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2011/02/14 THIRD MEETING REGULAR COUNCIL MEETING February 14, 2011 Council met on Monday, February 14, 2011 at 4:30 p.m. in Committee of the Whole in Committee Room #2. An In Camera session commenced following the Committee of the Whole meeting. The Council did not rise and report from the February 14` In Camera session but did rise and report for ratification of items considered on January 31, 2011. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:30 p.m.. All members of Council were present. Councillor Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the minutes of January 17, 2011 be approved as printed. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor Pietrangelo indicated an indirect pecuniary interest to PD- 2011 -12 and PD- 2011 -13, property owned by his parents and an adjacent property. Councillor Morocco indicated a pecuniary interest to cheque no. 343409, made payable to her spouse. Councillor loannoni indicated a pecuniary interest on the motion supporting the increase in the Federal Tax credit for volunteer firefighters. Mayor Diodati indicated a pecuniary interest to cheque no. 343674, made payable to himself. * * * ** DEPUTATIONS/ PRESENTATIONS Pathstone Mental Health Ellis Katsof, Executive Director of the former Niagara Child and Youth Services advised Council of the January 26 2011 launch of the organization's name change to Pathstone Mental Heath. Mr. Katsof discussed the importance of reducing the stigma related to mental health and informed Council of the 2010 -2013 strategic plan for Pathstone Mental Health. A 2 Annual Hope Award Evening will be held in June. * * * ** - 2 - February 14, 2011 Council Minutes PLANNING MATTERS PD- 2011 -11 - AM -2011 -001, Zoning By -law Amendment Application. 5547 -5559 Portage Road and Part of 5895 North Street. Applicant: B & A Rental Properties Inc. Agent: Richard Brady. Proposed 3 Storey Commercial Building The Director of Planning and Development reviewed the recommendations and provided the following information. Proposal 0.25 ha (0.63 ac) known as 5547 & 5559 Portage Rd and part of 5895 North St Zoned Residential Apartment 5B Density (R5B) in part, Neighbourhood Commercial (NC) in part and Institutional (I) in part. Rezoning to a site specific General Commercial (GC) zone. In December 2010, Council considered and refused a zoning amendment by the applicant to permit a 5- storey medical building with the same range of uses Neighbourhood Open House Meeting Open House meeting was held on January 27, 2011, attended by 4 residents. Residents noted they preferred the proposed 3- storey building as opposed to the previous 5- storey proposal. Residents had questions regarding the architecture of the building; snow clearing; fencing; landscaping and lighting. They were advised that these issues would be dealt with at the Site Plan Review stage. The owners were open to discussing the site plan details with the residents. Concern was expressed about a possible methadone clinic locating within the building. The owner assured the residents that there would not be a methadone clinic within the building and that he would have his own medical practice within the building. Proponent submitted a 400 name petition in support of the medical building. Planning Analysis Official Plan Designated Residential and Special Policy Area 1 Special Policy Area 1 allows uses that are compatible with or ancillary to the Greater Niagara General Hospital. New development is to be designed and integrated to achieve compatibility with surrounding uses in terms of density, height gradation, building mass, setbacks and appearance. Proposed building will contain mainly medical offices. A portion of the building will be used for a small pharmacy outlet and coffee bar which is intended to be ancillary to the main medical office use. Zoning Requested site specific General Commercial (GC) zone. The height of the proposed building is slightly taller than what is currently permitted (12 metres versus 10 metres). The minor increase in height can be mitigated by providing additional side yard setbacks. - 3 - February 14, 2011 Council Minutes The following are recommended standards to be included in the by -law: ► minimum side yard width of 4.5 m; ► 6 m front yard setback from Portage Rd. ► 3 m wide landscape strip along the front lot line (except the driveway); ► 1.5 m wide landscape strip along the lot lines that abut residential dwellings; ► board -on -board fence with a minimum height of 1.8 m. ► loading space can be reduced to 6 m in length. These recommended standards will require some redesign of the building and parking area. Site Plan Site plan control will address such items as lot grading, drainage, servicing, measures to buffer adjacent properties, including fencing and tree planting and ensuring lighting does not impact on surrounding properties. The applicant has indicated that parking control gates may be installed at the entrance off Portage Road. CITY'S STRATEGIC PRIORITIES Approval of this application will satisfy Council's strategic priorities of intensifying medical services in close proximity to the hospital, attracting physicians to the City to better serve area residents and take advantage of existing infrastructure capacities. Conclusion The applicant has requested a zoning amendment to permit the property to be developed with a 3- storey building containing