2012/10/23FOURTEENTH MEETING
REGULAR COUNCIL MEETING
October 23, 2012
Council met for the purpose of considering Regular Business matters in Council
Chambers at 6:30 p.m. All members of Council were present. Mayor Diodati offered the
Opening Prayer.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that the minutes be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Maves indicated a pecuniary interest with cheque no. 357987, a
reimbursement for the AMO Conference.
Councillor Kerrio indicated a pecuniary interest with the resolution pertaining to the
extension of liquor licence hours related to the Red Bull event and to report TS- 2012 -27,
as he owns adjacent property.
Councillor Pietrangelo indicated a pecuniary interest with a wire transfer to the
Catholic School Board, his employer.
Councillor Thomson indicated a pecuniary interest with report PD- 2012 -65, as he
does work for the property owner.
Councillor Wing indicated an indirect pecuniary interest with Communication # 1 and
cheque numbers 357655 and 358490, as her husband provides services to the Winter
Festival of Lights and a direct pecuniary interest with F- 2012 -42 - Soccer Club, as she has
a competing project for funding.
Councillor Morocco indicated an indirect pecuniary interest with cheque number
357800, made payable to her spouse and a direct pecuniary interest with cheque no.
357988, reimbursement for a travel expense related to A.M.O.
Mayor Diodati indicated a pecuniary interest with cheque numbers 357705, 358194
and 358344, made payable to himself.
PRESENTATIONS/ DEPUTATIONS
Queen's Diamond Jubilee Medals
Mayor Diodati and Kim Craitor, M.P.P. made presentations of Queen Diamond
Jubilee medals to local honourees: Sheila Hosking, Carol Mae Maidens, Karen Stearne,
Gary Taylor, Jeff Wallis and Dan Bouwman.
Snow & Leaf Buddies
Patricia Regier and Laurie Elliott -Leach of Community Support Services of Niagara
made a presentation on the Snow Buddies and Leaf Buddies volunteer program.
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October 23, 2012
MPAC
Lynne Cunningham, Municipal Relations Representative made a presentation to
Council on the upcoming reassessment. She also indicated that changes would have to
be made to the Assessment Act to deal with issues related to derelict buildings.
PLANNING MATTERS
PD- 2012 -62 - Official Plan Amendment No. 106, Proposed Urban Area Boundary
Expansion, Northwest Community Landowners Group
The Director of Planning reviewed the recommendations and provided the following
information.
Background
The application to expand the urban area boundary north to Mountain Rd, between
Montrose & Kalar, by the NCLG was submitted in 2004, prior to the Provincial Growth
Plan.
This application has been before Council on a number of occasions:
On October 15, 2007 Council recommended:
► Pre - existing amendment application by the Northwest Community Land Group
(NCLG) proceed to a public meeting ", and;
► Phase 2 of the Growth Management Official Plan Review recommend amendments
to the Official Plan based on accommodating the City's growth needs to the year
2031 and that, in that context, the consultants evaluate the appropriateness of an
urban boundary expansion in the northwest portion of the City ".
On February 11, 2008, Council moved:
► "that Council request the Region to include the lands of the Northwest Community
Landowners Group within the Region's Growth Management Study as a future
growth area and involve the City in the process of the examination of the allocation
of expansion areas.
On June 29, 2009, Council passed the following recommendation:
► That the area proposed for an expansion to the urban area boundary in the
northwest quadrant of the City be designated as the next growth area by the Region
and the City.
The application is being brought forward by staff for consideration by Council in order to
provide the Region with comments on the complementary Regional Policy Plan
Amendment.
NCLG Proposal
2004 application to expand the urban area boundary includes 75 ha (185 ac) of land
located in the northwest quadrant of the City.
A mixed use residential and commercial development described as an 'adult lifestyle'
community is proposed within the expansion area.
Planning Analysis
Growth Plan
The application pre -dates the Growth Plan for the Greater Golden Horseshoe ( "the Growth
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October 23, 2012
Plan ") and the current 2005 Provincial Policy Statement (PPS) so is therefore being
reviewed on its own merits against the 1997 PPS.
Need
The Growth Plan states that municipalities are to have a 20 year supply of land (to 2031).
The 2007 Municipal Comprehensive Review (MCR) completed by urbanMetrics inc.
determined that the City would have sufficient land supply within the urban boundary to
accommodate growth to approximately 2022.
The Region anticipates the City shall achieve a population of approximately 107,000
people by 2031.
The City's consultant stated, "our analysis shows that the actual near term demand are well
below this forecast. This suggests that there will be greater pressure for growth near the
end of the forecast period."
Given that a 20 year projection of need would take us from now until the end of the
Provincial Growth Plan planning period, staff did a further assessment of need beyond the
2022 time frame of urbanMetrics.
Staff developed three scenarios of population growth over the next 20 years.
Scenario 1 reflects a moderately increasing population in the near term(2021) followed
by a more rapid increase through to 2031.
Housing demand is expected to remain high for both single and semi - detached dwellings.
The modeling suggests that a shortfall of singles /semis will occur prior to 2031 and along
with the fact that 85% of singles /semis are built in the Greenfield area of the City would
suggest there will be a need for land and that the City will fall below the 10 year supply in
the early part of the next decade.
In addition to urban residential land supply, urbanMetrics identified the QEW /Mountain
Road interchange for future employment lands.
The Province recognizes the area from Niagara Falls to Fort Erie as the Gateway
Economic Zone and the Region's Gateway amendment recognizes the QEW corridor as
a major gateway economic area.
The proposed urban expansion will allow for this gateway development to occur.
Moreover, employment lands are necessary for the development of Greenfield lands as
complete communities and to achieve the densities required of the City by the Regional
Policy Plan.
OFFICIAL PLAN
The proposed amendment has been prepared to provide the policy framework for the
future planning of the area.
These policies would help refine the mix of uses and the densities from the NCLG proposal
to be more in line with those established by the Growth Plan and implemented by OPA #94
(City's Growth Conformity amendment) adopted earlier this year.
