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2008/06/23TWELFTH MEETING IN CAMERA MEETING Council met on Monday, June 23, 2008 at 4:00 p m in an In Camera Session All members of Council except Councillor loannoni were present. Councillor Pietrangelo presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session DEAN IO' F IA, CITY CLERK R T (TED) SALCI, MAYOR Senior of the Year Provincial Soccer Champions REGULAR COUNCIL MEETING Council met on Monday, June 23, 2008 at T20 p.m for the purpose of considering Regular Business matters. All members of Council except Councillor loannoni were present. Councillor Diodati offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the minutes of June 9, 2008 be approved as printed. Carried Unanimously Committee Room 2 June 23, 2008 DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict to an the In Camera matter related to the CUPE collective agreement. DEPUTATIONS /PRESENTATIONS Carol Gillespie was recognized for being selected Senior of the Year. Mayor Salci presented Ms Gillespie with an award from the Ontario Honours and Awards Secretariat and congratulated her on her accomplishments Mayor Salci congratulated the members of the Senior Boys Soccer O.F S.A.A. and presented plaques to the members for winning the O.F.S.A.A. Champions. Team Members were: Sergio Cartes Martin Lucas Folino Dustin Maiolo Justin. Shugg Tyler Tonet Christopher Webb - 2 - June 23, 2008 Council Minutes James DeFilippis Mitchel Gartner Christopher Marchese Kevin Smyth Mario Trapasso Daniel Zappitelli Head Coach. Pat Ricci, Coaches: Sandro Secca & Dom Scozzafava & J P Verrucci PLANNING MATTERS Joseph DeFilippis Robert Kearns Anthony Perry Joseph Taddeo Giulian Tropea PD- 2008 -56 - AM-2008-009, Official Plan and Zoning By -law Amendment Application for Conversion and Expansion of an Existing Dwelling into a commercial Use. Applicant: 1108846 Ontario Limited (Amedeo Condotta), Agent: Brian Sinclair, Q.C. The Director of Planning and Development reviewed the recommendations and provided the following information Background The applicant has requested an amendment to the Official Plan to allow for a commercial use by special provision. The land is requested to be rezoned to a site specific Neighbourhood Commercial zone to permit commercial purposes. The applicant wishes to convert the existing dwelling to an office and expand the existing building into 750 m (8070 sq ft) commercial building. Planning Analysis Official Plan Subject land is designated Residential which provides for a variety of residential dwelling types. Lands fronting onto Thorold Stone Rd between Drummond & Dorchester are to develop with low rise apartments due to their location on an arterial road and their proximity to commercial districts Multiple residential units close to commercial areas to ensure a population to support the viability of planned commercial areas These lands are intended to assist the City in meeting housing targets required under Provincial policies The site has been prezoned and has sufficient size to be developed for 12 apartment units. The Official Plan would allow additional dwelling units to be considered Removal of these lands from the inventory of properties for residential redevelopment will reduce the opportunities for the City to meet residential intensification targets in the future. Commercial development is intended to be directed to commercially designated nodes. The City's OP recognizes two commercial districts in close proximity, the Major Commercial Stamford Retail district and the Minor Commercial district at Thorold Stone Rd. and Dorchester Rd. The City's planning program is designed to prevent further strip commercial development from occurring between these nodes and to protect the residential area between the nodes for intensified forms of residential development. A large scale office development like the one proposed is more appropriately directed to one of these two commercial districts. - 3 - June 23, 2008 Council Minutes The two restaurants in the vicinity are anomalies due to their long term historic presence Zoning The subject land is pre -zoned Residential Apartment 5A Density (R5A) to facilitate redevelopment with multiple residential dwellings. The request is to rezone the site as specific Neighbourhood Commercial (NC) zone to permit it to be used for commercial purposes. The site specific provisions are as follows. The site specific provisions would permit not only an office, but also a bake shop, bank, clinic, library, personal service shop, retail store, service shop, veterinarian office and second floor dwelling units. A restaurant and an adult