2008/07/07DEAN IORF
NEDCO
l
A, CITY CLERK
THIRTEENTH MEETING
IN CAMERA MEETING
Council met on Monday, July 7, 2008 at 6:30 p.m. in an In Camera Session All
members of Council except were present. Councillor loannoni presided as Chairman
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
REGULAR COUNCIL MEETING
Council met on Monday, July 7, 2008 at 7:15 p m. for the purpose of considering
Regular Business matters. All members of Council were present. Councillor loannoni
offered the Opening Prayer
Councillors Diodati and Pietrangelo absent from Chambers.
Following the opening prayer, Brandon Lanese, 10 year old student at St. Vincent
de Paul School sang the National Anthem
ADOPTION OF MINUTES
Councillors Diodati and Pietrangelo returned to chambers.
/
DEPUTATIONS /PRESENTATIONS
Committee Room 2
July 7, 2008
R T. (TED) SALCI, MAYOR
ORDERED on the motion of Councillor Fisher, seconded by Councillor Mayes that
the minutes of June 23, 2008 be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
CouncillorWing indicated an indirect pecuniary interest on By -law 2008 -117, related
to with her spouse's employment.
Councillor Kerrio indicated a conflict to report F- 2008 -26, tax rebate to his
properties.
Councillor Fisher indicated a pecuniary interest to cheque no 320290, a tax rebate
Dennis Parass, Board Chair for the Niagara Economic Development Corporation
and Patrick Gedge, Chief Executive Officer, made a brief presentation to Council outlining
the structure and board of Directors for NEDC. They also provided Council with the
functions, economic strategies and policies.
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Council Minutes
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher
that Regional Councillor Norm Puttick be permitted to speak.
Carried Unanimously
Regional Councillor Norm Puttick was present and spoke of the concerns he had
with NEDCO and duplication of economic services.
Background
PLANNING MATTERS
PD- 2008 -62 -AM- 2008 -017, Zoning By-law Amendment Application, 6269 Dorchester
Road (West Side), Opposite Stokes Street, Applicant: 1688846 Ontario Limited (Louie
Buordolone), Proposed Townhouses and Semi - Detached Dwellings
The Director of Planning and Development reviewed the recommendations and
provided the following information:
The amendment requested is for a 5,135 8 sq m (1,269 ac) parcel of land on the west side
of Dorchester Rd south of Lundy's Lane and opposite Stokes St.
The applicant proposes to develop the site with 8 townhouse units and 4 semi- detached
units on a private driveway with access to Dorchester Rd
The subject land is currently zoned Residential Single Family with site specific provision
which permits a mixed residential development of 4 lots for single- detached dwellings and
an apartment building containing 8 units.
The applicant has requested the zoning to be changed to the Residential Low density,
Grouped Multiple Dwellings (R4) zone with site specific development standards to permit
the proposed bungalow townhouses and semi - detached dwellings.
Official Plan
The proposal complies with the policies of the Official Plan and Provincial Planning
policies.
The City's OP designates the subject land Residential.
The policies of the plan support a variety of housing forms and densities.
A compatible mix of dwelling types is promoted to provide a full range of housing options
throughout the municipality.
The OP encourages a more intensive use of vacant residential land and underutilized
parcels.
Infill developments such as this proposal contribute to the City's supply of housing units
and are an efficient use of existing services that minimize municipal costs.
The OP permits residential densities of up to 25 un /ha (10.1 un /ac) for single and semi-
detached housing and up to a maximum of 50 un /ha (20.2 un /ac) for townhouse
development.
The density of the proposed development is 23.37 un /ha (9.46 un /ac) which is low for
multiple residential unit projects. This provides a gradation of density with respect to the
surrounding single- detached homes and is similar to other bungalow townhouses in the
City.
The application is consistent with the Provincial Policy Statement and the Growth Plan that
promote intensification and the efficient use of land and infrastructure.
