GENERAL COMMITTEE MINUTES
TWENTY-FIRST MEETING, REGULAR, MONDAY, JULY 30, 2007
Present: Mayor Brian McMullan Councillor Jeff Burch Councillor Dawn Dodge Councillor Mark Elliott Councillor Heather Foss Councillor Andrew Gill Councillor Joseph Kushner Councillor Bill Phillips Councillor Peter Secord Councillor Len Stack Councillor Jennifer Stevens Councillor Greg Washuta Councillor Bruce Williamson
Officials Acting Chief Administrative Officer, Mr. Colin Briggs Present: Director of Corporate Support Services, Mr. Ken Todd Assistant Fire Chief, Mr. Daryl Whiteley Director of Economic Development and Tourism Services, Mr. David Oakes Director of Transportation and Environmental Services, Mr. Paul Mustard City Solicitor, Ms. Annette Poulin Manager, Planning Services, Ms. Judy Pihach Acting Director of Recreation and Community Services, Mr. James Benson Committee Secretary, Ms. Susan Harrison
Mayor Brian McMullan took the chair and called the meeting to order in Council Chambers, City Hall, at six thirty-five o'clock p.m.
ITEM NO. 422 Report from the Planning Services Department, Dated July 19, 2007, Re: Application for Amendment to Zoning By-Law 62-86 (Zone 7) and an Application for Draft Plan of Subdivision to Permit the Development of Seventeen (17) Single Detached Dwellings 61 Moffatt Street Owner: Premier Conglomerate Group Inc. Applicant: Upper Canada Consultants Subdivision Submission: 26T-10-06004 Files: 60.35.913 and 60.46.358
COUNCILLOR SECORD DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 422 of the General Committee Minutes, July 30, 2007. - 2- General July 30, 2007
Purpose
These applications propose residential development on approximately 1.0 hectare of land on Moffatt Street. The development originally proposed 17 single detached dwellings on a public road. The draft plan of subdivision originally proposed by the applicant (Old Bank Estates) is attached as Appendix "A". The zoning amendment proposes to retain the existing R2B zoning but include alternative lot provisions to recognize the lot design proposed.
Council should note that staff are recommending a revision to the draft plan of subdivision, as discussed in the Planning Considerations section of this report, and as outlined in a revised draft plan of subdivision dated June 29, 2007, in Appendix 'B' . The staff revision includes a road connection to facilitate potential development opportunities on lands to the south of this site.
A location map of the subject lands is attached as Appendix "C".
Background
As part of its consideration of this application, Council should be reminded of the following recent proceedings which have transpired in this neighbourhood.
This application was originally scheduled to be considered by Council on June 11, 2007. At the request of the applicant, the public meeting was deferred until July 30, 2007 in order to further discuss with staff some outstanding issues.
On June 11, 2007, Council deferred consideration of a plan of subdivision and rezoning for a proposed 44 unit townhouse development at 143 Moffatt Street, a site north of this property in the same Moffatt Street neighbourhood. Council directed staff to provide additional information regarding the costs of providing an additional road access and/or emergency access to this area, options to cost share with developers in construction of the same, and the implications of a 1989 OMB decision requiring emergency access for a residential development proposed back in 1989. These applications are scheduled for Council's consideration on July 30 2007. Although these issues were raised in conjunction with the 143 Moffatt Street development proposal, these same issues relate to these current applications for 61 Moffatt Street.
On June 18, 2007, Council authorized staffto proceed to initiate amendments to the Official Plan and zoning by-law to implement the recommendations of the Oakdale/ Moffatt Reclaiming Ground Study, including the designation of this area as a Community Improvement Area.
On July 9, 2007, Council approved revisions to its emergency access policy, including a policy which stipulates that dead end street greater than 500 metres be considered for development without an additional public road, or without an emergency access,· providing approval is granted by the Fire Chief who may require additional fire protection measures.
The Planning Considerations section of this report will address these matters as they relate to these applications on 61 Moffatt Street.
Site Analysis
a) Location: The subject property is located in the Oakdale Neighbourhood in the City's East Planning District. More specifically, the subject lands are located on the west side of Moffatt Street, south of Disher Street north of Marshall Lane (See Appendix "C"). b) Existing Land Use:
i) Site: The subject property is an assembly of several adjacent lots. The site is partially used for outside storage, one single detached dwelling and several - 3- General July 30, 2007
smaller accessory buildings. The total subject land has an area of about 1.079 hectares ofland with 42.018 metres offrontage on Moffatt Street.
ii) Surrounding Area:
North: Residential East: Old Welland Canal and associated valley lands South: Residential West: Highway 406 c) Official Plan:
The Official Plan designates the subject land as Neighbourhood Residential. The Neighbourhood Residential designation permits all types of residential development. The proposed use conforms to the requirements of this designation. No amendment to the Official Plan is required. d) Zoning:
The subject lands are currently zoned Residential Second Density (R2B) permitting single detached dwellings. The amendment proposes to retain the Residential Second Density (R2B) zone but amend the standard zone requirements regarding lot frontage area
Concurrent Applications
On November 15, 2006, the Committee of Adjustment approved applications for consent to assemble portions of adjacent lots to create the subject site, subject to several conditions. The conditions must be met by November 15, 2007.
Circulation Comments
The subject applications were circulated to all appropriate departments and agencies for their comments and any specific conditions and requirements.
Regional Planning notes that the subject lands are within the Urban Area boundary of the Regional Policy Plan. The proposed density of the development meets the City's definition of medium density, however it appears that there is an opportunity to realize greater density through flexible zoning and permitting semi-detached or townhouse units. Regional Planning Staff has not received any information supporting the feasibility of the proposed development according with the Ministry's Noise Assessment Criteria in Land Use Planning Guidelines. As a condition of draft approval, a noise study should be prepared and submitted to assess noise levels, impacts and attenuation requirements in accordance with MOE guidelines. Regional Public Works have indicated that servicing for the development can be accommodated.
Fire Services advises that the development can be supported if certain conditions can be met as follows: i) all dwelling units be sprinklered ii) parking be prohibited on both sides of Moffatt Street to facilitate access for emergency service vehicles.
Access and traffic concerns were addressed in comments from Transportation and Environmental Services and these issues are discussed in the Planning Considerations section of the report. In terms of servicing the existing sanitary sewer (part ofthe Port Weller Trunk Sewer) has been subject to several studies to deal with basement flooding. It is suggested that construction measures be required that would protect against basement flooding. Appropriate MNR and MOE approvals will be required for servicing. - 4- General July 30, 2007
The Ministry of Transportation has identified that this development is within Ministry Permit Control and that Ministry issued building/land use permits are required.
Several agencies noted specific conditions that would be required in the draft plan of subdivision. These conditions are included in Appendix "D".
Open House
An Open House was held on Tuesday, April10, 2007. Ten (10) people attended a combined Open House for 61 Moffatt Street and 143 Moffatt Street (a proposal to facilitate the development of 44 townhouse units on the north end of Moffatt Street). The following issues were raised: i) Disher Street is the only access to this neighbourhood, and a second public road and/or emergency access is needed in the event that Disher Street is blocked. ii) Moffatt Street is narrow. Pedestrian safety is an issue, particularly where there are no sidewalks. The limited width of Moffatt Street was discussed and winter driving conditions were also noted as key concerns for residents to the south of Disher Street on Moffatt Street. iii) The proposed development was also discussed including the proposed type and height of buildings and structures. iv) the drainage impact of the new development on the existing residential area to the north.
These matters are addressed in the Planning Considerations, Staff Recommendations and in appendices to this report.
Planning Considerations
Provincial Policy
The Provincial Policy Statement (PPS) requires the City to provide .opportunities for a range of housing densities and types for current and future residents. The development will provide a residential housing option compatible with the existing neighbourhood. The PPS stresses identifying opportunities for intensification and redevelopment in built-up areas where existing services and facilities can be used. Efficient use of existing services and infrastructure is also emphasized in 'Places to Grow. Better Choices Brighter Future Growth Plan for the Greater Golden Horseshoe, 2006'. The plan of subdivision proposes to develop lands that have been under-utilized, increasing the efficiency ofthe land and the existing services in the area. 'Places to Grow' also establishes a minimum density target of 20 units per hectare. An overall density of 16.7 units per hectare is proposed on this site, which is slightly below the Places to Grow density targets. Staff, however, are prepared to accept this density based on an average density of over 20 units per hectare being achieved between this site and the townhouse development proposed at 143 Moffatt Street.
Regional Policy Plan
The subject lands are within the City's Urban Area defined by the Regional Policy Plan. The proposed mix of housing types is also supported by the Regional Policy Plan.
