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2008/05/12NINTH MEETING IN CAMERA MEETING Committee Room 2 May 12, 2008 Council met on Monday, May 12, 2008 at 6:25 p.m. in an In Camera Session. All members of Council were present. Councillor Fisher presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. REGULAR COUNCIL MEETING Council met on Monday, May 12, 2008 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Diodati offered the Opening Prayer. Following the opening prayer, Katelynn and Emily Hilborn, sang the National Anthem. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the minutes of April 28, 2008 be approved as printed. DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a pecuniary interest to cheque no. 318935, a tax refund made payable to himself. Councillor Pietrangelo indicated a pecuniary interest to a wire transfer made to his employer, Niagara Catholic District School Board. Councillor Mayes indicated a conflict to report R- 2008 -17, due to insurance ramifications, his business. Mayor Salci indicated a pecuniary interest to cheque no. 319250 made payable to himself. YMCA Window Boxes of Chippawa DEPUTATIONS /PRESENTATIONS Carried Unanimously Steve Butz and Greg Shupe from the YMCA made a presentation to Council on the YMCA facility, the programs and partnerships. A cheque was presented to the City in the amount of $450,000 as part of the ongoing partnership contribution toward the MacBain Community Centre. Rich Judge advised Council that this is a non - profit group promoting the beautification of Chippawa and are funded solely by the generous donations of area businesses. He thanked Council for their support and presented a plaque to the City in appreciation of all their support. - 2 - May 12, 2008 Council Minutes ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that a grant equal to the costs associated with the temporary road closure of Laura Secord Place be permitted. Background PLANNING MATTERS Planning Analysis Official Plan Designated Residential in the Official Plan. Residential dwellings are intended to be the predominant land use. This proposal conforms to the OP as follows: Zoning Carried Unanimously PD- 2008 -38 -AM- 2008 -003, Zoning By-law Amendment Application, 5007 River Road, Applicant: David Hagerman, Proposed Cottage Rental Dwelling The Director of Planning and Development reviewed the recommendations and provided the following information. Applicant has requested an amendment to the Zoning Bylaw for a 662 sq m (7129 sq ft) parcel of land. A two storey, single detached dwelling and a detached garage exist on the property. The applicant proposes to use the existing dwelling as a cottage rental dwelling (rented to tourists for accommodation on a daily or weekly basis). Cottage Rental dwellings are a relatively new form of tourist accommodation that are similar in scale to bed and breakfast accommodations. Where bed and breakfasts are typically owner - occupied homes providing overnight guest accommodation and prepared breakfasts, cottage rental dwellings are complete dwellings (with kitchen facilities available for the preparation of meals) rented out to small groups of travelers. The land is located within the River Road Satellite Tourist District where bed and breakfast accommodations with up to four bedrooms for guests are permitted as long as the residential character of the neighbourhood is maintained. Cottage rental dwellings have been permitted in the district where they were determined to be compatible with the surrounding neighbourhood. * A cottage rental dwelling is an alternative form of accommodation similar in scale to the bed and breakfast accommodations which are permitted by the OP in this area. * No changes to the property or expansion of the dwelling are proposed * A cottage rental dwelling is not expected to generate any more traffic than a typical single detached dwelling. Provided the number of bedrooms in the dwelling is limited to four, the scale of use will not be increased, and will be compatible with surrounding residences and other tourist accommodations that are already permitted. Currently zoned Residential Single Family and Two Family, with special zoning provisions that allow the dwelling to be used for bed and breakfast accommodations. The zoning is requested to be amended site specifically to permit the existing dwelling to - 3 - May 12, 2008 Council Minutes be used as a cottage rental dwelling, containing four bedrooms, and to reduce the exterior side yard setback from 4.5m (15 ft) to 0 m (0 ft) to recognize the existing stoop and steps. Bed & Breakfast establishments (tourist homes) with up to 4 bedrooms for guests are permitted as -of -right in this area. Similar to B & B's the cottage rental dwelling will be rented out on a short term basis to a small group of travelers. It is proposed to limit the dwelling to 4 bedrooms so that: * Ensure compatibility with surrounding uses; * Consistent with number of rentable rooms in a B & B; and * Address Fire Services concerns. Conclusion The requested amendment to permit the