Zoning
3
Conclusion
July 7, 2008
Council Minutes
The requested Zoning Bylaw amendment is appropriate as follows:
The applicant requests an alternate housing mix by the same number of units (12) that are
currently permitted in the approved zoning bylaw
The new proposed layout of the bungalow townhouse units and semi - detached units
should also improve the compatibility with the abutting properties
Site specific R4 zoning bylaw provisions are required to implement the submitted design.
The height of the dwelling units will be restricted to 7.5 m (24.6 ft) compared to the
standard 10 m (32.8 ft) allowed for abutting properties
Each unit will be required to provide an attached 2 vehicle garage with a setback of 6 m
(19.6 ft) to provide additional vehicle parking in the driveway.
An amenity area is required for each unit and the typical depth of a private amenity space
is 7 5 m (24.6 ft), which is provided at the rear of the units on the west limit of the site The
rear yards of the dwellings at the north boundary are proposed to be 6.5 m (21.3 ft) which
is acceptable for this infill development.
The amenity area for the semi- detached dwelling at the south of the property is at the side
of each unit, much like a corner lot. The setback of these dwelling units to the south is 3
m (9.8 ft) with the exception of the area behind the garages where 1.5 m (4 9 ft) is
provided. The side yard width exceeds the requirement for a semi - detached unit.
The requested amendment is recommended for approval. The proposal complies with the
Official Plan and Provincial planning policies. The application provides an improved
residential design for the site that will be compatible with the neighbourhood.
Recommendation
That Council approve the Zoning Bylaw amendment application to change the zoning of
the subject land to a Residential Low Density, Grouped Multiple Dwellings (R4) zone with
site specific development standards as detailed in this report to permit 8 townhouse
dwelling units and 4 semi - detached dwelling units.
Louie Buordolone, representing the applicant, advised Council that this property is
under new ownership. He has reviewed the staff report and concurs He asked that council
approve the staff report as recommended.
The Public Meeting was now closed
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves
that the report be approved as recommended.
Carried Unanimously
PD- 2008 -63 - AM- 2008 -018, Zoning By -law Amendment Application, 4415 Montrose
Road, Applicant: Michael & Salvatore Mannella, Proposed 3 -Unit On- Street
Townhouse Dwelling.
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Background
The applicants have requested an amendment to the Zoning By -law for a 669 sq m (7200
sq ft) parcel of land to construct a 3 unit on- street townhouse dwelling.
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Council Minutes
The applicant is requesting the property be rezoned to Residential Mixed (R3) to permit the
development.
Site specific provisions are requested to permit an increase in lot coverage, an increase
in driveway width and decreased side yard setbacks.
Planning Analysis
Official Plan
The land is designated Residential by the OP which permits a range of housing forms.
On- street townhouses up to 3 storeys in height with a density of 50 un /ha (20 un /ac) are
to be located primarily on collector roads and integrated with other forms of housing.
Infill residential development is to be designed to achieve compatibility with the surrounding
area in terms of density, building mass, setbacks and appearance
The requested amendment is appropriate for the following reasons:
• the size and configuration of the subject land provides for a modest increase
in intensification from 2 units to 3.
► With a density of 45 un /ha (18 un /ac) the proposal is within the density range
contemplated for townhouse dwellings and provides a transition from single
detached dwellings, commercial and townhouse developments in the area.
► The scale, massing and appearance of the development is similar to what
can be developed on the property currently, and would be compatible with
single detached dwellings to the south.
► The appearance, height and setbacks of the building are to be consistent
with the adjacent single detached dwellings. The office to the north will not
be impacted by a 2 storey dwelling. The site has direct access to an arterial
road Local roads will not be impacted by the proposal.
The subject site is zoned Residential Single Family and Two Family (R2)
The requested Residential Mixed (R3) zone will permit an on- street townhouse dwelling.
Requested site specific provisions to accommodate the proposal are acceptable as follows:
Conclusion
• Site will meet the lot area per unit requirement.