store are two uses not being requested by the applicant. All of these uses can be accommodated in the commercial districts to the west and east of the site. The commercial uses represent an intrusion into an area where commercial uses are not contemplated. Should the application be approved it should be limited to the office use with zone regulations. Conclusion • To eliminate the 230 sq m (2475 sq ft) floor area limit per commercial unit ► Increase the height of the building from 8 m (26.2w ft) to 10 m (32 8 ft), • Reduce the front yard setback from 15 m (49 2 ft) to 5 m (16 4 ft) • Establish site specific lot coverage and landscaped open space standards to reflect the proposal The Official Plan and Zoning By -law amendment application to permit the existing dwelling to be converted and expanded into a commercial use cannot be supported for the following reasons ► It does not comply with the intent and purpose of the Official Plan which are to direct commercial growth and provide for an adequate range of residential units to meet the City's long term needs • There is sufficient opportunity to locate this use in nearby commercially designated areas ► The rezoning would remove lands from the finite inventory of multi family lands. There is a need to retain the subject land of the nearby lands fronting onto Thorold Stone Road for residential intensification. Recommendation That Council deny the Official Plan and Zoning By -law amendment for the requested commercial use. Brian Sinclair, agent for the applicant advised that the building use is logical for this location, which has a commercial presence. He advised that a neighbourhood meeting was held and the residents' concerns were addressed He advised that there is 65ftbetween the building and the lot line of the Crawford Street residences, which is a greater separation than the distance between those residences and the apartment building, which has balconies enabling people to see into the backyards on Crawford Street. Mr Sinclair indicated that the Insurance business is typically 9 to 5 and has very little public traffic The Public meeting is now closed. - 4 - June 23, 2008 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that Council approve the application as per the Site Plan in schedule 2, that the uses be limited to office and clinic, and that the neighbours be invited to participate in the Site Plan process. Motion Carried with Councillor Wing opposed. PD- 2008 -55 - AM- 2008 -010, Zoning By -law Amendment Application for a Proposed Gasoline Bar and Retail (convenience) store. Applicant: 1746951 Ontario Inc. (Max Schoemer, President), Agent: Chris Cristelli The Director of Planning and Development reviewed the recommendations and provided the following information: Background The applicant has requested a Zoning By -law amendment fora 1,340 sq m (0.33 ac) parcel of land to add a convenience store use as a use with the existing Automobile Service Station and Gasoline Bar (AS) use. Also the requested zoning is to be amended site specifically to reduce the interior (east) side yard, reduce rear (north) yard setback for the canopy and increase the lot coverage. The applicant intends to re- establish a gas bar on the site and operate with a convenience store Planning Analysis Official Plan The lands are designated Residential which allows some neighbourhood commercial uses but would not typically allow new gasoline bars. The preferred location for a gas bar is along arterial roads within commercially designated areas. Stanley Avenue is an arterial road. The existing Automobile Service Station and Gasoline Bar (AS) zone is allowed under the Official Plan policies for non - complying uses The requested zoning to allow a retail store use is typical of the type of use permitted under neighbourhood commercial policies The application reflects a trend where gasoline bars provide convenience goods to their customers in addition to fuel. Zoning The land is zoned Automobile Service Station and Gasoline Bar (AS). The following Site specific provisions have been requested to ► Add a retail store as a use ► Limit the size of the store to the proposed 120 sq m (1,292 sq ft) ► Reduce the interior side yard setback from 10m (32.8 ft) to 0 4m (1.3 ft) which recognizes the setback of the existing building As the abutting property to the east is zoned for a contractor's office and storage area, the reduction does not have any negative impacts ► Increase lot coverage from 5% to 22% to permit a canopy over the gas pumps to shelter customers as well as to recognize the existing building and permit a minor expansion thereto. The requested lot coverage is