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05/12/2015 NINTH MEETING REGULAR COUNCIL MEETING May 12, 2015 Council met on Tuesday, May 12, 2015 at 5:05 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Council had a moment of reflection and then Rita Carey sang the National Anthem. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Craitor, seconded by Councillor Morocco, that the minutes of the April 28th meeting be approved, as printed. DISCLOSURES OF PECUNIARY INTEREST No Disclosures * * * * * CD-2015-06 — Opening Prayer The report recommends that Council cease with the Opening Prayer/Invocation on the agenda. ORDERDED on the motion of Councilor Craitor, seconded by Councillor Strange that the report be approved and that moving forward the Council agenda incorporate a moment of reflection, the singing of the national anthem and possibly some opening words of inspiration, without any religious denominational content. Carried Unanimously * * * * * BUDGET MATTERS Councillor Pietrangelo chaired the Budget meeting. Winter Festival of Lights Brian Crow, Chair and Tina Myers, Program Director, of the Winter Festival of Lights program addressed Council on a 3D Projection mapping project for the Festival's 2015- 2016 season, with a financial request to the City. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be referred to staff for a report for the next Council meeting. Carried Unanimously F-2015-21- OLG Reserve Update The report recommends the following: 1) That Council amend the 2015 Capital Budget to include the proposed projects totaling $4,177,015 identified in this report and use funding from the OLG Municipality Contribution Agreement Reserve. 2) That Council amend the Capital Budget to include Coronation Centre Kitchen Replacement and fund that from funds designated for that use. Council Minutes May 12, 2015 ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the report be approved, as recommended. Carried Unanimously Councillor Pietrangelo stepped down as Chair. REPORTS FS-2015-02 — Open Fire Burning The report recommends that Council maintains the existing provisions of the Open Air Burning By-law. Al Oleksuik was in favour of the third proposal in the report, which contemplates controlled open air fires. The main objectives of the by-law would remain in place but provisions could be incorporated that would be similar to the exemption currently enjoyed by campgrounds. He argued that there was not an environmental threat associated with recreational fires. Barbara Carr suffers from COPD. Allowing greater opportunities for recreational fires will increase health risks. In the urban area, fires pose dangers and effects on laundry and property. Mila Samac, on behalf of her mother, is opposed to any changes. Her elderly mother lives near residents who flaunt the by-law and have regular fires but she does not want to formally complain. ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the matter be referred back to staff for further investigation, including the possibility of a permit system. ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the report be referred back to staff to come back with more options. Carried Unanimously * * * * * PRESENTATIONS/DEPUTATIONS Kristen French Child Advocacy Centre Niagara Marlene Derose, of the Kristen French Child Advocacy Centre Board, advised Council of the organization's activities and how the centre is the first of its' kind. She advised Council on opportunities to support the centre. * * * * * 2 Council Minutes May 12, 2015 PLANNING MATTERS Public Meeting PBD-2015-17, AM-2015-002, Zoning By-law Amendment Application, 3463-3551 and 3517-3525 Portage Road. Applicant: CMN Inc. (Mario Carusella). Agent: Michael Allen, ACK Architects. Proposal: Parking Reduction and Shopping Centre Expansion. Background Applicant has requested a Zoning By-law amendment for the Stamford Green Plaza site specifically for parking and aisle width standards. If approved, the proposed standards will facilitate the construction of a 334 sq m building on the lands. Applicant is also requesting relief from loading space requirements for the new building. Neighbourhood Open House Held on March 9, 2015 Neighbouring property owner was in attendance and had the following concerns: • a lack of landscaping along Portage Rd and • safety concerns about the driveway onto O'Neil St. near the intersection with Portage Rd. • Questioned findings of the Parking analysis. Planning Analysis Official Plan Lands designated Major Commercial and part of Stamford Retail District. Intention is to provide a full range of retail uses and other commercial uses to meet the weekly shopping requirements of residents. Proposed expansion of the plaza supports this function and will add additional facilities to serve residents. Zoning By-law Lands zoned General Commercial (GC) Applicant is requesting site specific regulations to be applied to the lands to reduce the parking requirements for the plaza to 147 spaces which represents a 55% reduction. Applicant is also requesting aisle widths be reduced from 6.9 m to 6.3 m and the proposed commercial building to be exempt from providing loading spaces Parking study submitted with the application found that at peak periods the parking demand was for 119 spaces. Factoring in the vacant and proposed commercial units, the peak parking demand would be 140 spaces. The 5 second floor dwelling units would require an additional 7 spaces bring the total demand to 147. Currently, there are different standards based on the use. For example, occupancy for restaurants has one standard; number of practitioners for medical professionals have another standard. Applying a blanket parking standard for all commercial uses would simplify zoning review for uses in the plaza. Application of the proposed standards would result in a surplus of about 50 spaces, allowing for flexibility in the placement of the new commercial building on the site. Site Plan Construction of the new building will be subject to site plan control. Following concerns should be addressed at this stage: 3 Council Minutes May 12, 2015 • Parking spaces along Portage Rd south of Dairy Queen should be removed and replaced with landscaping; • Safety concerns regarding the easterly access from the plaza onto O'Neil St. should be further reviewed at the site plan stage. Deeming By-law Subject lands are comprised of part of a Township Lot and 3 whole lots and 2 part lots in a plan of subdivision. These lots were intended to be developed separately. The development depends on all lots and parts being one parcel. A 'deeming by-law' is necessary to remove the special status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. Conclusion The amendment is recommended for the following reasons: • The applicant has demonstrated through a Parking Occupancy Analysis that 147 parking spaces will be adequate for the plaza including the proposed building; • Staff are satisfied that 6.3 m aisle widths and elimination of the loading requirements for the new commercial building will not have negative impacts on the functionality of the site; and, • The requested amendment will facilitate further investment in the property. Brian Long, representing the owner of the KFC restaurant, stated they have no opposition to the proposal but wanted to ensure proper protection of their existing building during the construction phase. Michael Allan, ACK Architects, agent for the applicant, outlined the improvements to the plaza, to date, and how the rezoning will improve landscaping, parking and egress into the plaza. He assured Council that proper shoring, in compliance with the Building Code, will occur during the construction phase. The Public Meeting was Closed ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously * * * * * Public Meeting PBD-2015-16, AM-2014-004, Official Plan and Zoning By-law Amendment Application. 5971 Dorchester Road. Applicant: Strategy 4 Inc. (Uri Salmona/Jeff Kenny). Proposal: Proposed Apartment Development. Background Applicant has requested an Official Plan and Zoning By-law amendment for a 1.41 ha (3.5 ac) parcel of land known as the former Diamond Jubilee School. The proposal is to demolish the existing building and construct 2 apartment buildings. Initially, the applicant proposed to develop the site with a 4 storey and 6 storey buildings with a total of 174 units. 4 Council Minutes May 12, 2015 In response to input received at a neighbourhood meeting, the applicant reduced the height of the 6 storey building to 5 storeys and shifted the 4 storey building 5.8 m from the southerly lot line. These changes reduced the number of dwellings to 154. Neighbourhood Open Houses Two open houses were held December 8, 2014 and April 7, 2015. Concerns raised included: • Traffic volumes and safety on Dorchester Rd. • Privacy for adjacent residents; • Market potential for this project; • Water pressure and stormwater management; • Concerns from the tenant about the cancellation of the current lease • Nature of the project, unit sizes, expected rents, • is the project affordable rental housing • Fencing for abutting properties; • Potential for second access via the former Pew St. allowance; • Could the southerly building be reduced to 3 storeys and the northerly building be increased to 6 storeys; Applicant stated that traffic study did not show unacceptable impacts on Dorchester Rd. Details were provided regarding stormwater management and that flows would be directed away from adjacent properties and into a drain; A wood fence would be erected around the site to screen adjacent properties; City is not aware of any water pressure issues within the municipal system; hydrant