► Reduction in the side yard setback from 3 m (9.8 ft) to 1.8 m (5.9 ft) reflects
the side yard setbacks that apply if a semi - detached dwelling is constructed
on the property The subject proposal contains only 3 units and has the
massing more typical of a semi - detached dwelling and therefore, it is
appropriate to maintain the side yard setbacks applicable to a semi - detached
dwelling
• The applicant proposes to provide a hammerhead turn around for each unit
to allow for turning of vehicles and safely exiting onto Montrose Rd in a
forward direction as opposed to backing out onto a busy street. To satisfy
the Region of Niagara it is recommended that up to 75% of the front yard be
permitted to consist of driveway area.
► Parking requirements are proposed to be reduced from 1.4 spaces /unit (4 in
total) to 1 space /unit (3 in total). This standard is what is required for units
in a semi - detached dwelling This reduction is acceptable as the design
allows for two spaces to be provided for each unit (1 in driveway, 1 in
garage).
The proposed Zoning By -law amendment to permit a 3 unit townhouse dwelling on the
property can be supported for the following reasons:
• It complies with the Official Plan with respect to density, compatibility with
existing character and built form.
I. The requested R3 zone for street townhouses is consistent with the form of
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Council Minutes
development permitted under the R4 zone in close proximity; and
► The modifications to the zone regulations represent appropriate development
standards for the proposed townhouse development.
Recommendation
That Council approve the Zoning Bylaw amendment application to rezone the land
Residential Mixed (R3) to permit a 3 -unit on- street townhouse dwelling on the land, subject
to the standards recommended in this report.
Henry Del Mundo, 4431 Montrose Road, expressed some of his concerns with this
proposed development. He believes the property is not suited for R3, the tenants will be
cramped and there will be insufficient parking. Also, he was concerned about the noise
disturbances and the Toss of privacy
Liz Mallett, 7659 Alpine Drive, inquired about fencing issues and asked that the
applicants replace the current chain link fence.
Michael Mannella and Salvatore Mannella, applicants, advised that the parking for
the proposed townhouse meets the amount required by the City's by -law It was indicated
that in addition to the dedicated parking spots, there will be single car garages for each
unit. The hammerhead turnaround will prevent backing into Montrose Road They are
amenable to a new fence. It was pointed out that the current zoning would allow a duplex,
so they are merely adding one unit and the units will be listed at over 200 thousand dollars
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the report be approved as recommended with an amendment that the
residents be included in the site plan process.
Carried Unanimously
UNFINISHED BUSINESS
CPS - 2008 -06 - Chief Administrative Officer - Garner Southwest and Grassy Brook
Sanitary Service Areas
The report recommends that the interim funding of the Garner Southwest and
Grassy Brook Sanitary Service Areas projects continue from reserve funds until
development charge revenues hae been received for these projects
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the report be approved as recommended.
Motion Carried with Councillors Fisher, Wing and loannoni opposed
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
staff brings back a report outlining the 2007 Development Charges and Reserve Funds
Carried Unanimously
L- 2008 -15 - Chief Administrative Officer - Borrowing for Capital Expenditures
The report is recommended for the information of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the report be approved as recommended.
Carried Unanimously
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Council Minutes
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Salci offered condolences to Sue and Wayne Patrick, Niagara Transit
employees for the recent loss of Wayne's mother, Doris Ethel Patrick, and to the family of
the late Judge Donald Wallace, a former City Alderman (1973 -1975)
Mayor Salci advised of some recent events: July 1S marked the annual Canada Day
parade and celebration, the past Saturday was a BBQ held by the residents of Cavendish
manor in appreciation for the assistance in the rescue effort at Cavendish at the May 14
fire
Mayor Salci advised of some upcoming events: the 2008 Great Lakes St. Lawrence
Cities Initiative Annual Conference will be held in Toronto next week, and as part of
"Celebrate Old Downtown ", Tuesday evenings car shows will be taking place downtown.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 Municipal Heritage Committee - requesting Council's support of the City of
Thorold resolution requesting federal tax incentives for the rehabilitation of heritage
buildings etc. and informing Council of the committee's opposition to the Prey
Nightclub.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo
that communication be approved.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS
1 The minutes of the June 23, 2008 meeting be approved
2 TS- 2008 -38 - Request to Park on Boulevard
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
the actions taken in Community Services Committee, on July 7,2008 be approved.