medical offices, ancillary retail and a coffee shop. The proposal can be supported as follows: ► Proposed building height is not out of character for the area; ► Recommended setbacks and landscaping will minimize impacts on the surrounding properties; and, ► The addition of this facility will enhance medical services in close proximity to the Greater Niagara General Hospital. Recommendation That Council approve the application to rezone the lands a site specific General Commercial (GC) zone to permit a 3- storey medical building with a limited range of uses, subject to the standards recommended in the staff report. Rob Moreau, 5910 Prospect Street, although the application has reduced the number of storeys, he is still not in support of this application as the building is now moved closer to his property. Andrew Bynkoski, 5904 Prospect Street, has his property backing onto the proposed area, he doesn't feel the proposed changes will help his issues of privacy. Bill French, 5928 Prospect Street, expressed his concerns with the parking lot facing his backyard. Mr. French was concerned of the high volume of cars that will access the parking lot. - 4 - February 14, 2011 Council Minutes Jim McBurney, 5525 & 5533 Prospect Street, expressed concerns with the previous application's appeal to the OMB, the loss of his privacy, lack of green space, fencing of the property and the hours of operation for the clinic. Jeff Aird, 3446 Notre Dame Court, was in favor of this proposal, as a medical practitioner, he believes it is the ideal location and makes sense to have all the services centralized near the hospital. Rick Brady, Planner, provided Council with an update on the proposed changes to the development to a 3- storey building. Mr. Brady asked for Council's consideration of this application and assured Council that his applicant would not proceed with the OMB appeal of the 5- storey building if granted approval for this application. The applicant also was present and distributed a petition with approximately 30 signatures from Doctors in favor of the application. Mr. Brady outlined the proposed fencing and landscaping. Dr. Bartel Le Roux, one of the proponents, indicated that the facility would specialize in orthopaedics and attract people from throughout the Region. He also pointed out that the nearby professional building is six storeys. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the report be approved, as recommended, and that the amending by -law not be approved until the current OMB appeal has been withdrawn by the applicant. Carried Unanimously PD- 2011 -09 - AM- 2011 -024, Zoning By -law Amendment Application. 5043 Centre Street. Applicant: Ann Louise De Giorgio. Elimination of Parking Requirements for Certain Uses. The Director of Planning and Development reviewed the recommendations and provided the following information. Proposal 701 sq m (7545 sq ft) of land known as 5043 Centre Street The proposal involves the redevelopment of a property containing an older home, formerly used as a restaurant. The older home is intended to be demolished and replaced with a new building to be used as a 140 seat restaurant. Applicant is requesting the following: ► An exemption from requiring the provision of parking; ► An allowance for a required loading space to be 6 m in length rather than 9 m; ► A required exterior side yard setback to be established at the limits of Ellen Avenue after the road widening that is needed. Neighbourhood Open House Meeting ► Held on January 11, 2011 ► No members of the public attended the meeting to hear about the proposal of express comments. Circulations Comments Transportation Services Support this proposal based on the recommended parking rates as per the Tourist Area Parking Demand Study with the shortfall of parking met through cash -in -lieu of parking contributions. A 1.5 metre road widening is required along the length of Ellen Avenue. - 5 - February 14, 2011 Council Minutes A 5 m X 5 m daylight triangle at the corner of Ellen Avenue and Centre Street. LANDSCAPE ARCHITECT Cash -in -lieu of parkland dedication (2 %) is required. Planning Analysis Official Plan Subject lands are designated Tourist Commercial (TC) in the Official Plan and are part of the Clifton Hill Tourist Subdistrict. Lands in this district are intended to be used for a wide variety of tourist related uses. The Official Plan provides for reductions in parking requirements for individual uses, as determined by a comprehensive review. A Tourist Area Parking Demand Study was completed last year. A staff report on the study was deferred by Council to allow further consultation with the public and tourist operators. This comprehensive study recommends that parking requirements for individual restaurants be significantly reduced, but not eliminated. Although the study has not yet been endorsed by Council, the findings still serve as an indication of the need for parking and the more lenient provisions of the study (1 parking space per 10 seats) have been applied in the analysis of this application. Zoning The applicant has requested the requirement to `not provide parking' . Exemptions from parking were granted by Council for Antica Pizza (Victoria Avenue) and the plaza at 5930 -5936 Victoria Avenue in 2010, without the requirement of payment of cash -in -lieu of parking. The Parking Demand Study recommended reductions in parking ratios for many of the uses within the