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04/14/2015 SEVENTH MEETING REGULAR COUNCIL MEETING April 14, 2015 Council met on Tuesday, April 14, 2015 at 5:10 p.m. for the purpose of considering Regular Business matters. Councillor Thomson offered the Opening Prayer or Invocation. All members of Council, except Councillor Campbell were present. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the minutes of the March 24th meeting be approved, as amended. DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a pecuniary interest with Communication #5, related to Niagara Falls Tourism. * * * * * ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that Communications # 4 and 5 be moved up on the agenda and dealt with now. Carried Unanimously 4. Royal Canadian Legion A.C. McCallum Memorial Branch 479 — requesting waiver of fees related to a parade associated with the 49th Biennial Convention of the Ontario Provincial Command and related parade route on May 9th RECOMMENDATION: That staff be directed to continue to work with the Legion and affected BIA's. Diane Condon, President of Legion Branch 479, Spring Street, outlined their upcoming convention and planned parade route. She questioned why the road closures associated with the parade had to be for four hours. She also felt that the parade should take precedence over local business association interests. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that Council approve the route, as proposed by the Legion, and provide a grant equal to the fees associated with the road closure. Carried Unanimously 5. Niagara Falls Tourism — requesting that Council reconsider their decision to defer a decision on funding related to the "Matched Destination Marketing Fund" RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that a motion for reconsideration be approved. Carried Unanimously with Councillor Kerrio declaring a conflict. Council Minutes April 14, 2015 ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that Catherine McNabb, Executive Director for Niagara Falls Tourism, be allowed to address Council. Carried Unanimously with Councillor Kerrio declaring a conflict. Catherine McNabb, Executive Director for Niagara Falls Tourism, outlined the Matched Destination Marketing Fund, the timing and the partners. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the Niagara Falls Tourism request for funding related to the "Matched Destination Marketing Fund" be approved. Councillor Campbell Absent Councillor Craitor AYE Councillor loannoni AYE Councillor Kerrio Conflict Councillor Morocco NAYE Councillor Pietrangelo s AYE Councillor Strange AYE Councillor Thomson AYE Mayor Diodati AYE Motion Carried with Councillor Morocco opposed and Councillor Kerrio declaring a conflict. * * * * * Overnight Parking Request System Online Paul Brown, Manager of Parking Services, made a presentation to Council on the on-line overnight parking request system. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the presentation be received. Carried Unanimously * * * * * BUDGET MATTERS Councillor Pietrangelo chaired the budget meeting. Todd Harrison, Director of Finance, provided an update on the proposed operating budget. ORDERED on the motion of Councillor Morocco, seconded by Mayor Diodati that the Operating Budget be approved. Carried Unanimously Mayor Diodati stepped down as Chair. * * * * * 2 Council Minutes April 14, 2015 PRESENTATIONS/DEPUTATIONS Long-time Committee Volunteers Mayor Diodati recognized long-time committee volunteers and presented them with plaques on behalf of the Members of Council. Carm Dix, Niagara Falls Public Library, 34 years Karen Fraser, Arts & Culture, 18 years Sam LaRosa, Property Standards Committee, 17 Years Jack Collinson, Committee of Adjustment, 14 years Chuck Antonio, Committee of Adjustment, 18 years PLANNING MATTERS PBD-2015-15 – 26T-2015-001 & AM-2015-001, Warren Woods Estates Phase 3 Stage Draft Plan of Subdivision and Zoning By-law Amendment Application. 7913 Kalar Road. Owner: 1340258 Ontario Inc (Robert O'Dell – Managing Partner) Provincial Policy Statement and Growth Plan PROVINCIAL POLICY STATEMENT AND GROWTH PLAN The applications are consistent with the Growth Plan and Provincial Policy Statements as follows: • within the urban boundary and a Greenfield Area. • achieves 55 people and jobs per hectare which meets the target of 53 people/jobs/ha. • contributes to the City's supply of building lots. GARNER SOUTH SECONDARY PLAN Lands are designated Low Density Residential and intended to be developed at a minimum density of 16 un/ha. The applications conform to the Secondary Plan as follows: • subdivision is located in a portion of the Secondary Plan that is expected to be developed for single detached dwellings • has an overall density of 22 un/ha • Is a logical extension of the Warren Woods Phase 3 Stage 2 Plan, to the south. ZONING Subject lands are currently zoned Development Holding (DH) Zoning is requested to be changed to the same R1 F zone which applies to the draft approved subdivision to the south. The zone changes would be as follows: lot area – lot frontage — rear yard – interior side yard – exterior side yard – height – lot coverage – landscaped open space – driveway width. The requested amendments can be supported for the following reasons: • the regulations will facilitate compact form; • a lot coverage regulation is unnecessary because the development of the compact lots will be addressed by building setbacks; • the building setbacks maintain separation distances between dwellings and the street and contribute to the desired built form. • Requested increase in building heights (12.5 m) are a concern to Cytec, due to the proximity of the subdivision to their chemical manufacturing facilities. Applicant & Cytec have agreed to a revised standard of 11.5 m or 2.5 storeys, whichever is lesser. 