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2001/05/25FIFTEENTH MEETING SPECIAL COUNCIL MEETING Council Chambers May 25, 2001 Council met on Friday, May 25, 2001 in a Special Meeting of Council for the purpose of considering Council's decision regarding By -law No. 2001 -85 and to consider approval of a site plan for 6039 Fallsview Boulevard. All members of Council, with the exception of Aldermen Wing, Feren and Volpatti, were present. His Worship Mayor Thomson presided as Chairman. PD- 2001 -49 Chief Administrative Officer- Re: Appeal to Zoning By -law No. 2001 -85; AM- 46/2000, 6039 Fallsview Boulevard; proposed 15- storey Hotel. The report recommends that Council reaffirm, by resolution, the passing of By -law No. 2001 -85 and direct staff to proceed to submit the appeals to the Ontario Municipal Board. -AND PD- 2001 -50 Chief Administrative Officer Re: Application for Site Plan Approval; 6039 Fallsview Boulevard; Proposed 2-storey Tourist Commercial Development. The report recommends that Council approve the site plan for a proposed 2 -storey Tourist Commercial Development on the basis outlined in this report. His Worship Mayor Thomson received indication that Mr. John Broderick, Solicitor and Mr. Orsini, the applicant were in attendance. His Worship Mayor Thomson advised that an objection had been received from the owners of the Sheraton Point Four Hotel to Zoning By -law No. 2001 -85, that would permit the development of a 15 -storey hotel at 6039 Fallsview Boulevard and an off -site parking lot north of the hotel site; and further, that under the Planning Act, the City was required to forward the appeal to the Ontario Municipal Board along with a resolution of Council reaffirming it's decision to permit the development of a 15- storey hotel. The Directorof Planning and Development referred to the Architectural Peer Review report dealing with and the maintaining of a 6 metre landscaping strip and which is part of the appeal of By -law No. 2001 -85 for the proposed development. He stated that in order to proceed with the second phase of the development, the building should be designed so that it can comply with applicable design guidelines. The applicant should acknowledge that he is proceeding at his own risk given that the first phase of the project has been appealed. Mr. John Broderick advised that in order to expedite this matter and proceed with the development, his client would agree to the amended recommendation that the landscaping along Fallsview Boulevard and Stanley Avenue be increased from 3.5 metres to 6 metres, and thanked members of Council and staff for dealing with this matter. Following the discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the Report PD- 2001 -49 be received and adopted. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that Council approve the site plan for a proposed 2- storey tourist commercial development subject to the modification that the landscaping along Fallsview Boulevard and Stanley Avenue be increased from 3.5 metres to 6 metres. Carried Unanimously. 2 RESOLUTIONS RESOLUTION NO. 14 FISHER HENDERSHOT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By -law No. 2001 -85, a by- law to permit a 15- storey hotel at 6039 Fallsview Boulevard. RESOLUTION NO. 15 PIETRANGELO ORR RESOLVED THAT the Council of the Corporation of the City of Niagara Falls advise the Ontario Municipal Board that the appeal by 3414574 Canada Inc. to Zoning By -law No. 2001 -85 is frivolous, vexatious and made for the purpose of delay and was not made in good faith; AND FURTHER THAT the Ontario Municipal Board be requested to expedite this matter and set an early hearing date. AND The Seal of the Corporation be hereto affixed. Carried Unanimously READ AND ADOPTED. DISCLOSURES OF PECUNIARY INTEREST Carried Unanimously Alderman Craitor indicated a pecuniary interest from the Council meeting of May 14, 2001 on Report F- 2001 -36, Cheque No. 259741 because a member of his family is employed by the Region. ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the meeting be adjoumed. Carried Unanimously. R. O. KALLIO, ACTING CITY CLERK WAYNE THOMSON, MAYOR