existing dwelling to be used as a cottage rental dwelling can be supported for the following reasons: * The use complies with the Official Plan as it is in an area where small scale accommodations may be permitted. The use is of a residential nature, and is similar in scale to a bed and breakfast, which is already permitted. * Provided the cottage rental dwelling is limited to four bedrooms, the use will be compatible with adjacent uses. Recommendation That Council approve the Zoning Bylaw amendment application to permit the existing dwelling to be used as a cottage rental dwelling with no more than four bedrooms. David Hagerman, 2405 North Service Road, Jordan, applicant, advised Council that he and his wife have experience running similar operations in Niagara -on- the -Lake. He was pleased with the staff report and supported the recommendation. 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 PD- 2008 -42 - AM- 2008 -006, Zoning By -law Amendment Application, 6289 - 6311 McLeod Road and the Rear Portion of 7175 -7189 Drummond Road, 27-25- 080 -005- 12200 -0000, Applicant: 1006057 Ontario Limited o/a Niagara Olympia Homes (George Bandi), Proposed 3 Storey, 24 Unit Apartment Building. The Director of Planning and Development reviewed the recommendations and provided the following information. Background The applicant has requested an amendment to the Zoning Bylaw for 2 parcels of land totaling approximately 0.34 ha (0.8 ac). Parcel 1, is zoned R5B Residential Apartment 5B Density permitting a 3 storey 20 unit apartment building with a flat roof, subject to special provisions. Parcel 2 is zoned Institutional and to be added to Parcel 1 and rezoned R5B. The applicant is requesting a new site specific provisions be applied to the whole of Parcels 1 & 2 to permit a 3 storey, 24 unit apartment building. Planning Analysis Provincial Policy 4 May 12, 2008 Council Minutes This application is consistent with the Provincial Growth Plan for the Greater Golden Horseshoe which promotes infill and intensification of residential development. By the year 2015, the City is to achieve 40% of new residential growth within the built up area through infill projects similar to this one. Official Plan The land is designated Residential. Residential lands near Minor Commercial areas, schools and parks with access on to an arterial road, such as the subject site can be considered for an apartment dwellings if compatible with surrounding development. Such apartments are to be limited in height to 4 to 6 storeys and limited to a maximum density of 100 units /ha (40 un /ac). The proposal conforms to the OP as follows: Zoning Proposed apartment building represents a minor expansion to a previously approved apartment building site. Height (3 storeys) and density (70 un /ha or 28 un /ac) are within the height and density contemplated by the OP for this site. The site has direct access to an arterial road so local roads will not be impacted. The site abuts a Minor Commercial district to the east and is close to schools and parks. Transit services are available on McLeod Rd. The Official Plan requires proposed development be compatible with surrounding development. The additional height is requested to accommodate a peaked roof feature to better reflect the character of the surrounding dwellings to meet this policy; Although setbacks in excess of 23 m (76 ft) will be provided from the residential properties to the rear, it is recommended that the building be moved forward approximately 3 m. (10 ft) toward McLeod Rd and the 2 parking spaces in the front of the building be moved to the rear yard. This will result in a landscaped front yard setback of 10m (33 ft) equivalent to the dwelling to the west and will provide additional room for parking, landscaping and amenity space in the rear yard. The proposed development also reflects the general character of development along McLeod Rd. which has a mix of single detached dwellings, townhouses, low rise apartment dwellings and commercial buildings. The applicant has requested the R5B zone be applied to the whole of the land with site specific provisions to permit the development. This zone is appropriate for a development of this scale and density. Building height is measured to the top of a roof. As such, current zoning standards would allow the applicant to build a 3 storey apartment building with a flat roof. However, the applicant wishes to construct the building with a pitched roof. This pitched roof design will be complementary to the surrounding single detached dwellings. It is recommended that the amending bylaw limit the building to three storeys while allowing this pitched roof design. Side yard setbacks are calculated by measuring one half of the building height. If the proposed building were built with a flat roof, it would have a height of approx. 