tourist core, including restaurants. This study was consistent with the OP which provides that parking reductions are to be determined as a result of a comprehensive study. Current zoning standards would require a total of 28 spaces for the proposed restaurant. The Tourist Area Parking Demand Study recommends a standard of 1 parking space per 10 seats in a restaurant. Based on the recommended standard, a total of 14 parking spaces would be required for the restaurant. The site plan shows that 6 spaces can be provided on the property, however, 1 space would be lost due to road widening and 1 space for a loading area. Staff is recommending the parking standard from the Tourist Area Parking Demand Study be used and the shortfall of 10 spaces be addressed through a payment of cash -in -lieu of parking. Section 40 of the Planning Act allows for an opportunity for relief from a parking requirement of a municipal by -law, in the form of cash -in -lieu agreement. Cash -in -lieu of parking has been used for other properties in this area that cannot provide the required parking for uses on the property. Although not requiring cash -in -lieu for this property may seem insignificant, waiving cash - in -lieu requirements will compromise funding when the municipality is required to construct additional parking in the future. - 6 - February 14, 2011 Council Minutes Staff has no concerns with the other site specific standards sought by the applicant. The applicant proposes a loading area 6 m in length whereas 9 m is required; and, Minimum setback from the original centreline of Ellen Avenue be reduced from 10 m to 7.62 m. City's Strategic Priorities The redevelopment of the subject property represents a positive redevelopment that is supported from a land use planning perspective. The redevelopment will satisfy Council's strategic priority by providing infill development within the tourist core that utilizes existing infrastructure capacity. Adherence to the cash -in -lieu parking policy is in keeping with the strategic priority of Convenient, Accessible and Sustainable Transportation which indicates that the municipality continue the parking operations based on a user -pay philosophy. Conclusion The applicant has requested a zoning amendment to be exempted from required parking. Staff can support the reduction in parking based on the following: Recommendation That Council approve the request to eliminate required parking, contingent upon the parking shortfall of 10 parking spaces being made up through a payment of cash -in -lieu of parking. This recommendation can be implemented over a 5 year period. Italia Gilberti, Broderick & Partners, on behalf of the applicant, advised Council of similar properties in the area that have been granted parking exemptions. Ms. Gilberti requested that Council consider her client's request to allow 6 metres for the loading space, rather than 9 metres. Also, that the minimum setback from Ellen Avenue be reduced from 10 metres to 7.62 metres. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved eliminating the cash -in -lieu of parking and the loading space and setback minimums be adjusted to 9 metres and 7.62 metres, respectively. Carried Unanimously PD- 2011 -10 - AM- 2011 -023, Zoning By -law Amendment Application. 6501 Dunn Street. Applicant: Carmine Spadafora. Proposed Semi - Detached Dwelling The Director of Planning and Development reviewed the recommendations and provided the following information. Background Proposal 800 square metre (8609 sq ft) parcel of land known as 6501 Dunn Street The applicant is requesting the rezoning of the property to Residential Single Family and Two Family (R2) zone which permits semi - detached dwellings. The current Residential Single Family 1C Density (R1 C) zoning of the property only permits single detached dwellings. Site specific provisions are requested as follows: ► Reducing the required lot frontage from 18 m to 16.6 m; - 7 - February 14, 2011 Council Minutes ► Reducing the side yard setback for a 2 storey dwelling ► from 1.8mto1.2m; ► Establishing a front yard setback of 9 m; Circulation Comments No objections were received from any agency. A letter was received from surrounding neighbours. Concerns raised included traffic, servicing, flood potential; and a former well located in the area. Municipal Works will require a grading plan at the building permit stage to address drainage concerns. Municipal Works advise that no sewage backup problems have occurred in this location. The Ministry of the Environment reports they have no record of a well on the property. NEIGHBOURHOOD OPEN HOUSE Held on January 5, 2011. No neighbours were in attendance to hear about the proposal or ask any questions. Planning Analysis Provincial Policy Statement The proposed semi - detached dwelling is a form of residential intensification promoted by the Province. Official Plan The property is designated Residential in the Official Plan which permits a range of housing types. The proposed semi - detached dwelling complies with the OP as follows: ► The dwelling is a low density form of housing that is promoted by the OP. ► The property is located on a collector road where intensification is promoted. The proposed semi - detached dwelling represents a modest form of residential intensification. ► The proposed dwelling is compatible with the neighbourhood in terms of massing, setbacks and appearance. The dwelling is generally