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2010/05/10FACS Niagara Falls 1812 Task Force Background SEVENTH MEETING IN CAMERA MEETING Council met on Monday, May 10, 2010 at 6:00 p.m. in an In Camera Session. All members of Council were present. Councillor Kerrio presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. REGULAR COUNCIL MEETING Council met on Monday, May 10, 2010 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Samantha Antonio sang the national anthem. Councillor Diodati offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the minutes of April 26, 2010 be approved as printed. DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS /PRESENTATIONS PLANNING MATTERS Committee Room 2 May 10, 2010 Carried Unanimously Councillor Wing indicated a conflict to reports PD- 2010 -36, CD- 2010 -04 and By -law 2010 -67, as it involves her husband's employer. Ann Godfrey, FACS' Director of Development and Public Relations was present and introduced Chris Steven, FACS' Executive Director who made a presentation informing Council of the valuable community programs available in the community as well as the new family centre addition located in Niagara Falls behind the Niagara Square. Mr. Steven thanked Council, the community and the many volunteers for the continued support. Members of the Steering Committee made a brief presentation to Council advising of the grant that was received from the Ministry of Culture earlier last week. An update was also given on the Bi- Centennial task force upcoming events. PD- 2010- 36 -AM- 2010 -005, Zoning By-law Amendment Application, 4955 Clifton Hill. Applicant: 1720679 Ontario Limited ( Carmen Menechella ). Elimination of Parking Requirements for Certain Uses. The Director of Planning and Development reviewed the recommendations and provided the following information. An amendment is requested for a parcel of land at 4955 Clifton Hill to permit: ► additional uses and exempt these additional uses from providing parking, • an increase in floor areas for specific uses; and, ► additional building height for architectural features The property is zoned Tourist Commercial, which limits the range of uses and exempts those uses from providing parking subject to floor area and seating limits. A neighbourhood open house was held on April 8, 2010. No members of the public attended this meeting. Planning Analysis Official Plan 2 May 10, 2010 Council Minutes The land is designated Tourist Commercial in the OP and is part of the Clifton Hill subdistrict which is to function as the commercial- entertainment centre of the Tourist area. Awide range of commercial /entertainment uses are permitted, including restaurants, cafes, nightclubs, museums and other tourist related uses. The requested uses conform with those contemplated by the OP for the area. Zoning The property is zoned Tourist Commercial (TC) which limits the range of uses on the property to a billiard room, exhibit hall, pinball or game machine establishment, restaurant and a theatre or cinema and exempts those uses from providing parking subject to floor area and seating limits. The applicant is requesting a miniature golf course, place of amusement, nightclub be added to the list of permitted uses and to exempt these uses from providing parking. The applicant has requested a nightclub as a site specific use. The OP contemplates that nightclubs will locate in the Clifton Hill subdistrict. The Planning Division is studying the definition of nightclub and appropriate regulations. Currently, nightclubs operate in the tourist core as an `after hours' extension of a restaurant or as a dance hall. This term, while outdated, would provide for this use until the study is complete. The dance hall /nightclub use is to have the same occupancy as the restaurant (330 persons) and should be regulated in the amending by -law. The place of amusement and miniature golf course are entertainment uses anticipated for the area and exist elsewhere on Clifton Hill. The current zoning on the property exempts the site specific uses from providing parking. The parking exemption was based on a parking demand analysis which determined that the uses would require 21 parking spaces. The property enjoyed legal non - conforming status for 41 spaces which were applied as a credit against the 21 spaces, which resulted in a net of zero spaces. The applicant wishes to extend the exemption to the additional uses and larger floor areas. The nightclub /dance hall is to have the same occupancy as the restaurant, therefore, no further parking is required. The applicant submitted an update to the previous parking demand analysis which - May 10, 2010 Council Minutes demonstrates, no additional parking would be required by increasing the floor area occupied by the museum and miniature golf course from 390 sq m (4,198 sq ft) to 500 sq m (5,382 sq ft) and floor area for the pinball or electronic game machine establishment from 900 sq m (9,688 sq ft) to 1,000 sq m (10,764 sq ft) There is no increase in the floor area of the building. The applicant is also requesting an additional height for the purposes of adding architectural features to the facade, including a parapet wall and a ship's mast. The signage shown on the elevation slide would be governed by the City's Sign By -law. As these features are intended to animate the facade, do not constitute occupiable space and do not add to the massing, this request is acceptable. Conclusion The applicant has requested a zoning amendment to permit a miniature golf course, place of amusement and nightclub, increase the floor areas of museums and pinball or electronic game machine establishments and permit increase building height for architectural features. This request can be supported because: • The