Carried Unanimously
That staff work out a lease with the property owner to allow parking 15 metres from
the corner and staff investigate a the installation of a safety barrier to prevent
parking within 15 metres of the corner.
3 PD- 2008 -53 - Request for an Additional Access Ray's Auto Sale - 4874 Bridge
Street
Staff investigate an additional access on 1st Avenue and how to accommodate the
display of vehicles on the property
4 MW- 2008 -39 - Stamford Town & Country Florist - 6339 Crawford Street
That Committee recommend that Council rescind its original direction and allow
the property to remain paved.
5. PD- 2008 -60 - Planning for Employment - Background Paper from Ministry of
Public Infrastructure Renewal
That Committee forward this report to the Ministry of Public Infrastructure Renewal,
Region of Niagara and Area Municipalities.
7 July 7, 2008
Council Minutes
6. MW- 2008 -35 - Fernwood Estates - External Servicing
1) That the City enter into an agreement with the developer of Fernwood
Estates to carry-out the external servicing required for the subdivision.
2) That the Mayor and City Clerk be authorized to execute the agreement.
7 R- 2008 -26 - Smart Centres - Allocation to Bike Lane Millennium Trail
That staff investigate the applicability of Development Charges for development of
the Millennium Trail.
8. TS- 2008 -42 - City of Niagara Falls Speed Control Policy
That the documented titled "Policy and Procedure for Initiating, Reviewing and
Implementing Speed Control Program" be adopted
9. PD- 2008 -65 - Request by the Downtown BIA to Allow For Activities along
Queen Street
1) That the use on sidewalks and parking spaces along Queen Street for
various activities from April 1s to October 31s be approved, subject to the
proposed guidelines that form part of this report and a review of the activities
be carried out at the conclusion of the season; and
2) That the placement of new signage and street banners at strategic corners
in the Downtown area to help promote and direct people to the Downtown be
approved; subject to satisfying the City's Region's and Niagara Parks
Commission's sign requirements.
3) That the revised sandwich board sizes as requested by the BIA be approved.
10. BDD- 2008 -04 - OPG Contingency Fund for Downtown Events
That up to $50,000 from the OPG tourism and promotion contingency fund be
allocated for the promotion of downtown events being held throughout this summer.
RATIFICATION OF " IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that:
1. That Council declines the offer of Warren DAC Investments to purchase the
Montrose Business Park at this time;
2. That the City not sell the City -owned property on Buttrey Street, at this time, and
staff investigate the availability of adjacent property;
3. That Council approve the Agreement of Purchase and Sale, for lands located on the
east side of Dorchester Road between the railroad tracks to the south and Morrison
Street to the north, from Hodan Investment Corporation and that the Mayor and
Clerk be authorized to execute the Agreement of Purchase and Sale and the Clerk
be authorized to affix the corporate seal thereto; and
4. That Council approve an Agreement with Giovanni Mussari and Rose Mussari
( "Mussari ") for the conveyance of an easement to protect a sanitary sewer located
under a garage on their property, and that the Mayor and Clerk be authorized to
execute said Agreement.
Carried Unanimously
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July 7, 2008
Council Minutes
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE
MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS
CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL
SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR
MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE
CONSIDERED SEPARATELY.
F- 2008 -26 - Cancellation, Reduction or Refund of Taxes. It is recommended that the
cancellations, reductions or refunds of taxes on the various accounts per attached
summary be approved and granted to the property owners listed.
F- 2008 -27 - Municipal Accounts. It is recommended that Council approve the municipal
accounts totaling $7,473,307.10 for the period May 22, 2008 to June 18, 2008
TS- 2008 -41 - Automated Bus Stop Announcement Technology. It is recommended that
this Report e received for the information of the Council.
TS- 2008 -36 - Niagara Falls - Fort Erie Inter- Municipal Transit Agreement. It is
recommended that Council approve the municipality entering into an agreement with the
Corporation of the Town of Fort Erie to supply transit service; and that the Mayor and Clerk
be authorized to execute the necessary agreements.
