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2006/06/12TENTH MEETING IN CAMERA MEETING Council met on Monday, June 12, 2006 at 5:30 p.m. in an In Camera Session. All members of Council were present. Alderman Morocco presided as Chairman. Following consideration of the items presented, the In Camera Session did not arise in open session. REGULAR COUNCIL MEETING Council met on Monday, June 12, 2006 at 7:10 p.m. for the purpose of considering Regular /Planning Business matter. All members of Council were present. Alderman Volpatti offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio that the minutes of May 29, 2006 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman Morocco indicated a pecuniary interest to cheque no. 301730 which were issued to her place of employment. Alderman loannoni indicated a pecuniary interest to cheque no. 310385 which was issued to a member of her family. Alderman Wing indicated a conflict with report PD- 2006 -46, as the Niagara Parks Commission has commented on application and she owns property with a Niagara Parks Commission employee. Alderman Campbell indicated a pecuniary interest to cheque no. 301519 and 301824 which were made payable to the District School Board of Niagara, being his employer and also to cheque no. 301451 which was made out to Stamford Collegiate, his place of employment. Mayor Salci indicated a pecuniary interest to cheque no. 301762 which was issued to himself. Alderman Pietrangelo indicated a pecuniary interest to cheque no. 301722 which was issued to the Niagara Catholic School Board, his employer. Committee Room 2 June 12, 2006 Council Chambers June 12, 2006 Caprice Aiello Juliana Ciccarelli Katrina Etezadi Megan McRae Stephanie Sherbok Westlane Robotics Team Planning Analysis Background 2 - June 12, 2006 Council Minutes DEPUTATIONS /PRESENTATIONS Niagara Falls Red Raiders Midget Girls "B" Basketball Team Mayor Salci presented plaques to the Niagara Falls Red Raiders Midget Girls "B" basketball team members on their recent gold win at the Ontario Provincial Championships. Team Members: Shelyn Barlow Sloane Clarkson. Taylor Good Courtenay Morris Julia Whidden In attendance also were Head Coach Carmen Demizio and Mario Ciccarelli, Assistant Coach. Mayor Salci presented certificates to the members of the Westlane Robotics Team who have recently set a world record by winning their third regional championship in FIRST Robotics Competitions. (For Inspiration and Recognition of Science and Technology). PLANNING MATTERS PD- 2006 -45 - Chief Administrative Officer: Public Meeting, Zoning By -law Amendment Application AM- 1512006, 9006 Netherby Road. Applicant: Jacqueline Vincelette, Addition to the Existing Building. The report recommends that Council approve the requested Zoning By -law amendment application to permit a 40 square metre addition to the existing dwelling and recognize a 28 square metre addition to the shed that has been built behind the garage; and the amending zoning by -law be deferred until approval from the Regional Public Health Department is obtained. The Clerk advised that a public meeting was now being convened to consider an a amendment to the City's zoning by -law for an addition to an existing dwelling at 9006 Netherby Road. He advised that Notice was given by First class mail in accordance with the Planning Act on Friday, May 12, 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, shall leave their names on the sign -in sheet outside Council Chambers. The Deputy Director of Planning and Development reviewed the recommendations and provided the following information. A previous zoning by -law amendment application for an addition to an existing garage for the property was approved in January 2004. The reason for the current Zoning By -law amendment is that the owner of the property has June 12, 2006 Council Minutes been restricted to a wheelchair through an industrial work place accident and the dwelling is not adequate for a wheelchair user and requires alteration. Official Plan The subject lands are located in the former Township of Humberstone. There are no approved Official Plan policies for this part of the City. The Rural /Agricultural policies proposed by the City for this area are deferred. The primary uses anticipated are a variety of agricultural operations, forestry conservation and farm related residential dwellings. In the absence of its own policies, the City must rely on Regional Official Plan policies. The Regional OP designates these lands as Good General Agricultural Area. This designation permits a very limited number of non - agricultural uses, provided the overall integrity of the agricultural lands is protected. The subject development is a small scale addition to the existing dwelling and does not result in an increase or an intensification of non -farm residential development. Agricultural uses in the area and surrounding land uses are not impacted by a small addition to the existing dwelling . The addition conforms to the City's deferred Official Plan policies and the Regional Official Plan. Zoning The current zoning permits agricultural uses and an associated residence on a lot with a minimum lot area of 25 ac. (10 ha). No new development of any kind is permitted if the lot is below this size. Uses existing at the time of the by -law, such as the existing dwelling and garage are permitted. As such, the proposed by -law would be limited to permitting the new addition to the existing dwelling and recognizing the addition to the garage that is existing. Normally