3 Council Minutes April 14, 2015 Staff are proposing the Hydro corridor to the north, currently zoned DH be placed under same R1F zone as subject lands in order to provide continuity with zoning of lands to south and assist in preventing uses incompatible with abutting residential uses. SUBDIVISION DESIGN AND CONDITIONS OF APPROVAL Is continuation of Warren Woods Phase 3 subdivision. Lots are proposed along extensions of streets that are laid out in the Phase 3 Stage 2 subdivision. Although the Hydro corridor is not part of this subdivision, the applicant hopes to acquire this corridor and will construct a road that will connect with the streets proposed in this subdivision. Hydro One has requested fencing and warning clauses in the event that transmission lines are installed along the corridor in the future. Cytec has also requested a warning clause advising residents of their chemical manufacturing facilities. Parkland dedication will be taken for this subdivision as cash-in-lieu in accordance with the Planning Act. Other conditions in Appendix A are standard requirements. RESIDENT CONCERNS Residents from Warren Woods Phase 1 subdivision have expressed concerns about the potential of hydro transmission lines being installed in the corridor between the subject lands and the Phase 1 subdivision. Although the developer is in the process of acquiring these lands, Hydro One would still maintain an easement in case it is needed for transmission lines. Utilities are regulated by the Province and therefore Municipal zoning by-laws would not prohibit their use in the future should Hydro One require them. Hydro One has requested the insertion of warning clauses in case transmission lines are ever installed in the future. Residents are concerned about condition of Kalar Rd. which is currently built to Rural standards. It is planned to be reconstructed to full urban standards in the future. 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. 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 zoning regulations will faciliate compact form while maintaining residential use; • Rezoning the hydro corridor the same residential zone as the abutting lots will prevent the introduction of incompatible uses and will eliminate inconsistencies between the Low Density Residential designation of the land under the Garner South Secondary Plan and Zoning By-law 79-200. Recommendation That the Warren Woods Estates Phase 3, Stage 3 Plan of Subdivision be draft approved subject to the conditions in Appendix A of the staff report (PBD-2015-15) 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. 4 Council Minutes April 14, 2015 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. 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. The Public Meeting was Closed. Jennifer Vida, Planner for the developer, was in support of the recommendations and available to answer questions. ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that the report be approved. Carried Unanimously PBD-2015-14 — AM-2014-11, Official Plan and Zoning By-law Amendment Application, 5359 River Road. Applicant: 1907782 Ontario Inc. (John Pinter) Agent: Michael Allen, ACK Architects. Proposal: Proposed Inn Background Applicant has requested an Official Plan and Zoning By-law amendment for 0.16 ha (0.4 ac) property known as 5359 River Road in order to expand an existing tourist home (bed and breakfast) to create an inn with 12 rooms for tourists. Expansion includes: • a small addition along Eastwood Ave; • a larger 3 storey addition on the west and north sides of the building; • a terrace along River Rd; and, • the construction of a pitched roof above the existing flat roof part of the building. Neighbourhood Open House Held March 9, 2015 3 Neighbours present did not object, but had the following concerns: • Cars parking on and blocking River Lane adjacent to Eastwood Crescent • Large trucks unloading on Eastwood Crescent and blocking River Lane • Garbage and recycling not properly stored in bins, causing problems with vermin and partially blocking River Lane when left out on collection day. Concerns were addressed as follows: • Applicant is owner of 4465 Eastwood Cres. He proposes to demolish garage currently used for storage to provide parking for this dwelling. • Applicant confirmed that garbage will be stored in bins and the site plan process will secure a proper waste disposal enclosure off River Lane. Planning Analysis Official Plan Lands designated Residential and are within the River Road Satellite Tourist District and also subject to Special Policy Area 32 Site specifically, a bed & breakfast establishment with 8 rooms is allowed. Alternative forms of accommodation are permitted provided the residential character of the neighbourhood is maintained. 