TS- 2008 -40 - Pettit Avenue at Sherwood Intersection Control Review. It is
recommended that the existing yield sign facing westbound motorists at the intersection
of Pettit Avenue and Sherwood Road be replaced with a stop sign.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the reports be approved as recommended.
BY -LAWS
Carried Unanimously
Josh Kaufman, of Smart!Centres, provided Council with a brief overview of the
project. Mr. Kaufman then indicated that he was objecting to the terms in the by -law related
to siting of the building. Mr. Kaufman felt such an issue should be dealt with at site plan
phase and its writing into the by -law could lead to an appeal and delay to the project.
Council were reminded of their decision and discussion ensued on the lack of appeal
mechanism when certain issues are not written into the zoning by -law. When advised of
the statutory process that would have to be followed (i e., a public meeting) to revisit the
approval and related by -law, Mr Kaufman withdrew his objection.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing
that the by -laws be given a first reading.
Carried Unanimously
2008 -107 A by -law to amend By -law No.79 -200, to permit a shopping centre
development on the north and west sides of Oakwood Drive. (AM- 46/2006)
2008 -108 A by -law to amend By -law No. 79 -200, to permit a shopping centre
development on the south and east sides of Oakwood Drive. (AM- 46/2006)
2008 -109 A by -law to amend By -law No. 79 -200, to permit the commercial
development of land located between Drummond Road and Portage Road,
north of William Street. (AM- 2008 -011)
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Council Minutes
2008 -110 A by -law to provide for the approval of Amendment No 83 to the City of
Niagara Falls Official Plan.
2008 -111 A by -law to designate the property known as the All Saints Anglican Church,
5680 Robinson Street, being PIN 64350 -0160 (LT) within the City of Niagara
Falls, to be of cultural heritage value and interest.
2008 -112
2008 -113
A by -law to authorize the execution of an Agreement with Giovanni Mussari
and Rose Mussari, respecting the purchase of an easement, being Part 1on
Reference Plan 59R- 13252; in the City of Niagara Falls, in the Regional
Municipality of Niagara.
A by -law to authorize the execution of an Agreement of Purchase and Sale
with Hodan Investment Corporation respecting the purchase of lands, being
Part 1 on Reference Plan 59R- 13060; in the City of Niagara Falls, in the
Regional Municipality of Niagara.
2008 -114 A by -law to authorize the execution of an Agreement with Shrine
Circus /Xentel D.M. Inc respecting the use of the Niagara Falls Arena for a
one day circus event.
2008 -115 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Pettit Avenue @ Sherwood Road)
2008 -116 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Charlotte Street)
2008 -117 A by -law to authorize the execution of the 2008 - 2010 Collective Agreement
with the Canadian Union of Public Employees and its Local 133
2008 -118 A by -law to authorize the payment of $7,473,307.10 for General Purposes
2008 -119 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 7 day of July, 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
Main & Ferry BIA
NEW BUSINESS
Carried Unanimously
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
staff come back with a report on amendments to By -law 2004 -200, passed to regulate
nightclubs in the Queen Street area, and extend those provisions to the Historic
Drummondville CIP area; and that staff investigate the City of Toronto's definition of
nightclub, including their definition of a hybrid facility and Mississauga's zoning and
separation distances for such clubs; and that staff investigate and report back on the
feasibility of adopting an interim control by -law for the Sylvia Place Market based on the
City of Ottawa's 2006 Interim Control By -law for the By ward Market area.
Carried Unanimously
ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo
that the meeting go past 11:00 p.m.
Carried Unanimously
Trap Shooter
- 10 -
ORDERED on the motion of Councillor Kerrio, seconded
an invitation be extended to Mike Pikering to be recognized at
July 7, 2008
Council Minutes
by Councillor Maves that
Council.
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the meeting be adjourned at 1110 p.m
Carried Unanimously
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DEAN IORFIDA,'CITY CLERK R.T (TED) SALCI, MAYOR