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2007/09/10Council met on Monday, September 10, 2007 at 5 :45 p.m. in an In Camera Session. All members of Council were present. Councillor Thomson presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. A, CITY CLERK TWENTIETH MEETING IN CAMERA MEETING REGULAR COUNCIL MEETING Council Chambers September 10, 2007 Council met on Monday, September 10, 2007 at 7:00 p.m. for the purpose of considering Regulars Business matters. All members of Council were present. Rev. Martin Goode of the Ministerial Association offered the Opening Prayer. Committee Room 2 September 10, 2007 R.T. (TED) SALCI, MAYOR ADOPTION OF MINUTES ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that the minutes of August 13, 2007 be approved. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio declared a conflict of interest to Zoning By -law Amendment Application AM- 23/2007 which is located across from an existing business of his. Councillor Thomson declared a conflict of interest to Zoning By -law Amendment Application AM- 07/2007 as he lives in the area and to Zoning By -law Amendment Application AM- 23/2007 as he has a business relationship with the applicant. Councillor Thomson indicated a pecuniary interest to cheque no. 313347 for Election surplus Councillor loannoni indicated a pecuniary interest to cheque no. 313429 payable to her spouse and cheque no. 313027 payable to herself. Councillor Wing declared a conflict of interest to the aspects of report MW- 2007 -97, Union Marsh Municipal Drain Final Engineer's Report, and related by -law, which pertain to the Niagara Parks Commission lands, as members of her family are employed by the Commission.. Councillor Maves indicated a pecuniary interest to cheque no. 313099 payable to his business and conflict of interest to Zoning By-Iaw Amendment Application AM- 07/2007, as he lives in the area. Mayor Salci indicated a pecuniary interest to cheque no. 313028, 313336 and 313337 payable to himself. Alzheimer Society 2 September 10, 2007 Council Minutes DEPUTATIONS /PRESENTATIONS Teena Kindt, Director of Development, Alzheimer Society, addressed Council on National Coffee Break Day, September 20, 2007, the annual Alzheimer Society fundraiser. September 21, 2007 is World Alzheimer Day and this year the City of Niagara Falls will be hosting a coffee break at the Municipal Service Centre. Niagara Falls Ministerial Fellowship Rev. Martin Goode advised Council on the Niagara Falls Ministerial Fellowship "Our Turn to Regenerate the Heart of Our City" and requesting a proclamation for the week of September 23 to 30 as "a week of prayer for the City of Niagara Falls ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the communication be approved as recommended. Regional Councillor Carried Unanimously Regional Councillor Norm Puttick addressed Council on duplication of services within the lower -tier municipalities and the Region. He suggested that the CAO and Mayor meet with their counterparts in St. Catharines to discuss cost savings. The CAO outlined the various initiatives in which there is inter municipal cooperation to realize cost savings. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that Council receive the information of the deputation by Councillor Puttick. Carried Unanimously Regional Councillor Norm Puttick addressed Council on governance and NEDCORP. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that staff request a copy of the NEDCORP budget to determine how the $2.7 million is spent; that staff find out why NEDCORP was set up as a corporation; and that staff prepare a report on their experience and dealings with NEDCORP. PLANNING MATTERS Carried Unanimously PD- 2007 -75- Chief Administrative Officer Zoning By -law Amendment AM- 07/2007, 6306 to 6378 Pinestone Road and 6339 to 6367 Pinestone Road, Applicant: Walker Community Development Corporation, Proposed On- Street Townhouse Dwellings Proposed Application Applicant is proposing to build 19 on street townhouse dwellings on 1 ha (2.6 ac) of land. Subject lands are zoned Residential Single family. A multiple family residential zone is proposed. Background This application came before Council on June 11, 2007 and was deferred due to the following concerns: Impacts on views; Embankment erosion; Insufficient parking for townhouse dwellings; Snow removal; and Maintenance of the rear yards of internal townhouse units. Planning Analysis Impacts on Panoramic Views 3 September 10, 2007 Council Minutes Residents immediately to the south of the proposed townhouses voiced concerns that their panoramic view of Lake Ontario and the countryside would be affected. The applicant has reduced the height of the townhouse blocks immediately behind the 2 concerned residents from 10m (32.8 ft) to 8.6m (28 ft). In addition, the applicant has clarified that units 9 -15 will be bungalow townhouse dwellings with heights of 6.5m (21 ft). It is recommended that all the proposed townhouses be restricted in height to 9m (30.0 ft) and 7.0m (22.9 ft) respectively and that these height limits be included in the amending bylaw. Slope Stabilization A substantial slope up to the neighbouring properties in Caligiuro Estates exists to the rear of proposed townhouses on the south side of Pinestone Rd. There is a concern that construction on the site may erode this slope, affecting the property above. The development of these townhouse units will be subject to a development agreement which will secure a grading plan that will ensure that this slope is properly stabilized to avoid erosion. Parking Issues Residents are concerned that there is not sufficient parking for existing neighbourhood dwelling units. Additional townhouses may exacerbate the situation. While one space per dwelling unit is the standard requirement for on street townhouse units, the proposed townhouse units will be built with a double garage and double driveway. Ample parking will be provided for the proposed townhouse units. Snow Clearance Residents are concerned that snow clearance during the winter reduces the manoeuvring width of streets and the new units may exacerbate this situation. The proposed townhouses will have landscaped front yards adjacent to driveways that will provide on site areas for snow storage. Maintenance Easements The existing on street townhouse dwellings have no legal access to their rear yards from public streets without crossing their neighbours property. Legal access could be provided by means of a maintenance easement Without these easements, access would need to be