consistent with surrounding properties in terms of building height, front yard setback, coverage and landscaping. ► Municipal services and surrounding roads can support the proposed semi - detached dwelling. Zoning R2 zoning permits single detached and semi - detached dwellings. Proposed dwelling meets R2 standards in terms of building height and coverage. Requests: ► A reduction to the minimum lot frontage requirement from 18 m. to 16.6 m.; ► Proposed to construct the dwelling within 9 m of the front lot line; ► Side yard setback for a 2 storey dwelling be reduced from 1.8 m to 1.2 m. ► Planning Staff recommend that the side yard width be kept at 1.8m for the 2 storey portion of the dwelling CITY'S STRATEGIC PRIORITIES Application will satisfy Council's strategic priority of providing residential intensification and permitting infill development that takes advantage of existing infrastructure capacities. - 8 - February 14, 2011 Council Minutes Conclusion The zoning amendment to permit a semi - detached dwelling can be supported as follows: ► The proposal represents a modest intensification of use as supported by Provincial policies; and, ► The dwelling is supported by the Official Plan as it is a form of low density housing that is compatible with surrounding development. Recommendation That Council approve the application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to permit the construction of a semi - detached dwelling, subject to the regulations addressed in the staff report. Margaret Julian, 6511 Dunn Street, speaking on behalf of her mother, expressed concern with the garages on the property. She believes they are close to the road and wondered if they could be pushed further back, as there is plenty of room in the rear of the property. Svetlana Dianova, 6491 Dunn Street, is concerned about the size, location and drainage of the proposed neighbouring semi detached dwelling in relation to her historical house. Camine Spadafora, 6501 Dunn Street, requested that the side yard setback for the proposed 2 storey dwelling be reduced from 1.8 metres to 1.2 metres. The Public Meeting was Closed. ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that the report be approved with the side yard setbacks remaining at 1.8 metres. Carried Unanimously MISCELLANEOUS PLANNING MATTERS 1. PD- 2011 -12 -Chief Administrative Officer - Appeal of the Committee of Adjustment Decisions Consent Application B- 2010 -021, Minor Variance A- 2010 -045. 8034 Biggar Road. Applicant: Samuel Navarroli, (Agent: Brian Sinclair) The report recommends that Council authorize staff to continue with the appeal to the Ontario Municipal Board regarding the Committee of Adjustment's decision to grant Consent Application B- 2010 -021 and Minor Variance Application A- 2010 -045. 2. PD- 2011 -13 - Chief Administrative Officer - Appeal of the Committee of Adjustment Decision Consent Application B- 2010 -023. 7999 Carl Road. Applicant: Danielle & Victor Pietrangelo (Agent: Brian Sinclair) The report recommends that Council authorize staff to continue with the appeal to the Ontario Municipal Board regarding the Committee of Adjustment's decision to grant Consent Application B- 2010 -023. Brian Sinclair, agent the applicants, asked for Council's support in withdrawing the appeal to the Ontario Municipal Board and request that the City recommend to Regional Council that the Region also withdraw its appeal. ORDERED on the motion of Councillor Thomson, seconded by Councillot Morocco that the recommendation reports be denied with staff being directed to withdraw the appeals to the Ontario Municipal Board for 8034 Biggar Road and 7999 Carl Road and encourage the Region to withdraw their appeals. Motion Carried - 9 - February 14, 2011 Council Minutes with Councillor Wing opposed and Councillor Pietrangelo declaring a conflict. * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to the family of Mary Lou Clark, a retired Niagara Falls Transit employee, who recently passed away. Mayor Diodati advised of some recent events: Southern Tier Mayor's meeting, the Regional Council meeting where the Council approved an investigation of the Niagara Health System, 24 -3, the Women's Place Strike Out Violence Bowling Tournament and Wilma Morrison receiving the Order of Ontario. Mayor Diodati advised of some upcoming events: the Public Meeting on Fire services in Chippawa at F. J. Rutland School. The Mayor advised that the Snow Buddies program is looking for volunteers. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that Council support the initiative that the Federal Tax Credit for Volunteer Fire Fighters be increased to up to $3000. Carried Unanimously with Councillor loannoni declaring a conflict. * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. KNOW it ALL Niagara - Requesting Council provide a grant equal to the amount of the cost fo the business licence they required for a recent event. Recommendation: That the request be denied. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that Council reimburse the organization the $150.00 licencing fee. Motion Carried with Councillors Morocco, loannoni and Wing opposed. * * * ** REPORTS 2011 Budget ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that the Budget presentation be deferred to the next Council meeting. Carried Unanimously RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the actions taken in the Committee of the Whole Committee, on February 14, 2011 be approved. 