small additions can be addressed through the Committee of Adjustment. However, By -law No. 70 -69 is very specific in not permitting construction on lots that do not meet the minimum standards and therefore, a by -law amendment is necessary to legalize the addition. Conclusion The amendment meets the intent of the deferred Official Plan policies and the Regional Official Plan with respect to controlling non - agricultural development. The existing and proposed development would not have any adverse environmental impacts. Prior to the passing of the amending zoning by -law, approval from the Public Health Department is required. Recommendation It is recommended that: 4 - June 12, 2006 Council Minutes Council approve the requested Zoning By -law amendment application to permit a 40 sq. m. addition to the existing dwelling and recognize a 28 sq. m. addition to the shed that has been built behind the garage; and The amending zoning by -law be deferred until approval from the Regional Public Health Department is obtained. Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Frank Bandiera, architect for the applicant outlined that the reason for the addition was due to a work accident, which has left his client in a wheelchair, and more room is needed in the home for accessibility. Mayor Salci declared that the Public Meeting with regard to AM- 15/2006 is closed. ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo that the report be approved as recommended. Carried Unanimously PD- 2006 -47 - Chief Administrative Officer: Public Meeting, Zoning By -law AmendmentApplicationAM- 16/2006, 2700 Mewburn Road. Applicant: Klein Building Corporation - Proposed 28- Unit Townhouse Development The report recommends that Council approve the Zoning By -law amendment application for 2700 Mewburn Road to permit a 28 -unit townhouse development; and passage of the amending by -law be conditional on completion of the required noise study and resolution of the traffic and access issues brought up in this report, to the satisfaction of the Region and the City. The Clerk advised that a public meeting was now being convened to consider an a amendment to the City's zoning by -law for a proposed 28 -Unit Townhouse Development, 2700 Mewburn Road. He advised that Notice was given by First class mail in accordance with the Planning Act on Friday, May 12, 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, shall leave their names on the sign -in sheet outside Council Chambers. The Deputy Director of Planning and Development reviewed the recommendations and provided the following information. Planning Analysis Official Plan The property is designated Residential in the Official Plan. Multiple unit dwelling developments are permitted within this designation where they are compatible with surrounding development and contribute to providing a mix of residential units to meet the needs of residents. The density of this development is 28 units /ha (11.5 units /ac) which is well under the maximum density permitted in the OP for townhouse developments. The proposal is similar to two abutting townhouse developments to the north. The development is within easy access of an arterial road ( Mountain Rd) without passing through a low density residential area. 5 June 12, 2006 Council Minutes The development has been designed to be compatible with surrounding dwelling. - proposed rear & side yards are consistent with abutting side & rear yards; - the project continues the established streetscape along Mewburn Rd. with several units fronting onto the street; - the proposed townhouses are intended to be bungalows with lofts; - landscaping typical of other townhouse developments is to be provided; Zoning The subject land is currently zoned Development Holding (DH). The DH zone is a holding category that is intended to preclude the development of the land until its appropriate use is determined. The requested R4 zoning is consistent with the intent of the Official Plan. A number of modifications to the standard R4 zone have been requested: -A requested change in the side yard width from one half building height to 3m. (10 ft) is acceptable because the units are bungalows and the setback is consistent with setbacks provided by the abutting townhouse project development; - Reductions in the separation distances between townhouse units on the same lot have been requested. These include: - Reduction from 15m (49.2ft) to between 7.6m and 11.2m where both walls of the units have door or window openings - A reduction from 3m to 2.4m where neither wall of the units have openings. These separation distances are intended in part, to provide a fire separation between the units and privacy for townhouse dwellers and these reductions do not create any impacts off -site. The proposed building coverage increase, from 35% to 41% of the lot area is minimal and is required because of the bungalow design of the townhouses. The Region is responsible for reviewing matters of Provincial interest such as noise. Due to the proximity of the development to the Q.E.W., the Region required a noise study to address any impacts on future residents from the highway. New comments have come in from the Region indicating they would be satisfied with approval conditional upon: air conditioning, double glazed windows and a warning clause in the site plan agreement. In addition, the requirements of the Traffic Services section with respect to driveway separation and Niagara Region's Public Works section with respect to waste disposal collection access