provided through arrangements between neighbours. Council has previously dealt with this same concern by inserting a warning clause in the conditions of draft approval for this subdivision noting that there is no legal access to the rear yards of internal townhouse units. If the concerned residents wish to secure access to their rear yards they will have to obtain an easement over their neighbour's property through the consent process. Conclusion The proposed zoning bylaw amendment is in compliance with the Official Plan. Reducing the height of the proposed townhouses to 9 m. (30 ft) will lessen any impacts on the panoramic views of the residences to the south. The proposed townhouses will not impact on neighbourhood snow clearance and on street parking. Requests for maintenance easements for existing on street townhouses in the neighbourhood will have to be dealt with on a site by site basis through consent applications. Recommendation That Council approve the revised Zoning Bylaw amendment application to permit the construction of 19 on street townhouse dwelling units instead of 12 single detached dwellings, subject to the standards outlined in this report including reduced maximum building heights of 7.0 m (22.9 ft) and 9 m (30.0 ft) for specific blocks. Mr. Craig Fowler of 6131 Pinestone Road was present at the meeting. Mr. Fowler outlined the remaining concerns of the residents: that the snow removal issues will be magnified, there needs to be assurance that the redesign of new height is adhered to and that the time line for completion of the Neighbourhoods of St. David's completion. If these issues are addressed, the residents will withdraw their original objection. Kerry Clark, for Walker Community Development, was present at the meeting. Mr. Clark informed Council that they agree with the Planning report. Requesting a time line for development is unrealistic. It is in Walkers' best interests to complete the development but completion is dictated by market forces. As for snow removal, the landscape areas besides the driveways should accommodate the snow. The public meeting was closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be approved as recommended. with Councillor Thomson and Mayes declaring a conflict 4 September 10, 2007 Council Minutes Proposed Application Carried Unanimously PD- 2007 -74- Chief Administrative Officer Zoning By -law Amendment AM- 23/2007, 6505 Fallsview Boulevard, Applicant: 21000422 Ontario Limited, Agent: Italia Gilberti, Broderick and Partners, Proposed 30- storey, 383 Room Hotel Zoning Amendment is requested to place lands under a new site specific Tourist Commercial zone to permit a 30 storey, 383 room hotel, (without meeting rooms) and to allow the majority of the hotel's parking to be provided off site. The site is currently zoned TC with site specific regulations restricting the height to 4 storeys. Planning Analysis The proposed development of a 30 storey high rise hotel on a small half acre parcel represents a significant departure from Council's Official Plan policies and approved design guidelines. The proposal represents an overdevelopment of this site and creates significant environmental impacts on adjacent lands. The following matters should be considered: Sky View Principle The proposal does not meet the Sky View Principle contained in the City's urban design objectives. OP requires building mass for high rise hotels be reduced above the podium level and that separation distances be used between buildings to avoid a wall of buildings, allow light penetration, and gaps between buildings and possible views for second and third tier developments. The proposed building satisfies the built form for maximum floor plate area, maximum width to length ratio and percentage of building to lot frontage, but it does not satisfy any of the provisions for separation of towers. Approval of this proposal could set an undesirable precedent for future development and in general, does not protect the skyview for other properties. Architectural Peer Review Panel 5 September 10, 2007 Council Minutes The proposal is not recommended by the Architectural Peer Review Panel. OP requires high rise buildings over 10 storeys to complete an APR The applicant attended 6 pre consultation meetings with the Panel. The Panel had significant concerns about the massing and location of the building. The applicant prepared a further design, which is the subject of this application. The APR Final Report notes the applicant had improved surface treatment and roof design, but no change was made to the general massing of the tower and did not address the principle concern about lack of sufficient setbacks. Public Realm at Grade Principle The proposal does not satisfy the Public Realm at Grade Principle. A podium is an essential part of creating human scale at the street level. This is achieved by setting the tower back 3 m (10 ft) above the podium along street frontages. The lack of a podium also appears to exacerbate microclimate impacts at the street level because of sheer wall effects. Positive Microclimate Principle The development will create a severe impact on pedestrians and conflicts with the Positive Microclimate Principle. The pedestrian realm, as well as adjacent properties and Queen Victoria Park are to be protected from wind and other microclimate impacts. The wind study for the project identifies significant potential problems: Due to wind conditions which will be created by this building there will be safety failure at the corner of Dixon Street Fallsview Blvd and along Fallsview Blvd immediately south of the proposed hotel. Wind gusts of over 88 kmp (55 mph) are forecasted, meaning these locations may be hazardous for pedestrian use. Wind conditions along Fallsview Ave and the Dixon St. sidewalks adjacent to the proposed hotel will be uncomfortable after the hotel is constructed. Consultants have suggested wind screens and columnar oak trees within the City sidewalk as well as screens along the building facade. These measures become necessary because the building does not provide the preferred podium and building setbacks intended to address sheer wall wind effects. Parking Circulation The principle concerning parking and circulation is being compromised. This principle provides that, as a general rule, parking for new developments should be provided on site. The APR panel raises concerns about the development's reliance on off site parking and the distance between the hotel and the off site parking lot. Staff notes that zoning currently allows