5 Council Minutes April 14, 2015 As the property is significantly larger than most of the properties in the area, it is possible to accommodate the building additions and still maintain the landscaping so that the property continues to fit into the character of River Rd. The increase in size of the building is considered reasonable for the following reasons: • The Official Plan policies anticipate other forms of accommodation for tourists; • The property has sufficient room to accommodate parking, loading and amenity space for the additional rooms; • The building additions and the increase in the number of rooms are in scale with the existing building and will not substantially alter the use; • With the exception of the exterior side yard relief granted by the Committee of Adjustment, the proposed development meets or exceeds the setbacks and landscape requirements expected for development in this area. • The increase in traffic created by the 4 additional rooms will be minor in nature. • The proposed building alteration to the modern 1970's addition will add a pitched roof and architectural features to provide a more harmonious appearance with the residential character of the area. Although larger than a typical bed and breakfast, the proposed inn meets the general intent of the Official Plan in permitting small scale accommodations in the River Road area. The inn will provide guest rooms and breakfast for guests, but unlike a hotel, will not contain a restaurant open to the general public or other commercial uses that may disrupt the neighbourhood. Like a bed and breakfast, an innkeeper or owner will be present on-site. ZONING BY-LAW Lands zoned Residential Single Family and Two Family (R2-538) Current site specific regulations permit the existing building to be used as a dwelling and to provide up to 8 rooms for tourists. A new R2 zone with site specific regulations is requested as follows: • to permit an inn with 12 rooms for tourists and one room for an innkeeper or owner; • permit an increase in building height; • a reduction in exterior side yard width (granted through C of A); • to recognize the siting of the dwelling; and • permit one of the rooms to be located in the building that is currently a detached garage and recognize its location on the property. The requested regulations can be supported for the following reasons: • Most of the proposed standards are in excess of minimum standards and are intended to reflect existing lot area, frontage and siting, and the proposed building expansions. This will provide generous building setbacks and landscape to buffer adjacent properties. • Reduction in exterior side yard width and increase in front and exterior side yard encroachments of a deck recognizes the C of A decision. • Increase in building height is mitigated by significant front and rear yard setbacks. • Proposed setback for the former garage recognizes its current siting and will allow up to one guest room in this building. Staff recommend the amending by-law require a pitched roof over the flat roof portion to ensure the renovations to the building reflect the character of the original house. Although similar in function to a bed and breakfast it is at a scale that it would be a principle use rather than ancillary to a dwelling. 6 Council Minutes April 14, 2015 The following definition is proposed: • "INN" — means a commercial establishment catering to the needs of the traveling or vacationing public by supplying overnight accommodation in not more than 2 buildings containing a minimum of 5 guest rooms and a maximum of 12 guest rooms, with or without the provision of food, and shall contain either a bedroom or a dwelling unit for the owner/manager but does not include a bed and breakfast, a hotel, motel, restaurant, or any residential or other type of accommodation defined therein. The requested use can be supported because this definition would ensure that there is an owner or manager on the premises and would prohibit the addition of a restaurant, which may be disruptive to surrounding residents SITE PLAN Expansion of the building will be subject to site plan control. The following issues will be addressed: • Providing a proper garbage enclosure; • Require the posting of"no parking" signs along River Lane to provide blocking public access; • Preserving and protecting the existing mature trees on the property where possible and enhancing landscaping ; and • Ensuring property grading and snow storage. DEEMING BY-LAW The subject lands are comprised of two whole lots in a plan of subdivision (Lots 28 & 29, Plan 294) which were intended to be developed separately. The proposed development depends on the two lots being one parcel. If the two lots are deemed no longer to be within the registered plan of subdivision and put under the same ownership, they will be able to be merged with each other to form one parcel for Zoning & Building Code purposes. Applicant has requested City pass a `deeming by-law' to allow the development. Conclusion Application has been submitted to amend the Official Plan and Zoning By-law at 5359 River Rd. to permit 4 additional rooms for tourists and 1 room for an innkeeper. The application can be supported as follows: • The property is of sufficient size to accommodate the proposed expansion, parking areas and necessary buffering to accommodate the use and mitigate its impact on surrounding uses. • The residential character of the neighbourhood would be maintained; and, The increase in traffic can be accommodated on River Rd. Recommendation That Council approve the Official Plan and Zoning By-law amendment application to: • Reword the Special Policy Area designation to permit an inn with 12 rooms for tourists and one room for the innkeeper or owner on the subject land; and • Rezone the lands to Residential Single Family and Two Family (R2) with site specific regulations, as outlined in the staff report, to permit the dwelling on the property to be expanded and used as an inn, as defined in this report, and the conversion of the former garage on the property into one guest room. That Council pass the by-law to deem lots 28 and 29, Plan 294 to no longer be with the registered plan of subdivision to permit them to merge in title and become one parcel. 