OPA #106 differs from the NCLG proposal in a few significant areas:
Preparation of a vision as a complete community:
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October 23, 2012
► Greenfields are to be developed as complete communities with a mix of uses and
housing types so that people can live and work in the same area. A target density
of 53 people and jobs /ha are to be achieved.
Lands that form part of the Economic Gateway:
► Employment lands are to be a critical component of future development. The NCLG
lands have excellent QEW exposure and access which should be capitalized upon
as existing frontage for employment uses is limited both within the City & Region.
A comprehensive land use strategy:
• The lands will be subject to future Gateway North Secondary Plan, part of which
will be a comprehensive land use strategy that will include employment lands,
residential uses of various types and densities, neighbourhood commercial uses
and parkland /open space areas and will also address the protection of natural
heritage areas.
A servicing and transportation strategy:
► Servicing issues will have to be addressed as part of secondary planning. Current
forcemain that services Club Italia is for the club only. Service study will need to be
undertaken to determine appropriate upgrades.
Conclusion
In 2004, an application was submitted for an Urban Boundary Expansion.
This application has been discussed and considered by Council on numerous occasions.
City and Regional staff met after the Region's approval of the Gateway Amendment and
agreed to move the amendments forward in a parallel manner and to resolve an
application that predates the Provincial Growth Plan.
The application is being brought forward by staff for consideration by Council in order to
provide the Region with comments on the complementary Regional Policy Plan
Amendment.
The draft Official Plan Amendment (OPA) #106 provides for the expansion of the urban
boundary to include the NCLG lands to recognize the gateway nature of these lands, with
excellent QEW exposure and access, and requires the development of a complete
community through a future Secondary Plan.
Recommendation
That Council approve the application by the Northwest Community Landowners Group, to
expand the urban area boundary north to Mountain Road, between Montrose Rd and Kalar
Rd.
That this report be sent to the Niagara Region as support for Regional Policy Plan
Amendment # 196
Dr. John Bacher, PALS, had a difference of opinion on whether the lands are
subject to the Provincial Growth Plan. He feels it based on approval date, not application
date. He mentioned that the Dillon report did not support an urban boundary expansion.
Dr. Bacher is of the opinion that the proposed urban expansion would take away prime
agricultural land and a wildlife corridor.
Jean Grandoni, R R # 1 Garner Road, remains opposed to the urban boundary
expansion, as it will lead to urban sprawl. She feels the population projections are
unrealistic.
Marianna McMaster, 9301 Beaverdams Road, expressed her disappointment in the
process and felt that the result would be a City with development on the periphery and not
on the interior.
Brian Sinclair, representing the DeGiorgio family, pointed out that a map of the City's
urban boundary shows an obvious omission, with the absence of the North West sector.
He felt the develop opportunities in the area would stimulate the economy.
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October 23, 2012
Italia Gilberti, on behalf of Club Italia, advised that her members are in full support
of the proposal and the staff recommendations. The Club proposed a retirement home for
its members many years previous. She confirmed that the Club was not a cooperative and
if dissolution was ever to happen, the assets of the Club would revert to the Sons of Italy,
not the members.
Glen Wellings, Planning Consultant for the North west Community owners was in
support of the staff recommendation. He indicated that the Ministry of Municipal Affairs &
Housing comments were submitted prior to the final report and, as a result, not accurate.
He pointed out that a third of the area's 185 acres are already urbanized. There has not
been agricultural uses on the lands for years. Mr. Wellings indicated that the application
proceeded approval prior to the Provincial Growth Plan and is, therefore, not subject to it,
a position agreed by the Region and the City. He said his group would follow up with
Sullivan Mahoney. He felt their clients' lands do not compete with the North West sector
and pointed out that his clients have never appealed those respective developments. The
Urban Metrics report identified the lands as desirable for employment lands. Mr. Wellings
outlined that an environmental report has been completed but a secondary plan is
necessary moving forward.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the report be approved as recommended.
Motion Carried
with Councillor Wing opposed.
PD- 2012 -64- Official Plan and Zoning By -law Amendment Application. Miller Estates
South Draft Plan of Subdivision. AM- 15/2001 & 26T- 2001 -04. Miller Road ( South Side)
between Niagara Parkway and Willoughby Drive. Owner: FKS, The Real Estate People
Inc. and 1162641 Ontario Limited (Brian Sinclair) Agent: Italia Gilberti, Broderick &
Partners.
The Director of Planning reviewed the recommendations and provided the following
information.
Background
The applications pre -exist the Provincial Growth Plan.
A subdivision application proposes to divide the 15.09 ha (37 ac) into 12 estate type lots
for detached dwellings and one block of land for stormwater management.
Land is designated Good General Agriculture, in part, and Environmental Protection Area,
in part in the Official Plan.
Special Area policies are proposed to be site specifically added to the Official Plan to
permit the proposed use and to protect the environmental lands.
Land is zoned Rural by Zoning By -law No. 395, 1966.
A site specific Rural zone with adjustments to the following: lot area, front, rear and side
yard setbacks, lot coverage and accessory building and structure regulations are requested
to facilitate the proposed estate residential plan of subdivision.
The environmental lands are proposed to be zoned Conservation and Open Space to
ensure their protection.
Council Public Meeting & Neighbourhood Open House
Council deferred a decision at a public meeting on November 3, 2008 because:
► Surrounding residents expressed concerns about drainage problems and the
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October 23, 2012
possibility that a new subdivision would exacerbate the problems.
► Concern expressed about increased traffic on Miller Rd. and the protection of the
environmental features on site.
► Staff have been working with the applicant since 2008 to address various issues.
Neighbourhood Open House held on February 15, 2012 which was attended by the
applicant, the applicant's consultants and 4 area residents.
Applicants presented their proposal for stormwater management for the site, which some
residents thought may improve the current drainage problems.
Provincial Policy Statement and Regional Policy Plan
City's planning decisions are required to conform with the Provincial Policy Statement
(PPS) and the Regional Policy Plan.