required parking for this site to be off site. However, this provision was granted when the site was proposed for a restaurant/entertainment use within a four storey building. Staff remains opposed to locating the majority of required parking for this site on the Dunn St. parking lot due to the impacts on surrounding streets and on residential area surrounding the parking lot. Zoning The requested Zoning Bylaw amendment is not appropriate. The proposed zoning amendment would increase the permitted height of a building on this property from 15m (50 ft) to 109m (358 ft). Due to the lack of compliance with the built form guidelines and the adverse street level wind impacts, this request is not appropriate. The proposal is considered overdevelopment of the site as it would be among the tallest, most dense developments in the City. The proposed density is 910 rooms per acre. The proposed amendment appears to increase the dependency of this site Conclusion 6 September 10, 2007 Council Minutes The proposed zoning bylaw amendment cannot be supported for the following reasons: It does not comply with the Official Plan with respect to the built form regulations; It does not represent good planning as it is an overdevelopment of the site; The Architectural Peer Review panel does not support the development due to lack of conformity with the built form guidelines. There will be adverse wind conditions created at the street level as a result of this hotel; and The reliance of the site on off site parking to meet the parking requirements for an intensified development is not supported by staff. Should Council wish to support a 30 storey hotel on this block it should be on the basis of land assembly and compliance with the City's built form guidelines for highrise hotels. Recommendation That Council deny the Zoning Bylaw Amendment application to permit a 30 storey hotel proposal because it does not meet the intent of the Official Plan, is not supported by the Architectural Peer Review Report and creates significant microclimate impacts on private properties and the public realm. Peter Pickfield of Garrett Pickfield was present on behalf of Comfort Inn Fallsview and Helias Enterprises Inc. Mr. Pickfield's clients are in support of staff's report to deny the application. The proposed application does not comply with exiting guidelines rules, the Architectural Peer review is opposed, there will be associated impacts with pedestrian traffic, on -site parking does not comply, wind issues and the proposed use will compromise development on south lands. The proposal is not properly developed and approval would be premature. Mr. Pickfield's clients has retained a planner to conduct a review of the application and his client's hotel proposal on the lands to the south to integrate the two projects and requests deferral for 6 to 8 weeks. Italia Gilberti of Broderick Partners was present on behalf of the applicant. Ms. Gilberti's indicated that this is the area of the City for high rise developments, so they are not proposing anything out of the ordinary. It was her contention that the development meets the Provincial Policy Statement, Provincial Growth and Regional Growth Plans. She indicated that off site parking has been "married" to these lands in the past. In addition, Delcan Consultants. Ms. Gilberti expressed the opinion that the proposal does comply with respect to the build form regulations with exceptions of the setback, meets the maximum floor area, maximum width to length ratio and percentage to building and lot frontage. Any concerns with respect to wind condition will be addressed at the site plan stage. She requested that the by -law and section 37 agreement be brought back to the next Council meeting. Wayne Murray, of Chapman Murray Architects, was present on behalf of the applicant. Mr. Murray, with help of renderings, showed the visual effect of the podium. He felt the development would enhance other properties in the area. The public meeting was closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the application for a 30- storey, 383 Room Hotel be approved. Councillor Diodati AYE Councillor Fisher AYE Councillor loannoni AYE Councillor Pietrangelo AYE Councillor Mayes AYE Councillor Wing NAYE Mayor Salci NAYE Carried with Councillor Wing and Mayor Salci opposed and Councillor Thomson and Kerrio declaring a conflict PD- 2007 -73- Chief Administrative Officer Zoning By -law Amendment AM- 21/2007, 5950 Victoria Avenue and 5956 Clark Avenue, Applicant: Niagara 21' Group Inc. Proposed Application The applicant has requested a zoning amendment for lands known as 5950 Victoria Ave and 5956 Clark Ave. Council approved the zoning permitting a 30 storey hotel in January 2005 for 5950 Victoria Ave. Since that time the applicant has been granted variances for minor adjustments in height and specific location of the building. The applicant has subsequently acquired the lands at 5956 Clark Ave and is requesting the zoning on 5950 Victoria Ave be extended over 5956 Clark Ave as well. Planning Analysis Official Plan Designated Tourist Commercial and part of the Fallsview Subdistrict Fallsview Subdistrict is the primary location for large scale accommodations entertainment, retail and cultural attractions. OP design guidelines encourage hotels to provide adequate on site parking which is screened by landscaping. Acquisition of additional frontage land has provided additional street presence along Clark Ave. A proper buffer is required between the parking area and the sidewalk to soften the impact of the parking area and increase the aesthetics. Zoning Zoned Tourist Commercial with site specific provisions to permit a 10 and 30 storey hotel. Lands on 5956 Clark Ave. are currently zoned TC. Requested amendment is a housekeeping matter which would place the properties under one bylaw for development purposes. The amending bylaw would include minor variances recently granted with regard to the location of the 30 storey hotel and should include a provision for a landscaping strip between the parking lot and the street line. The landscape design along Clark Ave. and along Grand Boulevard will be addressed through site plan control. Section 37 Public Benefits All projects between 4 30 storeys are required to contribute to streetscape improvements on abutting streets. A letter of credit to secure the streetscaping costs will be required at the Building Permit stage. The s. 37 Agreement should be entered into prior to the passing of the bylaw. Conclusion 7 September 10, 2007 Council Minutes The Zoning Bylaw amendment application can be supported for the following reasons: The Official Plan encourages hotels to provide a greater portion of the required parking on site. The additional land will benefit the hotel by enabling additional parking to be provided on site. The additional land will provide an opportunity for additional landscaping on site which would improve the aesthetics of the site and would give the hotel a street presence. Recommendation The public meeting was closed. 