Official Plan
Section 3.2 b) of the Official Plan supports residential development and residential intensification which would provide a range of dwelling unit types, lot sizes and tenure throughout the Neighbourhood Residential designation, subject to ensuring the quantity, variety and affordability of housing, and providing the location and design of housing is in keeping with - 5- General July 30, 2007 the character of the existing neighbourhood. The larger Oakdale Moffatt Neighbourhood is a predominately low to medium density neighbourhood made up of a mix of single detached, semi detached, duplex and apartment dwelling types. The immediate Moffatt Street area is predominately one and two unit dwellings, with a limited number of multi-unit dwellings and townhouses currently under construction further south on Abbott Street West. The proposed single dwellings are in keeping with the overall neighbourhood.
The Official Plan defines low density residential development as development with less than 25 dwellings per hectare. The gross density of the proposed development is 16.7 dwellings per hectare putting it at the within the low density range. The overall neighbourhood falls within the low density range. The lands are in close proximity to parkland and open spaces (the Weiland Canal valley system) and transit service on Oakdale A venue. Shopping facilities are located a bit further away including Hartzel Road and the Pen Centre. Staff consider this development to meet the policies of the Official Plan.
Oakdale -Moffatt Smart Growth Study
A recently completed Smart Growth study of the area (Reclaiming Ground in Neighbourhoods of Oakdale Moffatt) recommended a series of initiatives to encourage the revitalization ofthe Oakdale Moffatt area. The study recommends the redevelopment of key vacant and underutilized lands and identifies the lands on the western side of Moffatt Street abutting Highway 406 as one of the key sites. These underutilized lands represent an ideal opportunity to increase the number of dwelling units in the community. On June 18, 2007, Council authorized staff to proceed to initiate amendments to the Official Plan and zoning by-law to implement the recommendations of the Oakdale/ Moffatt Reclaiming Ground study, including the designation of this area as a Community Improvement Area.
The proposal is in keeping with the recommendations ofthe study.
Zoning
The application proposes to retain the existing Second Density Residential (R2B) zoning which permits single detached, semi-detached, and duplex dwellings as of right. The amendments proposed to the existing R2B zoning are required to address site specific provisions relating to setbacks. These site specific provisions are outlined in the staff recommendation and considered to be minor. Council should note that one of the concerns raised at the Information Meeting related to the height of proposed new dwellings. No changes are recommended to the maximum 11.0 metre height limit, which applies to all residentially zoned properties in the area. The maximum dwelling height is intended to be two stories which staff consider to be acceptable in any residential neighbourhood.
Draft Plan a/Subdivision
The original layout of this subdivision included a cul de sac configuration, as outlined in Appendix 'A'. In consideration of maximizing future development opportunities on abutting lands to the south, staff are recommending the design be amended to provide for a future road connection to the south to ultimately connect with Abbott Street West. The revised subdivision design, outlined in Appendix 'B ', results in one additional lot, for a total of 18 residential lots. The revised design recognizes and provides for the opportunity for further residential intensification to the south. The provision of a circuitous road system improves emergency service as well.
Overall the revised draft plan of subdivision (Appendix "B") can be supported with conditions as outlined in Appendix "C". Standard conditions are recommended to ensure adequate servicing, drainage and storm water management, landscaping, and similar details of development. Council should note that the conditions of draft plan approval also include the following to address specific concerns: - 6 - General July 30, 2007 i) additional measures be required as part of the subdivision agreement to provide for protection from basement flooding. ii) in addition to sidewalks being constructed within this development, the developer be required to construct a connecting sidewalk link along Moffatt Street from this development to the existing sidewalk on Moffatt Street. Council's current sidewalk policy provides for connecting sidewalk links to be constructed as part of a subdivision approval. The lack of sidewalks in this area was raised by residents as a concern and this requirement addresses that issue. · iii) measures be included in the subdivision agreement to ensure the existing emergency access at the south end of Moffatt Street is upgraded to maximize its effectiveness as an emergency access route including but not limited to, grading, clearance of vegetation to provide adequate sight lines, surface treatment, and possible widening. These upgrades will provide some assurance to residents that this route is improved as an emergency access point and may be available as an evacuation route, if.need be.
Status ofExisting Emergency Access
The Disher Street bridge provides the only public street access to this neighbourhood. This situation has prevailed for many years. An existing approved emergency access is available at the south end of Moffatt Street, over the CN mainline. Although it is not ideal because it is lengthy, crosses the CN mainline, and may have less than desireable grades at certain points, it does serve to provide additional means of entry into the neighbourhood in an emergency situation where the Disher Street bridge might be blocked. It was originally approved as a condition to permit the Jehovah's Witnesses Kingdom Hall at 93 Moffatt Street, and was recognized as an acceptable emergency access for the approval of a plan of subdivision currently under construction on Abbott Street West. Since it was established in 1991, this access has never been used for emergency services. It is routinely used as a pedestrian and cycling crossing to access recreational trails to the south of the CN mainline. As referenced above, staff is recommending as a condition of draft plan approval, that upgrades to this emergency access be included as a condition of draft plan of subdivision approval.
New Emergency Access Policy
On July 9, 2007, Council approved a new emergency access policy, as outlined in Appendix 'E' . Under the new policy, dead end streets greater than 500 metres may be considered for development, without an additional street access, or without an emergency access, providing approval is granted by the Fire Chief who may require additional fire protection measures.
In this case, the street system is essentially a dead end street. The distance from the most distant lot proposed in this plan of subdivision, to the Oakdale A venue/Disher Street intersection is approximately 560 metres, and accordingly, is subject to approval by the Fire Chief. In this case Fire Services has recommended approval providing the following conditions are met: i) all units be sprinklered in accordance with NFP A 13 (National Fire Protection Association) ii) On-street parking be prohibited on both sides of Moffatt Street to facilitate ready access by emergency vehicles.
Staff are recommending, in addition to the recommendations of Fire Services, that upgrades to the existing emergency access at the south end of Moffatt Street be undertaken to provide greater assurance to existing residents in the area, whose homes are not sprinklered. A condition of draft plan of subdivision approval is specifically directed to those upgrades. - 7- General July 30, 2007
Evacuation Routes
A concern has been raised with the development of this neighbourhood as a whole, that Disher Street provides the only vehicular route to and from the neighbourhood. The concern relates to an emergency situation arising requiring evacuation of residents, and should Disher Street be blocked for any reason, there would be no exit from the neighbourhood. Council should be aware that the probability of these two events happening at the same time is minimal. However, in the event that evacuation of the residents of this area is required, the process would be managed by emergency services utilizing all means of egress available from the neighbourhood, including, but not necessarily limited to, the existing emergency access at the south end of Moffatt Street, several pedestrian bridges which span the former canal, and the trail system which extends from the north end of Moffatt Street easterly to Lincoln A venue and northerly to eventually connect with Westchester Crescent. In an extreme emergency where immediate evacuation is necessary, and in the remote event that all vehicular routes are blocked, exit from the neighbourhood by foot is available over existing pedestrian routes. Again, it is not ideal, but the likelihood of such an event occurring is extremely remote.
The Need and Cost ofa New Road/New Emergency Access and Co'st Sharing Options
Council will recall in its deliberations June 11, 2007 on a residential development proposal for property to the north at 143 Moffatt Street, where it directed staff to provide additional information regarding costs associated with providing an additional road access and/or emergency access to this area, and options to cost share with developers in construction of the same.
Firstly, this neighbourhood has existed for many, many years with a single road access and no emergency access at all. In 1991 an emergency access was established at the south end of Moffatt Street, but has yet to be used for emergency purposes, including any use as an evacuation route. With the advancement of sprinklering technology, and where new development is proposed, many municipalities are not requiring emergency access routes at all where street systems are incomplete or dead ended.
Although the single road access is not ideal, the cost of providing a.second full road access or a second emergency access into the neighbourhood is very costly due to the constraints presented by the valley associated with the former Welland Canal and the canal itself. Transportation and Environmental Services has provided cost estimates as follows:
Option 1 Full Road
The continuation of Abbott Street, from a point where it intersects Oakdale A venue, westerly across the valley and the canal connecting to the south end of Moffatt Street.
$ 2.6 million
Option 2 Emergency Access only, same Abbott Street location.
$1.4 million
Note: Options I and 2 do not include land acquisition costs associated with acquiring a portion ofthe lands at 55 Oakdale Avenue (former Niagara Recyling site) and related environmental assessments associated with that acquisition. - 8- General July 30, 2007
Option 3 Full Road
The continuation of Lincoln A venue, from a point where it intersects with Oakdale A venue, westerly across the valley and the canal connecting to the north end of Moffatt Street.
$3.9 million
Option 4 Emergency Access only, same Lincoln Avenue location.