PPS permits limited residential development that is compatible with the rural landscape
and can be sustained by rural service levels, but should not occur on prime agricultural
lands.
Proposed lot pattern establishes a logical and defined property ownership which
provides owners the ability to maintain their property and guard against intrusion and
encroachment while maintaining the environmental lands and associated buffers in a
natural state.
The request from the Region to have a portion of one lot extending behind the other lots
makes it more difficult to guard against illegal trespass that may damage the wetland.
The land is designated Rural under the Regional Policy Plan, which permits the land to
be developed for rural residential purposes provided lots are a minimum 1 ha in size.
The proposed subdivision complies with RPP as follows:
► Analysis of the agricultural capability of the land indicated that there was very
limited agricultural potential for the land and surrounding lands due to the quality
of the soil, surrounding land uses and fragmentation of land ownership.
► Proposed subdivision represents the final phase of development of Rural
designated lands in this area and is a logical extension of rural residential
development located to the north.
► Proposed lot sizes range between 1 ha and 1.6 ha which comply with RPP
► Regional Health has indicated there is sufficient lot area, outside the
environmental lands to support private services.
PPS mandates that development and lot creation is not to occur in Provincially
Significant Wetlands (PSWs).
To address this policy, the Region has requested the plan of subdivision be revised to
incorporate the PSW on subject lands into one lot to reduce the number of Tots that
encroach onto the PSW.
Planning staff worked with the NPCA and recommends the lot fabric remain the same
as follows:
► Though portions of some of the proposed Tots encroach onto the PSW, the
developable portion of the lots will be located outside the PSW.
► With the introduction of OP Designation, Restrictive Zoning and a Conservation
Easement Agreement, development will not be permitted in the PSW and the
lands will be required to be maintained in a natural state.
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October 23, 2012
Official Plan
The City's OP designates the majority of the land Good General Agriculture
The PSW is designated Environmental Protection Area.
The application pre- exists the Growth Plan which does not allow estate development on
prime lands.
The application proposes a Special Policy Area designation on the land which reflects the
Regional Rural designation of the lands and would permit the development of estate
residential plan of subdivision.
The draft policies mandate the provision of generous building setbacks to reflect the
surrounding rural character and provision of private services.
The policies also address the protection of the PSW, as this portion of the lands will remain
under an Environmental Protection Area designation.
The policies will require these lands and associated buffers to be maintained in a natural
state and under appropriate zone and be further protected by conservation easements in
favour of the City.
Stormwater Management
To address area residents concerns about drainage, the developer proposes the following:
► Stormwater flows on site are to outlet to a stormwater facility on Block 13 which will
then be conveyed through an underground pipe via Miller Rd. and directly out to
Niagara River.
► Ditches along Miller Rd. are to be maintained. The existing culverts under Miller Rd.
are to be closed, which would divert the stormwater on the south, from flowing to the
ditch on the north side of Miller Rd. Leads are to be constructed from the ditch on
the south side of Miller Rd. to the underground pipe which discharges into the
Niagara River.
Municipal Works supports these measures, a condition of approval requires that the
developer's engineer, design and install these works to the City's satisfaction.
Environmental Protection
A PSW exists on the westerly portion of the subdivision.
The Environmental Impact Statement submitted by the applicant recommends the PSW
be protected by a 30 m wide buffer where no buildings or structures would be permitted
and that the buffer be maintained in a natural state.
To implement these findings and the NPCA's recommendations, the following measures
are recommended:
► PSW & buffer under site specific Conservation and Open Space zone that will
prohibit buildings and structures and site alteration.
► Require owner to enter into a Conservation Easement Agreement with City requiring
PSW and buffer be maintained in a natural state, prohibit site alteration and fencing.
Agreement registered on title as similar agreements for Miller North & Thundering
Waters.
► Drainage & stormwater plans required to be approved by NPCA
Subdivision Design & Conditions of Approval
Proposed lot sizes are in keeping with adjacent rural residential lots and Miller Estates
North.
Lots accessed by internal crescent road on private services.
Draft Plan approval requires that certain conditions be met prior to subdivision registration.
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October 23, 2012
Zoning
Site specific amendments to the Rural zoning are the same as those approved for Miller
Estates North.
Proposed regulations are more stringent than those in the Rural zone, but the intention is
to complement the rural character of the surrounding area.
► Minimum Interior Side Yard width: Existing: 4.5 m — Proposed: 10 m
► Minimum Exterior Side Yard width: Existing: 20.7 m — Proposed: 20 m
► Minimum Rear Yard Depth: Existing: 9.1 m — Proposed: 20 m
► Minimum Front Yard Depth: Existing: 20.7 m — Proposed: 20 m.
The PSW and associated buffer are to be placed under a site specific Conservation and
Open Space zone with provisions that will prohibit erection of buildings &
structures, placing of soil, etc, or the removal of soil, and trees or re- grading of land.
Conclusion
The subject lands consist of 15.09 ha (37 ac) located on the south side of Miller Road,
west of the Niagara Parkway.
Applicant has requested an Official Plan amendment, zoning by -law amendment and a
draft plan of subdivision to permit the land to be subdivided into 12 estate Tots for single
detached dwellings and 1 block for stormwater management.
The amendments can be supported as follows:
► The proposal complies with Provincial and Regional policies with respect to Rural
development and will bring the City's Official Plan land into conformity with the
Regional Policy Plan's Rural designation of the land.
► The Provincially Significant Wetland on the westerly portion of the land and its
associated buffer will be protected through restrictive zoning and a conservation
easement; and,
► Stormwater drainage will be addressed through a stormwater pond and the
installation of a closed pipe directly into the Niagara River, which should address the
flooding concerns expressed by adjacent property owners.
Recommendation
That Council approve the application to amend the Official Plan, as detailed in the staff
report, to allow the land to be developed for residential purposes via a plan of subdivision
comprised of large lots for single detached dwellings with protection of environmental
features on the westerly portion of the land.