testing showed sufficient pressure; Unit sizes 65-111 sq m (700-1200 sq ft); Rents: $1100-$1200/month Requested zoning would allow for a 3 storey and a 6 storey apartment Applicant advised that the design allows for buildings to be built in phases which may allow the retention of the school and its continued use until the second phase of construction begins. Planning Analysis Provincial policies require 40% of all residential development to occur through intensification within the City's built-up area. Approval of this application will provide a multiple unit housing opportunity to assist the City in meeting its intensification targets and make more efficient use of urban land and existing infrastructure. Official Plan Land is designated Residential Apartment buildings with heights up to 6 storeys with densities up to 100 un/ha can be considered on residentially designated lands that front onto an arterial road, are located on a transit route and are in proximity to commercial areas. Applicant is requesting a density of 109 un/ha, which would allow 14 more units to be developed. This request is acceptable as follows: • Meets the objectives of the Official Plan of providing increased densities within the urban area and an efficient use of existing infrastructure; • Will broaden housing choices in the City and will contribute to the City's required short term (3 yr) supply of housing; 5 Council Minutes May 12, 2015 • Achieves compatibility with the surrounding neighbourhood by providing gradation of building heights between the abutting six storey apartment building to the north and the single detached dwellings abutting to the south and west and providing setbacks from the single detached dwellings greater than the heights of the proposed buildings; • Compatibility is improved by providing extensive landscaping around the perimeter of the site, particularly abutting single detached dwellings, and retaining mature trees to buffer the surrounding neighbourhood; • Given its location on an arterial road, access to major highways, transit routes and proximity to commercial areas, the site is well suited for an apartment development; • The transportation system and municipal services can accommodate the development; and, • The proposed change would result in an additional 14 units which is a minor increase in the intensity of development over what the Official Plan currently permits. Zoning By-law Land is zoned Institutional (I) Current zoning would permit a retirement home and nursing home. Institutional (I) zone permits a maximum building height of 10 m as-of-right and building setbacks as close as 5 m to the north and south lot lines and 10 m to the west lot line. The I zone would only require 5% of the lot to be landscaped. Zoning is requested to be changed to the Residential Apartment 5 C Density (R5C) zone with site specific regulations for lot area, front and rear yard depths, side yard width, landscaped open space, number of apartment buildings and parking and balcony projections. The requested regulations can be supported for the following reasons: • Adjustment in lot area is to permit the number of units requested; • Larger setbacks to the west (28.6 m) and south (17 m) lot lines will reduce the overlook of the proposed buildings over the adjacent dwellings, and will allow for the preservation of the mature trees in the these yards; • Increased balcony projections can be supported give the increased building setbacks from the residences to the south and west; • The provision of 20 parking spaces less than the City's standard is acceptable. The parking study concluded that a lower parking standard would be appropriate for the proposed development and is the same standard as the building to the north; and, • The minor 2% reduction in landscaped open space from the standard R5C provision can be supported as wide landscaping strips are proposed as a buffer between the buildings and existing dwellings on lots to the west and south. • In addition, staff recommends that the by-law include regulations to limit the height of northerly building to 19 m and 5 storeys and the southerly building to 16.5 m and 4 storeys. Recommendation That Council approve the Official Plan and Zoning By-law amendment application to: • Designate the lands a Special Policy Area thereby permitting a residential development with a density of 109 units per hectare; and, 6 Council Minutes May 12, 2015 • Rezone the lands Residential Apartment 5C Density (R5C) with site specific regulations as outlined in the staff report (PBD 2015-16) permitting the development of a four storey and a five storey apartment building with a maximum of 154 dwelling units. Joseph Prest, Barker Street resident, expressed concern with the traffic congestion in the area and the loss of privacy with the large apartment development