may have an impact on the design and the setbacks of the townhouses. The developer has indicated he is willing to modify the site design to address the location of driveways relative to the entranceway to Mewburn Rd. This development will be subject to a site plan review and a site plan agreement. Adequate fencing, landscaping, screening to buffer surrounding residential properties, proper grading and adequate servicing including a stormwater system will be determined and implemented. Conclusion The Zoning By -law Amendment application can be supported for the following reasons: - It complies with the Official Plan policies regarding the location of townhouse developments in residential areas. - The development is compatible with surrounding residential development with respect to the proposed density and building and site design. Recommendation: - 6 June 12, 2006 Council Minutes The requested modifications to the R4 zone are acceptable and in keeping with surrounding development. Issues regarding noise, traffic, access and garbage disposal are to be addressed during the site plan process. Based on the revised comments received from the Region, it is recommended that 1) Council approve the Zoning By-Iaw amendment application for 2700 Mewburn Road to permit a 28 -unit townhouse development; and 2) The issues of the noise, traffic and access and garbage pick -up are to be addressed through the site plan process Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Fred Goldrup, #12- 2720 Mewburn Road, President of the Mount Forest Village Niagara South Condominium Corporation. He advised that he had no objection to the proposal but rather he had some concerns he wanted addressed: elevation, drainage, dust control, construction and a light at Mewburn and Mountain Roads. Tom Vattovaz, 2800 Mewburn Road, owns property next door to the proposed area, he indicated that he would like to see a eight foot solid fence put up prior to construction starting. He wants to ensure that construction hours are reasonable and good construction practices are followed. Kurt Klein, the applicant, advised Council that every attempt will be made to work with the city and the neighbors so that everyone is in agreement. He believes that this proposal will fit well within this residential area. He was confident that most of the minor concerns that have been brought up will be addressed in the site plan process and they intend to work closely with the City and Region staff to work them out. Mr. Klein also advised that the construction will be run normal business hours, roughly 8 a.m. -5 p.m. Monday through Friday. Mr. Klein agreed to consider a temporary fence during the construction phase. It was noted by staff that a noise study was no longer necessary, therefore, recommendation #2 was no longer applicable. Mayor Salci declared that the Public Meeting with regard to AM- 16/2006 is closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni to approve# 1 of the report as recommended. Carried Unanimously PD- 2006 -51 - Chief Administrative Officer: Zoning By -law Amendment Application AM- 17/2006, 6269 Dorchester Road, 6293 Dorchester Road ( Rear Portion) and 6322 Brookfield Avenue ( North & South of Existing Dwelling). Applicant: 1211990 Ontario Inc. ( Bernie Peters) Agent: Matthews, Cameron, Heywood Surveying Ltd. (Al Heywood). Proposed Single- Detached Lots with Special Driveway Access. The report recommends that Council approve the Zoning By -law amendment application as detailed in this report to permit the development of 7 single- detached lots on the subject lands. The Clerk advised that a public meeting was now being convened to consider an a amendment to the City's Zoning by -law for proposed single- detached lots with special 7 June 12, 2006 Council Minutes driveway access, 6269 Dorchester Road, 6293 Dorchester Road ( Rear Portion) and 6322 Brookfield Avenue ( North & South of Existing Dwelling). He advised that Notice was given by First class mail in accordance with the Planning Act on Friday, May 12, 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, shall leave their names on the sign -in sheet outside Council Chambers. The Deputy Director of Planning and Development reviewed the recommendations and provided the following information: Background: There have been several development proposals considered for the vacant Dorchester Rd. lands. Two previous applications were not supported by Council due to density, and area resident opposition: Council approved an application in August 2004 to permit an 8 unit apartment located near Dorchester Rd and 4 single detached dwellings along the west, northwest and south boundaries of the site. Council passed the implementing by -law in March 2005 for a site specific R1 C zone and also granted draft approval in June 2005 to a Vacant Land Condominium on the property. This approval is conditional on servicing, private roadway construction, waste collection agreement and payment of cash -in -lieu of parkland dedication. (Subsequent to the approvals, the applicant purchased the abutting property to the west - 6322 Brookfield Ave) Neighbourhood Meetings The applicant held an information meeting at City Hall on April 25, 2006 that was attended by approximately 20 area residents as well as Planning staff. The applicant advised that the approved vacant land condominium was not financially viable due to servicing and private road costs and that there was limited market interest in the project. Area residents expressed frustration with the numerous proposals