That Council grant draft plan approval to the Miller Estates South Plan of Subdivision which
proposes the division of the land into 12, 1 -1.6 ha lots, subject to the conditions in the
appendix to the staff report.
That the Mayor or designate be authorized to sign the draft plan as 'approved' 20 days
after notice of Council's decision has been given as required by the Planning Act, provided
no appeals of the decision have been lodged.
That Council grant draft plan approval for three years after which approval will lapse unless
an extension is requested by the developer and granted by Council.
That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and
any required documents to allow for the future registration of the subdivision when all
matters are addressed to the satisfaction of the City Solicitor.
Dr. John Bacher felt this was wasteful urban development and that the wetland may
be greater than designated.
Italia Gilberti, Broderick & Partners, on behalf of the developers, indicated that she
supports the recommendations but she requests that 4 (d), the road widening requirement,
be deleted. (It was confirmed by staff that the road widening was no longer required.)
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October 23, 2012
Jason Schooley, Engineer, outlined what is proposed to deal with the drainage
issues, including a storm water management facility on Block 13 of the development.
ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo
that the residents be permitted to speak, despite the fact that the opportunity for comment
had passed.
Carried Unanimously
Darryl Selman, 2505 Miller Road, is not opposed to the development but feels the
collapse of the northern culvert has caused drainage issues in the area.
Andy Morellato, 2482 and 2462 Miller Road, indicated a new culvert has been
promised for many years to no avail.
The Public Meeting was Closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the report be approved deleting condition 4(d), the road widening requirement.
Carried Unanimously
PD- 2012 -60 -AM- 2012 -010, Official Plan and Zoning By-Iaw Amendment Application.
6690 Montrose Road. Applicant: Fernando Pingue. Agent: Darbyson Planning.
Proposed Residential Development ( Future Subdivision)
The Director of Planning reviewed the recommendations and provided the
following information.
Background
The site is 2.84 ha (7 ac)
Subject land with the industrial lands to the south make up an employment area of approx.
16 ha (40 ac) and consist of light industrial uses such as warehousing, wholesaling and a
construction yard.
In 1991, an application for an Official Plan and Zoning By -law amendment to permit a six
storey apartment building was submitted.
► This was not supported by staff because of concern of introducing an incompatible
land use in an industrial district. Council adopted the Official Plan amendment and
approved the Zoning By -law amendment for the residential use.
In 1992, the owner submitted a further Zoning By -law amendment application and
application for a residential plan of subdivision to allow the land to be divided into 42 lots
for single detached dwellings.
► Staff did not support it due to incompatible land uses with the industrial district to the
south. Council approve the applications.
In 2000 the applicant applied to change the designation of the land back to industrial and
rezone the property to Prestige Industrial. The purpose of these amendments was to
facilitate the development of an industrial mall and self storage facility. Staff supported this
change as it would be a compatible use with lands to the south. Council approve the
amendments.
The current application proposes to change the OP designation to Residential and change
the zoning by -law to R3 — Residential Mixed zone.
Neighbourhood Open House
Held on September 20, 2012 with one person attending to seek additional detail about
the application.
No objections to the proposal were lodged, but staff did meet with one property owner
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October 23, 2012
from Charnwood, who although not opposed to the application, pointed out that placing
a residential subdivision adjacent to industrial properties could cause problems for both
residents of the subdivision and the industrial businesses.
Planning Analysis
PROVINCIAL POLICY STATEMENT & PROVINCIAL GROWTH PLAN
Both the Provincial Policy Statement and the Growth Plan place emphasis on the
preservation and protection of employment lands.
Both these documents were not in effect in 1991 when the Official Plan designation was
previously changed from Industrial to Residential.
The present application has to be evaluated against the current policy regime which is
significantly more restrictive for converting employment lands.
There have been no significant changes to the applicant's proposal since 1992 and staff
have consistently not supported residential applications due to compatibility concerns and
the loss of the City's Industrial lands along the QEW.
Provincial policy focuses on creating well planned communities which include the
preservation and conservation of employment areas.
The proposed application would remove the subject land from an employment area and
restrict the expansion of the surrounding industrial uses.
Conversion of Employment Lands
Conversion of employment lands is only permitted through a municipal comprehensive
review, which was completed in 2007.
While the City's 2007 review concluded that there is a large supply of both industrial and
residential land and in particular an over - supply of greenfield industrial land, the subject
lands are not in a greenfield area.
The review concluded: "The lands fronting directly onto Montrose Rd. provide an
exceptional site characteristics for business because of high visibility from the QEW and
strong access connections with the nearby QEW /McLeod Rd. interchange."
It should be noted that the subject property fronts directly onto Montrose Rd and is within
one kilometer of the QEW /McLeod Rd. interchange.
According to the 2007 analysis, lands with these attributes should be protected in order to
attract high quality industries and offices that pay higher wages.
The subject land is in a prime location to attract these sorts of businesses due to its
proximity to the QEW.
The City has relatively few vacant industrial lots with QEW exposure.
Official Plan
Designated Industrial
Intended to provide a suitable environment for industrial operations that is free from
interference and restrictions by other uses.
To introduce residential uses into this area would interfere with existing operations and
increase the potential for noise /nuisance complaints.
Expansions or redevelopment on properties to the south would be impeded by the
presence of a residential subdivision.
The Industrial designation states that lands along controlled access highways and high
volume arterial roadways will be preserved for industrial and business uses.
Council deferred the portion of OPA No. 94, that pertained to the subject lands. The
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October 23, 2012
amendment did not change any land use designations, it provided additional policies to
guide development.
The lands to the south are still designated industrial and is considered an employment
area.
Introducing residential uses adjacent to lands within the QEW Employment Corridor is not
in conformity with the Official Plan since it would allow for the encroachment of non -
employment uses.
LAND USE COMPATIBILITY
Applicant is requesting that the designation be changed to Residential.
This designation stresses that development shall be compatible with the surrounding
neighbourhood. Lands to the south are all industrial properties and therefore, not
compatible with the proposed designation.
