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2009/11/02NINETEENTH MEETING REGULAR COUNCIL MEETING Council Chambers November 2, 2009 Ccuncii met on Monday, November 2, 2009 at 7:10 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor Eoannoni and Kerrie were present. Councillor Diodati offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the mft utes of October 19, 2009 be approved as recorded. Carried Unanimously DEPUTATIONS /PRESENTATIONS Niagara Fails Titans Under - 18 Soccer Team Mayor Said congratulated the members of the Niagara Falls Titans - Under 18 Soccer Team for winning Silver at the National Championships and presented the team with individual pDacues. The Team: Johnny Bandii, Robbie Farquharson, Jacob Glantz, Mike Palomba, Dyian Simon, Adam WhotweDD, Matt Baldassarro, Lucas Folino, Chris Lanni, Derek Paterson, Aaron Van VeDze -, Carlos Williams, Kyle Camposarcone, Anthony Fruci, Malcolm Mings, Eddy SDdani, Brad Van Hoffen. E-iead Coach: Dan Pereira, Assistant: John Portanova, Manager: Nick Palomba and Trainer: Ron Van Veizen Backgr©urrrd PLANNING MATTERS PD- 2009 -83 - AM-2009-016, Zoning By -law Amendment Application, 6432 Thorold Stone Road. Applicant: Niagara Child Youth Services Foundation. Proposed Group Home The Director of PDanning and Development reviewed the recommendations and provided the foDDcwing information. The Dand is currently zoned Residential Apartment 5A Density with site specific regulations that allow the existing building to be used as a temporary residence for up to 6 aduits and their children at one time. The zoning is requested to be changed to a new site specific R5A zone to allow the property and existing buiding to be used as a group home for up to 10 children ages 6 -14. Planning Anaiysis Land is designated Residential by the Official Plan. Ancillary uses including group homes may be permitted where compatible. -2- November 2, 2009 Council Minutes The group home will be located within the existing building that has been used for a similar purpose since 1982. A degree of compatibility has been achieved betvveen the use of this property and surrounding uses and conversion to a similar use is not expected to affect this compatibility. As the building accommodated up to 6 adults and their children (exclusive of staff) permitting the building to be used to house up to 10 individuals is not expected to increase the intensity of use. In addition, as the use is not expected to generate a significant amount of traffic, and the site has ready access to Thorold Stone Road, no traffic impacts are anticipated. The current zoning of the site permits the existing building be used as a `Special Residence, Emergency Care ", providing temporary accommodation and assistance for up to 6 adults and their children that require immediate emergency shelter. The applicant is requesting this zoning be repealed and replaced with a new site specific R5A zoning that will permit the property to be used as a group home for up to 10 children, ages 6 -14 need to live in a supervised residence. The home will be staffed 24 hours a day. The amending by -claw will include the following definition of a group home: "GROUP HOME" means a residence licensed, supervised, approved or funded under a federal or provincial statute for the accommodation of three (3) to ten (10) persons, excluding staff or the receiving family, living under responsible supervision and who, by reason of their intellectual, mental health, social or physaca: condition or legal status, require a group living environment for their well being. No changes are proposed to the development standards that apply to the property. Although no additions to the existing building are currently contemplated, any additions in the future will have to comply with the R5A zone regulations. According to the zoning bylaw, group homes are required to provide a minimum of one parking space. The applicant has informed staff that up to 3 staff will be at the facility at any given time. Up to 3 staff will be at the facility at any given time. Transportation Services have advised that 3 parking spaces would be required for the proposed facility. These spaces should be provided entirely on -site and Transportation Services have recommended an extension of the existing asphalt to allow manoeuverability of 3 vehicles in a parallel position adjacent to the building. Site Plan Control — the provision of the required parking spaces and the Region's request for land dedications for a road widening and a daylighting triangle can be addressed through Site Plan Control. Conclusion The zoning amendment to permit the property to be used for a group home for up to 10 persons on the land can be approved for the following reasons: Vt complies with the Official Plan policies respecting the location of ancillary uses in residential areas; Changing the use of the property from a temporary residence for up to 6 adults and their children to a group home with up to 10 residents will not intensify the use of the property and should be compatible with the surrounding land uses; Requiring a minimum of 3 on -site parking spaces wolf ensure sufficient parking is available for staff. The provision of 3 on -site parking spaces and the Region's required dedications for road widening and a daylighting triangle can be addressed through Site Plan Control. Recommendation; -3- November 2, 2009 Council Minutes That Cou,r••ciD approve the Zoning By -law Amendment application to permit the property to be used as a group home for up to 10 persons, subject