for the site and felt a compromise was reached with the current approval. Concerns were raised regarding the driveway entrances to Brookfield Ave. Planning Analysis Official Plan The property is designated Residential in the Official Plan. The policies of the Plan support a variety of housing forms, lot sizes and densities. The OP encourages innovative housing forms and a more intensive use of vacant residential land and underutilized parcels. Infill development add to the City's residential land supply and are an efficient use of existing services to minimize municipal costs. The City's planning policies are consistent with the Provincial Policy Statement. The application proposes the same single- detached residential land use as the surrounding properties which maintains the character of the immediate area at a very low residential density of 4.9 units /ac (12.1 units /ha) The application represents a more efficient use of these underutilized Dorchester Road properties. This arterial road is a large traffic volume City roadway and the shared driveway design helps to minimize individual entrances and allows vehicles to avoid backing onto the street. Brookfield Ave can accommodate the minimal traffic generated by the proposed 3 homes accessing the street. Some of the trees on the Brookfield property will need to be removed for the driveway areas. Subject to appropriate zoning standards and privacy /buffering measures, the proposal will be compatible with the surrounding areas. Zoning The Dorchester Rd properties are zoned Residential Single Family 1C Density which permits an apartment dwelling containing 8 units as well as 4 single detached dwellings, all with access to Dorchester Rd. The Brookfield Ave. property is zoned Residential Single Family 1C Density (R1 C) zone. The proposal is down zoning from the existing approval and would provide for 6 lots with special driveway access and one lot with wider street frontage on Dorchester Rd. The proposed lot areas are larger than typical lots in new plans of subdivision. Recommended Site Specific R1 C Zone Conclusion Provision Minimum lot frontage (Parts 1 to 6) Maximum lot coverage Minimum north driveway setback (north driveway on Brookfield Ave) 8 - June 12, 2006 Recommendation 2 metres (6.6 feet) (area to be grass or planted) Council Minutes 3 metres (9.8 feet) 9 metres (29.8 feet) to the nearest property line Consent applications will be needed to create the individual lots and establish permanent easement/rights of way for the shared driveways and possible access to services. All municipal requirements will be addressed and include a Development Agreement for servicing, grading /drainage and installation of privacy fencing along the driveway boundaries and rear property lines of the existing dwellings. The requested site specific amendment complies with the policies of the Official Plan and is consistent with the Provincial Policy Statement. Both staff and Council supported an earlier application to zone the majority of the subject land for an 8 unit apartment and 4 single detached dwellings. 9 June 12, 2006 Council Minutes The current proposal represents a downzoning to exclusively single detached homes. Staff support this application as an alternative to the previously approved development. Recommendation It is recommended that Council approve the Zoning By -law amendment application as detailed in this report to permit the development of 7 single detached lots on the subject lands. Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Ernest Dragonette, 6292 Brookfield Avenue, lives north of the proposed property. He is not in support of this application. He would like the applicant to remove one of the proposed lots and redevelop it. The current proposed driveway is right next door to his home and believes it will invade his privacy. Cheryl Slater, 6243 Dorchester Road, which is two properties north of the proposed application. She believes there are major safety and liability issues with the proposed driveway /laneway. She questioned snow removal, parking and emergency vehicle access. The Fire Chief indicated that any fire concerns would be addressed through the development agreement. Jody Vye, 6293 Dorchester Road, is in support of this proposal, he believes it is much better than what has been proposed in the past. He will be afforded much more privacy. Al Heywood of Matthews & Cameron indicated that the new proposal was much less dense reducing the from an 8 unit apartment and 4 condos to 7 condos. He pointed out that the driveways were not roadways, they have ample turning and the residents would have equal responsibility for maintenance. Mr. Heywood stated that the rear yard setbacks were substantial, a lot of green space was accommodated, a close board fence and plantings should ease any imposition of the driveways onto Brookfield and that flagship lots are common in other jurisdictions. He indicated that eliminating the Brookfield access would not solve the problems. A turning circle was not feasible and a 6 lot driveway would pose problems. Mayor Salci declared that the Public Meeting with regard to AM- 17/2006 is closed. ORDERED on the motion ofAlderman loannoni, seconded byAlderman Pietrangelo that the application be denied. Motion Carried with Alderman Volpatti, Campbell and Kerrio opposed. PD- 2006 -46 -Chief Administrative Officer: Official Plan &Zoning By-law Amendment Application AM- 06/2006, 5171, 5491 and 5507 River Road & 4399 and 4407 John Street. Applicant: O.R.E. Development Corporation, Agent: Italia Gilberti, Solicitor. Proposed 29- Storey Residential Development The report recommends that Council not approve the Official Plan and Zoning By- law amendment application to permit a 29- storey, 250 unit residential development on the subject land. The Clerk advised that a public meeting was now being convened to consider an a amendment to the City's Official Plan and Zoning By -law Amendment Application to consider a proposed 29- Storey residential development. He advised that Notice was given by First class mail in accordance with the Planning Act on Friday, May 12, 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, shall leave their names on the sign -in sheet outside Council Chambers. The Deputy Director of Planning and Development reviewed the recommendations and provided the following information: Official Plan The majority of the subject lands are designated Tourist Commercial The lands west of River Lane are designated Residential. The applicant has requested that all subject lands be designated Residential to allow them to be developed for housing. In addition, special site specific policies are requested to be added to the OP for the whole of the lands to permit the proposed development at the height & density proposed. This project would be the tallest residential development in the City and also have the highest residential density. - The density of this development is 384 units /ha (155 units /ac), based on the assumption that River Lane will be sold by the City to the applicant, creating one large parcel. - Without River Lane, the proposed development would be 550 units /ha (223 units /ac). Whereas the highest residential density in the City's OP is 125 units /ha (50 units /ac) in close proximity to the Central Business District. Zoning Neighbourhood Meeting The applicant held 3 meetings with surrounding residents. - 10 - June 12, 2006 Council Minutes The majority of the subject lands are currently zoned Tourist Commercial with site specific provisions permitting: - The development of a motel having up to 4 storeys and 112 units. - The motel was approved in the early 1980's only after an OMB hearing considered the objections from the neighbourhood The two properties on John St. are currently zoned Residential Single Family and Tow Family ( R2). The zoning of all of the land is requested to be changed to a site specific multi - residential zone ( yet to be determined) to permit the proposed development. Concerns were raised at these meetings over the following matters: - Elimination of public access to River Lane; - Additional traffic created on River Rd, and traffic may infiltrate into the residential areas and garbage trucks accessing the project through River Lane would disrupt residents. - current water pressure problems may be exacerbated; - Shadowing impacts and the reduction of privacy the project would cause for nearby residents. A number of letters of objection and a petition have been received from residents about the height and massing of the building and its context in the neighbourhood, traffic generation by the development and the closure of River Lane. CONFORMITY - 11 - June 12, 2006 Council Minutes The Planning Analysis is based on the Residential policies of the Official Plan New residential development is to occur in a manner which is compatible with the surrounding neighbourhood in terms of density, height gradation, building mass, arrangement, setbacks and appearance. The proposed density is several times greater than even the highest density contemplated by the OP any where in the City. The height of the tower is excessive in terms of OP policies. The development is not compatible in terms of design and massing with the surrounding neighbourhood. The proposal is removed from the Central Business District and brings into question the extent of economic benefit the downtown would receive. The abutting low density residential areas will not be protected from shadowing cast from the building The residential area may also be impacted by wind, traffic and servicing. The Tourist Commercial policies provide that the quality of life for residents is not to be adversely affected by the overshadowing effects of tall buildings. To ensure this, building heights in the tourist area are to be reduced toward the periphery. In this regard, the property to the south is identified for building heights between 9 and 12 storeys. The proposed development does not respect the policies of the OP regarding the reduction of building heights towards the periphery of the tourist core. Appropriateness The 29 storey proposal represents an over development of the site. The current design relies on Phillip and John Streets and River Lane for vehicular access including delivery and service vehicles such as garbage trucks. It would be better to locate high -rise, high density residential development in the CBD to support surrounding commercial uses as promoted in the Downtown Community Improvement Plan (CIP) and Strategic Implementation Plan (SIP). Alternatively, this form of development may be feasible in the core of the Central Tourist District where buildings of similar height and mass are located. Compatibility Land use compatibility is typically achieved through the gradation in building heights and densities and the use of adequate separation distances between high -rise and low -rise buildings. The proposal would place a 29- storey high building about 30m (100ft) away from residential properties of a low density and height. In addition to subjecting