A 20 m buffer would be required along the southern boundary to comply with Ministry of
the Environment's D -6 guidelines and noise attenuation would be required along the
easterly lot line to reduce the noise from the QEW.
The amount of mitigation /buffering means there are significant compatibility issues.
ZONING BY -LAW
Currently zoned Prestige Industrial (PI -527) with site specific regulations for landscaped
open space and a 15m setback from the QEW.
Applicant requesting zone be changed to Residential Mixed (R3) zone to permit the land
to be subdivided for single detached, semi - detached, duplex, triplex, quadruplex and on
street townhouses.
Since staff cannot support the requested OP amendment, the requested Zoning By -law
amendment cannot be supported.
Conclusion
The applicant has requested an Official Plan and Zoning By -law amendment to permit the
development of a future residential subdivision. Staff cannot support the application for
the following reasons:
► The Provincial Policy Statement and Provincial Growth Plan place emphasis on the
protection and preservation of employment lands for long term economic prosperity
— introducing a residential subdivision into an employment area is contrary to these
policies;
► Industrial land with Q.E.W. frontage in Niagara Falls is a finite resource that must
be preserved for future employment uses as required by the City's Official Plan;
► There are several industrial uses to the south that have made significant
investments in their options in recent years — introducing residential uses in
proximity to these industrial uses would cause compatibility issues and create
difficulties for any industry wishing to expand;
► Development of the subject land for residential purposes is an inefficient use of land
since abutting industrial lands to the south would have to be buffered; and
► The depth of the property would likely require the inclusion of the abutting property
to the south in order to provide a crescent type street — this would further undermine
the abutting industrial district to the south.
Recommendation
That Council deny the Official Plan and Zoning By -law amendment application to permit
the land to be developed for residential purposes; and
That Council remove the deferral of Part 2, Section 8.8 to 8.8.3 of Official Plan Amendment
No. 94 for the land and advise the Region of Niagara accordingly.
David Stebbin, 6716 Montrose Road, expressed concerns that if the area is rezoned
residential it will force his family's industrial operation out.
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October 23, 2012
Duncan McFarland, solicitor for the applicant, indicated that the property had been
residential and was rezoned back to industrial in 2000 because of some potential
development opportunity. Unfortunately, the development fell through and there has been
no offers or demand for the property since. He pointed out that a residential development
is directly to the west of the property and none of the other industrial uses to the south
have opposed the proposal. Mr. McFarland indicated that the city has an ample supply of
industrial land, including in its Industrial Park. He stated that the road design has not been
finalized.
Doug Darbyson, planner for the applicant, confirmed that the City has three times
the supply of industrial land than necessary and that it is deficient in singles and semi's.
He indicated that the property configuration made ingress and egress difficult for an
industrial operation. Proper buffering with the Stebbin property will take place.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the Official Plan and Zoning By -law amendment application to permit the land to be
developed for residential purposes be approved.
Motion Carried
with Councillors Morocco and Wing opposed.
PD- 2012 -63 - AM- 2012 -011, Zoning By -law Amendment Application. 4218 Chippawa
Parkway. Applicant: New City Properties Inc. (Gary Dixon). Agent: Murray Johnston.
Proposed 4 Unit On- street Townhouse Dwelling
The Director of Planning reviewed the recommendations and provided the following
information.
Background
Zoning By -law amendment is requested for 804 sq m (8,654 sq ft) property at 4218
Chippawa Pkwy to permit a 4 unit on- street townhouse dwelling
Land is currently zoned Residential Single Family and Two Family (R2) which permits
single, semi and duplex dwellings.
Zoning to be changed to the Residential Mixed (R3) zone with site specific regulations
deeming Reilly Street as the front lot line and addressing the front & rear yard depth, side
yard width, lot coverage and parking requirements.
NEIGHBOURHOOD OPEN HOUSE
Held on September 19, 2012 with applicant, agent and 4 residents.
Residents concerns:
► introduction of townhouses in the neighbourhood creating more traffic,
► impacts on the privacy of abutting owner to the west; and,
► set a precedent for new, higher density developments in the neighbourhood
► Retention of mature trees; and if building setbacks would allow for proper
visibility at the intersection.
► Residents preference was for a semi - detached dwelling under existing zoning.
Developer willing to work with residents to mitigate their concerns.
OFFICIAL PLAN
Lands designated Residential are intended to develop with a variety of dwelling types in
a compatible fashion.
Located on a collector road where additional density can be considered up to 50 un /ha (20
un /ac).
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October 23, 2012
Infilling to be designed and integrated to achieve compatibility and sensitivity with the
surrounding development in terms of density, height gradation, building mass and
arrangement, setbacks and appearance.
Majority of houses in neighbourhood are two storey, single detached on lots with 20 m (65
ft) frontages.
The height of a two storey on- street townhouse dwelling would not be out of character.
However, the mass, undersized amenity yards behind the units and lesser front yard depth
along Chippawa Pkwy are not consistent with the area.
Each of the four, two storey dwelling units is proposed to have a floor area of 158 sq m
(1700 sq ft) and three bedrooms, which is typical of a moderately sized single detached
dwelling.
The proposed dwelling is approx. 3 m (10 ft) closer to Chippawa Pkwy than the dwelling
to the west which could impede sight lines.
To better achieve compatibility, the size of each unit should be reduced or one unit be
eliminated.
Zoning By -law
Current R2 zone, permits a single detached, semi detached or duplex dwelling.
Requested R3 zone would permit an on- street townhouse dwelling in addition to the R2
uses.
In addition, a number of adjustments to the R3 zone regulations are requested.
The 3 m front yard setback for the dwelling is consistent with Smart Growth standards and
the 6 m setback required for the garage ensures there is room to park a vehicle in the
driveway.
The requested rear yard of between 4.5 (14.8 ft) and 5.5 (18 ft), provides little amenity
space therefore a rear yard of 6m (19.6 ft) is recommended to provide more amenity space
for the units and also provide a better setback from the dwelling to the west.