$ 2.8 million
Note: Increased costs for Options 3 and 4 reflect the increased distance to cross the valley and increased costs associated with slope instability.
The costs of construction of a new road or emergency access point can be funded entirely by the municipality as a capital project, paid entirely by developers proposing new residential development in the area, or paid by both the municipality and developers according to a cost sharing formula to be determined. Council should be aware that annual ongoing maintenance costs associated with a bridge structure are substantial and would be the sole responsibility of the municipality.
In discussion with developers with land holdings in this area, the option of developers paying in full or cost sharing on the construction of a road is not economically viable. The amount of dollars involved essentially renders new development cost prohibitive. The amount of land available for development is not sufficient to justify the dollars necessary to construct a new road /emergency access. Requiring developers to pay the substantial costs of a new road/emergency access, either in full or in part, is inconsistent with Council's decision to consider this area as a Community Improvement Area. The consideration of this area as a Community Improvement Area, includes eligibility of development projects for financial incentives. Any financial incentive to develop in this neighbourhood would be discounted entirely should a new road or emergency access across the canal valley be required .
Contrary to comments made to Council in presentations made June 11, 2007, this is not the only area in the City where a dead end street exists with no secondary vehicular exit. The neighbourhood south of the Glendale A venue on Tremont Drive is in a similar situation, as is Towering Heights Boulevard on Glen Morris Drive just north of Denis Morris High School.
Removal of On-Street Parking on Moffatt Street
Moffatt Street has a narrow pavement width with little opportunity for widening. Transportation and Environmental Services is satisfied that the road width can accommodate the proposed new traffic generated by this development and by forecasted future development. However Fire Services recommends on-street parking be prohibited on Moffatt St~eet, in its entirety, in an effort to provide easy access for emergency vehicles and to avoid the dilemma of having to manoeuver around parked vehicles on the street.
Summary
Staff is supportive of the approval of the draft plan of subdivision dated June 29, 2007, and rezoning, as outlined in the Staff Recommendation. It is staffs opinion that the costs associated with the construction of a new road, or a new emergency access, is not warranted. The existing road system, although not ideal, has operated successfully for many years. In the event of an emergency situation requiring a secondary means of entry or exit to or from the neighbourhood, adequate routes are available to serve emergency situations, including evacuation situations. The requirement for sprinklering of new residential development serves to provide timely fire suppression. Upgrades to the existing emergency access at the south end of Moffatt Street are intended to provide greater assurance to existing dwellings which do not benefit from sprinklering. All other residents concerns are addressed in the recommended conditions of draft plan of subdivision approval. - 9- General July 30, 2007
In accordance with established procedures the original date for the public meeting is provided in the recommendation and notices for the public meeting have been circulated.
Staff Recommendation
Zoning
1 That approval be grantedto amend Zoning By-law 62-86 (Zone 7) for lands described as Part Lot 880, Corporation Plan No. 6 and Part of Lot 13 Concession 8, former Township of Grantham, now in the City of St. Catharines, municipally known as 59, 59112, and 61 Moffatt Street, to retain the Second Density Residential (R2B) zone category but, in addition to the standard R2B zone provisions, the following special provisions be approved:
For Areas 1. 2 and 3. as identified on Appendix "F" to this report:
Minimum Lot Frontage 12.0 metres Minimum Lot Area 330 square metres Minimum Front Yard Setback to a Garage 6.0 metres Minimum Front Yard Setback to the Dwelling 3.0 metres, with no permitted encroachments Minimum Side Yard 1.2 metres Minimum Flanking Yard 3.0 metres
For Area 1 Only
No buildings or structures shall be permitted within 14.0 metres ofthe Ministry of Transportation Highway 406 right-of-way.
For Area 2 & 3 Only
Maximum Lot Coverage 45%
For Area 2 Only Minimum Rear Yard 7.0 metres
For Area 3 Only Minimum Rear Yard 6.0 metres
and that the City Solicitor be directed to prepare the necessary By-law to give effect to Council's decision, only after the above conditions have been met;
and that the Notice ofDecision required by the Planning Act R.S.O. 1990, c.P. 13, as amended, be processed by the City Clerk;
and that upon expiration of the appeal period, the City Clerk be directed to forward an application to the Ontario Municipal Board for approval ofthe proposed zoning by-law if any appeals are received.
Draft Plan ofSubdivision
2 That draft plan of subdivision approval be granted, as revised by the Planning Services Department dated July 17, 2007, for lands described as Part Lot 880, Corporation Plan No.6 and Part ofLot 13, Concession 8, former Township of Grantham, now in the City of St. Catharines, municipally known as 59, 591/2, and 61 Moffatt Street, subject to Conditions of Draft Plan of Subdivision Approval, outlined in Appendix 'D'; - 10- General July 30, 2007 and that the Notice of Decision required by the Planning Act R.S.O. 1990, c.P. 13, as amended, be processed by the City Clerk; and that upon expiration of the appeal period the City Clerk be directed to forward an application to the Ontario Municipal Board for approval ofthe draft plan of subdivision, if any appeals are received; and after the notice of Council's decision has been given, the Clerk be authorized to endorse the plan as "draft approved" on the day after the appeal period has expired, in accordance with the Planning Act, provided that no appeals have been lodged.
No Parking Moffatt Street
3 And that Council direct that on-street parking be prohibited on both sides of Moffatt Street, to facilitate readily available access for emergency vehicles, as recommended by Fire Services.
RECOMMENDATION:
That the report from the Planning Services Department dated July 19, 2007 regarding applications to amend Zoning By-Law 62-86 (Zone 7)and for draft plan of subdivision approval, for lands known as 61 Moffatt Street be referred to Council for consideration at the public meeting scheduled for July 30, 2007. FORTHWITH
MOVED BY COUNCILLOR STEVENS:
That the recommendation contained in the report from the Planning Services Department, Item Number 422 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEMN0.423 Report from the Planning Services Department Dated July 19, 2007, Re: Applications for Amendment to By-law 62-86 (Zone 7) and Plan of Subdivision for Residential Development, 143 and 149 Moffatt Street Owner: PBG Properties Inc. and Teresa Misener File: 60.35.117 Vol. 4 and 60.46.357
COUNCILLOR SECORD DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 423 of the General Committee Minutes, July 30,2007.
On June 11, 2007 Council convened the public meeting for the proposed plan of subdivision and zoning amendment for a proposed residential development at 143 and 149 Moffatt Street. Council reserved their decision and requested the additional information regarding the cost of secondary access, possible cost sharing options for construction of a secondary access and clarification of implications of the 1989 Ontario Municipal Board decision. This neighbourhood is serviced by Disher Street, the only public road into the neighbourhood. This report addresses these matters for Council's consideration.
Council did not close the public meeting on June 11, 2007. The public meeting is to resume July 30, 2007, for further public input. Public notice has been issued for the July 30, 2007, public meeting. - 11 - General July 30, 2007
1989 Ontario Municipal Board Decision
In 1989 the Ontario Municipal Board (OMB) granted an appeal to a zoning by-law amendment to permit the construction of four (4) apartment buildings on the subject lands. The OMB granted the appeal with a condition that an emergency access be provided by the developer. This condition was recommended to the OMB by the City's Fire Services Department and based upon evidence regarding emergency access policies at that time. During the intervening years advances in technology make it possible for sprinkler systems to be installed in single dwellings. The City emergency access policies approved by Council in 2004 and the most recent policies 1 approved July 9 \ 2007 reflect this new technology. The previous Ontario Municipal Board decision is valuable to understand the development history of the property, however it is in the context of the current policies that these applications have been reviewed not the policies of eighteen years ago.
Public Road vs Emergency Access Routes vs Evacuation Routes
Council should be aware of the distinct difference between the role and function of i) a public road, ii) an emergency access and iii) an evacuation route. A new public road into this neighbourhood would provide public access for all vehicles into and out of the neighbourhood. Should one public road into the neighbourhood be blocked, the second public road would continue to provide easy access for all traffic.
An emergency access route is designed to facilitate fire department vehicles access into a neighbourhood and is chained or gated to prevent vehicular through traffic. Fire Services crews are equipped to break the chain or gate to gain access to the route should it be required. Other emergency services such as ambulances are not equipped to cut these chains. They are designed to permit only fire vehicles into a neighbourhood.
An evacuation route is an emergency exit route established by emergency services, and may involve public roads, emergency access routes, pedestrian paths, etc. Emergency services would manage an exit strategy depending on the severity of the situation and evacuation routes determined accordingly. Neighbourhoods are not designed to include specific evacuation routes, although some have been historically designed to include emergency access routes, based on recommendations from Fire Services.