8 September 10, 2007 Council Minutes 1. That Council approve the Zoning Bylaw amendment application to incorporate the lands known as 5956 Clark Ave. under the same site specific zoning that applies to 5950 Victoria Ave. and include recent variances granted to adjust the design of the hotel. 2. That passage of the amending bylaw occur after the execution of a Section 37 agreement to secure future streetscaping along Clark and Victoria Avenues and the Grand Boulevard. Italia Gilberti of Broderick Partners was present on behalf of the applicant. Ms. Gilberti is requesting that Recommendation #2 in the report be removed and that the by- law be passed at the September 24 Council meeting. With respect to the 3m landscaping strip, the applicant requests to be relieved of the requirements along Clark Avenue and instead provide a decorative fence. With respect to the Section 37 Public Benefits as directed by by -law 2005 -26 the applicant is prepared to provide securities to pay for the streetscaping on Clark Avenue and Victoria Avenue but not for the proposed Grand Boulevard unless the CP Rail is built by the City of Niagara Falls. The applicant also requests that no further traffic study is needed as it was approved in association with By- law 2005 -26 and no significant changes have been made to the property or hotel. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher 1 That Council approve the Zoning Bylaw amendment application to incorporate the lands known as 5956 Clark Ave. under the same site specific zoning that applies to 5950 Victoria Ave. and include recent variances granted to adjust the design of the hotel. 2. That staff meet with the developer regarding the outstanding issues of landscape buffer vs. a decorative fence, appropriate security for future Grand Boulevard streetscaping and the determination of calculations for Section 37 Public Benefits. Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci Proposed Application AYE AYE AYE AYE AYE Planning Analysis Official Plan Designated Tourist Commercial Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing AYE AYE AYE AYE Carried Unanimously PD- 2007 -70- Chief Administrative Officer Zoning By -law Amendment AM- 24/2007, 5741 McGrail Avenue, Joe Lyons, Agent: Brian Sinclair, Recognition of the Existing Building as an Apartment Hotel (Hostel) An apartment building used as the Lyon's House Hostel exists on the property. Applicant is requesting that this building be recognized in the Zoning Bylaw as an apartment hotel (hostel). Although the building was originally constructed as an apartment dwelling, it is being used as a hostel with bedrooms or entire dwelling units being rented to individual travellers or groups of travellers. The owner wishes to legalize the use prior to its sale. There are no known complaints against the property or the use. 9 September 10, 2007 Council Minutes Use of this former apartment building as a hostel provides an alternative form of tourist accommodation. Its small scale use does not appear to have negative impacts on the surrounding road network or servicing infrastructure. The low rise building fits into the scale of the adjacent single detached and multiple residential dwellings. The use is compatible with surrounding dwellings. As the use has similarity to multiple residential uses and the property has historically been used as an apartment dwelling, no land use impacts on adjacent dwellings are expected by the continuation of this use. Zoning Currently zoned Tourist Commercial Applicant is requesting a hostel to be site specifically added as permitted use on the property to reflect the existing use. Traffic Services is satisfied with the provision of 5 parking spaces. A many guests of the hostel either walk to the site or use public transit, the use does not have a high demand for parking. Conclusion Recognition of the use of the property as hostel is appropriate as it complies with the Official Plan with respect to the location of tourist facilities and it is compatible with surrounding properties. Recommendation That Council approve the Zoning Bylaw amendment application to recognize the existing building as hostel. Brian Sinclair was present on behalf of the applicant. Mr. Sinclair was in agreement with the staff report but questioned the applicability of the development charges, as there is no structural change being done to the building. The public meeting was closed. ORDERED on the motion of Councillor Mayes, seconded by Councillor Thomson that the report be approved and staff report back on the applicability of development charges. Carried Unanimously PD- 2007 -67- Chief Administrative Officer Zoning By -law Amendment AM- 22/2007, 5997 Drummond Road, Applicant: Robert Oliver, Agent: Chris Cristelli, Recognition of an Existing Triplex Planning Analysis Official Plan Designated Residential Multiple dwelling unit developments, having a density of up to 75 units /ha (30 units /ac) may be permitted within this designation where they have convenient access to the arterial road system and are generally in close proximity to schools, parks and neighbourhood commercial areas. The requested amendment complies with the OP as follows: The density of the development is 41u/ha (17u /ac), well within the density contemplated for such developments. The site has access to an arterial road (Drummond Rd) and is located close to commercial facilities (Lundy's Lane) as well as to schools and parks. The dwelling is a former single detached dwelling that is compatible in terms of massing and setbacks with the surrounding single detached and duplex dwellings. No expansions are proposed. Zoning 10 September 10, 2007 Council Minutes Currently zoned Transition Residential Multi (TRM) The TRM zone is essentially a hold zone. Proposals for higher density developments in conformity with the OP may be considered. Proposals may involve the assembly of land for multiple unit dwellings, or the conversion of dwellings into multiple units. Minor site specific adjustments to the lot area, lot frontage, front yard depth and rear yard