less than that allowed on surrounding properties. The current standard reflects a smaller canopy size from a time when full service gas stations were the norm. ► Reduce the canopy setback from the north lot line from 6m (19.7 ft) to 4.2m (13.8 ft). This is relatively minor and acceptable provided the gas pumps Conclusion Recommendation - 5 - June 23, 2008 Council Minutes remain at least 6m (19.7 ft) away from the lot line Required fencing will assist in ensuring the gasoline bar is screened from the lot to the north The zoning by -law requires a wooden close board fence at least 1.2m (3 9 ft) high between commercial and residential zones. The applicant is proposing a wooden fence 1.8m (5.9 ft) high between the land and adjacent properties, with a reduction in height close to street lines to ensure visibility at driveways. Through site plan control, a fence of this height will be of a design that adequately screens adjacent residences To further mitigate impacts on surrounding properties and improve the appearance of the site it is recommended that the zoning by -law secure a 3m (10 ft) wide landscaped strip along McRae St. and a 2.4m (8 ft) wide strip along Stanley Ave except for driveway areas and a 1 5m (5 ft) wide strip along the other two property lines The proposed Zoning By -law amendment to add a retail store to the existing AS zone can be supported for the following reasons: ► It complies with the Official Plan; • The provision of site specific regulations for store size, lot coverage, building setbacks and landscaping, the development is not expected to impact on the surrounding residential properties; and ► Development will be subject to a Site Plan Agreement That Council approve the Zoning By -law amendment application to add a retail store to the existing Automotive Service Station and Gasoline Service Station, together with site specific provisions for the subject property Ron Lefebvre, owner of several properties in the area, expressed some concern about the setbacks of the proposed application and inquired about the maintenance of the property. Chris Cristelli, agent for the applicant, advised that advised that the facade of the building will be changed and, once approved, the property would obviously be improved. Other aesthetic issues would be dealt with through the site plan process. Mr. Cristelli questioned the need for additional area for the daylight triangle but it was explained that the requested amount is standard when you have the intersecting of an arterial and local road The Public Meeting was Closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the report be approved and that Mr. Lefebvre be included in the site plan process. Carried Unanimously PD- 2008 -61 - AM- 2008 -011, Zoning By -law Amendment Application for a Proposed General Commercial Zoning, 4354 Drummond Road & Portage Road ( West Side), Owner: Kargo Properties Inc. The Director of Planning and Development reviewed the recommendations and provided the following information: Background The subject land is currently zoned General Commercial with site specific provisions to permit a mixed residential and commercial use on the overall property with special development provisions. The applicant has requested the zoning be changed to the standard General Commercial zone that previously existed on the land. Planning Analysis Official Plan The City's Official Plan designates the subject land Major Commercial. This area forms part of the Stamford Retail District where a full range of commercial retail uses are promoted. Zoning - 6 June 23, 2008 Council Minutes The current zoning would require the whole of the lands to be used for development of a mixed use commercial /residential building. The Committee of Adjustment granted approval of a severance to create two separate commercial lots A condition of approval is to zone the land to the standard General Commercial (GC) zone category. The GC zone is the same zoning category as the majority of the land in the area and previously existed on the site Conclusion Approval of the requested amendment would satisfy a condition of the related severance application. The proposal complies with the Official Plan and is supported by staff. The current proposal to create two lots is an acceptable alternative to the earlier approval. Recommendation That Council approve the Zoning By -law amendment application to change the zoning of the subject land to the standard General Commercial zone. The Public Meeting was closed. ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the report be approved as recommended. MAYOR'S REPORTS, ANNOUNCEMENTS Carried Unanimously UNFINISHED BUSINESS 1 CPS - 2008 -06 Garner Southwest and Grassy Brook Sanitary Service Areas 2. L- 2008 -15 Borrowing for Capital Expenditures ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that reports CPS - 2008 -06 and L- 2008 -15 be deferred to the next meeting. Carried Unanimously Mayor Salci offered condolences to Greg Gardiner, Fire Services, whose father Graham passed away; to Lorraine Racine and Ralph Racine, city employees, on the loss of their father, Florent Racine and to the family of Len Burke, who was a former city employee - 7 - June 23, 2008 Council Minutes Mayor Salci advised of some recent events: a meeting of the International Joint Commission, which deals with the Great Lakes, was held on June 10 June 18 was the kick off for Celebration 2012, the 100 anniversary of the War of 1812, June 23 was the 50 Anniversary of the OPP detachment in Niagara. Mayor Salci advised of some upcoming events: This week marks the graduation of all 5 area high schools, this week will be the Rotary International Golf Tournament; Canada Day Celebrations will take place on July 1s 2008 Councillor Pietrangelo exited chambers ORDERED on the motion of Councillor Diodati, seconded by Councillor Kerrio that meetings be arranged with the Minister of Energy and Infrastructure, Minister of Tourism and Minister of Culture at the upcoming AMO conference. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 a) Fallsview B.I.A. - request for approval of their 2008 budget. -and- 1b) Victoria Centre B.I.A. - request for approval of their 2008 budget. RECOMMENDATION: For the Approval of Council. RECOMMENDATION. For the Consideration of Council. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the budgets be approved. Carried Unanimously 2. Regional Municipality of Niagara - requesting comments from lower -tier municipality on tourist exemption applications for A& P Food Store, 3770 Montrose Road and Home Depot, 7190 Morrison Street. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the requests be approved Carried Unanimously 3. Martin Sheppard Fraser - requesting to appear at Community Services Committee on July 7, 2008 to ask Council to rescind their motion from 2000 to return 6335 Crawford Street to green space. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the request for reconsideration be approved Motion Carried with Councillor Wing opposed REPORTS CD- 2008 -09 - Prey Niagara Night Club, 5890 Main Street It is recommended that: 1. Council pass the resolution opposing the issuance of a liquor licence at 5890 Main Street; and 2. That Council direct staff to participate at any future liquor licence hearings or conference calls pertaining to the above noted application. -AND- RECOMMENDATION For the Consideration of Council. Councillor Pietrangelo returned to chambers. 1 The minutes of the June 9, 2008 meeting be approved. 3 MW- 2008 -38 DWQMS Coordinator Position 6. TS- 2008 -37 Charlotte Street Parking Review 8 - June 23, 2008 Council Minutes NO. 16 - WING - FISHER therefore be it resolved that the issuance of a liquor licence at 5890 Main Street (Prey Night Club) is not in the public interest having regard to the needs and wishes of the residents of Niagara Falls. ORDERED on the motion of Councillor Wing, seconded by Councillor Fisher that the report and resolution be approved as recommended. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Community Services Committee, on June 23,2008 be approved. Carried Unanimously 2. That the presentation on behalf of Warren DAC Investment Limited regarding the Warren Woods Master Plan be referred to staff. That Council authorize staff to hire the new position of Drinking Water Quality Management System Coordinator. 4) BBS- 2008 -01 Update on Stamford Green Drive Complaint - Statistical Information on "Clean Yard By -law" 1 That Council receive, for information, an update on the status of 6601 Stamford Green Drive. 2. That Council Direct staff to proceed with amendments to the Zoning By -law placing controls on side and rear lots. 3 That staff prepare a report responding to Mr. Vacca's letter. 4. That staff review the need for additional enforcement and staff. 5 R- 2008 -24 Recreation Property and Building End Use Update 1. That the former Parks, Recreation and Culture building located at 7565 Lundy's Lane not be demolished at this time. 2. That Council seek an offer from Mr. Felix Pingue to refurbish the former Parks, Recreation & Culture Building at no cost to the City of Niagara Falls. 3. That Mr. Pingue provide a detailed building end use plan with specific space utilization within six months. 