Secondary Road and Emergency Access Options
Although the single road access is not ideal, the cost of providing a second full road access or a second emergency access into the neighbourhood is very costly due to the constraints presented by the valley associated with the former Weiland Canal and the canal itself and Provincial Policy that does not allow access to Highway 406 as it is a controlled access highway. Transportation and Environmental Services has provided cost estimates as follows:
Option 1 Full Road The continuation of Abbott Street, from a point where it intersects Oakdale A venue, westerly across the valley and the canal connecting to the south end of Moffatt Street $ 2. 6 million
Option 2 Emergency Access only, Same Abbott Street location $1.4 million
Note: Options 1 and 2 do not include land acquisition costs associated with acquiring a portion ofthe lands at 55 Oakdale Avenue (former Niagara Recycling site) and related environmental assessments associated with that acquisition. - 12- General July 30, 2007
Option 3 Full Road The continuation of Lincoln Street, from a point where it intersects with Oakdale A venue, westerly across the valley and the canal connecting to the north end of Moffatt Street $3.9 million
Option 4 Emergency Access only, same Lincoln A venue location $ 2. 8 million
Note: Increased costs for Options 3 and 4 reflect the increased distance to cross the valley and increased costs associated with slope instability.
Cost Sharing Opportunities
The costs of construction of a new secondary road or emergency access point can be funded entirely by the municipality as a capital project, paid entirely by developers proposing new residential development in the area, or paid by both the municipality and developers according to a cost sharing formula to be determined. Council should be aware that annual ongoing maintenance costs associated with a bridge structure are substantiC~.l and would be the sole responsibility of the municipality.
In discussion with developers with land holdings in this area, the option of developers paying in full or cost sharing on the construction of a road is not economically viable. The amount of dollars involved essentially renders new development cost prohibitive. The amount of land available for development is not sufficient to justify the dollars necessary to construct a new road /emergency access. Requiring developers to pay the substantial costs of a new road/emergency access, either in full or in part, is inconsistent with Council's decision to consider this area as a Community Improvement Area. The consideration of this area as a Community Improvement Area includes eligibility of development projects for financial incentives. Any financial incentive to develop in this neighbourhood would be discounted entirely should a new road or emergency access across the canal valley be required.
Evacuation Routes
A concern has been raised with the development of this neighbourhood as a whole, that Disher Street provides the only vehicular route to and from the neighbourhood . The concern relates to an emergency situation arising requiring evacuation of residents, and should Disher Street be blocked for any reason, there would be no exit from the neighbourhood. Council should be aware that the probability of these two events happening at the same time is minimal. However, in the event that evacuation of the residents of this area is required, the process would be managed by emergency services utilizing all means of egress available from the neighbourhood, including, but not necessarily limited to, the existing emergency access at the south end of Moffat Street, several pedestrian bridges which span the former canal, and the trail system which extends from the north end of Moffat Street easterly to Lincoln A venue and northerly to eventually connect with Westchester Crescent. In an extreme emergency where immediate evacuation is necessary, and in the remote event that all vehicular routes are blocked, exit from the neighbourhood by foot is available over existing pedestrian routes. Again, it is not ideal, but the likelihood of such an event occurring is extremely remote.
Contrary to comments made to Council in presentations made June.ll, 2007, this is not the only area in the City where a dead end street exists with no secondary vehicular exit. The neighbourhood south of the Glendale A venue on Tremont Drive is in a similar situation, as is Towering Heights Boulevard on Glen Morris Drive just north of Dennis Morris High School. - 13- General July 30, 2007
Alternative Neighbourhood Design
Staff has been directed by Council to implement the recommendations of the Oakdale Moffatt Smart Growth Study which includes amendments to the Official Plan, Hartzel Road Merritton Secondary Plan and the zoning by-law. As part of the Secondary Plan review staff would be looking at the overall design for the neighbourhood. This work was scheduled to begin in August. In light of Council's request regarding new secondary access options, Staff reviewed the area layout and have determined that a secondary public street parallel to Moffatt Street as shown in the attached concept plan Appendix 'G' could be developed as part of an over-all neighbourhood design. It provides for more efficient use of Moffatt Street area, increasing the value of the existing land and provides greater potential for redevelopment. The new street would provide an alternative route to the Disher Street bridge from the north end of Moffatt Street. This public street would be completed as the area is redeveloped. To implement this alternative, staff is recommending the plan of subdivision for 143 Moffatt Street be revised as per the attached plan, Appendix 'H'. The original subdivision design is attached as Appendix 'I'.
New Emergency Access Policy
1 In the report from Planning Services dated May 25 h, 2007 staff recommended that this development be a condominium in keeping with Council's 2004 emergency access policy. On July 9, 2007, Council approved a new emergency access policy, as outlined in Appendix 'E'. Under the new policy, dead end streets greater than 500 metres may be considered for development, without an additional street access, or without an emergency access, providing approval is granted by the Fire Chief who may require additional fire protection measures. The new policy does not require a condominium for maintenance as the Ontario Fire Code applies to ensure sprinkler systems are maintained. In light of the new emergency access policy, it is recommended that condominium approval no longer be required for this development.
Site Plan Control
By-law 85-534 designates developments with five (5) or more dwelling units as subject to site plan control. All street townhouses with 5 or more attached units would be subject to site plan control. The subdivision agreement for this development will address all municipal requirements, including all requirements normally addressed in a site plan agreement such as landscaping, servicing and fencing. In accordance with Council practice, it is recommended that this development not be subject to site plan control.
Summary
Staff is supportive of the approval of i) the draft plan of subdivision as revised by Staff dated July 19,2007, subject to Conditions of Draft Plan of Subdivision Approval outlined in Appendix 'J', and ii) the rezoning, as outlined in the Staff Recommendation and attached Appendix 'K'. It is staffs opinion that the costs associated with the construction of a new road, or a new emergency access, is not warranted. The existing road system, although not ideal, has operated successfully for many years. In the event of an emergency situation requiring a secondary means of entry or exit to or from the neighbourhood, adequate routes are available to serve emergency situations, including evacuation situations. The requirement for sprinklering of new residential development serves to provide timely fire suppression. The recommendations contained in this report have been revised from the recommendations contained in the Planning Report dated May 25, 2007 to reflect Council's direction June 11, 2007 regarding limiting the uses on 149 Moffatt Street to a triplex, area residents involvement in the subdivision agreement as well as the revisions as noted above.
In accordance with established procedures, the date for the resumed public meeting is provided in the recommendation and notices for the resumed public meeting have been circulated. - 14- General July 30, 2007
Staff Recommendation
That City Council consider the following recommendation at its meeting subsequent to the public meeting scheduled for that evening regarding this matter:
Zoning I That approval be granted to rezone the lands identified as Area 1 on Appendix 'K', attached to this report (the existing triplex), to Mixed Density Residential (R5), subject to the following:
a) Permitted Uses Triplex
b) In Area 1, the following special provisions shall only apply to the existing three unit apartment (triplex):
i) Minimum Lot Area 821 square metres ii) Minimum Lot Frontage 14 metres iii) Minimum Rear Yard 7.5 metres iv) Minimum Side Yard 2.5 metres v) Minimum Front Yard 3. 8 metres to the main wall of the dwelling, porch or verandah. No encroachments are permitted into the minimum front yard vi) Maximum Lot Coverage 40% vii) Minimum Required Parking 1 space. per dwelling unit viii) Maximum Parking Coverage 60% of the front yard or a maximum width of 8.5 metres.
2 That approval be granted to rezone the lands identified as Area 2 and 3 on Appendix 'K, attached to this report, to Mixed Density Residential (R5), subject to the following provisions:
a) Permitted Uses Single detached dwellings Semi-detached dwellings Duplexes Street townhouses
b) Permitted Uses shall be subject to the following special provisions:
i) Minimum Front Yard 6 metres to an attached garage, 3 metres to the main wall of the dwelling, porch or verandah. No encroachments are permitted into the minimum front yard
ii) Minimum Flanking 6 metres to an attached garage, Yard Setback (where the garage door faces the flanking yard); 3 metres to the main wall of the dwelling, porch or verandah. No encroachments are permitted into the minimum flanking yard
iii) Minimum Rear Yard for 6 metres Street Townhouses only
iv) Flanking Yard from Moffatt 1.2 metres Street for street townhouses in Area 2 only - 15 - General July 30, 2007
v) Minimum Setback for all 14 metres Buildings and Structures from Highway 406 right-of way (with the exception of noise mitigation structures)
vi) Noise mitigations structures are not subject to the height requirements ofthe by-law and that prior to the passage of the amending by-law, the applicant: i) provide ensure adequate access and parking to the existing triplex located at 149 Moffatt Street in a manner which is binding between the owner of the lands to be subdivided and the owner of the triplex, to the satisfaction of the municipality, until such time as the new streets are fully constructed and dedicated as public roads .. and that the City Solicitor be directed to prepare the necessary By-law to give effect to Council's decision, only after the above conditions have been met; and that the Notice of Decision required by the Planning Act R.S.O. 1990, c.P. 13, as amended, be processed by the City Clerk; and that upon expiration of the appeal period, the City Clerk be directed to forward an application to the Ontario Municipal Board for approval of the proposed zoning by-law if any appeals are received.