depth standards of the R3 zone are requested to recognize existing lot conditions. The applicant is also requesting that the existing basement apartment unit be recognized. Historically, basement apartments have been prohibited by the Zoning Bylaw due to building and fire code safety concerns. Recent changes to the OBC Fire Code now allow these units, but stipulate standards by which these units must be built. A Change of Use permit will ensure these standards are met. Conclusion The existing triplex complies with the Official Plan with respect to the location of multiple dwellings and is compatible with surrounding dwellings, therefore, the Zoning Bylaw amendment application to recognize the use can be supported. Recommendation That Council approve the Zoning Bylaw amendment application to recognize the existing triplex on the property known as 5997 Drummond Road. Mr. Vijay Kapur of 5824 Main Street was present at the meeting. Mr. Kapur expressed concerns that property was never intended to be a triplex. Chris Cristelli was present on behalf of the applicant. The owner Mr. Oliver had purchased the property as a triplex. He is legalizing what was done by a previous owner. The public meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the report be approved as recommended. Planning Analysis Official Plan Carried Unanimously PD- 2007 -71- Chief Administrative Officer Zoning By -law Amendment AM- 20/2007, 5532 Drummond Road, Applicant: Beverly Miller, Proposed Day Nursery Designated Residential Neighbourhood commercial facilities are permitted in residential areas. The property has been zoned NC and used for commercial purposes since 1979 and is compatible with surrounding properties. A range of small scale commercial uses intended to serve the surrounding community are already permitted on the property. As the building is not being expanded and the site has direct access onto Drummond Rd. no additional impacts are expected on the surrounding neighbourhood. In response to interest to have day nurseries located near the communities they serve, Council approved a previous request to add the same use to another NC zoned property. Zoning Current zoning is Neighbourhood Commercial The proposed day nursery is a small scale use, compatible with other uses in the NC zone. Minor adjustments to the front, rear and side yard standards of the NC zone are required to recognize the siting of the existing building. A sufficient number of parking spaces (4 required) exist to serve the use. Additional tandem parking is available on the driveway to the north of the building. Conclusion The proposed day nursery complies with the Official Plan with respect to locating ancillary uses in the Residential designation and is an appropriate use for an NC zone. Recommendation That Council approve the Zoning Bylaw amendment application to add a day nursery to the list of uses on the property and to recognize the setbacks of the existing building. There was no one in the gallery who indicated an interest in the matter. As a result, the public meeting was closed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the report be approved as recommended. PD- 2007 -72- Chief Administrative Officer Zoning By -law Amendment AM- 18/2007, 6565 and 6585 Lundy's Lane, Applicant: Real Capital Partners, Agent: Zelinka Priamo Limited, Proposed Retail Store Proposed Application Applicant proposes to establish a retail store on two properties located on Lundy's Lane. Applicant is requesting a site specific GC zone be applied to the entire land holdings. Planning Analysis Official Plan 11 September 10, 2007 Council Minutes Carried Unanimously Designated Tourist Commercial and within Lundy's Lane Tourist District. Retail and Tourist commercial uses are permitted in this area to serve local residents and tourists. New developments should contribute to an attractive streetscape by bringing buildings closer to the streetline, providing consistent landscaped setbacks and minimize the number of access driveways. This proposal complies with the Official Plan: Scale is consistent with other similar uses in the District; Proposal consolidates two existing accesses onto Lundy's Lane; Design minimizes traffic impacts on Byng Ave residences. Driveway onto Byng Ave is located as close to Lundy's Lane as possible. Proposed development is consistent with front yard setbacks of other similar scale retail developments on Lundy's Lane; Proposal provides extensive landscaping along Lundy's Lane to buffer large parking area abutting this street. Zoning Current zoning for majority of both properties is General Commercial. A small portion of one property fronting onto Byng Avenue requires a zone change from Residential to Commercial. Consolidated zoning has merit: It enables provisions to be included in the amending bylaw to control the number and location of access points onto Byng Ave. to ensure impacts on residences are minimized. Secures landscaping to enhance the appearance of the property and buffer adjacent streets and properties. Site Plan Control 12 September 10, 2007 Council Minutes Will secure landscaping and buffering, lighting, location of loading garbage enclosures. A substantial landscaped screen along Byng Ave. will be sought to buffer adjacent residences. A development agreement executed along with the site plan agreement will secure the provision of traffic calming measures along Byng Ave. Conclusion The Zoning Bylaw amendment to permit a retail store on the subject properties can be supported for the following reasons: It complies with the Official Plan with respect to the provision and design of retail store developments along Lundy's Lane. Placing the whole of the properties under a site specific GC zone will secure the landscaped areas and will give more control over the provision of access onto Byng Avenue. Recommendation That Council approve the Zoning Bylaw amendment application to rezone a portion of the land known as 6565 Lundy's Lane from Residential to Commercial and to apply site specific zoning provisions to both 6565 and 6585 Lundy's Lane to guide the development of a retail store. That the applicant complete a traffic calming study for Byng Avenue as part of the application for site plan approval, and that required works be secured from the applicant through a development agreement. Dave Trumel of 5813 Glenholme Avenue was present at the meeting. Mr. Trumel is not opposed to the application but expressed concerns regarding the location of the loading docks that there should be a buffer between the homes, the