residential properties to the west to shadowing impacts, it is also - 12 - June 12, 2006 Council Minutes expected that a building of this height would deflect prevailing winds downward, resulting in wind impacts at the pedestrian level. The NPC has cited concerns about shadowing over the Gorge. The tower would be only about 35m (115ft) from the lip of the Gorge and will leave part of the gorge in shadow for much of the afternoon. The Niagara Gorge is an important natural resource. Servicing Neither the Region nor the City's Municipal Works section can confirm sufficient capacity at this time in their respective infrastructure (water services and sanitary sewers, Bender Hill pumping station) to support this project. In addition, the NPC and the City's Parking & Traffic Services section and Residents have expressed concerns about the impact of traffic from the project on the surrounding road network. Need City statistics identify a 19 year inventory of residential lands available for development, well in excess of the amount required under Provincial legislation. There are lands prezoned for multiple residential development in the City that can accommodate up to 924 units. On average, 44 multiple units are built in the City on a yearly basis. The need to redesignate the subject lands for additional housing has not been demonstrated. Conclusion The application to amend the Official Plan and the Zoning By -law to permit a 29- storey, 250 unit apartment building cannot be supported for the following reasons: - It does not conform with the general objectives of the Official Plan, in particular, the residential areas are not protected from the adverse impacts of high -rise development. - The subject site is too small to support this development - The application presumes the closing of River Lane which is unacceptable to area residents. River Lane contains municipal services. - The height, density and coverage of the development is unprecedented in the City and will be completely out of character with the surrounding residential area. - Adverse impacts on the surrounding residential area and the Niagara Gorge will occur, including unacceptable shadowing of residences and the Gorge, possible wind impacts, increases in traffic and service vehicles accessing the building through River Lane. - It has not be demonstrated that the surrounding road network and municipal services can support the development. - The Official Plan directs high density, high -rise development to areas adjacent to major commercial areas, such as the Central Business District, to support these commercial areas as promoted by the Strategic Implementation Plan. Recommendation: It is recommended that Council not approve the Official Plan and Zoning By -law amendment application to permit a 29- storey, 250 unit residential development on the subject lands. - 13 - June 12, 2006 Council Minutes Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Ken Murphy, 5401 River Road, believes the application is too dense, is seven times in height what the property is currently zoned for and would lead to too much traffic. John Prentice, 4413 John Street, felt the project is too big, would scuttle plans for downtown and open the door for a block of high rises in this area of River Road. He felt that the purchase of River Lane would affect the character of the area. Mr. Prentice suggested that the developer should modify the proposal and compromise with the neighbours, possibly consider 14 storey condos. Sal DiPietro, of Stamford Realty, advised that he is in full support of this application and believes it will assist in the downtown revitalization. He believes it will help the value of homes in the area. Stephen Birtles, 4474 Ryerson Cres, urged Council not to approve the proposal, there will only be three exits and the area will be overly congested. John Simanic, 4480 Philips St., believes that the proposed development is much to close to the gorge area and it will destroy the view. Sam Bielech stated that this will help the area, increase the tax base and if comparable heights are allowed for hotels, why not residential condos. Jason Pellerin, 4488 Philip St., was concerned about the loss of his privacy with the residents being able to look directly into his backyard. He would like this proposal to be built closer to Queen Street. Mike Baldasio, 4351 Otter Street, thinks this is the wrong area for this proposal, it will detrimentally affect the beautiful surroundings and the majority of neighbours are against it. Leila Cruickshank, 7765 Wilson Crescent, believes the environmental concerns and stability of the gorge must be addressed. She also thought the proposal would add to traffic. Ann Beauregard, 5435 River Road, doesn't agree with the 29 stories but believes if changes are considered to the size it can be more viable. She would prefer to see condos rather than another hotel. Al Dobson, 5435 River Road, thinks this a class proposal that could be smaller. He indicated with many B &B's for sale, the character of the area is slated to change. George Olesevich, 4036 Elberta Avenue, felt this proposal was thirty years too late. He felt it would add to the development in the City and create a "Yorkville" -like area for Niagara Falls. Laurie Panetta, 5903 River Road, is in support and questioned some of the signatures of persons on the petition. Linda Savriga- Haitos, 4443 Hiram Street, felt the surrounding streets were too narrow and can not handle the proposed, increased traffic. Greg Timco, 4045 Ontario Avenue, is in favour of