3 Draft Plan ofSubdivision Approval
That approval be granted for a draft plan of subdivision, as revised by Staff dated July 19, 2007 (Appendix 'H') for lands being Part of Lots 891, 892, and 898, Corporation Plan No 6, known municipally as 143 Moffatt Street, subject to the Conditions of Draft Approval, outlined in Appendix 'J' to this report; and that the Notice of Decision required by the Planning Act R.S.O. 1990, c.P. 13, as amended, be processed by the City Clerk; and that upon expiration of the appeal period the City Clerk be directed to forward an application to the Ontario Municipal Board for approval of the draft plan of subdivision, if any appeals are received; and after the notice of Council's decision has been given, the Clerk be authorized to endorse the plan as "draft approved" on the day after the appeal period has expired, in accordance with the Planning Act, provided that no appeals have been lodged; and that Council direct that on-street parking be prohibited on both sides of Moffatt Street; and that draft plan of condominium approval is not required for this development; and that this street townhouse development is not subject to site plan control; and that the area residents be involved in the subdivision agreement process; and further that J. Rodney Bush, Sullivan Mahoney LLP, 40 Queen Street, P.O. Box 1360, St. Catharines, ON L2R 6Z2 be so advised. - 16- General July 30, 2007
RECOMMENDATION:
That the report from Planning Services Department dated July 19, 2007 regarding the proposal to amend Zoning By-law 62-86 (Zone 7), as amended, and for draft plan of subdivision approval for lands at 143 and 149 Moffat Street, be referred to City Council for consideration after the resumed public meeting scheduled for July 30,2007. FORTHWITH
MOVED BY COUNCILLOR STEVENS:
That the recommendation contained in the report from the Planning Services Department, Item Number 423 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
General Committee recessed at six thirty-five o'clock p.m. and resumed session at nine-forty o'clock p.m.
ITEM NO. 424 Report from the Transportation and Environmental Services Department, Dated July 23, 2007 Re: Downtown Street System Conversion Study Request for Additional Information File: 77.2.5
COUNCILLOR WASHUTA DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 424 of the General Committee Minutes, July 30, 2007.
At its meeting of June 18, 2007, Council received a report from Planning Services concerning resolutions from the recently formed Downtown Development and Revitalization Committee (DDRC). Specifically, the DDRC passed a resolution on May 10,2007, supporting Council's decision to "implement two-way traffic in the downtown area and pursue relocating the Wine Route to run through the Downtown Area. " In response to this resolution, Council directed staff to prepare a report outlining the anticipated costs related to the implementation of two-way traffic as well as identify the impacts that two-way traffic may have on emergency and transit services. Council also requested information related to how the implementation of two-way traffic integrates with the City's planning and economic development initiatives and priorities.
In response to Council's request, staff have prepared this report which outlines the estimated implementation costs associated with two-way traffic as well as the potential impacts to emergency and transit services. A companion report from the Economic Development and Tourism Services Department and Planning Services Department will identify how two-way traffic integrates with the City's planning and economic development initiatives and priorities.
BACKGROUND
At its meeting of April 3, 2006, Council approved the Downtown Street System Conversion Study and directed that staff proceed with the implementation of two-way traffic as outlined in that report. In summary, the report outlined a strategy for converting a significant majority of the one-way street system in the Downtown to two-way operation over a three year period, with 2007 being Year 1. The recommended plan called for the conversion of Ontario Street in 2007, King Street and St. Paul Street in 2008, and Niagara Street, Church Street and Queenston Street in 2009. - 17- General July 30, 2007
The report also highlighted the concerns expressed by emergency and transit services as well as other concerns related to on-street parking loss, loading and unloading on St. Paul Street and impacts to the existing streetscaping along St. Paul Street. The report also provided commentary related to the cost of implementation. Specifically, from a cost perspective, the report stated:
"With respect to costs, it is estimated that the implementation ofthe recommended conversion strategy will be approximately $2,000,000. Although cost savings will be achieved by coordinating these works with other projects already planned for the Downtown, these cost savings are unknown at this time and, therefore have not been used to discount the overall estimate. A significant portion ofthese costs (approximately $1.2 million) are associated with the reconjiguration ofthe traffic signal system. This number may be further refined if traffic signals are eliminated or reconfigured as pedestrian signals. "
The report further stated:
" ... it is estimated that the implementation ofthe recommended conversion strategy will cost approximately $2,000,000. While some may view this cost as exorbitant, staff believe that this estimate is rather favourable given the amount of road that will be converted under the recommended conversion strategy. As noted, potential cost savings associated with planned road rehabilitation projects have not been factored into this estimate. As a result, this cost estimate should be considered a "raw" figure and would be refined over time as more detailed data is gathered In addition, as the implementation ofthe recommended conversion strategy would be scheduled over three years and a portion ofthe estimated costs would be borne by the Region, staffdo not believe that this cost estimate is excessive for a project ofthis scale. "
A copy of the April 3, 2006 report can be found in Appendix 'L'.
IMPLEMENTATION COSTS
As outlined in the previous report on this matter, estimating the future implementation costs associated with two-way traffic is somewhat difficult and is contingent upon a number of factors including additional detail design reviews and the possible coordination/incorporation with planned road projects. For example, the City recently completed a detail design exercise for the reconstruction of Queenston Street (Geneva to Church) and Church Street (Queenston Street to Niagara Street) that incorporated the necessary components associated with two-way conversion (currently under construction). As a lone initiative, the conversion of these two pieces of road would have cost the City approximately $250,000. However, by incorporating the design elements associated with the conversion into a planned road reconstruction project, the net overall costs applicable to the conversion are negligible. Similarly,"the Region ofNiagara is currently undertaking a detail design exercise for Ontario Street between St. Paul Street and Lake Street. As this piece of road is scheduled for total reconstruction, the design elements associated with two-way traffic can be incorporated at this time (approximately $60,000) with little or no impact to the overall cost associated with the planned road improvements (traffic signals excluded).
Notwithstanding the preceding, there are costs that can be directly attributed to two-way traffic. For example, every traffic signal will require some modification in order to make it functional for two-way traffic. These modifications range from simple signal head additions to pole installations/relocations and underground wiring upgrades. In certain instances, the entire traffic signal will need to be replaced. In addition, curb alignments will be shifted for wider travel lanes while comer radii will be increased to accommodate the turning paths of larger vehicles. These improvements are necessary and, unless they can be incorporated into other planned road works, are directly attributable to the conversion.
Based on information collected over the past year, staff have been able to further refine the costs associated with the conversion to two-way traffic. The current estimate is $1,150,000 and is comprised of approximately $250,000 of proposed road improvements and $900,000 of traffic - 18- General July 30, 2007 signal upgrades shared between the City and the Region. These upgrades include the complete replacement of four (4) traffic signals at approximately $120,000 each. These replacements include the Regional intersections of Ontario Street/St. Paul Street, Ontario Street/King Street, St. Paul Street/Geneva Street and Niagara Street/Church Street. This estimate also includes a reduction associated with the replacement of the City's traffic signal equipment at the intersections of King Street/James Street and King Street/Queen Street. Given their current condition, these traffic signals would require replacement within the next five years, regardless of the conversion. As such, $20,000 has been attributed to each signal replacement to cover the additional costs associated with two-way traffic (additional poles, heads and wiring). The remaining $100,000 for each signal replacement would be budgeted through the City's traffic signal replacement program. The following table summarizes the cost allocation associated with the conversion.
ALLOCATION OF COSTS FOR TWO-WAY CONVERSION CITY REGION TOTAL TRAFFIC SIGNALS $350,000 $550,000 $900,000 ROADWORK $100,000 $150,000 $250,000 TOTAL $450,000 $700,000 $1,150,000
Although staff have been able to refine this estimate, additional costs may be incurred if future explorations reveal a situation that is worse than anticipated. For example, if an existing traffic signal is generally in good repair and is to be retained for future service, subsurface exploration may reveal that the existing cable duct has collapsed or is blocked, or that the cable itself is in poor shape. Although staff have made allowances for these types occurrences, situations may arise that will require repairs greater than anticipated. Unfortunately, it is difficult to predict these situations and, more often than not, they can only be identified during construction. Regardless, as more information becomes available over time, staff will update Council on any progress made in this regard.
