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2009/11/16TWENTIETH MEETING IN CAMERA MEETING Committee Room 2 November 16, 2009 Council met on Monday, November 16, 2009 at 6:00 p.m. in an In Camera Session. All members of Council were present. Councillor Kerrio presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. REGULAR COUNCIL MEETING Council Chambers November 16, 2009 Council met on Monday, November 16, 2009 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. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the minutes of November 16, 2009 be approved as recorded. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Pietrangelo indicated a conflict to a wire transfer made to his employer, the Niagara Catholic District School Board. Mayor Salci indicated a pecuniary interest to cheque no. 332344, made payable to himself. house. Councillor Fisher indicated a conflict to PD- 2009 -90, based on the . location of her DEPUTATIONS /PRESENTATIONS Business Recognition Awards Mayor Salci recognized the following businesses for their years of service in the community. Mark Woody, Palfinger -.20 Years, accepted the award Niagara Pattern - 25 Years Anthony Vitaterna, Nexterra Substructures Incorporated - 25 Years, accepted the award Niagara Industrial Mall- 25 Years Lyse Moreau, International Sew -Right Company - 25 Years accepted the award Signature Signs - 25 Years HOCO Entertainment & Resorts - 50 Years Paul and Ginny Eckert, Eckert Machine - 50 Years, accepted the award Jennifer Hallman, E.S. Fox - 75 Years Hatch Energy - Acres International Ltd. - 75 Years -2- November 16, 2009 Council Minutes PLANNING MATTERS PD- 2009 -87 - AM- 2009 -002, Zoning By -law Amendment Application, Applicant: City of Niagara Falls. Part 1 - Montrose Business Park, Part 2 - Update By -law Schedules Illustrating Where Adult Entertainment Parlours and Body Rub Parlours are Permitted. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be deferred. Carried Unanimously PD- 2009 -89- 26CD -11- 2009 -04, Draft Plan of Condominium ( Conversion), 6128 Perkins Street ( South Side), West of Portage Road. Owner: 775427 Ontario Limited ( Joe DiBiasi ) The Director of Planning and Development reviewed the recommendations and provided the following information. Background Applicant proposes to convert the existing 14 unit rental apartment building 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. 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 on November 4, 2009 of this Council meeting to all tenants occupying the units, for information and as a courtesy. The owner sent a letter to tenants in July 2009 regarding the proposed conversion and also held a meeting with tenants on November 9, 2009. Analysis The Residential Tenancies Act secures right for tenants to remain in unit. The CMHC reported vacancy rate is in excess of 3% which complies with the policies of the City's Official Plan and the Regional Policy Plan. The property taxes payable as a rental versus a condominium are estimated to break even for the municipality. The applicant will have three years to satisfy the conditions of draft plan approval. Brian Sinclair, agent for the applicant, is pleased with the Council report. He believes his client has already paid the 5% parkland dedication required. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously -3- November 16, 2009 Council Minutes PD- 2009 -88 - AM- 2009 -019, Zoning By -law Amendment Application, 6515 McLeod Road and 6473 & 6483 McLeod Road. Applicant: 2100851 Ontario Inc. ( Domenic DiLalla), 1473944 Ontario Limited and Marc Pingue. Recognize existing Apartment and Future Apartment Approval. The Director of Planning and Development reviewed the recommendations and provided the following information. Background The amendment is requested for a 0.842 ha (2.08 ac) parcel of land on the north side of McLeod Rd., west of Dell Ave. The applicant proposes to change the zoning of the subject land to provide a separate by- law to recognize the existing apartment building and a separate by -law to recognize the existing approval for a future apartment building. Planning Analysis Existing Approvals This development has proceeded through several previous planning approvals and consultation with the public. In 2000, Council passed a by -law to permit a 54 unit apartment building on the west side of 6515 McLeod Rd. In 2006, City's Committee of Adjustment granted variances to allow 3 more apartment units (total 57 units) and increase the height of the building. In 2007 Council approved an application to add 3 more units to the apartment building under construction at 6515 McLeod Rd. (total 60 units) and expand the overall project onto abutting lands to the east (6473 & 6483 McLeod Rd) for a separate 3 storey, 12 unit apartment building. All three parcels of land are now zoned Residential Apartment 5B Density with a site specific amendment, to .permit a maximum of 72 units on the entire site. During construction, the building at 6515 McLeod Rd had revisions to the interior made to provide 64 units within the existing 5 storey