7 Council Minutes April 14, 2015 Ken Crossman, a River Road resident, expressed concern with the placement of the garage bins. questionned the required parking spots, staff parking and whether a property across the street is associated with the development. Michael Allen, agent for the applicant, indicated that the development has refurbished a vacant building in decline, with an expansion that fits the design of the original building. The accommodation will be fully accessible. Delivery schedules have been tweaked to deal with the neighbour's concerns, an enclosure has been built to contain the garbage, parking meets the City requirements and pointed out that chambermaid staff would attend when most of the visitors have left and indicated that the property across the street, although owned by the applicant, is separate. Jennifer Vida, Upper Canada Consulting, outlined the heritage aspect of the building and highlighted that there is an Innkeeper's suite and that the innkeeper would be present at all times. The Public Meeting was Closed. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the report be approved. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to Frank Bartolini, a firefighter on the passing of his father Emidio Bartolini and to the family of Tim Hoday, A first class firefighter who passed away. Mayor Diodati advised of recent events: State of the Region by Alan Caslin; Bickles Hardware donation recognition; Miss Club Italia Pageant; Stamford Collegiate play at the SCC; Niagara Community Outreach Fundraising dinner; Rugby Canada trophy tour; SCVFA Stamford Centre Volunteer Firefighter's Association Annual Easter Egg Hunt; NFPFFA Retirement Dinner; Skylon Stair Climb for Cancer; Mayor's Lasagna Dinner for Development and Peace. Mayor Diodati advised of upcoming events: Grand opening — The Old Crow Bar Bistro, April 17th; and Accountax 40th Anniversary, 5824 Main Street, April 21st at 4:00 p.m. * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Minister Responsible for Seniors Affairs - requesting that the month of June be proclaimed as "Seniors' Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the request be approved. Carried Unanimously 8 Council Minutes April 14, 2015 r Inc. - requesting that the month of June be 2. Niagara Peninsula Energy q g proclaimed as "National ElectricityMonth" and that the commemorative flag be flown for the month. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved. Carried Unanimously 3. Kerr-Boom Pyrotechnics - requesting a fireworks display in association with a wedding at Legends on the Niagara on Saturday, April 18th RECOMMENDATION: For the Approval of Council, subject to insurance requirements. ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 6. Memo from the City Clerk - regarding the Council member appointments. RECOMMENDATION: For the Decision of Council In addition to the list provided, the following appointments were finalized: Niagara Convention Centre — Councillor Thomson Illumination Board — Councillor Thomson Niagara Falls Art Gallery — Councillor Craitor Recreation Committee — Councillor Strange Budget Chair— Councillor Pietrangelo ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the appointments be approved. Carried Unanimously 7. Operation Lifesaver — Request that Public- Rail Safety Week be proclaimed for the week for April 27,2015 — May 3,2015. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that the request be approved. Motion Carried with Councillors Craitor and Thomson opposed. 8. Niagara Regional Labour Council- Requesting that April 28th be proclaimed as "National Day of Mourning" in the City of Niagara Falls and that the flags be lowered. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that the requests be approved. Carried Unanimously 9 Council Minutes April 14, 2015 * * * * * RATIFICATION OF "IN CAMERA" MATTERS ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the recommendations from the April 14th meeting be approved. L-2015-13 - Ontario Municipal Board Appeal, Official Plan Amendment No. 106, Northwest Quadrant Urban Boundary Expansion That Council direct staff to seek leave to appeal to the court, and file a motion of reconsideration to the Ontario Municipal Board (OMB), regarding the OMB decision to reject Regional Official Plan Amendment No. 106 and City of Niagara Falls Official Plan Amendment No. 106 (North West Quadrant Urban Boundary Expansion). Carried Unanimously * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by-laws be given a first reading. Carried Unanimously 2015-37 A by-law to designate Lots 28 and 29, Plan 29, now known as Plan 294, to be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990 (DB-2015- 002). 2015-38 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, Yield Signs at Intersections). 2015-39 A by-law to hereby authorize the execution of an amending agreement related to a Contribution Agreement, under the Cenotaph Restoration Program, between Her Majesty the Queen in right of Canada, as represented by the Minister of Veteran Affairs and the City of Niagara Falls. 2015-40 A by-law to delegate all the powers and duties granted or vested in the Head of the Municipal Corporation for the purposes of the Municipal Freedom of Information and Protection of Privacy Act. 2015-41 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of April, 2015. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Stramge that the by-laws be given a second and third reading and passed. Carried Unanimously * * * * * 10 Council Minutes April 14, 2015 NEW BUSINESS FCM ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Councillors loannoni and Morocco be approved to attend the FCM conference. Carried Unanimously * * * * * ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the meeting be adjourned at 7:50 p.m. Carried Unanimously C.) DE N IORFI A, CI Y CLERK JAMES M. DIODATI, MAYOR 11