IMPACTS ON EMERGENCY AND TRANSIT SERVICES
As outlined in the April 3, 2006 report, both Fire Services and the St. Catharines Transit Commission have expressed concerns regarding the ability of the converted system to accommodate the turning paths of their larger vehicles as well as the possibility of reduced service levels or increased response times. From a road design perspective, staff will incorporate the necessary improvements to lane widths and comer radii where possible. Having said this, there will be a few intersections where the comer radii can not be increased to accommodate the turning path of these larger vehicles due to property constraints. In these instances, staff will employ other measures such as stop bar setbacks to offset the reduced comer radius.
With respect to the potential impacts to transit and emergency services, it is difficult to predict what influence a conversion to two-way traffic will have on levels of service and response times. It stands to reason that overall levels of service and response times should remain at current levels or improve as routing options through the Downtown will be more flexible and available. Provided that both Fire Services and the St. Catharines Transit Commission are willing to adjust their routing in the Downtown, staff do not believe that a conversion to two-way traffic will negatively affect the operation of these two agencies.
It is important to keep in mind that, as the Downtown street system 'is in an established urban area, achieving desirable design standards is often not practical. Improving or altering road networks in built-up urban spaces often requires a compromise and balance between the public and private realm as well as pedestrian and vehicular spaces. Unlike suburban areas where road allowances tend to be wider and less encumbered, urban centres are not afforded the same luxury and flexibility. As such, road designers and urban planners are often faced with the conflicting needs of various users. For example, wider roads typically reduce sidewalk/boulevard areas which impact pedestrians and utility locations. Conversely, narrow~r roads and lane widths constrain mobility and impact parking and loading availability. The Downtown street system is not immune to these competing needs. As such, it is imperative that staff attempt to achieve a - 19- General July 30, 2007 balance between the needs of all road users when modifying the Downtown road system. Unfortunately, from time to time, design elements such as increased corner radii simply can not be accommodated within the space provided.
NEXT STEPS
Staff at the City and Region are continuing to move forward with the implementation of two-way traffic in the Downtown. Although the implementation strategy outlined in the April3, 2006 report has been altered to accommodate planned road improvement projects and additional detail design reviews, the conversion is on schedule and should be completed by the end of2009. The revised implementation schedule is as follows:
• Church Street/Queenston Street Conversion - 2007 • Ontario Street Detail Design Environmental Assessment - 2007 • Ontario Street Conversion - 2008 • King Street/St. Paul Street Conversion -2008/2009 • Niagara Street/Church Street Conversion - 2008/2009
RECOMMENDATION:
That the report from the Transportation and Environmental Services Department dated July 23, 2007, regarding the Downtown Street System Conversion Study, request for additional information, be received for information purposes, and further that, Mr. Joe Cousins, Director, Transportation Services, The Regional Municipality ofNiagara, P.O. Box 1042, 2201 St. David's Road, Thorold, ON, L2V 4T7, be so advised. FORTHWITH
MOVED BY COUNCILLOR ELLIOTT:
That the recommendation contained in the report from the Transportation and Environmental Services Department, Item Number 424 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEM NO. 425 Report from the Transportation and Environmental Services Department Dated June 21, 2007 Re: School Related Concerns - Power Glen School File: 68.26.6
COUNCILLOR WILLIAMSON DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 425 of the General Committee Minutes, July 30, 2007.
At the April16, 2007 Council meeting, staffwere requested to investigate the following concerns related to Power Glen School:
D The need for a crossing guard at the intersection of Mac Turnbull Drive/Westland Street D Traffic congestion at Power Glen School, specifically related to parking in front of the school. -20- General July 30, 2007
This is not the first time a crossing guard has been requested for the intersection of Mac Turnbull Drive/Westland Street. A request for a crossing-guard at this location was brought before Council on July 7, 2003. School crossing guards are only recommended at locations where safe crossing opportunities (gaps in traffic) for school age children do not exist within a reasonable distance from their preferred route to school. Existing traffic control measures such as stop controls (conventional and all-way) and traffic signals create safe gaps in traffic for school children to cross the road and therefore, intersections controlled by these measures, typically do not require school crossing guards to increase their level of crossing protection.
For Council's information, the procedure to determine whether a crossing guard is warranted is as follows:
D The time needed to cross the street is determined (roadway width divided by crossing speed). D A traffic count is undertaken to determine the time between vehicles passing the location in question (gaps). D The study time is broken up into five (5) minute intervals and the number of gaps that exceed the crossing time is determined. D If an interval has four (4) or less gaps that exceed the required crossing time, this interval would not have sufficient safe crossing opportunities. D If 50% of the intervals studied do not have safe crossing opportunities, the warrant is met and the crossing guard is recommended.
For example, if twenty-five (25), five minute time intervals are sampled during the study period and ten (1 0) intervals have been recorded with four or less safe cros.sing opportunities, a crossing guard is not warranted ( 10 warranted intervals I 25 total intervals = 40%, which is less than the minimum 50% threshold). Conversely, if sixteen (16) ofthe twenty-five (25) time intervals have been recorded with four or less safe crossing opportunities, a crossing guard is warranted (16 warranted intervals /25 total intervals = 64%, which is greater than the minimum 50% threshold).
In this instance, the intersection of Mac Turnbull Drive/Westland Street is controlled by an all way stop. As a result, the standard crossing guard study is not applicable at this location since adequate gaps are automatically created due to the presence of stop control on all approaches. The all-way stop provides sufficient gaps and safe opportunities to cross at the intersection. During the site investigation it was noted that children were crossing at the all-way stop and there did not appear to be any issues related to these movements. Therefore, a crossing guard would not be recommended at this location.
Staff were also directed to examine the traffic activity occurring around Power Glen School. It has been contended that vehicular activity around the school is creating an unsafe situation during pick-up/drop-off times. Parking is currently permitted in front of the school, which is standard practice so that children do not have to cross the street to get to the school. The school uses cones to prevent vehicles from entering the most northerly, egress only access, to ensure smooth traffic flow on the site. There was nothing unusual about the site when compared to other school sites; however, it was noted that the line painting in the parking lot was faded, which is a school board issue. Staff did not witness any problems related to parking and vehicular flow in and around the site. Furthermore, staff could not identify any improvements that would enhance traffic movement or parking in front of the school.
RECOMMENDATION:
That the report from the Transportation and Environmental Services Department dated June 21, 2007, regarding the request for a school crossing guard at the intersection of Mac Turnbull Drive/Westland Street be received; - 21 - General July 30, 2007 and that the request for a crossing guard at the intersection of Mac Turnbull Drive/Westland Street be denied. FORTHWITH
MOVED BY COUNCILLOR GILL:
That the report from the Transportation and Environmental Services Department dated June 21, 2007, regarding the request for a school crossing guard at the intersection of Mac Turnbull Drive/Westland Street be received; and that the request for a crossing guard at the intersection of Mac Turnbull Drive/Westland Street be approved; and that a crossing guard be in place at the said intersection for the school year starting September, 2007.
CARRIED FORTHWITH.
ITEM NO. 426 Report from the Economic Development and Tourism and Planning Services Departments, Dated July 12, 2007 Re: Comprehensive Plan for Downtown St. Catharines Files: 60.32.100, 68.45.99
COUNCILLOR KUSHNER DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 426 of the General Committee Minutes, July 30, 2007.
Background:
The City of St. Catharines has been affected by both the provincial Growth Plan (known as Places to Grow) and the Greenbelt Plan. Both of these documents reinforce the planning policies in the City's Official Plan. Places to Grow focuses attention on the role that urban communities will play in building a healthy and economically diverse Ontario. The following synopsis from the Growth Plan captures its essential features:
"The revitalization of urban growth centres is particularly important, not only because they can accommodate additional people and jobs, but because they will increasingly be regional focal points. They are meeting places, locations for cultural facilities, public institutions, major services, and transit hubs." Places to Grow p. 8
Places to Grow requires that downtown St. Catharines (urban growth centre) will have a minimum gross density target of 150 residents and jobs combined per hectare or earlier by 2031. The Greenbelt Plan focuses on protecting all significant agricultural and environmental reserves. In addition, the province has placed added emphasis on investment in region-wide public services, cultural and entertainment uses, major transit infrastructure and higher density employment centres. These hubs are part of a broader change from lower density development to the creation of higher density nodes that meet a variety of needs.