building, which is permitted through zoning, but then limits the second apartment building on the site to 8 units rather than 12 units originally proposed. Zoning Request The existing and future apartment buildings are now intended to function independently. Part of the reasons for the zoning change to separate the existing and future apartment buildings is to permit more flexibility for the timing of development and facilitate the registration of a condominium plan at 6515 McLeod Rd. The requested R5C zone (for 6515 McLeod Rd) recognizes the existing 64 unit, 5 storey apartment building and zoning approvals including variances. The site specific provisions reflect the height (17 m/ 55.8 ft); lot coverage (34 %) minimum landscaping coverage (38 %) and the requirement for a decorative front yard fence. The rear and side yard setbacks have been adjusted from the zoning approval to accommodate the existing balcony /covered porch projections into the required yards. Parking is requested to be at a ratio of 1.35 spaces /unit (total 86 spaces) rather than the City standard of 1.4 spaces /unit (total 89 spaces) This is considered a minor reduction and is acceptable as the site is located on a transit route. The requested R5A zone (6473 & 6483 McLeod Rd) represents the remaining zoning potential and standards on the land granted through the site specific by -law. -4- November 16, 2009 Council Minutes The proposed regulations for the future development permit 8 apartment units, with a building height of 12 m (39.4 ft); a rear yard depth of 15m (49.2 ft); side yard widths of 7 m (23 ft) and the 6m (19.7 ft) landscape strip requirement along the front lot line. Prior to construction on this site, staff recommend the applicant request the City to approve a deeming by -law for these lands to legally merge together to eliminate potential Ontario Building Code issues. Site Plan and Condominium Plan Approvals The existing Site Plan Agreement would need to be amended to separate 6515 McLeod Rd from the future development and include changes to the parking layout and landscaping with a new site plan prepared for the balance of the development. Should the amendment be approved, changes will need to be made to the Condominium approval for the description of the land to include only the lands at 6515 McLeod Rd and deleting a condition for the removal of the two existing dwellings at 6473 & 6483 McLeod Rd. Other conditions may be added to the draft plan approval if required. Potential Traffic Lights At the time of the initial rezoning, area residents expressed traffic concerns and requested a traffic light be installed at McLeod Rd/Wilson Cres. Intersection. Since McLeod Rd is a Regional responsibility, the Draft Plan of Condominium approval should be amended to add a condition that "The developer provide a Letter of Credit to the Region's satisfaction as a deposit towards the installation of traffic lights at the McLeod Rd/Wilson Crescent intersection, if warranted." Conclusion The zoning amendment can be approved for the following reasons: ► The application reflects the existing development and zoning approvals on the subject lands but under separate zone categories for the built apartment and future apartment; and ► The rezoning will facilitate the registration of a plan of condominium on the property known as 6515 McLeod Rd. Recommendation That Council approve the Zoning By -law amendment application to change the site specific apartment zoning on the overall property to a site specific R5C zone for the existing apartment at 6515 McLeod Rd and a site specific R5A zone for the future apartment at 6473 and 6483 McLeod Rd. That Council pass the by -laws included in tonight's agenda to implement the requested amendment. Chris Miller, Upper Canada Consultants, representing the applicant, indicated that he is in support of the report and concur with the staff recommendations. Mr. Miller stated that the Environmental Assessment will indicate if traffic lights are warranted and his client will continue to honour their commitment of $25,000 toward traffic signals, if warranted. He questioned the right method to secure the commitment. The Public Meeting was Concluded. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously -5- November 16, 2009 Council Minutes PD- 2009 -90 - AM- 2009 -020, Zoning By -law Amendment Application, Applicant: City of Niagara Falls. General Amendments to Zoning By -law No. 79 -200. The Director of Planning and Development reviewed the recommendations and provided the following information. Background An amendment is proposed to Zoning By -law No. 79 -200 to adopt a more contemporary definition of a personal service shop and a group home and to adjust road widening requirements to reflect current Official Plan requirements. The area affected by Zoning By- law No. 79 -200 and the amendments is show on the previous map shaded in blue. Zoning By -laws include definitions to clearly set out the nature and components of a specific use, to assist the public, businesses and agencies in understanding the expectations of a use and to minimize misinterpretations of terms. The updates to the Zoning By -law are proposed to ensure the By -law implements changes to the Official Plan and reflects trends in an changes to uses and legislation. Planning Analysis Personal Service Shops Personal service shops are permitted in commercial zones by Zoning By -law No. 79 -200. The definition of personal service shops groups together various uses that provide cosmetic services for people and pets or alterations to clothing or shoes. The current definition would be updated to include tanning salons, tattoo studios and dog obedience classes as they are similar in scale and function to the existing services listed under the personal service shop definition. Proposed definition is: "PERSONAL SERVICE SHOP" means a building or part thereof, in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, comprising the premises of a barber, hairdresser, beautician, manicurist, pedicurist, tailor, dressmaker and /or shoemaker, as well as a Laundromat, dry cleaner's distribution station, tanning salon, a tattoo studio and a place for dog obedience classes. The sale of merchandise shall be permitted only as an accessory use to the personal service provided." Group Homes Group homes are typically permitted in residential zones which permit one family detached, semi - detached and duplex dwellings. There are currently 5 different types of group homes defined in the Zoning By -law which refer to Provincial legislation that is no longer in effect. A more generic definition to cover all the previous definitions as well to address group homes under new statutes is proposed as follows: "GROUP HOME TYPE 1" means a residence licensed, supervised, approved or funded under federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding staff or the receiving family, living under responsible supervision and who, by reason of their intellectual, mental health, social or physical condition or legal status, require a group living environment for their well being, but does not include a Group Home Type 2." To differentiate between the above noted group homes which are intended to serve -6- November 16, 2009 Council Minutes individuals with various social, mental health and physical needs, and facilities that are intended to serve individuals on probation and parole, the following definition is also proposed to be added to By -law No. 79 -200: "GROUP HOME TYPE 2" means a residence licensed, supervised, approved or funded under federal or provincial statute for the accommodation of three (3) to eight (8) persons, excluding staff, that is maintained and operated primarily for persons who have been placed on probation or released on parole under provincial or federal statute, or youth who have been charged under provincial or federal statute and who have been placed in detention or custody." Unlike a group home type 1, Group Home Type 2 is only appropriate where the safety of surrounding residents has been assured and should only be considered on a site -by -site basis through a zoning by -law amendment. Current definitions permit an occupancy of 3 to 6 persons for a single detached dwelling and 3 to 8 for semi and duplex dwellings. To simplify this occupancy range, any group home will be permitted to have 3 to 8 persons. Any group home that exceeds this limit should be reviewed through a zoning by -law amendment or minor variance application to ensure the group home fits in with surrounding neighbourhood. Parking requirements for group homes will be studied further through the comprehensive zoning by -law review. Road Allowance Provisions To protect for future road widenings By -law No. 79 -200 includes regulations that prohibit development within specific distances from the centre line of certain roads. All buildings, required landscaping and required parking are to be located outside the setback The road allowance provisions in the current zoning by -law are out of date. The zoning is to be updated to match the Official Plan which was amended in 2006 for streets within the City with the necessary road widths to address future transportation needs and current engineering standards. The identification of these road widths does not mean the City obtains the necessary widenings at this time. The widenings will need to be obtained as a road dedication during a development application such as a site plan or a plan of subdivision, or be expropriated, as needed. However, these provisions will ensure that future road widenings are not encumbered by buildings, required parking or required landscaping. Conclusion The Zoning By -law amendment is proposed to provide a more contemporary definition of a personal service shop and a group home and to update the road allowance requirements in By -law No. 79 -200 that are set out in the OP. Recommendation That Council approve the Zoning By -law Amendment application to update the definitions of a personal service shop and group home, and to bring road allowance requirements into conformity with the Official Plan. That Council pass the by -law on tonight's agenda to implement the amendments. The Public Meeting was concluded. ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously with Councillor Fisher declaring a conflict -7 - November 16, 2009 Council Minutes PD- 2009 -86 - Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space above businesses along Queen Street and Erie Avenue. ORDERED on the motion of Councillor Diodati, seconded by Councillor Thomson that the report be deferred to the November 30 meeting. Motion Carried with Councillor Kerrio, Wing and loannoni opposed MAYOR'S REPORTS. ANNOUNCEMENTS Mayor Salci advised of some recent events: Winter Festival of Lights opening night; Niagara College welcomed his Royal Highness, Prince Charles to the school for atour. Mayor Salci advised of some upcoming events: the Santa Claus Parade; the official opening of the Niagara Parks Commissions, Rink By the Brink and the Olympic Torch Run through Niagara Falls. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Chippawa Volunteer Firefighters Association - Request for Waiver of Fees for the Annual Slo -pitch tournament. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the request for a waiver of fees be approved. Carried Unanimously 2. Great Wolf Lodge - requesting that a Fireworks display be allowed for the hotel guests on December 31st. RECOMMENDATION: For the Approval of Council, subject to providing the appropriate insurance in the form requested by the City. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the request be approved as recommended. Carried Unanimously 3. Correctional Service Canada - Communities Responding to Human Needs are requesting November 15 -22, 2009 be proclaimed as" Restorative Justice Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 4. Ad hoc Committee of Armoury - Councillors Mayes and Kerrio are current members and Councillor Wing resigned due to conflict. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that Councillor Wayne Thomson be appointed to the committee. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the actions taken in Community Services Committee, on November 16, 2009 be approved. Carried Unanimously 1. That the minutes of the November 2, 2009 meeting be adopted as recorded. 2a. PD- 2009 -91 James Oswald Fence with Stone Wall 2922 St. Paul Avenue 1. That the Committee recommend to Council that is reconsider its August 10, 2009 decision; and 2. That the Committee recommend that Council approve Option 2, subject to an agreement with the owners of the James Oswald House 2922 St. Paul Avenue. b. PD- 2009 -92 Willoughby Township Hall Roof Reshingling 11211 Sodom Road That Council consider the recommendation from the Municipal Heritage Committee to approve the re- shingling work proposed by Dominion Roofing for the former Willoughby Township Hall c. PRC- 2009 -33 Playing Field User Fees -8- November 16, 2009 Council Minutes REPORTS 1. That Council approves playing field fees and guidelines as indicated in the report with the effective date of January 1, 2010. 2. That staff investigates the development of a Sport Tourism Policy for the City of Niagara Falls. 3. If any organization wishes to enter into a formal agreement with the City of Niagara Falls that staff is authorized to do so. d. TS- 2009 -41 Heikoop Crescent Parking Review That a permit parking zone be established on the south side of Heikoop Crescent between a point 120 metres east of Parkside Road and a point 136 metres east of Parkside Road. e. TS- 2009 -49 Crawford Street Parking Control Review That the existing permit parking control on the north side of Crawford Street between Confederation Avenue and a point 90 metres east of Confederation Avenue be removed. f. TS- 2009 -46 2008 Motor Vehicle Collision Report That the Council receive the report for information purposes. November 16, 2009 Council Minutes RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services Committee, on November 9 and 16, 2009 be approved. Carried Unanimously 1. F- 2009 -56 2010 Permissive Grants Process That Council receive report for information purposes. 2. 2010 FUNDING REQUESTS: That the 2010 Budget funding request from the Niagara Falls Library Board be received and referred to final budget deliberations. That the 2010 Budget funding request from the Niagara Falls Board of Museums be received and referred to final budget deliberations. That the 2010 Budget funding request from Niagara Falls Tourism be received and referred to final budget deliberations. That the 2010 Budget funding request from the Winter Festival of Lights be received and referred to final budget deliberations. That the 2010 Budget funding request from the Boys and Girls Club be received and referred to final budget deliberations. That the 2010 Budget funding request from Project SHARE be received and referred to final budget deliberations. That the 2010 Budget funding request from the Women's Place of South Niagara be received and referred to final budget deliberations. That the 2010 Budget funding request from the YWCA Niagara Region be received and referred to final budget deliberations. That the 2010 Budget funding request from