The proposed interior side yard width of 1.8 m (5.9 ft) is larger than the 1.2 m (3.9 ft) for
single and semi detached dwellings. The lesser yard would be in keeping with the
standards applicable to the area.
The setback of 10 m from the centre line of Chippawa Pkwy is satisfactory as no road
widening is required.
The requested 3m exterior side yard width encroaches closer to Chippawa Pkwy than the
house to the west and would disrupt the streetscape. An exterior side yard setback of 6 m
is recommended.
The increase in lot coverage from 40 to 45% is not necessary as the recommended
setbacks are applied.
The proposal to provide 2 parking spaces per unit, in tandem, is typical of this type of
dwelling.
Driveways are permitted to have a width of 50% of the frontage of the lot, to a maximum
of 8 m. The proposed driveways would have a 12 m width and would be approx. 30% of
the frontage, therefore this change is considered appropriate.
Conclusion
The applicant has requested a zoning amendment to permit the land to be developed with
a 4 unit on- street townhouse dwelling. While the development of the land with an on- street
townhouse dwelling can be supported, the project should be reduced in size to be
compatible with the neighbourhood.
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October 23, 2012
The modified amendment can be supported because:
► Chippawa Parkway functions as a collector road where additional densities are
allowed;
• A reduction in size and increased building setbacks would be more compatible with
the surrounding neighbouhood.
Recommendation
That Council approve the Zoning By -law amendment application to change the zoning of
the land from Residential Single Family and Two Family (R2) to a site specific Residential
Mixed (R3) zone to permit the land to be developed for an on- street townhouse dwelling,
with a maximum of 3 dwelling units.
Rick Wynn, 4245 Chippawa Parkway, stated he was opposed to the proposed 4 unit
on- street dwelling and would like to see single family dwellings in that area or a semi, at
the most.
Todd Reid, 4228 Chippawa Parkway, wasn't opposed to the redevelopment but felt
the proposal was too intensive at four units.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the recommendation report, to approve the Zoning By -law amendment application to
change the zoning of the land from Residential Single Family and Two Family (R2) to a site
specific Residential Mixed (R3) zone to permit the land to be developed for an on- street
townhouse dwelling, with a maximum of 3 dwelling units, be approved.
Motion Carried
with Councillors Morocco, loannoni, Thomson and Gates opposed
REPORTS
MISCELLANEOUS PLANNING MATTERS
1 PD- 2012 -58 - Chief Administrative Officer - Proposed Telecommunication
Facility, 5645 Morrison Street. Applicant: SBA Canada for Wind Mobile.
The report recommends that Industry Canada be advised that the City of Niagara
Falls does not support a telecommunication tower at 5645 Morrison Street as it
does not comply with the City's siting criteria.
Joel Swagerman, requested that Council defer the report in order to give his
company an opportunity to review the negative staff recommendation, which came as a
surprise.
Judith McCarthy, 6139 Summer Street, was in support of the staff report to have
Council go on record not in support of the proposal. She is a parishioner at the Church.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that Industry Canada be advised that the City of Niagara Falls does support a
telecommunication tower at 5645 Morrison Street.
Motion Carried
with Councillors Wing, Gates and Pietrangelo opposed.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the meeting go past 11:00 p.m.
Motion Carried
with Councillors Thomson and loannoni opposed
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October 23, 2012
PD- 2012 -65 - Chief Administrative Officer - Telecommunication Facility
Consultation, West Side of Portage Road. Applicant: Altus Group on Behalf
of Bell Mobility.
The report recommends that Industry Canada be advised that the City of Niagara
Falls does not support the construction of a 40 metre (131 ft.) flag pole style
telecommunication tower and equipment cabinet on lands on the west side of
Portage Road, north of the intersection with Marineland Parkway as it does not
meet the City's siting criteria.
Morteza Alabaf, agent for the applicant, outlined why Council should support the
telecommunication facility.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the City of Niagara Falls does support the construction of the telecommunication tower.
Motion Carried
with Councillor Gates opposed and Councillor Thomson declaring a conflict.
3. PD- 2012 -67 - Chief Administrative Officer - Proposed Telecommunication
Facility, 4807 Kent Avenue. Applicant: Fontur International Inc. on behalf of
Bell Mobility
The report recommends that Industry Canada be advised that the City of Niagara
Falls does not object to a telecommunication tower at 4807 Kent Avenue provided
that the existing tower at 4793 Kent Avenue is completely removed within 90 days of
equipment activation for 4807 Kent Avenue.
Joel Swagerman, Fontur International, was in agreement with the staff report and
recommendations.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that
the report be approved as recommended.
Carried Unanimously
4. PD- 2012 -66 - Chief Administrative Officer - Solar Panel Rooftop Projects
The report recommends the following:
1. That Council not adopt a blanket resolution for all solar panel rooftop projects.
2. That Council deal with solar panel projects on a case by case basis.
3. That Council adopt the resolution for the small FIT solar panel project at 6030
Thorold Stone Road.
4. That Council adopt a resolution for for the small FIT solar panel project at 5900
Thorold Stone Road.
5. That Council direct staff to investigate policies, including a notification protocol,
related to rooftop solar panel projects.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the report be approved as recommended.
Carried Unanimously
5. PD- 2012 -48 -Chief Administrative Officer - Downtown Community
Improvement Plan. Proposed Residential Loan Enhancements
The report recommends the following:
That Council consider the following changes to the Residential Loan program for
the Downtown CIP as suggested by the Downtown BIA:
extend the period of no loan payments from one year to two years;
extend the repayment period from 5 years to 10 years (which extends the
total time period of the program from 6 years to 12 years); and
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October 23, 2012
provide a progress payment at 40% completion of the project.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that a motion to reconsider the report from July 24th be put forward.
A recorded vote was requested.