4 That an update report be brought back to Council for approval once the end use plan is submitted. #2 - 9 - June 23, 2008 Council Minutes That permit parking control be installed on both sides of Charlotte Street. NEW BUSINESS: 7.) That staff prepare a report on the sale of the Walnut Street laneway. RATIFICATION OF " IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that: 1. Based on the arbitrator's decision, committee recommends passing of the By -law on the Council agenda related to the 2006 - 2008 Collective Agreement with the Niagara Falls Professional Fire Fighters Association, and 2. In light of the union ratification earlier this evening, committee recommends the approval of the collective agreement with the Canadian Union of Public Employees (CUPE) and that the wage increase apply to non -union staff Carried Unanimously with Councillor Wing declaring a conflict on 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 -25 - Vaughan Municard Report. It is recommended for the information of the Corporate Services Committee. MW- 2008 -36 - Tender #2008 -03 - Asphalt Overlay Phase One. It is recommended that the unit prices submitted by the lowest tenderer Lafarge Canada Inc. be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2008 -37 - Tender T -13 -2008 - New Equipment Purchase. It is recommended that 1 The tenderer for the purchase of One (1) Latest model Tandem Dump Truck, All Season Combination Equipped with Power Operated Snowplow & Wing be awarded to Eastgate Truck Centre of Hamilton in the amount of $ 198,829.15 , and 2. That staff be authorized to sign the necessary Purchase Order and related documents associated with this purchase. PD- 2008 -57 - Former Carnegie Library Building Restoration Work , 5017 Victoria Avenue. It is recommended that Council approve the proposed scope of work to be completed on the wood soffit and fascia and the down spouts on the former Carnegie Library as outlined in the report. PD- 2008 -58 - CB & FIG - 17/2008, Downtown CIP Commercial Building Grant Application, 4573 -4583 Queen Street, Joe Mrkalj - Orchid Bar & Restaurant (formerly Daily Planet). It is recommended: 1. That Council approve the above noted application for a Commercial Building Grant in the amount of $10,000 to replace the roof of a commercial building subject to meeting the program requirements including the entering into an agreement with the City; and 2 That if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement for the building improvement. R- 2008 -25 - Niagara Catholic District School Board Agreement ( Notre Dame Play Space). It is recommended: 1. That the City of Niagara Falls enter into a renewal agreement with the Niagara Catholic District School Board for the joint funding and use of a creative playspace at the Notre Dame Elementary School, and 2. That the Mayor and Clerk be authorized to sign the agreement. TS- 2008 -39 - Billboard Sign Lease Extension Municipal Lot #20 - Vann Media. It is recommended 1. That Council approve a five -year extension to the lease with Vann Media Inc To maintain a billboard type sign on Municipal Lot # 20 ( Palmer Avenue and Bender Street), and 2 That the Mayor and City Clerk be authorized to sign the said extension ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the reports be approved as recommended. 2008 -95 2008 -97 2008 -98 2008 -100 Niagara Region Public Open House - 10 - June 23, 2008 Council Minutes BY -LAWS NEW BUSINESS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously Carried Unanimously A by -law to establish Part Lot 9 Plan 326 Niagara Falls designated as Part 3 on Reference Plan 59R -13699 as a public highway, to be known as and to form part of Rosedale Drive. 2008 -96 A by -law to authorize the payment of $ 23,659,504.62 for General Purposes A by -law to amend By -law No 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Parking Prohibited, Stopping prohibited, Stop signs at Intersections) A by -law to amend By -law No 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Limited Parking, Parking Prohibited, Stopping Prohibited, Speed Limits on Highways - (Part 4 - 80 Km /h) HeximerAvenue). A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling (AM- 2008 -003) 2008 -101 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9 day of June, 2008 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed Carried Unanimously Niagara Region's Waste Management Services Division is hosting a series of public open houses, the one in Niagara Falls is being held on June 26 at City Hall in Council Chambers. - 11 - June 23, 2008 Council Minutes ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 8:30 p m Carried Unanimously DEAN 10 A, «ITY CLERK R.T (TED) SALCI, MAYOR