1) The Committee of the Whole minutes of the January 17 and 31, 2011 be approved 2) REPORTS: a) MW- 2011 -09 Front End Bin Collection for Multi- residential Buildings That staff be directed to confirm its agreement with the Region of Niagara's recommendation to extend the front end bin collection service to eligible multi - residential properties properties in the City of Niagara Falls for one year period effective March 1, 2011 in accordance with the proposal from Modern Landfill Inc. - 10 - February 14, 2011 Council Minutes b) TS- 2011 -11 Portage Road - Speed Control Review That two (2) speed humps be installed on Portage Road between Mayfair Drive and Stamford Green Drive. c) TS- 2011 -12 Transit Routing Ad -hoc Advisory Committee That Council Approve the establishment of a Transit Routing Ad -hoc Advisory Committee for the purpose of developing a comprehensive Routing and Scheduling Implementation Plan. RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the recommendations from the " In Camera" meeting from January 31, 2011 be approved. CAO- 2011 -01 Fire Department Staffing 1. That there be continued support from Station 2 on initial alarm responses to high risk occupancies 24 hours per day; 2. That the Volunteer service level, within the Village of Chippawa and other volunteer districts, be discussed with those affected residents and other stakeholders, at a public meeting; 3. That the City immediately undertake a Station Location Study with a qualified consultant (estimated cost $50,000); 4. That an active recruitment for additional volunteers in all areas and, in particular, the Station 4 area be carried out to increase the volunteer complement and assist in response time; 5. That a new Training Officer be hired to initially concentrate on volunteer training needs at Stations 4, 5 and 6; 6. That a further review of the situation be carried out within six to eight months, pending the completion of the Master Fire Plan and the Station Location Study; 7. That, in the interim, should the situation continue to deteriorate, the Fire Chief report back to Council in a timely manner; 8. That any decision to hire additional full -time suppression personnel be deferred until such time as the Master Fire Plan and the Station Location Study are complete, and Council has had an opportunity to consider these reports. Motion Carried with Councillors loannoni, Morocco and Gates opposed. * * * ** - 11 - February 14, 2011 Council Minutes 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. F- 2011 -07 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $15,025,465.05 for the period December 30, 2010 to January 26, 2011. R &C- 2011 -04 - Licence Agreement between The Niagara Parks Commission and the City of Niagara Falls For the Use of the Willoughby Historical Museum. The report recommends that the following get approved: 1. That the City enter into a Licence Agreement with The Niagara Parks Commission ( "NPC ") with respect to the licence for the use of the Willoughby Historical Museum, located at 9935 Niagara Parkway, Niagara Falls ( "premises "); 2. That the Mayor and Clerk be authorized to execute such Licence Agreement. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the reports be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be given a first reading. Carried Unanimously 2011 -18 A by -law to adopt a mark, symbol or design for the City of Niagara Falls "iride niagarafallstransit the way to go!" logo for The Corporation of the City of Niagara Falls. 2011 -19 A by -law to designate Lots 23, 24 and 25 and Part of Lots 21 and 22, Plan 996 to be deemed not to be within a registered plan of subdivision. (DB- 2010 -006) 2011 -20 A by -law to designate Lots 10, 11, 25 and 26, Plan 306 to be deemed not to be within a registered plan of subdivision. (DB- 2010 -006) 2011 -21 A by -law to amend By -law No. 79 -200, to permit the Lands to be used for a retirement home and off -site parking and to repeal By -law No. 90- 81.(AM- 2010 -02) 2011 -22 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. 2011 -23 A by -law to authorize the execution of a License Agreement with the Niagara Parks Commission for the nonexclusive use of the Willoughby Historical Museum, located at 9935 Niagara Parkway, Niagara Falls, Ontario. 2011 -24 A by -law to authorize the payment of $15,025,465.05 for General Purposes. 2011 -25 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of February, 2011. - 12 - February 14, 2011 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be read a second and third time and passed. Carried Unanimously * * * ** NEW BUSINESS Cash -in -lieu Policy ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that staff review the City's cash -in -lieu parking requirement policy and report back to Council. Carried Unanimously Private Members Bills C618 & C621 ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council send a resolution to the Federal Government in support of Bill C618, a bill prohibiting the sale and importing of products from dogs & cats and C621, a bill amending the Federal Broadcasting Act to ensure the volume of commercials remain consistent with the volume of the broadcast; and that the resolutions be forwarded to the Federation of Canadian Municipalities (FCM) * * * ** Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 9:15 p.m. Carried Unanimously r r-\ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR