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03/10/2015 FIFTH MEETING REGULAR COUNCIL MEETING March 10, 2015 Council met on Tuesday, March 10, 2015 at 5:10 p.m. for the purpose of considering Regular Business matters. Councillor Pietrangelo offered the Opening Prayer or Invocation. All members of Council were present. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the minutes of the February 24th meeting be approved as printed. Councillor loannoni asked that she be shown opposed to Resolution 2015-05, related to the Investing in Regional Diversification (IRD) application from the February 10, 2015 meeting. Carried Unanimously * * * * * DISCLOSURES OF PECUNIARY INTEREST No disclosures. * * * * * PRESENTATIONS 5:00 P.M. School Area Safety Presentation Marzenna Carrick, Paul Brown and Julie Ellis from the Transportation Services department made a presentation on school zone safety and the new crossing guard program. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell to receive the presentation. Carried Unanimously * * * * * BUDGET MATTERS Councillor Pietrangelo chaired the budget meeting. Todd Harrison, Director of Finance, made a presentation to Council outlining the 2015 Capital budget. Garth Hutcheon, Chippawa Lions Club, outlined how the tennis courts have been closed at the park for most of last summer due to cracks. Staff estimates that the cost is $63,000. The Lions Club would like to see the project in the 2015 Capital Budget. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff review and report back on appropriate service levels, methodology used, equipment required and what is done in other municipalities related to snowploughing. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that the tab ten capital budget items be considered with the remaining OLG funding and that consideration of the Capital Budget be referred to the March 24th meeting. Carried Unanimously Council Minutes March 10, 2015 ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that staff report back on breaking down the Desson/Buchanan infrastructure project into phases. Carried Unanimously ORDERED on the motion of Councillor Strange, seconded by Councillor loannoni that staff report back on deficiencies at Oakes Park. Carried Unanimously. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the capital budget be deferred until the March 24th meeting and that staff report back on the tennis courts at Chippawa Lions Club at the time when remaining capital projects are considered with any leftover OLG funding. Carried Unanimously Councillor Pietrangelo stepped down as Chair. PRESENTATIONS/DEPUTATIONS Niagara Poverty Reduction Network Carol Stewart-Kirkby made a presentation to Council outlining the work being done by the Niagara Poverty Reduction Network (NPRN). ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that staff bring back a report on a possible municipal plan related to poverty reduction, including possible designated municipal warming and cooling centres. Carried Unanimously Niagara Community Outreach Kitchen Chris Watling of the Niagara Community Outreach Kitchen addressed Council on the work of the kitchen and advised of an upcoming Fundraiser being held at Remingtons on Victoria Avenue, March 31, 2015. A.N. Myer Girls Curling Mayor Diodati recognized the A.N. Myer Girls Curling Team for their Provincial Championships and presented them with awards. * * * * * PLANNING MATTERS 7:00 PBD-2015-11, 26T-11-2014-002 & AM-2014-010. Warren Woods Estates phase 4 Stage 1 Draft Plan of Subdivision and Zoning By-law Amendment Application, 7983-8003 Montrose Road. Owner: 1340258 Ontario Inc. (Robert O'Dell — Managing Partner). Agent: Upper Canada Consulting (Jennifer Vida) Background The applicant has applied to subdivide the westerly 8.2 ha (20 ac) of the lands known as 7983-8003 Montrose Road into 168 lots for single detached dwellings, a block for a stormwater management pond and a block for a walkway connection to future trails. The applicant has also applied to amend Zoning By-law No. 79-200 to provide the necessary regulations to guide the construction of dwellings on the lots and identify lands for parks and environmental purposes. 2 Council Minutes March 10, 2015 Planning Analysis Provincial Policy Statement and Growth Plan The applications are consistent with the Growth Plan and Provincial Policy Statements as follows: • Involve the development of lands within the urban boundary and a Greenfield area; • Achieve a density of 53.68 people/jobs per hectare which meets the City's target of 53 people/jobs per hectare; and • Contribute to the City's supply of building lots. Garner South Secondary Plan Lands are designated Low Density Residential, in part, and Environmental Protection Area, in part. • The applications conform to the Secondary Plan as follows: • The subdivision provides lots for single detached dwellings and is located in a portion of the Secondary Plan that is expected to be exclusively single detached dwellings; • The subdivision has an overall density of 21.51 units per hectare which is above the minimum density of 16 units per hectare; • Although the subdivision is comprised of lots exclusively for single detached dwellings, they vary in size and other phases of the Warren Woods development provide for other forms of housing; and • The subdivision is in proximity to Niagara Square shopping centre and public transit. Zoning • Subject lands are currently zoned Light Industrial (LI), in part, and Hazard Land (HL), in part in accordance with Zoning By-law No. 79-200. • Lots 1-168 and Hydro corridor lands are to be changed to the R1F zone with site specific provisions: lot area — lot frontage — maximum projection of 1 or 2 storey porch into front yard or exterior side yard— rear yard — interior side yard — exterior side yard — height— coverage — landscaped open space — driveway width. The requested amendments can be supported for the following reasons: • the regulations will facilitate compact form and are in keeping with those established for other subdivisions in the neighbourhood; • 32% of lots have reduced frontage of 8.2 m; • 68% of lots have frontage greater than 10 m; • the lot coverage regulation is unnecessary because the amount of development which can occur will be addressed by building setbacks; • additional height will accommodate steeply pitched roofs; and • the building setbacks maintain adequate separation distances between dwellings and the street and contribute to the desired built form. Contrary to the maximum height of 12.5m noted in the report, the maximum building height will be limited to 11.5 as agreed upon by the applicant and Cytec. Block 169 is requested to be rezoned to OS The stormwater management pond and the lands to the south of lots 99-122 are requested to be rezoned EPA. These amendments can be supported because: • the regulations for the OS zone will reflect that Block 169 is intended to serve as 3 Council Minutes March 10, 2015 a walkway and gateway to a future trail; and • the EPA zone will recognize the natural heritage feature that should be protected Subdivision Design and Conditions of Approval This is the 4th phase of development in the neighbourhood and the first east of Kalar Road. The road pattern in the proposed subdivision generally provides good movement of traffic with multiple connections to Kalar Road. Standard conditions of approval apply. Staff is concerned that the widths of some of the smaller lots together with the proposed driveway widths will limit the opportunity for on-street parking. This will be addressed on the driveway location plan which will be included in subdivision agreement. The plan will be designed to ensure driveways are spaced to achieve an optimal amount of on- street parking. A temporary 15 m turnaround facility is proposed at the end of Street "C" for fire trucks. A condition of approval has been included to address its maintenance. Parkland dedication will be taken as cash-in-lieu. Conditions of approval contained in Appendix A are standard requirements. Conclusion The applicant has applied to subdivide the lands and amend the Zoning By-law to guide the construction of the dwellings on the lots and identify lands for park and environmental purposes. The application and amendment can be supported for the following reasons: • Proposal complies with the Provincial and Regional policies; • Proposal complies with Garner South Secondary Plan with respect to densities; • Proposed R1F zoning allows for compact residential development; • Rezoning Block 170 (proposed stormwater management pond) and the lands south of Lots 99-122, which contain another stormwater management pond and a water course to an Environmental Protection Area zone will recognize and protect these features; • Rezoning Block 169 Open Space will ensure its maintenance for its intended use as a walkway; and • Rezoning the hydro corridor the same residential zone as the abutting lots will prevent the introduction of incompatible uses and will eliminate inconsistencies between Zoning By-law No. 79-200 and the Official Plan (Garner South Secondary Plan) which designates the lands as Low Density Residential. The application and amendment can be supported for the following reasons: Recommendation That the Warren Woods Estates Phase 4 Stage 1 Plan of Subdivision be draft approved subject to the conditions in Appendix A of the staff report (PBD-2015-11) 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 draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. That the application to amend the Zoning By-law be approved as detailed in this report. 4 Council Minutes March 10, 2015 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. Jennifer Vida, Upper Canada Consulting, agent for the applicant, was pleased with the staff report and recommendations and was available to answer any questions of Council. The Public meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that the report be approved, with the agreed upon height limit of 11.5m. Carried Unanimously * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to the family of Captain Ray Hudson, Fire Department Retiree, to the family of Ryan Hassim, an employee from Municipal Works Department and to the family of Pacifico Sacco, a city retiree. Mayor Diodati advised of recent events: clocks went ahead last weekend, so a reminder to change batteries and carbon monoxide alarms, Southern Tier Mayor's luncheon, Meridian Ice Cup Challenge — Congratulations to Niagara Falls Flyers Team, Ledgers Grand opening, LA Fitness Grand opening, Cuvee Fallsview Casino, YWCA Niagara Hockey Helping Homes event, Niagara Falls tourism AGM, State of the City Address, Festivals and Events Ontario Awards Gala, 40th Anniversary of the Hair Lovers, Valley Park Lodge 30th Anniversary Celebration, and Niagara Community Design Awards. Mayor Diodati advised of upcoming events: GO Rally and March Break. * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Al and Sherry Dobbin — requesting a donation in association with their Autism Awareness event on April 12th, 2015. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that a grant equal to the ice time rental fee be provided. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that staff amend by-laws to exempt service dogs, with appropriate proof, from the annual dog licensing fee. Carried Unanimously * * * * * 5 Council Minutes March 10, 2015 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. CD-2015-04 - Closed Meeting Complaints - Ombudsman's Reports The report is recommended for the information of Council. ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni that a letter of thanks be sent to the Ombudsman, that staff implement recommendations 1 to 4 and that the Clerk report back on recording In Camera meetings. Motion Carried with Councillor Thomson opposed. PBD-2015-10 DB-2015-001 Deeming By-law Application, Block 15, except Part 1, Plan 59R-9866 and Block 27, except Part 1, Plan 59R-9866 and Applicant: Perry and Christine Little The report recommends that Council pass the by-law appearing on tonight's agenda to deem Block 15, except Part 1, Plan 59R-9866 and Block 27, Plan 59M108 & Block 15 and 16, Plan 59M237 to no longer be within the registered plans of subdivision, to enable them to merge. TS-2015-05 - Jepson Street - Parking Review The report recommends that the existing "No Parking At All Times" restriction on the north side of Jepson Street from Victoria Avenue to a point 12 metres east of Victoria Avenue be extended to a point 50 metres east of Victoria Avenue. TS-2015-06 - Emery Street - Parking Review The report recommends the following: 1. That parking is restricted on the south side of Emery Street between Temperance Avenue and Banker Avenue. 2. That parking is restricted on the north side of Emery Street from Temperance Avenue to a point 10 metres west of Temperance Avenue. TS-2015-07 - Royal Manor Drive at Strathmore Crescent - Intersection Control Review The report recommends that a yield sign is installed facing traffic for each of the three minor approaches at the Royal Manor Drive and Strathmore Crescent intersection. TS-2015-08 - Snow Clearing Protocol - Transit Stops The report recommends that the report be received for the information of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the remainder of the Consent Agenda be approved. Carried Unanimously 6 Council Minutes March 10, 2015 CD-2015-05 — Citizen Appointments The report recommends that Council vote on the volunteers for various advisory committees, boards and commissions. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that Council approve the selections for the various committees, boards and commission and that the top eight applicants be appointed to the Arts & Culture Committee. Carried Unanimously * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 2015-26 A by-law to designate Block 15 and 16, Plan 59M237 & Block 15, except Part 1, Plan 59R-9866 and Block 27, Plan 59M108 to be deemed not to be within registered plans of subdivision for the purpose of subsection 50(3) of the Planning Act. R.S.O. 1990 (DB-2015-001). 2015-27 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10th day of March, 2015. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading and passed. Carried Unanimously * * * * * NEW BUSINESS Dispatch Services ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff prepare a report on dispatch amalgamation. Carried Unanimously Fire Arbitration ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that staff report back on the impact of the recent arbitrator's decision related to 24-hour shifts at the St. Catharine's Fire Department. Carried Unanimously * * * * ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the meeting be adjourned at 8:35 p.m. Carried Unanimously o .. DEAN IORFID A , CI Y CLERK JAMES M. DIODA I, MAYOR 7