above their backyards. Ada Blanchard, Dorchester Road resident, located directly south to the property line expressed concern that the size of the proposed development will box her home in. She indicated the current traffic is already congested and an apartment of this size is only going to add to the current traffic problem. She asked that Council deny the application until a better, less intensive use of the property is proposed. Doug Birrell, on behalf of his in-laws, who live on Barker and back onto the proposed development, requested that the easement at the rear of the property be decommissioned. Ernest McGeachie, a Dorchester Road resident, questioned the sewer capacity, the high accident rate in the area and his wish that the property remain institutional. Jeff Kenny, agent or the applicant, outlined the numerous open houses, how the proposal has been scaled back and the increased setbacks in the proposal. He said that natural vegetation would be maintained, where possible. The property is being re- engineered for appropriate water flows and a sewer extension will occur. The developers' traffic study indicates that traffic will improve because currently congestion occurs due to the day care. With the apartments, traffic will be sporadic during the day, as opposed to concentrated at certain times with the daycare. Mr. Kenny did indicate that the day care will remain, as per their lease, and that the development is to be phased. He indicated that a six storey and three storey development was not possible due to architectural considerations. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that the application be denied. Carried Unanimously * * * * * MISCELLANEOUS PLANNING MATTERS PBD-2015-18 — Comments regarding the Provincial Review of the Greenbelt Plan, Niagara Escarpment Plan, the Growth Plan for the Greater Golden Horseshoe and the Oak Ridges Moraine Plan The report recommends the following: 1. That this report and conclusions be sent to the Region and Province as the Niagara Falls response to the review of the Growth Plan, Greenbelt Plan and the Niagara Escarpment Plan. 2. That the lands associated with Fruitbelt Parkway be removed from the Greenbelt Plan and the Niagara Escarpment Plan as shown in this report. 3. That the Niagara Gateway Economic Zone shown in the Growth Plan include the lands surrounding the interchange of the QEW and Mountain Road; removal of 7 Council Minutes May 12, 2015 these lands from the Greenbelt Plan and Niagara Escarpment Plan, respectively, is vital to the economic growth of Niagara. 4. That the Province treat the jurisdictions that comprise the Outer Ring, differently than the GTA from a planning and development perspective. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the report be approved, with the additional fourth recommendation. Carried Unanimously PBD-2015-19 — Matters arising from the Municipal Heritage Committee The report recommends the following: 1. The Municipal Heritage Committee recommends approval of the plans as presented to restore the James Oswald House, 2922 St. Paul Avenue. 2. The Municipal Heritage Committee recommends the owner's request to remove the Heritage designation from the Rev. William Leeming House, 5781 Highland Avenue be refused. ORDERED on the motion of Councillor Strange, seconded by Councillor loannoni that the first recommendation be approved and that the owner's request to remove the heritage designation for 5781 Highland Avenue, be granted. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to Tara Tarczy, on the passing of her husband Rick Tarczy, the passing of Vince Audibert, father of firefighter, Fred Audibert, and Angeline Feor, grandmother of Sarah Conidi. Mayor Diodati advised of recent events: Doctors Day Celebration, 2015 Hope Award Event, Community Clean Sweep, Scouts Canada Chief Scout Ceremony, 32"d Annual Cover the Kids Run, Grand opening of North Town Dentistry, Red Bull's Wings for Life Run, McHappy Day, Citizenship Ceremony, St. Michael Catholic School Multicultural Food Festival, ehouse411.com Grand Official Launch Event, Canada East Wrestling Event, International Law Enforcement Tug of War, Niagara Musical Theatre & Voice Festival, and the Royal Canadian Legion, Ontario Provincial Convention. Mayor Diodati advised of upcoming events: Niagara Falls Museum new exhibit; grand opening, Mayor's Youth Advisory Committee Youth Conference and Summit the Rankin Rally competitive Walk-a-thon and Coyote Watch Canada Gala Fundraiser. * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Minister Responsible for Seniors Affairs - requesting the month of June 2015 be proclaimed as "Seniors Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Morocco, seconded by Councillor Strange that the request be approved. Carried Unanimously 8 Council Minutes May 12, 2015 2. National Public Works Week - requesting that the week of May 17, 2015, be proclaimed as "National Public Works Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that the request be approved. Carried Unanimously 3. Pride Niagara - requesting the Pride flag be flown for Niagara Pride week, June 1st to 8th RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Campbell that the request be approved. Carried Unanimously 4. Municipal Heritage Committee - in lieu of a Council rep, requesting the runner- up be appointed to serve on the committee. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni that the first runner up be appointed. Carried Unanimously 4. Enbridge Ride to Conquer Cancer - requesting a grant equal to the fees related to a building permit for a tent for their annual event. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the request be approved. Carried Unanimously 6. Monarch Roadshow - requesting provision of a Niagara Transit bus for DSBN school children for the related event. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the request be approved. Carried Unanimously 7. Downtown BIA - requesting free parking. RECOMMENDATION: To be referred to the Parking Budget for consideration. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the communication be referred to staff. Motion Carried with Councillors Thomson and Craitor opposed. 9 Council Minutes May 12, 2015 8. SIDS Awareness Day - Request that May 23rd be recognized in Memory of those children lost to SIDS and SUDC, as SIDS Awareness Memorial Day. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved. Carried Unanimously REPORTS 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-2015-17 - 2015 Property Tax Rates & By-law The report recommends that Council approve the 2015 Property Tax Rates F-2015-18 - Final Tax Notice Due Date The report recommends that June 30 and September 30 be approved as the 2015 Final Due dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. L-2015-17 - Consulting Agreement Purchase Order The report recommends that Council approve a revised Purchase Order for consultant services. MW-2015-13 - Drainage Superintendent Appointment The report recommends that Council appoint Nick Golia as the Drainage Superintendent for the City of Niagara Falls. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the reports on the Consent Agenda be approved, as recommended. Carried Unanimously * * * * * RESOLUTIONS NO. 16 — THOMSON- MOROCCO — Therefore be it resolved that the City of Niagara Falls, a willing and supportive host of a minimum of two casinos, respectfully requests the Premier and Minister of Finance to direct OLG to immediately include Niagara's two resort casinos in its' modernization plans by establishing separately managed, rebranded operations, redevelopment of the two resort casinos and allow additional gaming sites in Niagara Falls. Carried Unanimously 10 Council Minutes May 12, 2015 BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 2015-48 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stepping Prohibited). 2015-49 A by-law to amend By-law No. 2014-144 being a by-law to amend By-law No. 78-24, the designating by-law for the Old St. John the Evangelist Church, located at 3428 Portage Road as a building of cultural heritage value or interest. 2015-50 A by-law to provide for the adoption of Amendment No. 116 to the City of Niagara Falls Official Plan (AM-2014-011). 2015-51 A by-law to amend By-law No. 79-200, to regulate the development of an inn on the Lands (AM-2014-011). 2105-52 A by-law to amend By-law No. 79-200, to regulate the Warren Woods Estates Phase 3 Stage 3 plan of subdivision on the Lands (AM-2015-001). 2015-53 A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2015. 2015-54 A by-law to appoint a Drainage Superintendent pursuant to The Drainage Act, R.S.O. 1990. 2015-55 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of May, 2015. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a second and third reading and passed. Carried Unanimously NEW BUSINESS Flaq Pole ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that a flag pole be installed at the Coronation Centre. Carried Unanimously Chippawa Docks Run ORDERED on the motion of Councillor Strange, seconded by Councillor Pietrangelo that Council enter a team into the Chippawa Docks Run on June 21st, 2015. Carried Unanimously Terry Fox Way ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that staff report back on the naming of Terry Fox Way. Carried Unanimously 11 Council Minutes May 12, 2015 Council Chambers ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio that staff investigate a video system for Council Chambers. Carried Unanimously * * * * * ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the meeting be adjourned at 8:55 p.m. Carried Unanimously DEA IORFIDA, ITY CLERK JAMES M. DIODAT , MAYOR 12