Councillor Wing
Councillor Thomson
Councillor loannoni
Councillor Pietrangelo
Mayor Diodati
NAYE
AYE
AYE
NAYE
AYE
Councillor Kerrio
Councillor Gates
Councillor Morocco
Councillor Mayes
NAYE
NAYE
AYE
NAYE
Motion Defeated
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that report PD- 2012 -48 be approved a cap of $600,000.
Carried Unanimously
REPORTS
FINANCE MATTERS
1 F- 2012 -42 - Chief Administrative Officer - Soccer Club Update
The report recommends that Council approve one of the following options:
1) Provide another extension to the Niagara Falls Soccer Club for completing the
requirements outlined in 2011, or;
2) Withdraw support.
Tim Chamberlain, President of the Niagara Falls Soccer Club, outlined the Club's
efforts to date to get financing. He requested an extension of more time to complete getting
all finances in order.
George Bandi, Niagara Olympia Homes was also present, and outlined his
commitment to the project.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Pietrangelo that recommendation #1 be approved with a deadline date of December 31,
2012 to have all requirements met.
Motion Carried
with Councillor loannoni opposed and Councillor Wing indicating a conflict.
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to the family of Kathy Oudekirk DiPietro, a
City employee, who passed away recently and to the CAO Ken Todd, who recently lost
his mother, Elaine Todd.
Mayor Diodati offered congratulations to Kristine Elia, of the Mayor's Office on the birth of
Keira Elia.
Mayor Diodati advised of recent events: 39th Annual Mayor Breakfast, the 2012
Niagara Falls Summer Trillium Awards, the Niagara Falls Girls Hockey Association Falls
Classic Tournament, theAnnual Ghosts Conference and Psychic, Metaphysical and
Wellness Expo, CBC's Hockey Night in Canada's PlayOn!, the Queen Street Park grand
opening, the Hatch Building renovations, the re- opening of Paris Crepes, Steve Ludzik's
Celebrity Roast in support of Parkinson's awareness, the Man -a -Mile race, Conference of
Abruzzi, Meet & Greet with the Bulgarian Counsel General, Pink Tour at the CIBC on
Huggins St, Opening of Lyndesfarne at Seneca Theatre, opening of Paolo's Cafe, Red Bull
Crashed Ice Qualifier, 50th Anniversary for Sunstrum Florists, the Ontario Museum
Association conference, the Winter Festival of Lights 30th year press conference, United
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October 23, 2012
Way Elimination Dinner, Napa Auto Parts grand opening, Heartland Forest's 9th Annual
Pumpkinfest and Amore Eyewear grand opening.
Mayor Diodati advised of some upcoming events: Grand opening of Citizenship and
Immigration Canada, 4318 Portage Road; 39th Annual United Way Poor Boy Auction,
Fashion Show and campaign luncheons, Arts & Culture Wall of Fame induction, Adam
Vitaterna Memorial Fundraiser, Chamber Lunch with Niagara Regional Police Chief Jeffery
McQuire, Enchanted Pumpkin Gala at the Mount Carmel Spiritual Centre, the grand
opening of the Niagara Military Museum at the Armoury, the grand opening for the XS
weight, Chippawa and Niagara Falls Remembrance Day Services, A.N.Myer's Principal's
Honour Roll Breakfast, Take Your Kids to Work, Kim Craitor fundraising dinner, and the
Light of Day Concert.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Winter Festival of Lights - requesting approval of the fireworks displays for this
year's festival.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
2. Teachers of English as a Second Language Association of Ontario - requesting
the week of November 4th to 10th as "English as a Second Language Week ".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
3. Regional Municipality of Niagara - requesting councillors participate in the
planning, promotion and execution of the 2014 FCM Conference and Tradeshow.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that Councillors Morocco, loannoni and Gates, when available, participate, with Councillor
Thomson involved through his role on the Convention Centre Board.
Carried Unanimously
4. Greater Niagara Circle Route Committee - requesting a municipal appointment
to the Regional advisory committee.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that Frank Fohr, from the Park in the City committee, be forwarded as the representative
for the municipality on the Regional advisory committee.
Carried Unanimously
5. Downtown Board of Management - requesting a review of parking Downtown.
RECOMMENDATION: Refer to Staff.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the communication be referred to staff.
Carried Unanimously
6. SPN (Slo Pitch National) - requesting that the City consider converting utility fields
at Patrick Cummings Park as baseball diamonds.
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October 23, 2012
RECOMMENDATION: Refer to Staff.
ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes that
the communication be referred to staff.
Carried Unanimously
7 a. Town of Fort Erie - resolution supporting Dr. Smith's report for a new South
Niagara Hospital and Fort Erie Urgent Care Centre.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that Council support the Town of Fort Erie resolution.
Carried Unanimously
7b. City of Welland - petition that no services be moved from local hospitals prior to a
new South Niagara Hospital and that the new hospital be located in Welland.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that Council support services not being moved from local hospitals prior to the new South
Niagara Hospital being built but that it does not support a new South Niagara hospital
being located in Welland, contrary to Dr. Smith's recommendation.
Carried Unanimously
8. Nick Roma Foundation - requesting fee waiver for field rental for fundraiser.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco
that the fee waiver be approved.
Carried Unanimously
RESOLUTIONS
NO. 31 - MOROCCO - THOMSON - THEREFORE BE IT RESOLVED that Niagara Falls
City Council considers the Red Bull Crashed Ice event to be an event of municipal
significance and supports the provision of extended liquor licence hours for participating
licence holders on November 30 and December 1, 2012.
Carried Unanimously
with Councillor Kerrio indicating a pecuniary interest.
NO. 32 - MOROCCO - THOMSON - THEREFORE BE IT RESOLVED that Niagara Falls
City Council considers the outdoor concert in the Victoria Centre BIA, on Red Bull Crashed
ice weekend, to be an event of municipal significance and supports the provision of a
Special Occasion Liquor Licence (SOP).
Carried Unanimously
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN
ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE
RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET.
THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT
ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA
TO BE CONSIDERED SEPARATELY.