8.5 m (28 ft) and an interior side yard of 4.25 m (14ft) would be required. - 5 - May 12, 2008 Council Minutes Because the height of the building with a pitched roof is 12.5 m (41 ft), a side yard setback of 6.25 m (20.5 ft) is required. The applicant is requesting one side yard with the equivalent distance as though the building were being built with a flat roof (hence a side yard setback of 4.25 m (14 ft) instead of 6.25 m (20.5 ft)). This is acceptable as a 3 storey building with a pitched roof is not expected to have any greater impacts than a building with a flat roof. To ensure the desired appearance and orientation of the building several other special provisions should include: * A minimum rear yard setback of 25 m (82 ft) and a maximum front yard setback of 10 m (32.8 ft) to ensure the building is sited consistent with the adjacent dwellings. * Landscaped front and westerly side yards * 3 m (10 ft) wide landscaped open space strip for buffering residences to the rear * 4.5 m (15 ft) wide landscaped open space strip between any front yard parking and the front lot line. Site Planning At the site plan stage such matters as grading and servicing, landscaping and fencing, lighting and garbage facilities will be detailed and reviewed. The site plan agreement will ensure the surrounding properties are not adversely impacted by the grading of the subject site, and that lighting for the development does not project onto surrounding properties. Conclusion The proposed Zoning Bylaw amendment can be supported for the following reasons: * It conforms to Provincial policies with the Official Plan policies that apply in the area. * The requested increase in height to accommodate a pitched roof design will not increase the impacts on the neighbouring properties. * Incorporating site specific zoning provisions will ensure the greatest degree of compatibility. Recommendation That Council approve the Zoning Bylaw amendment application to permit a 3- storey 24 unit apartment building with a pitched roof, subject to the recommended provisions outlined in this report. Ken Mitchell, 6361 McLeod Road, expressed his concerns over the traffic implications during construction. He advised that the street has no sidewalks and is concerned for the students walking to school. He requested that the traffic department look into posting a No Parking restriction sign on the street during construction. George Bandi, applicant, advised that while construction is taking place, the church has permitted the workers to use their parking lot. He indicated that because the facility will have no basement, the amount of excavation and heavy machinery will be minimized. Mr. Bandi advised that any fencing, lighting issues will be addressed in the site plan process. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the report be approved as recommended and that the residents be included in the site plan process. Carried Unanimously - 6 - May 12, 2008 Council Minutes PD- 2008 -44 - 26CD -11- 2008 -01, Draft Plan of Condominium, 5521 Drummond Road ( West Side), South of Frederica Street, Owner: Skyview Drum Apts. Ltd. ( Angela lannuzziello) The Director of Planning and Development reviewed the recommendations and provided the following information. Background Applicant proposes to convert the existing 56 unit rental apartment complex to a condominium. The plan of condominium would permit the individual ownership of each unit while the common areas (such as hallways, driveways and open space) would be shared by the condominium corporation. Municipal Rental Housing Policies The City's OP states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below 3 %. The most current vacancy rate information available from Canada Mortgage and Housing Corporation is from the survey conducted in October 2007. The data indicates a vacancy rate of 3.2% for apartment units in Niagara Falls. Public Meeting There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, staff provided notice of this Council meeting to the tenants of the units for information and as a courtesy. The owner has also advised that information was provided to the tenants regarding the proposed condominium conversion. Recommendation It is recommended that the Plan of Condominium be draft approved subject to the standard conditions set out in Planning Report PD- 2008 -44. Clarence E. Nix, 5521 Drummond Road, currently a tenant asked for clarification on the tenants rights during a condo conversion. Angela lannuzziello, representing the applicant, indicated that although the owners or immediate family members of the owners could lead to a tenant having to leave, in this case, the owners have the condo as an investment only. Legislation protects the tenants and does not force them to move or buy their units. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. MISCELLANEOUS PLANNING MATTERS Carried Unanimously 1. Chief Administrative Officer PD- 2008 -39 - Commercial Building & Facade Improvement Grant Application, 5928 Sylvia Place - Feliciano Pingue Plastering Limited - 7 - May 12, 2008 Council Minutes 2. Chief Administrative Officer PD- 2008 -40 - Commercial Building & Facade Improvement Grant Application, 4416 Queen Street - C & A Tartaglia, S. & M. DePietro 3. Chief Administrative Officer PD- 2008 -41 - Brownfields Tax Assistance/ Rehabilitation Grant Application, 3807 Stanley Avenue - 1578891 Ontario Ltd. ( Mark Basciano) 4. Chief Administrative Officer PD- 2008 -43 - Commercial Building & Facade Improvement Grant Application, 5485 Ferry Street - Feliciano Pingue & Sons Construction Ltd. 5. Chief Administrative Officer PD- 2008 -45 - Matters Arising from Municipal Heritage Committee ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the reports 1 -5 be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci offered condolences to the family of Ray Miller, a City employee who's father Lewis Miller passed away. Mayor Salci acknowledged some recent events: Mayor's Youth Advisory Committee completed a successful Battle of the Bands competition and A.N. Myer School hosted the Ontario Student Badminton Championships at Brock University. Mayor Salci advised of some upcoming events: May 17 the Annual Tug- of- Warwill take place between the Niagara Regional Police and the Niagara Falls, New York Police Dept and the Niagara County Sheriff's Dept and the 10 Annual World Challenge Day will take place on May 28 2008. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Lundy's Lane BIA - 2008 Budget RECOMMENDATION: For the Approval of Council 2. Toronto Residents in Partnership - request that the month of June be proclaimed as "Elder Abuse Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. District School Board of Niagara - requesting that June 14, 2008 be proclaimed as "Public Education Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. VON Canada - requesting that May 18 -24th be proclaimed as National VON Week and that a flag raising take place at City Hall on May 20, 2008. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the communications 1 -4 be approved. Carried Unanimously -8- REPORTS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the following property matters and by -laws. PROPERTY MATTERS L- 2008 -14 - Chief Administrative Officer - Declare Surplus and Offer for Sale Liberty Street It is recommended that: 1. Council approve the Agreement of Purchase of Sale ( the "Agreement ") from Benison Investments Ltd. ( the "Buyer ") attached to this Report as Attachment "1 ". 2. That the Mayor and Clerk be authorized to execute the Agreement and the Clerk be authorized to affix the corporate seal thereto. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that L- 2008 -14 be approved as recommended. COMMUNITY SERVICES MATTERS R- 2008 -17 - Emergency 911 Day - Helicopter Landing at Oakes Park. It is recommended that Council approve the landing of the CH -146 Griffon SAR (Search and Rescue) Aircraft at Oakes Park on Wednesday, June 4, 2008. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that R- 2008 -17 be approved as recommended. Carried Unanimously with Councillor Maves declaring a conflict. RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS May 12, 2008 Council Minutes Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on May 12,2008 be approved. Carried Unanimously 1. That the minutes of the April 28, 2008 be deferred. 2. CAO- 2008 -02 - People Mover Project Update That Council authorizes staff to continue working with the People Mover Project to investigate the feasibility of a phased approach to providing RFP2; and That staff investigate the legal implications of the phased approach and a "No Go" decision on existing qualified proponents. 3. New Business That staff meet with Mr. Red Iseppon regarding the possibility of rerouting of trains. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services, on May 5,2008 be approved. Carried Unanimously 1. That the minutes of the April 28, 2008 meeting be adopted as recorded. 2. CPS - 2008 -03 Water /Sewer Rate Structure Update - 9 May 12, 2008 Council Minutes That the additional analysis and public consultations be undertaken to determine what is appropriate for a new water and sewer rate structure. 3. BDD- 2008 -02 Niagara Convention Centre Compliance Team That the Zeidler Partnership be awarded as the Compliance Team for the Niagara Convention and Civic Centre project. That the Mayor and City Clerk be authorized to execute the necessary agreements. That Council authorize staff to prepare the Request For Qualifications and Request For Proposals for the design build construction. 4. MW- 2008 -22 Tender#2008- 176 -06 Kalar Road /McLeod Road to Rideau Street Road Reconstruction and Underground Services That the unit prices submitted by the lowest tender Gibbons Contracting be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. 5. NEW BUSINESS: That staff report to Council on when the Montrose Road bridge is to be closed due to construction. That staff prepare a report on the site plan for Ray's Auto Body and any opportunities for better access. 