downtown development but felt this proposal should be half the size. hotel. -14- June 12,2006 Council Minutes Sandra Daly, 4467 Hiram Street, would rather see this condo instead of another Domenic Spedaliere, 5567 Ontario Avenue, feels this will jump start the downtown development, which is lacking. Italia Gilberti, Solicitor for the applicant, stated that this is a landmark development. She felt that the project should not be disqualified based on height alone, pointing out that buildings of much greater height have been approved in the City. This project will help with the revitalization of downtown bringing new people to the City as the development is to attract 50% international clientele and 30% from elsewhere in the country. Ms. Gilberti outlined the environmental study which indicated that the bedrock was strong enough to support the development. Ms. Gilberti spoke of the developer entering into a density easement agreement and paying $500,000 for public realm improvements, in the area of downtown. Michael Lechman, architect, did a presentation which outlined that there would be 70 units in the podium and 180 units in the tower. A market study was done which supports the proposal. The location is ideal because of the highway access. Mr. Lechman indicated that there would not be much increase to the traffic in the area, shadowing has been minimized due to the location of the tower, landscaping, trellises, promenades and the vertical garden will integrate the project into the character of the surrounding area. Rick Brady, Planner, outlined that the area is identified in the Region's plan as being in the Central Business zone and it would not be subject to Regional development charges. Mayor Salci declared that the Public Meeting with regard to AM- 06/2006 is closed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni to approve the report. Motion Carried with Alderman Campbell opposed and Alderman Wing declaring a conflict. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing that a staff prepare a report on using the Architectural Peer Review for any development over 10 storeys. MAYOR'S REPORTS, ANNOUNCEMENT Carried Unanimously Mayor Salci advised that letters of condolence were sent to the family of Elda Kotakes, who was the sister of Alderman Selina Volpatti and to the family of the late Vincent Chieca, grandfather of Luciano Chieca, a city employee. Mayor Salci advised of some recent events: the National Brownfield Association Summit, which took place on June 8 and 9th in Niagara Falls, a roundtable discussion on the WHTI issue with Provincial Opposition leader, John Tory, meetings with MPP Craitor and MP Nicholson to discuss funding for downtown revitalization project and the 2 " Annual Air Show put on by Ed Russell. Mayor Salci advised of some upcoming events: On June 24 a celebration of the 75 Anniversary of Oakes Park will take place. On June 25 at 10 a.m. St. Thomas Moore Church will be celebrating their 50 Anniversary. COMMUNICATION AND COMMENTS OF THE CITY CLERK 1. Club Italia - requesting approval for the pyrotechnic fireworks display at the annual Club Italia picnic to be held on Sunday, July 9, 2006. RECOMMENDATION: For the Approval of Council - 15 - June 12, 2006 Council Minutes 2. Downtown B.I.A. - requesting that Council ratify the appointment of the new members to the Downtown Board of Management. RECOMMENDATION: For the Approval of Council 3. Lundy's Lane B.I.A - requesting Council's approval of the 2006 Budget. RECOMMENDATION: For the Approval of Council 4. Clifton Hill B.I.A. - requesting Council's approval of their 2006 Budget and tax levy request. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that communications 1-4 be approved. Carried Unanimously REPORTS FINANCE MATTERS 1. Chief Administrative Officer F- 2006 -33 - 2005 Capital Accounts 2. Chief Administrative Officer F- 2006 -34 - 2005 Development Charges 3. Chief Administrative Officer F- 2006 -35 - 2005 Reserves and Reserve Funds 4. Chief Administrative Officer F- 2006 -36 - Agreement for Adjuster Services ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that reports 1-4 be approved. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the actions taken in Community Services, on June 12, 2006 be approved. Carried Unanimously 1) That the minutes of the May 29, 2006 meeting be approved, 2) That the presentation on the Railway Museum be deferred to the June 26 Council meeting. 3) That report 2006 -16 Recreation Property and Building End Use be deferred. 4) That report 2006 -22 The Centennial Water Molecule be deferred to invite - 16 - June 12, 2006 Council Minutes representatives from Hi -Tech Material Handling Company to attend the meeting. 5) That a comprehensive review be completed by September 2006 that analyses the need for and viability of an indoor sports field facility on City owned lands, and this review would serve as the basis for a Request for Proposal for the development of such a facility. 6) That the "Heavy Vehicle" restrictions on Ontario Avenue as outlined in report MW- 2006-63 be approved. 7) That report 2006 -68 Unauthorized Alterations to Public Property be received for information. That a protocol be prepared that allows Staff to take appropriate legal action regarding unauthorized alterations to public property. 8) That the City of Niagara Falls enters into a Consulting Services Agreement with Kerry T. Howe Engineering Limited for the first phase of the Queen Street Reconstruction. 