BS- 2012 -04 - Partial Roof Repairs, Municipal Service Centre - 3200 Stanley Avenue
The report recommends the following:
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October 23, 2012
1) The contract be rewarded to Sibbald Roofing Ltd. at the quotation price submitted
of $117,520.00.
2) That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
BDD- 2012 -08 - Celebrate Ontario Grant re New Year's Eve Show. The report
recommends that Council authorize the Mayor and Clerk to sign the Celebrate Ontario
Agreement.
F- 2012 -46 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $23,738,965.98 for the period
August 23, 2012 to October 3, 2012.
F- 2012 -47 - 2011 Consolidated Financial Statements, The report is recommended for
the information of Council.
HR- 2012 -07 - Agent of Record (Benefits Broker). The report recommends that Council
approve Mosey -Mosey Benefits Consultants as the recommended Agent of Record
(Benefits Broker), for the City of Niagara Falls employee group benefits for up to a five (5)
year contract period, commencing January , 2013.
MW- 2012 -48 - M.F. Ker Park Agreement. The report recommends the following:
1. That City Council approve the five -year extension of a license agreement to use
Hydro One lands adjacent to M.F. Ker Park, and
2. That the Mayor and Clerk be authorized to sign the corresponding documentation.
MW- 2012 -50 - Second Avenue from Bridge Street to North End Hamilton Street from
Third Avenue to Second Avenue Road Reconstruction and Underground Services.
The report recommends the following:
1. The contract be awarded to the lowest bidder Provincial Construction Ltd. at the
tendered price of $971,584.76.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
MW- 2012 -52 - Street Light Maintenance Contract Extension. The report recommends
the following:
1) That Council approve a six -month extension to the existing Street Lighting
Maintenance contract, and
2) that the Mayor and Clerk be authorized to execute the necessary contract
documents.
MW- 2012 -53 - Oakwood Drive North Watermain Replacement. Contact# 2012 - 255 -11
- Tender Award. The report recommends the following:
1) The contract be awarded to the lowest bidder, Peters Excavating, at the tendered
price of $485,777.00.
2) That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
TS- 2012 -27 - Dixon Street Update to Parking and Traffic By -law 89 -2000. The report
recommends the following:
That Parking and Traffic Bylaw 89 -2000 be amended in conjunction with the closure of a
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October 23, 2012
portion of Dixon Street and its upcoming road reconstruction to:
1) remove the stop sign facing southbound motorists on Allendale Avenue at Dixon
Street
2) remove the stop sign facing northbound motorists on Cleveland Avenue at Dixon
Street
3) remove the stopping prohibition, tow away zone on both sides of Dixon Street
between Allendale Avenue and Cleveland Avenue.
TS- 2012 -36 - 2011 Motor Vehicle Collision Report. The report is recommended for
the information of Council.
TS- 2012 -37 - RFT09 -2012 Tender for Supply of Services for Snow Plowing of
Municipal Properties- Contract. The report recommends that
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the reports on the consent agenda be approved as recommended.
Carried Unanimously
with Councillor Kerrio indicating a conflict with TS- 2012 -27.
MW- 2012 -49 - Neighbourhood Park Improvement Project Mount Carmel and Valour
Park. The report recommends the following:
1. That the tender from Stevensville Lawn Service Inc. (2821 Stevensville Road,
Stevensville ON. LOS 1S0) for the Neighbourhood Park Improvement Project,
Mount Carmel Park and Valour Park in the amount of $188,195.00 (excluding
HST) be approved.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the report be approved.
Carried Unanimously
TS- 2012 -28 - Overnight Parking Policy and Procedure. The report is recommended
for the information of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the policy and procedures be reviewed.
Carried Unanimously
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the by -laws be given a first reading.
Carried Unanimously
2012 -100 A by -law to amend By -law No. 79 -200, to rezone a portion of the Lands
General Commercial, permit required parking for any uses on the Lands to
be provided anywhere on the Lands, and to repeal By -law No. 2003 -88.
(AM- 2011 -017)
2012 -101 A by -law to designate Lot J, Registered Plan 267 to be deemed not to be
within a registered plan of subdivision. (DB- 2012 -004)
2012 -102 A by -law to amend By -law No. 79 -200, to permit the existing building to be
converted to a dwelling containing up to 3 dwelling units. (AM- 2012 -009)
2012 -103 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Stop Signs at Intersections, Parking Prohibited,
Angle Parking, Speed Limits on Highways - (Part 2 - 60 km /h), Speed Limits
on Highways - Part 4 - 80 km /h), Prohibited Turns)
2012 -104 A by -law to authorize the execution of an Agreement with the Circle of
2012 -105
2012 -106
- 21 - Council Minutes
October 23, 2012
Friends respecting the Adopt -A- Program public service program for
volunteers.
A by -law to to authorize certain capital works of The Corporation of the City
of Niagara Falls (The "Municipality); to authorize the submission of an
application to the Ontario Infrastructure projects Corporation ( "OIPC ") for
financing such works and certain other ongoing works to authorize temporary
borrowing from OIPC to meet expenditures made in connection with such
works; and to authorize long term borrowing for such works through the issue
of debentures by the Regional Municipality of Niagara ( The "Upper -Tier
Municipality ") to OIPC.
A by -law to authorize the execution of a Licence Renewal Agreement with
Her Majesty The Queen In Right Of Ontario, as represented by The Minister
Of Infrastructure, respecting the use of a portion of its lands for parking and
recreational purposes.
2012 -107 A by -law to levy costs incurred to construct the Union Marsh Drain
2012 -108 A by -law to authorize the payment of $23,738,965.98 for General Purposes.
2012 -109 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 23' day of October, 2012.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be given a second and third reading.
NEW BUSINESS
OLG
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that
the Ontario Lottery & Gaming Act be amended to require local communities are given a say
prior to the development of any new casino within their municipality.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves
that the meeting be adjourned at 12:35 a.m.
l�-
Carried Unanimously
D AN IORFID CITY CLERK JAMES M. DIODATI, MAYOR