hours of operation, traffic and lighting. Gary Kenyeres of 5819 Glenholme expressed the same concerns as Mr. Trumel. Roberta Scott of 5815 Byng Avenue was present at the meeting. Mrs. Scott questioned what type of retail store will be going on the property. Will the new development increase traffic, what type of landscaping and lighting is proposed. Greg Priamo was present at the meeting on behalf of the applicant. Mr. Priamo advised Council that the applicant is in support of the report. With respect to the neighbour's concerns, the applicant is negotiating with a national pharmacy. Depending on the pharmacy, it could be open until 9:00 pm or midnight. The loading dock cannot be relocated and the deliveries will be during regular business hours and not overnight. He outlined the route of the deliveries and how they will minimally affect the neighbours. The tree that the neighbours would like preserved is on City property and there should no reason to remove it. As per City by -laws, lighting will not be permitted to interfere with neighbouring properties. The fence will be a high canopy style fence. The Byng Avenue access will be as close to Lundy's Lane, as possible. The public meeting was closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously 13 September 10, 2007 Council Minutes MISCELLANEOUS PLANNING MATTERS PD- 2007 -77 -Chief Administrative Officer A- 29/2007, Minor Variance Application, 6870, 6888 6892 Drummond Road, Applicants: Sam Navarroli Enzio Navarroli, Agent: Rick Brady, Urban Environmental Management, Proposal: 5- Storey, 95 Unit Apartment Building It is recommended that Council determine whether it wishes to continue with the appeals to the Committee of Adjustment's decision to grant variances that would permit the development of a 5- storey, 95 unit apartment building. Doug Darbyson, Director of Planning Development explained that the Committee of Adjustment approved an application that was contrary to Council's original approval. As a result, staff brought forward the report for Council's direction on whether to withdraw an appeal to the O.M.B. or continue with it.. Councillor Pietrangelo, who is Council's representative on the Committee of Adjustment, advised that area residents were happy with the proposed changes. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo allowing Mr. Rick Brady agent for the applicant to speak. Carried Unanimously Mr. Brady explained that there was a lot of discussion with the neighbours and the outcome was a petition provided to the Committee of Adjustment on behalf of the neighbours in favour of the application. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the appeal to the Committee of Adjustment's decision not be pursued. Carried with Councillor Wing opposed. MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci offered condolences to the family of Alfiero Visca, who was a retired employee of the City of Niagara Falls. Mayor Salci thanked Rob Nicholson, M.P. for working hard on securing the Federal investment for the Niagara Civic and Convention Centre. The Ontario Power Generation has informed staff that the second phase of blasting of bedrock on the Niagara Tunnel Project. Blasting will begin mid September through the summer of 2008. The Annual United Way campaign lunch series began at the Sheraton Fallsview Hotel on September 12 On September 6 the Niagara Falls firefighters were recognized for 20, 25, 30 and 35 years of service at a "long- service reception On Saturday, September 8 the Plein Air Awards were held in Queen Victoria Park with artists from all over the continent competing in a "paint- out Upcoming events include the grand- opening of the park at MacBain Centre September 15 10:00 12:00 noon, The Terry Fox Run will take place on September 16 The grand opening of the "Coronation Centre Craft House Cafe" on September 16 the Official heritage designation of The Oswald House on St. Paul Avenue will take place Tuesday, September 18 On Sunday, September 23 Niagara Health Systems will be hosting the 100 anniversary of hospital care in Niagara. Our Turn to Pray kicks off at Mountain Park Church on Mountain Road on Sunday, September 23r at 7:00 pm. 14 September 10, 2007 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Boost: Child Abuse Prevention and Intervention requesting that October be proclaimed as Child Abuse Neglect Prevention Month. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication be approved as recommended. 2. Brian Jones requesting that the municipality participate in National Flag Day on February 15 RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the Council supports the concept of National Flag Day. 3. Ontario 9 -1 -1 Advisory Board requesting financial assistance of $100 and related resolution. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the communication be approved as recommended. Carried Unanimously 4. Niagara Ice Dogs requesting the City to purchase a Municipal Advertising Package for $4,000 for the upcoming hockey season. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo to refer to budget and look into the cost to purchase tickets for the needy. with Councillor Thomson and Fisher opposed. 5. City Clerk memorandum indicating the need to fill the vacancy on the Committee of Adjustment. RECOMMENDATION: For the consideration of Council. RECOMMENDATION: For the information of Council. Carried Unanimously Carried Unanimously Carried ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Lou Stranges be approved to fill the vacancy on the Committee of Adjustment. Carried Unanimously 6. Niagara Region Planning Public Works Committee information on the support of the City of Niagara Falls' application for $10,000 through the Smarter Niagara Incentives Program for the City's Brownfield C.I.P. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves to receive and file the communication. Carried Unanimously 7 Maple Lodge Kennels complaint against enforcement action. RECOMMENDATION: Refer to staff. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the communication be referred to staff. 15 September 10, 2007 Council Minutes Carried Unanimously 8a. Royal Canadian Legion Branches 51, 396 479 request for the week of September 16 22n be proclaimed "Legion Week" RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the communication be approved as recommended. Carried Unanimously 8b. Royal Canadian Legion Branch 51 request for a flag raising on September 17 at 10:00 a.m. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication be approved as recommended. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the communication be approved as recommended. Carried Unanimously 1) The following items are to be ratified from tonight's meeting of the Community Services Committee: a) The minutes of the July 23, 2007 meeting be amended to reflect the following: Councillor Wing noted a conflict on Item 2, Sign By -law, only in respect to the aspect related to the Niagara Parks Commission, as members of her family work for the Commission. The motion on Report R- 2007 -16 be amended to read 1) That the Centennial Water Molecule, currently located at the Hi -Tech Material Handling Company site, Niagara -on- the -Lake, (Virgil) be returned to the City of Niagara Falls until construction of the 4 pad community arena is completed. 2) That the Centennial Water Molecule be installed on a permanent basis to the new 4 pad community arena once constructed. 3) That management of Hi -Tech Material Handling be invited to the opening and thanked for their years of guardianship. 2) REPORTS: a) MW- 2007 -95 Corwin Avenue Traffic Operations Review 1) That Corwin Avenue not be closed south of Lundy's Lane (Parts Source Store) 2) That staff report back on options for traffic calming. b) MW- 2007 -101 Pitton Road at Lynhurst Drive Intersection Control Review That the yield sign facing eastbound motorists on Lynhurst Drive at Pitton Road be replaced with an all -way stop control. c) MW- 2007 -102 Badger Road at Echo Circle /Kendale Court Intersection Control Review 1) That a stop sign be installed facing northbound motorists on Echo Circle at the intersection of Badger Road at Echo Circle /Kendale Court; and, 2) That a stop sign be installed facing southbound motorists on Kendale Court at the intersection of Badger Road at Echo Circle /Kendale Court. d) MW- 2007 -103 Intersection improvements Victoria Ave and Clifton Hill 1. That Council authorize staff to proceed with a public tender and construction of the intersection improvements at the intersection of Clifton Hill and that; 2. That the project be funded from debentures. 16 September 10, 2007 Council Minutes e) MW- 2007 -105 Canadian Association of Fire Chief's Conference Transit Charter Service Request That a grant be approved for the charter fees for Niagara Transit Bus service for this event. f) MW- 2007 -109 Proposed Extension of Young Road (West of Morris Rd.) Request for Development Agreement That staff be directed to prepare a Development Agreement between the City and Eric Wiens Construction Ltd. that will set out the terms for the construction of Young Road (West of Morris Road) to the current municipal standard at the proponent's expense. g) MW- 2007 -96 Tender #152 -05 Weightman Bridge Rehabilitation 1. That this report be received for information regarding issues /progress and investigations to date on the above noted project; 2. That Council approve the scheduling of a Public Information Center for this Fall to introduce the project to the interested /affected public and stakeholders and to solicit input on construction staging alternatives. 3. That Council approve the potential delaying of construction of the proposed Bridge Rehabilitation from 2008 to 2009 based on the reasons contained in this report; 4. That Council authorize the investigation and assessment of alternatives for the replacement and relocation of the existing watermain crossings on the current bridge structure based on the rationale as outlined in this report. 5. That this investigation is to follow the Municipal Class Environmental Assessment process for a Schedule "B" project 6. That the Municipal Class EA be undertaken in -house by City staff; h) R- 2007 -14 Naming and Renaming Parks Policy That the revisions to the Naming Renaming Parks Policy (1000.32) be approved. 3) NEW BUSINESS 1) That signage be reinstated on the Chippawa Lions Club recognizing the donation of roofing work completed by Hamblet's Roofing. 2) The Director of Transportation Services to contact Mr. Mark to discuss alternatives for Woodbine Drive traffic calming. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio: 1 That Council approve the Agreement of Purchase and Sale between the City and Badger Farms for $22,200 as outlined in L- 2007 -42; 17 September 10, 2007 Council Minutes 2. That Council approve the Agreement of Purchase and Sale between the City and Liliana Propocio for $30,000 as outlined in L- 2007 -42; 3. And that the Mayor and Clerk be authorized to execute the aforementioned Agreement of Purchase and Sale and the Clerk be authorized to affix the corporate seal thereto. Carried Unanimously 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- 2007 -31 Major Receivables Quarterly Report It is recommended for the information of Council. F- 2007 -32 Municipal Accounts It is recommended that Council approve the municipal accounts totaling $24,319,473.44 for the period August 1, 2007 to August 28, 2007. FS- 2007 -03 RRVP Niagara Square, Riocan Property Services, Booking and Licence Agreement, Fundraiser for Cancer "Headshave for Charlie" It is recommended that (1) That the City enter into an agreement with RRVP Niagara Square, Riocan Property Services, for the "Headshave for Charlie" a fundraiser for Cancer at Niagara Square on Saturday, September 15, 2007; and (2) that the Mayor and City Clerk are authorized to execute the agreement. FS- 2007 -04 Bill 221, Presumptive Legislation for Fire Fighter Illness It is recommended that Council requests the Province of Ontario to include part-time and volunteer firefighters in the definition of "firefighters" in Bill 221, Workplace Safety and Insurance Act (Presumptions for Firefighters, 2007). L- 2007 -34 Release of Site Plan Agreement, Racey Avenue, Lots 28 44 and Block 100, Plan 59M -316, File No. 2007 -209 It is recommended that the release of a Site Plan Agreement dated October 21, 1988 and registered on title to Lots 28 to 44 inclusive and Block 100, Plan 59M -316, is hereby approved and authorized. MW- 2007 -93 City Transportation Model Development It is recommended that Delcan Incorporated be retained to complete the Citywide Paramics transportation model and further that the Mayor and the Clerk be authorized to execute the necessary agreements. MW- 2007 -104 Warren Creek Watershed Municipal Class EA Detailed Engineering Design It is recommended that the City contract the services of Upper Canada Consultants to complete the detailed design and tendering process for the reconstruction of the Warren Creek between McLeod Road and Kalar Road for an upset limit of $32,049.00. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the first seven reports on the Consent Agenda be approved as recommended. Carried Unanimously PD- 2007 -66 Summary of Financial Incentive Applications under the City's Community Improvement Plans and Proposed Amendment to the Downtown CIP It is recommended that Council receive the summary of the financial incentive applications under the City's CIP's and support the processing of an amendment to the Downtown CIP to change the financial incentive program for commercial buildings and facade improvements. 18 September 10, 2007 Council Minutes ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that report PD- 2007 -66 on the Consent Agenda be approved as recommended. Carried Unanimously PD- 2007 -68 Application for a Commercial Building and Facade Improvement Grant within the Historic Drummondville CIP 6032 Main Street It is recommended that Council approve the application for a Commercial Building Facade Improvement Grant in the amount of $20,000 subject to meeting the program requirements including the entering into an agreement with the City; and that the Mayor and Clerk be authorized to execute the grant agreement as attached to this report as Appendices II. PD- 2007 -69 Application for a Peer Robinson Residential Rehabilitation Grant within the Historic Drummondville CIP 5808 Peer Street It is recommended that Council approve the application for a Residential Rehabilitation Grant in the amount of $7,215.00 subject to meeting the program requirements including entering into an agreement with the City; and that the Mayor and Clerk be authorized to execute the grant agreement which is attached to this report as Appendix II. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the two Historic Drummondville CIP reports on the Consent Agenda be approved as recommended. PD- 2007 -76 PLC 04/2007, Request for Removal of Part Lot Control Lot 45, Registered Plan 59M -338 (Garner Estates Phase 5), 6928/6938 Courtney Crescent, Owner: 1692747 Ontario Inc. (Brenda Glassman) It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate Lot 45, Registered Plan 59M -338, as exempt from Part Lot Control; and that the applicant be given one year to create the individual parcels and notify the City when the separate deeds have been registered. R- 2007 -22 A.G. Bridge Park Site for Proposed Boys Girls Club It is recommended that a community information meeting regarding the use of A.G. Bridge Park for the proposed new Boys Girls Club facility be coordinated by staff and be held in October 2007. R- 2007 -23 Contract for the Supply Installation of a New Splash Pad Play Area at the MacBain Community Centre Park It is recommended that the proposal from ABC Recreation Ltd., for the supply and installation of a complete and operational splash pad play area at The Park at the MacBain Community Centre in the amount of $179,793.05 excluding GST, be approved. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the remainder of the reports on the Consent Agenda be approved as recommended. DRAINAGE MATTERS Carried Unanimously Carried Unanimously MW- 2007 -97 Chief Administrative Officer Union Marsh Municipal Drain Final Engineer's Report It is recommended that the City adopts the Final Engineer's Report on the Union Marsh Municipal Drain prepared under the authority of Section 78 of the Drainage Act, R.S.O., 1989 being the initial report dated January 30, 2006 and the amending report dated August 23, 2007; and that the City gives two readings to the by -law (provisional) which will initiate the appeal process. ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously with Councillor Wing declaring a conflict on aspects dealing with the Niagara Parks Commission. 19 September 10, 2007 Council Minutes BY -LAWS UNDER THE DRAINAGE ACT ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the by -laws be given a first and second reading. Carried Unanimously with Councillor Wing declaring a conflict on aspects dealing with the Niagara Parks Commission. 2007 -174 A by -law to provide for a drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be given a first reading. Carried Unanimously 2007 -175 A by -law to establish part of Lot 20 Niagara Falls as a public highway, to be known as and to form part of Byng Avenue 2007 -176 A by -law to establish Part Township Lot 148 Stamford as a public highway, to be known as and to form part of Graham Street 2007 -177 A by -law to amend By -law No. 2006 -224, being a by -law to consolidate fees and charges for various services, licences and publications for the City of Niagra Falls in compliance with the Municipal Act 2001 2007 -178 A by -law to establish part of Block A Plan 54 Stamford as a public highway, to be known as and to form part of Dorchester Road 2007 -179 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws 2007 -180 A by -law to authorize the execution of an Agreement with Niagara Waste Systems Limited and The Corporation of the City of Niagara Falls respecting the compensation payable by Niagara Waste Systems Limited to the City for hosting the South Landfill 2007 -181 A by -law to designate Lot 45, Registered Plan 59M -338, not be subject to part lot control 2007 -182 A by -law to authorize the execution of an Agreement of Purchase and Sale with Badger Farms Limited respecting the purchase of lands being Part 1 on Reference Plan 59R- 13486; in the City of Niagara Falls, in the Regional Municipality of Niagara 2007 -183 A by -law to authorize the execution of an Agreement of Purchase and Sale with Liliana Propocio respecting the purchase of lands being Part 2 on Reference Plan 59R- 13486; in the City of Niagara Falls, in the Regional Municipality of Niagara 2007 -184 A by -law to authorize the payment of $24,319,473.44 for General Purposes 2007 -185 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10 day of September, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be read a second and third time and passed. Carried Unanimously Regional Niagara Police Station No. 22 ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni to reaffirm Council's position for the concerns to keep Division 22 in Niagara Falls. Carried Unanimously Frank Dancevic 20 September 10, 2007 Council Minutes NEW BUSINESS ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni to invite Frank Dancevic to Council for recognition on his accomplishments. Carried Unanimously ORDERED on the motion of Councillor Mayes, seconded by Councillor Diodati that the meeting be adjourned at 11:30 p.m. Carried Unanimously DEAN 10 IDA,'CITY CLERK R.T. (TED) SALCI, MAYOR