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- 2008 -19 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $22,720,739.40 for the period March 27, 2008 to April 23, 2008. F- 2008 -20 - Financing Lease Report. It is recommended for the information of the Members of Council. HR- 2008 -01 Workplace Heath & Safety. It is recommended that further to Council's adoption of the workplace health and safety "Community Charter" on March 17,2008, the following is an update on the Corporation's recent efforts to improve workplace health and safety practices and awareness. This report was brought forward to the HR Committee on April 14, 2008 and is now presented for the information of Council. L- 2008 -12 - The Niagara Parks Commission Licence Agreement with the City River Road ( North of Victoria Avenue). It is recommended that a licence agreement ( "the Agreement ") dated May 12, 2008, and made between The Niagara Parks Commission as "NPC" and The Corporation of the City of Niagara Falls as "NF ", whereby the City assumes ownership of an existing storm sewer located north of Victoria Avenue and designated as art 1 on Reference Plan 30R- 11960, be authorized. L- 2008 -13 - Fido Solutions Inc. (Formerly Microcell Connexions Inc.) Licence Amending and Extension Agreement with the City Portion of Marshall Road. It is recommended that Council authorize a Licence Amending and Extension Agreement ( the "Agreement ") with Fido Solutions Inc., to permit the continued operation and maintenance of a telecommunications tower over a closed portion of Marshall Road, designated as Part 1 on Reference Plan 59R -10360 ( "subject land "); and that the Mayor and Clerk be authorized to execute said Agreement. FS- 2008 -01 Purchase of Pumper Truck for Fire Services. It is recommended that Council approves the purchase of a Pumper Truck and associated equipment from Metz Fire and Rescue at a cost of $ 461,377.00 ( plus applicable taxes). MW- 2008 -25 - Adoption of 21.15 meter Road Allowance. It is recommended that Council adopts the 21.15 meter Road Allowance Standard where it is deemed appropriate in the context of proposed new residential development projects. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the reports be approved as recommended. Carried Unanimously 2008 -76 2008 -77 2008 -78 2008 -79 2008 -80 2008 -81 2008 -82 - 10 - May 12, 2008 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by -laws be given a first reading. Carried Unanimously 2008 -75 A by -law to permanently close part of a highway. (Liberty Street) A by -law to declare Liberty Street Plan 35 Stamford (aka Gladstone Avenue) between Stamford Avenue and Highway 420; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. A by -law to authorize the execution of an Agreement of Purchase and Sale with Benison Investments Ltd. respecting the purchase of lands being Liberty Street Plan 35 Stamford (aka Gladstone Avenue) between Stamford Avenue and Highway 420; in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of a Licence Agreement with The Niagara Parks Commission respecting the transfer of an existing storm sewer. A by -law to establish Part Township Lot 148 Stamford designated as part 3 on Reference Plan 59R -13393 as a public highway, to be known as and to form part of Dorchester Road. A by -law to authorize the execution of a Licence Amending and Extension Agreement with Fido Solutions Inc. respecting the operation and maintenance of transmission- reception antennae for the purpose of telecommunications and broadcasting. A by -law to establish Part Block F Plan 5, designated as part 4 on Reference Plan 59R -13060 as a public highway, to be known as and to form part of Dorchester Road. A by -law to establish Part Portage Road Plan 1 designated as Part 1 on Reference Plan 59R -11556 as a public highway, to be known as and to form part of Portage Road. 2008 -83 A by -law to amend By -law No. 79 -200, to permit the development of two apartment dwellings on the land. (AM- 33/2007) 2008 -84 A by -law to authorize the payment of $22,720,739.40 for General Purposes. 2008 -85 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of May, 2008. - 11 - May 12, 2008 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by -laws be read a second and third time and passed. Day of Mourning ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that a resolution be sent to the Minister of Education and our local school boards requesting that an annual day of mourning be observed in our high schools. OMB - " SLAPP" Legislation (Strategic Lawsuits Against Public Participation) ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council support the City of Toronto resolution. Old YMCA ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the No Parking restriction in front of the old YMCA be removed immediately and enforcement ceases. Kiwanis Club A discussion occurred regarding about the Kiwanis Club having an opportunity to address Council on the bench issue. It was indicated that the organization always has an opportunity to seek a deputation but Council's direction regarding the park benches has been articulated. NEW BUSINESS Carried Unanimously Carried Unanimously Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor Mayes, seconded by Councillor Thomson that the meeting be adjourned at 8:15 p.m. Carried Unanimously D AN IOR IDA, CITY CLERK R.T. (TED) SALCI, MAYOR