to the provision of a minimum of 3 parking spaces 'coated entirely on the subject property. Lorna Lynn Anstruther, 4075 St James Avenue, expressed concerns with the busy traffic area and questioned whether the area was safe for the children staying at the house. Ms. Anstruther wanted clarification on the age of the children. She was also concerned that there was not ample parking. Denis Sunstrum, Town & Country Florist, 4073 Longhurst Avenue, advised that he has no probaem with the proposed development and feels it is a good use of the building. Erie Morgan, Morse & Son Funeral Home, indicated that he is a Rotary Club member and his organization supports the project financially and with volunteers. EDV LH9elmeczi, Director of Clinical Services, Niagara Children Youth Services, indicated that his organization is the primary children's mental health agency in Niagara. The propose] brings the service to Niagara Falls, where it currently does not exist. Mr. Helmeczi advised that the children who will be in the home will be between the age of 6 -14 and the duration of the stay will be approximately six months. He advised that three parking spots for staff was sufficient. The FubDlc Meeting was Closed. ORDERED on the motion of Councillor Mayes, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously PD - 2009 - - Ar ] - 2009 - 0117, Zoning By -law Amendment Application, 4354 and 4374 Drummond Road). Applicant: City of Niagara Falls. Permit the Option of Using the Two Subject Lots as One Lot to Recognize the Existing Business Background The Director of Planning and Development reviewed the recommendations and provided the following information. Proposed Application The appDicant is proposing to change the zoning of the subject land to allow both Dots to be recognized as one through zoning to accommodate the existing commercial use (E & R Land Equipment). The subject lands consist of two separate lots: one containing a retail store and the other a legal non-conforming single detached dwelling. A recently constructed addition to the store is located across both lots which is not permitted through zor. r g. The addition was built without a permit. To correct the non- compliance with zoning provisions a site specific regulation is requested to be added to the current General Commercial (GC) zoning. Planning Analysis Officia[ Plan Land is designated Major Commercial in Official Plan. -4- November 2, 2009 Council Minutes Part of the Stamford Retail District which serves the weekly shopping requirement of surrounding residents. The proposal complies with the OP as follows: • The consolidation of properties is encouraged to strengthen the commercial viability of the area. • The existing use conforms to the intended use of the property. • Utilizing the two lots as one provides for retail expansion and future redevelopment in conformity with the Official Plan. Zoning Lands are currently zoned General Commercial (GC) which permits retain use. The amendment would add a specific regulation to the existing zoning to recognize use of the two lots as one. The retail store complies with all other GC regulations, the amendment would allow future expansions of the business. Future separation of the lots will require relocation or removal of the buildings to meet zoning requirements. Conclusion The request for rezoning is made to correct a non - complying situation and wi l allow for future expansions of the existing retail use and can be supported however the applicant is required to obtain the necessary permits from the City's Building Department. Recommendation That Council approve the Zoning By -law amendment application recognize the use of two Cots as one to recognize the existing retail use. Brian Sinclair, agent for the applicant, advised that he had no objection to the recommendation. He indicated that a site plan should not be required as there is already an existing building and the road widening was already taken by the Region. He indicated they will deal with the issue of whether a building permit is required at a Cater date. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councilor Mayes that the report be approved. PD- 2009 -86 - Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space Above Businesses Along Queen Street and Erie Avenue. ORDERED on the motion of Councillor Wing, seconded by Councillor P?,etrangelo that the report be deferred to a future Council meeting. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to Councilor Vince Kerrio on the passing of his father. Vince Kerrio Sr., who will be missed by his family and many friends. Also, condolences to Len Hantziagelis, a city employee, on the passing of her brother -in -law, lzidor Vattovaz. Mayor Salci advised that the unveiling of the Bill Davis Commemorative Plaque took place today at Fireman's Park. -5- November 2, 2009 Council Minutes Mayor Salci advised of some upcoming events: kick off of the 27 Annual Winter Festival of Lights and the Santa Claus Parade, which will include Project S.H.A.R.E. picking up focd donations along the parade route, Prime Time Brass Band from Rochester and the Vancouver 2010 Olympic and Paralympic Winter Games Mascots. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK TESL - Request that the week of December 6 -12, 2009 be proclaimed as "English as a Second Language Week" in the City of Niagara Falls. RECOMMENDA T GON: For the Approval of Council ORDERED cn the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the requested be approved. Carried Unanimously 2. Town of Lincoln - Letter from the Mayor of Lincoln on the Upload of Social Program Costs. RECOMMENDATOON: For the Information of Council ORDERED on The motion of Councillor Thomson, seconded by Councillor Fisher that the information be received and supported. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that Ed Lustig be permitted to speak. with Councillor Wing opposed. Carried Unanimously Ed Lustig, Broderick & Partners, on behalf of Hospitality Resorts Inc., requested that the City participate as a party in the appeal process against the Region's Growth Plan. Slated for the Ontario Municipal Board. He indicated that the City may utilize the services of Bousfields Inc. Planning Consultants to support its position in this matter. ORDERED on the motion of Councillor Mayes, seconded by Councillor Thomson that staff bring back a report on the legal costs to participate in the O.M.B. hearing at the November 16` Council meeting. Motion Carried REPORTS RATIFICATGON OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Community Services Committee, on November 2, 2009 be approved. Carried Unanimously 1. That the minutes of the October 19, 2009 meeting be adopted as corrected. -6- 2 a. MW- 2009 -80 Request for Infrastructure Improvements Mulhern Street That the Baldwin Avenue & Mulhern Street Watermain Replacement project identified in the 2009 Capital Budget be deferred pending the completion of the 10- year infrastructure Needs Assessment. b. MW- 2009 -82 Waterloo Drive Consulting Services That the Mayor and Clerk be authorized to execute the required Consultant Services Agreement with AECOM Canada Ltd at an upset limit of $28,000. PD- 2009 -84 Commercial Building & Facade Improvement Applications Queen Street (4 properties) & Crysler Street (1 property; November 2, 2009 Council Minutes That Committee recommend approval of the applications for Facade and Commercial Building Improvement, subject to Historic Niagara meeting the Downtown CIP program requirements including the payment of all outstanding property taxes on the respective properties. PD- 2009 -85 Commercial Building & Facade Improvement Appiicati ®n 5844 Main Street That the Commercial Building & Facade Improvement Grant Application for 5844 Ferry Street be approved subject to the owner satisfying the program requirements. 2) That the Mayor and Clerk be authorized to execute the grant agreement. e. PD- 2009 -81 Open Houses for Official Plan and Zoning By -iaw Amendments That Council pass the revised Pre - consultation By -law appearing an the agenda to require an open house to be held for applications to amend the City's Official Pan and Zoning By -law as part of a complete application. TS- 2009 -43 Erie Avenue - Parking Review That a "No Parking - Passenger Drop Off Zone Only" zone be established on the west side of Erie Avenue from a point 29 metres south of Bridge Street to a point 41 metres south of Bridge Street. g. TS- 2009 -45 Peer Street Heavy Vehicle Restriction That heavy vehicles including buses be prohibited on Peer Street between A lendale Avenue and Main Street. TS- 2009 -44 Mewburn Road - Road Closure That Council approve the by -law on tonight's agenda with the amendment to allow temporary passage of pedestrians and human powered vehicles. TS- 2009 -47 Eastwood Crescent - Traffic Operations Review That this report be received for the information of Committee. -7- November 2, 2009 Council Minutes 3 a. That staff review the No Parking restrictions on the westside of Kalar Road to determine if on- street parking could be permitted in the winter months. b. That staff investigate and report back to Council on the bike lane markers on St. Pau: Avenue. 2. F- 2009 -91 Water Account CoBlections Residential Tenanted Accounts RATIFICATDON OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED or the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services Committee, on November 2, 2009 be approved. Carried Unanimously 1. That the minutes of the October 19, 2009 meeting be adopted as recorded. 1. That staff to report back to Council with a revised deposit amount for residential tenanted accounts. Thar. the practice of transferring arrears of unpaid water /sewer charges onto the owner's tax account be discontinued effective November 3, 2009. 3. That sta: investigate the issue of bird feeders. 4. That Staff icr:Fng forward amendments to the Live Adult Businesses By -law to limit the number of Adult Entertainment Parlours to three (3), with an effective date of today. BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2009 -170 A by - law to require pre - consultation on certain Planning Act applications in the arty of Niagara Falls. 2009 -f 71 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Frohibted, Heavy Vehicle Restriction, Stop Signs at Intersections) 2009 -172 A by -law to temporarily remove the public right of passage over a highway. 2009 -173 A by -aw to adopt, ratify and confirm the actions of City Council at its meeting held on the 2 day of November, 2009. ORDERED' on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Carried Unanimously nciusionary Zoning By -law -8- November 2, 2009 Council Minutes NEW BUSINESS ORDERED on the motion of Councillor Wing, seconded by Council or Pietrangelo that staff prepare a report on the value of an inclusionary zoning by -flaw as (proposed by Cheri DiNovo's Private Members' Bill. Carried Unanimously ORDERED on the motion of Councillor Mayes, seconded by Councillor Diodati that the meeting be adjourned at 8:30 p.m. DEAN IORPOD r (CITY CLERK Carried Unanimously R.T. (TED) SALC, MAYOR