the Greater Niagara General Hospital Foundation be received and referred to final budget deliberations. That the 2010 Budget funding request from the Niagara Falls Art Gallery be received and referred to final budget deliberations. That the 2010 Budget funding request from the Niagara Falls Concert Band be received and referred to final budget deliberations. That the 2010 Budget funding request from the 483 (Regional Niagara) Wing Royal Canadian Air Force Association be received and referred to final budget deliberations. That the following 2010 Budget funding requests be received and referred to final budget deliberations: St. John Ambulance Stamford Centre Volunteer Firemen's Association Niagara Falls Badminton Club Niagara Falls Horticultural Society Niagara Falls Lawn Bowling Club Niagara Falls Summer Swim Lessons Stamford Lions Club Village of Chippawa Citizen's Committee Niagara District Art Association That Council waive the fees associated with road closure on St. Clair Avenue for the opening of the Aleph Champ Hebrew School. -10- November 16, 2009 Council Minutes 4. That staff work with the Downtown BIA on incorporating the BIA's proposed workshop into the agenda of a future Council meeting. 1. That the minutes of the November 2, 2009 meeting be adopted as recorded. 2. That the minutes of the November 9, 2009 meeting be adopted as recorded. 3. CPS - 2009 -08 - Niagara Falls Humane Society 1. That Council approve the' Dog Licensing Fees proposed and that the recommendations on a five - yearforgivable mortgage, Animal Control /Poundkeeper fees and the request for a charitable grant be referred to budget deliberations. 4. CD- 2009 -15 - 2010 Council Schedule 1. That the Committee recommend that Council approve the 2010 Council Schedule; and 2. That staff ensure Cogeco's availability for budget meetings and if they are not available that budget meetings be scheduled on a Council night. 5. FS- 2009 -09 - Radio System 1. That Council approve the expenditure of $2,167,778.97 for the replacement of the Niagara Falls Fire Services radio system. 2. That the Mayor and Clerk be authorized to execute all related agreements. 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- 2009 -56 - Municipal Accounts. It is recommended that Council approve the municipal accounts totalling $43,661,762.61 for the period October 1, 2009 to October 28, 2009. F- 2009 -57 - Major Receivables Monthly ( October ). It is recommended that Council receive the monthly Tax Receivables report for information purposes. PRC- 2009 -32 - Supply and Installation of Scoreboards - Gale Centre. It is recommended that the Mayor and Clerk be authorized to execute the agreement with Hamilton Digital Designs Ltd., the low bidder for the supply and installation of scoreboards for the Gale Centre. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the reports on the Consent Agenda be approved as recommended. Carried Unanimously PRC- 2009 -31 - Chippawa Boat Dock. It is recommended that the Chippawa Boat Dock be decommissioned. ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that staff bring back a report on best possible uses for the Chippawa Boat Dock. Carried Unanimously NO. 37 - PIETRANGELO - DIODATI - therefore be it resolved Niagara Falls City Council chooses Highway 420 to be designated as Niagara Memorial Veterans' Highway. Ontario Medical Association -11- November 16, 2009 Council Minutes RESOLUTIONS BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2009 -174 A by -law to amend By -law No. 79 -200, to recognize a 5 storey apartment dwelling subject to specific lot area, building setbacks, coverage, height, parking and landscaping regulations. (AM- 2009 -019) 2009 -175 A by -law to amend By -law No. 79 -200, to permit a 4. storey apartment dwelling subject to specific lot area, building setbacks, height and landscaping regulations. (AM- 2009 -019) 2009 -176 A by -law to amend By -law No. 79 -200, to introduce new definitions and regulatory provisions. (AM- 2009 -020) 2009 -177 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Erie Avenue, Bridge Street) 2009 -178 A by -law to hereby authorize the Mayor and Clerk to execute the Recreation Infrastructure Canada Program in Ontario Contribution Agreement (RinC/ Ontario REC) between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Energy and Infrastructure and the Minister of Health Promotion and the Corporation of the City of Niagara Falls. 2009 -179 A by -law to amend By -law 2002 -197, the Live Adult Businesses By -law. 2009 -180 A by -law to authorize the payment of $43,661,762.61 for General Purposes. 2009 -181 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of November, 2009. 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 NEW BUSINESS ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Dr. Myron Haluk be invited to the November 30, 2009 Council meeting, schedule permitting, to address the GNGH Emergency Room. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the meeting be adjourned at 8:30 p.m. Carried Unanimously -12- November 16, 2009 Council Minutes R.T. (TED) SALCI, MAYOR