9) That staff review all options with respect to the north bound traffic on Victoria Avenue at Centre Street, meet with the appropriate BIA's and report back as soon as possible. 10) Staff report on the use of motorized scooters on City Streets. CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2006 -37 - Municipal Accounts. It is recommended that Council approve the municipal accounts totalling $24,504,310.93 for the period April 26, 2006 to May 30,2006. PD- 2006 -44 - Housing Monitoring Report. It is recommended that Council receive these four reports for information. PD- 2006 -49 - Matters Arising from Municipal Heritage Committee (MHC). It is recommended that City Council approve a designated property grant for two- thirds of the eligible costs (to a maximum of $ 3,000.00) to restore and repair the iron fence and stone wall surrounding the property located at 2922 St. Paul Avenue, as outlined in the report; and approve the restoration of the windows, shutters and French doors on the property located at 2922 St. Paul Avenue, as outlined in the report; and approve the proposed fence to be erected around the Battle Ground Hotel Museum, as outlined in the report. PD- 2006 -50 - Request for Removal of Part Lot Control Portions of Lots 33 & 34, Registered Plan 108, 6848 Cropp Street. Agent: Brian Sinclair Professional 2006 -96 2006 -97 2006 -101 - 17 - June 12, 2006 Council Minutes Corporation. It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate portions of Lots 33 & 34, Registered Plan 108, described as Parts 1 & 2, Reference Plan 59 -R- 13079, as exempt from Part Lot Control; and the applicant be required to notify the City when the separate deeds have been registered. MW- 2006 -64 - Contract 2006 - 167 -06, Churchill Street Cul -de -sac Improvements and Parking Lot Construction. It is recommended that the unit process submitted by the low tenderer, Rankin Construction Inc., be accepted. FS- 2006 -06 - Award of Tender for Addition to Station 1. It is recommended that Council award tender # T -04 -2006 for the renovations to Fire Station 1 to how bidder M/2 Group Inc., Oakville, Ontario for the tender amount of $145,377.7 GST included. ORDERED on the motion ofAlderman Kerrio, seconded by Alderman Campbell that the recommendations in the Consent Agenda be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded byAlderman Morocco that the by -laws be given a first reading. Carried Unanimously 2006 -95 A by -law to authorize the execution of a Condominium Agreement Mountainview Construction Inc., being Part 1 on Reference Plan 59R- 13029. A by -law to authorize the execution of an Agreement with Colleen Gallen, Ring Niagara respecting the use of the Niagara Falls Memorial Arena for a boxing match. A by -law to amend By -law No. 2002 -81, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2006 -98 A by -law to establish Part 1 on Reference Plan 59R -13095 as a public highway, to be known as and to form part of Carroll Avenue. 2006 -99 A by -law to continue By -law 2001 -31 of the Corporation of the City of Niagara Falls. 2006 -100 A by -law to designate portions of Lots 33 and 34, Registered Plan 108, described as Parts 1 and 2 on Reference Plan 59R- 13079, not subject to part-lot control. A by -law to authorize the execution of a Section 37 Agreement with 1397878 Ontario Limited and 1251435 Ontario Limited pursuant to Section 37 of the Planning Act respecting the provision of certain facilities and services and matters by 1397878 Ontario Limited and 1251435 Ontario Limited in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a hotel to a maximum building height of 27 metres and 7 storeys on lands owned by 1397878 Ontario Limited and 1251435 Ontario Limited and located on Victoria Avenue, in the City of Niagara Falls. 2006 -102 A by -law to authorize the payment of $24,504,310.93 for General Purposes. 2006 -103 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of June, 2006. ORDERED on the motion of Alderman Pietrangelo, seconded byAlderman Morocco that the by -laws be read a second and third time and passed. Carried Unanimously Junior A Team The Chief Administrative Officer advised that he has received the proposal and once it's been assessed it will be brought to the next Council meeting. Boys & Girls Club ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that the Council representative be invited to attend politically arranged /scheduled meetings related to the Boys & Girls Club and report back ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing that the meeting go past 11:00 p.m. Carried Unanimously Property Tax Subsidy for Seniors ORDERED on the motion of Alderman Campbell, seconded by Alderman Morocco that staff prepare a report on a Property Tax Subsidy for Seniors. Carried Unanimously St. Andrew's United Church -150 Anniversary ORDERED on the motion of Alderman Diodati, seconded byAlderman loannoni that St. Andrew's United Church be recognized for their community involvement at a future Council meeting. Carried Unanimously Industrial Tax Rates ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that staff prepare a report on the statistics regarding the Industrial Tax Rates in the Province. Carried Unanimously Niagara Falls Civic Pride Day - August 1 - 18 - June 12, 2006 Council Minutes NEW BUSINESS Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that staff provided a report on the possibility of a Civic Pride Day. Carried Unanimously ORDERED on the motion of Alderman Kerrio, seconded by Alderman Diodati that the meeting be adjourned at 11:25 p.m. Carried Unanimously DEAN IORFI L , CITY CLERK R.T. (TED) SALCI, MAYOR