proposed uses are anticipated by the Official Plan for the Clifton Hill Tourist Subdistrict. • The proposed uses and floor area adjustments do not increase the parking demands on the property and should not create any off -site parking problems; and, ► The requested building height will permit the addition of architectural features that will provide an animated facade. Recommendation That Council approve the Zoning By -law Amendment application to add a miniature golf course and place of amusement as permitted uses on the property, to increase the floor area of museums and pinball or electronic game machine establishments; continue parking exemptions and to permit a building height of 22m (72 ft) to accommodate architectural features, subject to the details in Planning Report PD- 2010 -36. Charlie Burland, Niagara Clifton Motor Inn Ltd, neighbouring property, expressed his two main concerns with the application, the construction disruption and the 22 metre size of the sign which would block his Dairy Queen property. Mr. Burland has since met with the applicant and is satisfied with the project, he believes it will benefit the area. Italia Gilberti, Broderick & Partners, agent for the applicant, thanked staff and Council for their assistance and advised that her client is content wit h the staff report and recommendations. The Public Meeting was Closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerri that the report be approved as recommended. with Councillor Wing declaring a conflict. Motion Carried CD- 2010 -04 - Amendment to the Animal Control By -law. The report recommends: That Council amend schedule E3 of the Animal Control By -law to allow 4955 Clifton Hill ( Dave & Busters) to exhibit exotic animals (fields), conditional updon notification from the applicant that the exotic animals will be displayed. Italia Gilberti, Broderick & Partners, indicated that at the time the request was made, her client's intention was to display a Tiger, since that time this has been changed to display birds only which does not fall under extoic animal by -law but since the request was already made, she asked that the request be left on the table in the event it may change in the future. - 4 - May 10, 2010 Council Minutes ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously with Councillor Wing declaring a conflict PD- 2010 -39 - AM- 2010 -011, Zoning By -law Amendment Application, 5611 North Street. Applicant: Canadian Niagara Hotels Inc. ( Anthony DiCienzo). Permit an Exibition as a Temporary Use. The Director of Planning and Development reviewed the recommendations and provided the following information. Background A zoning amendment is requested for a parcel of land at 5611 North Street to permit an exhibition as a temporary use for a period not exceeding 3 years. The property is presently zoned General Industrial which does not permit an exhibition. The applicant is requesting an exhibition be added as a permitted use for a period not exceeding three years. "Bodies The Exhibition" will occur this summer. Planning Analysis Official Plan The land is designated Tourist Commercial in the OP and is part of the Clifton Hill subdistrict. The subdistrict is to function as the commercial - entertainment centre for the Tourist area. A wide range of attractions and other tourist establishments are anticipated including exhibitions (museums) The proposed museum /exhibition is a use contemplated by the OP for this area and will be complementary to other tourist commercial uses in this Subdistrict. The requested temporary use complies with the Official Plan. Zoning The GI zoning of the property permits a wide range of industrial uses. The property is currently being used for light industrial uses such as warehousing and outdoor storage of building materials. It would be preferable to rezone the entire parcel Tourist Commercial to implement the OP and permit the museum /exhibition, however, the applicant wants to continue with some of the industrial uses on the property. This will necessitate a more comprehensive land use review to determine an appropriate zone to permit the current uses. In the interim, the applicant wishes to immediately proceed with the museum /exhibition and have it opened in time for the tourist season. The proposed exhibition under the term museum does not conflict with these other uses. Should the property be rezoned Tourist Commercial in accordance with its designation in the future, the museum will be permitted, as -of- right. There will be no alterations to the building as a result of this use. Approximately 27 parking - 5 - May 10, 2010 Council Minutes spaces will be required, which is not an increase over the parking required for the former warehouse and office use. Conclusion The applicant has requested a zoning amendment to permit an exhibition on a temporary basis for a period of three years. This request can be supported because: • A museum is a use contemplated to be located on this land by the Official Plan and will be complimentary to other tourist commercial uses located in the Clifton Hill Tourist Subdistrict; and, ► The use can be accommodated within the existing building. A future amendment will zone the land to fully reflect the Tourist Commercial designation of the property and will determine any further appropriate uses for the property. Recommendation That Council approve the Zoning By -law Amendment application to permit a museum (exhibition) in the existing building on a temporary basis for a period not exceeding three years. Anthony DiCienzo, Canadian Niagara Hotels, was in agreement with the staff report and recommendation. Mr. DiCienzo provided some background info about the exhibit, a first class attraction with world wide recognition. Martin Stephanac, 5540 North Street, expressed concern with the traffic congestion and dust from the unfinished road. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously PD- 2010 -37 - 26CD -11- 2010 -01, Draft Plan of Vacant Land Condominium. 8891 and 8931 Forestview Boulevard. Owner: Windyland Development Inc. Agent: Chris Millar, Upper Canada Consulting. Proposed 107 Vacant Land Units for Townhouse Dwellings. The Director of Planning and Development reviewed the recommendations and provided the following information. Background Applicant proposes to register a Vacant Land Condominium over the 2.9 ha (7.2 ac) site to create vacant lots for the future construction of 107 townhouse units. Plan of condominium subdivision will permit the individual ownership of each unit in the development with the private driveway, visitor parking and some landscaped areas shared by the condominium corporation. The townhouse blocks were previously approved through plan of subdivision and the zoning is in place for the multi - family development. The stormwater pond was part of the original subdivision plan. The chainlink fence was installed to City standards in accordance with the subdivision agreement. Council deferred the decision on the application to allow staff to investigate concerns about fencing around the condominium development, in particular, next to the stormwater pond. Analysis - 6 - May 10, 2010 Council Minutes Typically, wood fences are installed around multiple unit developments to buffer single detached dwellings. A 1.8 m (6ft) board fence is proposed along the north and east sides to buffer the future dwellings. Awood fence was not proposed in this location as no detached dwellings are located along this side. None of the townhouse units back onto the rear yard of the Bongers. Fencing will be implemented through the condominium agreement. Condition 4 has been amended to require fencing on landscape plans. The stormwater pond will be assumed as a municipal facility in the future. The chain link fencing around the stormwater pond has been installed in accordance with municipal requirements. Openess of the fence provides visibility and surveillance from adjacent lands and meets CPTED principles. Chain link is more easily maintained and less susceptible to deterioration or vandalism. Open space adjacent to the pond is not a playground but a passive landscaped open space area serving the residents of the development Views to the pond and naturalized areas are considered to be amenities which are desired by residents of the housing units. Conclusion The land use was previously approved for this property. The vacant land condominium will allow individual ownership of units in a development already approved for the lands. The chain link fence on the west side, encloses the storm water pond to municipal standards. Privacy issues are not a concern on the west side, a wood fence would impair surveillance opportunities and is redundant. Condition 4 of the draft plan approval has been amended to require fence details on the landscape plans. The application can be supported subject to conditions attached to the report. Recommendation That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix 1 of report PD- 2010 -37. NO. 12 - KERRIO - IOANNONI - THEREFORE BE IT RESOLVED that Council permit the interested residents an opportunity ti speak, should they wish. Carried Unanimously Rick Mino, R R # 1, 6101 Garner Road, Niagara Falls, indicated that he would like to see a fence put up and if possible for it to be installed before the construction begins. - 7 - May 10, 2010 Council Minutes Chris Millar, Upper Canada Consulting, supported the staff report and the chain link fencing. He asked Council to consider that this development is the main entrance at Garner Road, the developer is concerned about possible graffitti on the board fence as opposed to the chain link. Mr. Millar reiterated that the property has a premium view and a board fence would not be beneficial and may impact the selling feature of the property. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved with an amendment to include board fencing. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci advised of some recent events: Niagara Sports Foundation Awards Ceremony took place on May 1S 2010; the Niagara Falls Schools in Bloom Competition 's kick -off was this past week; congratulations to the Regional Municipality of Niagara who celebrated their 40 Anniversary; Saturday was the Community Clean Sweep and a historic date in Niagara Fall took place earlier this month, the final skate at the Niagara Falls Memorial Arena. Mayor Salci advised of some upcoming events: Lion's Club of Stamford is hosting a " Tourette Syndrome Fundraiser Dinner Dance" will be held May 15 2010; GO Train Public Information meeting will be held at the MacBain Centre on Monday, May 17 at 6:OOp.m.; Mayor's Youth Advisory Committee will hold their first event, May 20 " School -a Palooza" at Oakes Park at 3:00 p.m. On behalf of Council, condolences were extended to Tony DiGiacomo and his family on the passing of his mother. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. CNIB - Request that May 27, 2010 be declared as "CNIB Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the communication be approved. Carried Unanimously 2. Ontario March of Dimes - Request that the week of May 30 - June 5, 2010 be proclaimed as " National Access Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the communication be approved. Carried Unanimously 3. Main & Ferry BIA - 2010 Budget and Revised Board of Directors list. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that the communication be approved 4. Mick & Angelo's Prehistoric Oldtimer's Hockey Club - re: Ice hour costs RECOMMENDATION: Refer to Staff for a report. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication be referred to staff. Carried Unanimously RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Community Services Committee, on May 10, 2010 be approved. Carried Unanimously 1) The minutes of the April 26, 2010 meeting be approved. 2) REPORTS: a) F- 2010 -31 Boys & Girls Club Request 1) That Council fund the City's portion of Development Charges. 2) That the City's contribution of $2,159,000 towards the Boys and Girls Club's new facility be debentured in 2010. 3) That Council direct staff to register a lien on the property for the City's contribution to the facility and that the length be negotiated between parties. b) F- 2010 -30 Debentures Report 8 May 10, 2010 Council Minutes REPORTS That the Council request the Region of Niagara to issue debentures on behalf of the City of Niagara Falls totaling $3,955,891. c) F- 2010 -27 Quarterly Financial Report - as of March 31, 2010 1. That Council receive the report for information purposes; 2. That Council make adjustments to the 2010 General Purposes Budget for spending decisions made after approval of budget. d) F- 2010 -28 Financial Policies - Capital Asset Policies That Council approve the Capital Asset Policy as attached. e) PD- 2010 -38 Request to Waive Fees for Outdoor Cafes within Downtown CIP 1. That staff investigate an appropriate rate per square metre to be charged for Sidewalk Cafes and report back to Committee and Council prior to 2011. 2. That the application fee of $500.00 become a one time fee. 3. That due to the disruption of infrastructure and road work along Queen Street this year, that the annual charge for sidewalk cafes be waived for 2010. 4. That a permit system be implemented for sidewalk cafes and that Council delegate authority to staff to issue permits. f) HR- 2010 -06 Workplace Violence & Harassment Prevention That Council approve the new Workplace Violence Prevention Policy & Program and, the Respect in the Workplace (Harassment Prevention Policy). 9 May 10, 2010 Council Minutes g) TS- 2010 -27 On- Street Parking Space, Removal in Front of Former Capri 1) That five existing on- street pay parking meter spaces adjacent 5438 and 5420 Ferry Street be eliminated. 2) Signage be installed reflecting "no parking" within the zone where the pay spaces were eliminated. 3) The owner of 5438 Ferry Street is to compensate the city in the amount of $2,980.00 for lost revenue, signing modifications, pavement marking obliteration and parking machine removal. h) TS- 2010 -28 Niagara Falls Community Health Centre, 15- minute Parking Meter That Council approve the installation of two (2) fifteen minute parking meters in front of 4481 Queen Street the Niagara Falls Community Health Centre for the purpose of patient pick up and drop off accessibility. 3) NEW BUSINESS: That the Springlicious temporary signage be permitted on City property. The report recommends: 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, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW- 2010 -17 - Tender TR07 -2010 for the Landscape Development of the Millennium Trail 4 (Portage Road at Morrison Street to Thorold Stone Road at Stanley Avenue). 1. That Tender TR07 -2010 be awarded to Touchstone Site Contractors Inc. ( St. Catharines) for the tendered price of $ 303,115.00 excluding GST. 2. That the Mayor and City Clerk be authorized to execute all necessary legal agreements and licence documents. MW- 2010 -26 - Consultant Appointment Dunn Street Storm Sewer Separation Stanley Avenue to Ailanthus Avenue. The report recommends: 1. That the Upper Canada Consultants be directly appointed to complete the engineering design and tender documents for the construction of storm sewers on Dunn Street for an upset fee limit of $ 26,000.00. 2. That the Mayor and Clerk be authorized to execute the necessary Consultant Services Agreement. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the reports on the Consent Agenda be approved as recommended. Carried Unanimously - 10 - May 10, 2010 Council Minutes RESOLUTIONS NO. 12 - FISHER - MAVES - THEREFORE BE IT RESOLVED the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. 2010 -66 A by -law to amend By -law No. 79 -200, to recognize the existing dwelling on the Lands and permit its conversion into two dwelling units. (AM- 2009 -028) 2010 -67 A by -law to amend By -law No. 79 -200, to permit the erection of buildings and structures on the Lands for the purpose of a billiard or pool room, exhibition hall, pinball or electronic game machine establishment, restaurant, theatre or cinema, miniature golf course, place of amusement and a nightclub and to repeal By -law No. 2008 -207. (AM- 2010 -005) 2010 -68 A by -law to amend By -law No. 79 -200, to permit a museum on the Lands on a temporary basis in addition to the uses permitted in a GI zone. (AM -2010- 011) 2010 -69 A by -law to authorize the execution of a Licence Agreement with Ontario Hydro Generation Inc., respecting the use of a portion of Hydro Lands, for the purpose of constructing and maintaining the next phase of the Millennium Trail. 2010 -70 A by -law to amend By -law 2002 -129, the Animal Control By -law. 2010 -71 2010 -72 A by -law to authorize the execution of an Amending Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10 day of May, 2010. 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 Carried Unanimously Carried Unanimously Pending Item List - 11 - May 10, 2010 Council Minutes ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that staff provide a pending item list for Council. i DEAN IORFIDAI, CITY CLERK NEW BUSINESS ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the meeting be adjourned at 8:35 p.m. Carried Unanimously Carried Unanimously R.T. (TED) SALCI, MAYOR