Many opportunities are converging to create a development environment that is ready to respond to this opportunity. A few examples will highlight a number of key assets that will help anchor, transform and sustain a vibrant sense of place within Niagara's largest urban centre: -22- General July 30, 2007
• Brock University and Niagara College are applying their intellectual capital and institutional commitment to a broad range of community development projects. Their programs, resources and teaching staff are helping to build community leadership structures that address social and economic development issues.
• The Niagara region is at the forefront of 'smart growth' development that is enhancing quality of life and economic sustainability across Canada. St. Catharines has embraced this transformation ethic and, through a variety of regulatory and incentive programs, is leading the way in innovative urban design, mixed-use residential development and the restoration historic properties. In October, 2007 Planning Services will add an Urban Design Planner who will provide needed staff expertise to help achieve the benefits of these developments.
• In recent years there has been an increased cultural presence in downtown, with the arrival of Carousel Players and Theatre Beyond Words, the establishment of a cluster of arts offices with the St. Catharines and Area Arts Council, and the main street acquisition by the Niagara Artists' Centre. In addition, downtown St. Catharines is home to nearly one-third of all working artists in the Niagara region, as identified by the Creative Neighbourhoods Report of 2006 (Hills Research Strategies).
• Tourism development initiatives aimed at attracting visitors and residents to the downtown areas of the city are beginning to shape experiences, provide a variety of entertainment venues and create new markets for young and old. Identified in the recent report, "Energizing Niagara's Wine Country Communities", as one of the hubs along the Niagara Wine Country route and the future site of a Greenbelt Discovery Centre, St. Catharines is entering a new era for developing a diverse range of cultural and social amenities.
• Creation of the Downtown Development and Revitalization Committee
The following section discusses a vision for catalytic change within downtown St. Catharines as the City pursues a downtown development which will transform and sustain the cultural assets of Niagara's largest urban centre.
Revitalizing Downtown St. Catharines with a Major Cultural Attraction
While parking enhancements, traffic pattern adjustments, fa9ade improvements, and greening initiatives may be opportunities to improve the look and feel of the downtown core, there must be reasons for people to come to the downtown. A comprehensive corporate strategy for the revitalization of downtown St. Catharines that builds on the social, economic, environmental and cultural foundations of the community is necessary to achieve meaningful results. Though it is difficult to refute the significance of a strong downtown, the activities necessary to achieve this concept are not always clear.
The purpose of this section is to provide a context and vision for the development of a major infrastructure investment pursuant to the goals of the Ontario Places to Grow Framework and Greenbelt Legislation. Taken in isolation, several proposed initiatives have the potential to reinvigorate isolated elements of the downtown, however collectively they can forever change the fabric of the City and downtown St. Catharines. This report continues the concept highlighted in the "Downtown Revitalization Report" presented to Council in April 2007.
The Opportunities as Elements
• In 2006, the City of St. Catharines approved a Downtown Parking Strategy to proactively address both commercial and residential parking demands associated with future growth in the area. In addition, the City has been proactive in the area of removing the barriers such as parking requirements in an attempt to promote the creation of new residential units. - 23- General July 30, 2007
• A Downtown Street Conversion Strategy was also approved in 2006 to investigate the feasibility of transforming many of the one-way streets downtown to facilitate two-way traffic. These street conversion projects will commence in 2007, beginning with Church Street/Queenston as referenced in the July 30, 2007 Transportation and Environmental Services report on two-way traffic. Ontario Street conversion has been scheduled for 2008 while St. Paul and King Street are slated for conversion in late 2008 or 2009.
• In 2007 EDTS is partnered with Brock University, Niagara College, Silicon Knights and a variety of local partners to look at increasing local opportunities for students in interactive arts programs through the investigation of the feasibility of creating a new media incubator within the downtown core.
• Cultural investments have also benefited the downtown business community. The St. Catharines Cultural Investment Program (SCCIP) was established in 2004 to enhance the cultural opportunities and stimulate economic development through cultural tourism and other creative activities. The 2007 draft operating budget has proposes provides $124,000 for SCCIP-this same amount has provided 26 recipients with 51 investments in the community since 2004.
• The City will continue to investigate the economic development benefits of culture through its cultural programs and planning and through new provincial initiatives such as Cultural Enterprise developed by EDTS Small Business Enterprise Centre.
• In 2007 the City of St. Catharines is investigating new facilities for the downtown core. The largest of these initiatives is a Performing Arts Centre that would satisfy needs of both the Brock University and the St. Catharines cultural community, and promote the downtown as an appealing destination for an increasingly affluent tourist market. The other initiative is the investigation of the relocation of the School of Fine and Performing Arts to a location in the downtown core. Both projects can be combined to create multi use, multi-functional complex within the downtown core. Work on the both projects has begun with the assessment of community needs and plans are in place this year to develop a feasibility study for the establishment of a performing arts centre in the downtown.
• Over the past year, the City of St. Catharines has also participated in a Wine Route Enhancement Initiative to assess potential economic development opportunities for communities in Niagara wine country. On March 5, 2007 Council received a report entitled "Energizing Niagara's Wine Country Communities," which recommended the establishment of downtown St. Catharines as a signature destination on the Niagara Wine Route.
• On Aprill6, 2007 Dr. Jack Lightstone, President of Brock University advised Council of the potential relocation of Brock University's School of Fine and Performing Arts is an important prospect, as the facility would encourage use of the downtown both within and outside regular business hours.
• The maintenance of a Niagara Regional Police detachment in the downtown will ensure that downtown St. Catharines continues to be seen as the government service delivery centre of the region, and efforts should be made to ensure that police services are not consolidated in a way that is detrimental to the downtown core.
• Through the Community Improvement Program, the City of St. Catharines has partnered with private sector firms to stimulate residential development downtown. Financial incentives approved in 2005 resulted in the creation of 63 new residential units in the downtown, and approximately I 00 additional units were approved in 2006. In 2007, Planning Services has allocated $500,000 in financial incentives under the Community Improvement Program for residential conversion and rehabilitation and new residential construction in all Community Improvement Areas. -24- General July 30, 2007
• In 2007, Council approved the relocation of the Mississauga IceDogs to the Jack Gatecliff Arena. The Ontario Hockey League is the premier junior hockey league in Ontario, and develops players for the NHL. The franchise will help generate economic benefits by bringing new people to the area, and through province-wide TV coverage of the team.
The Opportunities Connected
Figure 1 highlights the interconnectivity between current municipal initiatives within the context of downtown revitalization. Several elements create the environment conducive to development and investment. Provincial policy has created an opportunity for significant change within the downtown. Places to Grow and Greenbelt legislation, while restricting outward urban expansion, creates an opportunity to reinvigorate the core urban area. The Places to Grow growth plan has designated downtown St. Catharines as an urban growth centre which is intended to enable redevelopment within the core.
Figure 1 Downtown Performing At Its Best: Roadma,p
+•• •• •• ••• ••• ......
...... Downtown Centre •• ... for the Arts ...... Development ...
The City has developed a Community Improvement Plan for downtown to spur development and investment for both residential intensification and commercial facility grants for fac;ade improvement and residential infilling. The community improvement plan complements several other initiatives including the wine enhancement initiative and two-way traffic conversion which provide a framework to ultimately drive the wine route through downtown St. Catharines. - 25- General July 30, 2007
These notions were strengthened by the recent "Wine Country Enhancement Report" commissioned by the NEDC, St. Catharines, NOTL, Grimsby and the Province to identify how each community is prepared for investment and are undertaking the necessary actions to accommodate it. At the heart of wine country is downtown St. Catharines. The report recommends the development of a Niagara Wine Country Embassy in the downtown St. Catharines. The embassy is envisioned as a multi-functional complex focusing on providing a venue for the performing and fine arts. In addition, there is potential to develop the complex as the perceived "headquarters" of Wine Country, providing it with an identifiable central location and address.
Several ancillary projects and programmes have a direct relationship with downtown revitalization including a downtown parking strategy, new media incubator, Brock University School of Fine and Performing Arts and Centre for the Arts possible relocation and the Niagara Regional Police administrative capital investment.
In April 2006, St. Catharines Council was presented with a possible option for redevelopment of the Carlisle Street Parking Garage as a major catalyst for change in the Downtown.
"Its location within the core economic centre of the City makes it an ideal site for a flag ship project. As a result, simply replacing the existing garage with a utilitarian parking structure with no architectural features or additional uses may be viewed as a lost opportunity. The redevelopment and possible expansion ofthis site to include the Garden Park parking lot and other adjacent lands would be a significant redevelopment and revitalization initiative."
In February 2007, St. Catharines, Brock University, Niagara College received $50,000 to conduct a feasibility study for an incubator portal in Niagara that will provide access for new and existing digital media entrepreneurs to a network of expertise and media technologies. The incubator will be virtual and physical, providing services and programs for digital entrepreneurs at various stages of development. Downtown based Silicon Knights is a major contributor to this project.
On April 16, 2007 Council approved support in principal the Niagara Centre for the Arts and directed staff to continue negotiations with Brock University and other partners on a comprehensive and well-integrated plan to develop an anchor development of economic and cultural activity with downtown St. Catharines. The City and Brock University are currently in discussions on the possibility of developing a Centre for the Performing Arts Centre in partnership with arts which could also house Brock's School of Fine and Performing Arts and the Centre for the Arts at Brock University. Plans include comprehensive presentation spaces for the performing arts and visual arts, as well as academic space for the school.. These discussions have the potential to be the anchor for a major downtown revitalization investment within the downtown core.
The Plan- Performing in the New Economy
Downtown St. Catharines revitalization needs an action plan to guide redevelopment to anchor and enable future private sector development within the core. One catalytic project is not enough to spur revitalization; however a signature development will strengthen the viability of future commercial and residential developments.
Currently there are two major drivers that have the potential to reinvigorate the downtown with new uses while strengthening its role as a tourism destination. The .first is the concept of a performing arts centre catering to both the professional and amateur cultural community. The second is the concept of driving wine tourists through downtown via the Wine Route. As referenced in the report entitled, "Energizing Niagara's Wine Country Communities", Niagara wine country currently captures between 500,000 to 700,000 visitors. An economic impact study completed in 2003 on the Niagara Wine Festival concluded that the average daily expenditure by non-local festival attendees was $138 with 24% having household incomes of -26- General July 30, 2007 greater than $100,000. The average non-local festival attendee profile is consistent with typical wine route tourist demographics as indicated in the Wine Council on Ontario study, "A Strategy for Wine and Culinary Tourism in Ontario". The ability to drive these visitors into downtown along the Wine Route has the potential to become a major catalyst for new investment from the private sector.
Before a site can be explored the vision and plan need to be developed. The following section highlights the plan envisioned to create a "Civic Centre for the Living Arts" in St. Catharines.
Civic Centre for the Living Arts
The integration of several programs and projects currently being discussed can contribute to the development of a multi-functional public space with public amenities, administration alongside private office/commercial space and residential development. This public realm has one major theme (culture) that implicitly connects each component to the cultural landscape ofthe downtown. A Civic Centre for the Living Arts could have the following major components:
I. Brock University School of Fine and Performing Arts II. Brock Centre for the Performing Arts III. St.Catharines Performing Arts Centre IV. City of St. Catharines Parking Facility V. Regional Niagara Police Headquarters VI. New Media Business Incubator VII. Private Sector Tenants
A development of this magnitude would require significant capital investment and subsequent operational financing. A business case will need to be developed to properly assess the financial magnitude of both capital investment and operational financing. This section provides the overview of the fundamental components needed to create this Civic Centre of the Living Arts.
The facility will ideally need:
A. Parking B. Police Administrative space C. Performing Arts space D. University space E. Office space F. Residential Space
A. Parking
On April 3, 2006 St. Catharines council received the Downtown Parking Study and Recommended Strategy. The study recommended that the redevelopment of the Carlisle Parking Garage site should be viewed as a major catalyst for change in the Downtown and, as a result, the preliminary design exercise should explore opportunities and provide recommendations on how the City can further enhance the viability of the project either on the current site or another suitable site within the core. It was estimated that a new structure would cost between $15 million and $20 million to be financed from the parking budget.
B. Police Administrative space
On January 25, 2007 the Niagara Regional Police Services board approved a $28 million capital budget with provisions for a police administrative headquarters. There is an opportunity for the police board to partner in this complex to provide new administrative offices within downtown St. Catharines. It should be noted that the downtown is viewed as the regional administrative hub and the potential loss of a regional service agency would have a detrimental impact on this -27- General July 30, 2007 designation. While not part of a creative cluster, police presence is important in conveying a safe image for the downtown facilitating revitalization efforts. ·
C. Performing Arts Venue for Local Artists and Community Users
Council allocated $75,000 from the 2007 budget to develop a feasibility study for a performing arts centre in downtown St. Catharines. In addition, a staff member has been succonded from RCS to administer the study. There is an opportunity to create a performing arts venue centre that has serves both municipal needs, contains with regional appeals and relocates associated with the Brock the Centre for the Arts at Brock University .. The relocation of the Centre for the Arts from the University campus to this downtown complex will provide programming expertise and the operational support needed to sustain a performing arts venue centre in downtown. The facility can incorporate a professional arts series of touring acts alongside a much-needed showcase for Niagara's own professional artists. theatre space could be utilized by the community between events and shows. In addition, the complex will look to serve the academic needs of the University's could incorporate an additional community theatre which could be used by the University School of Fine and Performing Arts and have a myriad of additional community uses for special events, fundraisers, recitals and corporate meetings.
D. University Space
Brock University School of Fine and Performing Arts does not have enough space at its current location on campus. Recent events have created an environment conducive to the exploration of an off campus location. The move to an off campus site would also free space on campus to allow other University departments to expand on campus.
E. Office Space
It is envisioned that the private sector would be a major stakeholder in this complex. A building that has public space and vibrancy associated with cultural activities provides a positive environment for other tenants. A natural partnership between the City, university and private sector has been begun with the New Media Incubator feasibility study.
Niagara's two higher educational institutions, Brock University and Niagara College, are working closely with local industry to provide a stream of highly qualified personnel to meet their current and future needs as well as to create new entrepreneurs for these industries.
Through Brock University's introduction of an Interactive Arts and-Science (lAS) program and the recruitment of two Canada Research Chairs in Digital Humanities, they have begun to address the human and intellectual capital needs for a new media cluster. Brock's strong co-op programs place computer science, lAS and other students with existing companies. Brock is also working closely with Sheridan College to develop an integrated stream of courses that will allow students to access the best of both institutions' offerings in order to prepare for careers in new media.
Niagara College provides programs in media and design and computer studies and the virtual reality facilities. Since one of the major goals of the incubator will be to try to retain graduates of these programs in Niagara, the close working relationship between Brock, Niagara and existing companies through co-op placements will provide incentives and understanding of opportunities for new company development.
Ontario's largest digital game creator, is located in downtown St. Catharines and has a desire to work more closely with the incubator. The local company has a long history of working with Brock professors and hiring Brock students. The incubator will be a formalized relationship which builds on this long history of collaboration. The literature on incubators and community development emphasize the importance of engaging industry leaders and relying on their expertise for training, mentorship and spin-offs. -28- General July 30, 2007
Each partner wishes to improve the position of the industry and help ensure a skilled talent pool of developers in the Region. The interactive digital media industry appears to be largely a cottage industry in the Region. It is believed that an incubator would provide a physical and virtual locus for the industry in the Region and help this cottage industry to grow.
G. Residential Space
There has been an upsurge of interest in the construction of residential units in the past two years. To date, approvals have been given for the construction of 150 residential units, 43 ownership units and 107 rental units. In addition, there have been expressions of interest from other owners about possible residential development in the downtown area. As a result of this interest, the parking study planned for the creation of an additional 675 residential units within and around the commercial core. An increase in the residential population is positive in terms of providing a 24 hour downtown population and also as part of the overall strategy to increase the demand for new commercial ventures in the downtown area.
Province of Ontario Contribution to St. Catharines City Centre Revitalization
On June 22, 2007 the Ontario Ministry of Economic Development and Trade announced a significant funding initiative for several projects throughout Niagara. The proposal was for the development of made-in-Niagara solutions to enhance economic sustainability and regional competitiveness and mobilize local resources in partnership with the Province of Ontario. A proposal was developed in partnership between Niagara Economic Development Corporation, St. Catharines EDTS and other municipal economic development offices incorporating specific programs throughout Niagara. St. Catharines received the $250,000 for the development of a business case for downtown revitalization. The money was based on the following information.
Opportunities to cluster several market niches including the crossroads of wine country, business incubators, and new location(s) for Brock University in downtown St. Catharines. The purpose of this project is to complete an analysis of the economic opportunities available in the downtown core of St. Catharines (also targeted as an "Urban Growth Centre") and to develop an implementation strategy to realize these based on pillars of smart growth and targeted development. For example, the project will determine the feasibility and economic potential of the construction ofa major multifunctional complex (Civic Centre for the Living Arts) within downtown St. Catharines and the appropriate mix of components such as:
• Parking Facility • Police Administration Office • Performing Arts Space • University Academic and Office Space • Private Sector Anchor Tenant Office space • Residential Development
There will be three deliverables emerging from this work:
• Downtown Creative Cluster Master Plan - A plan for revitalizing downtown St. Catharines which leverages the Places to Grow Strategy and Urban Growth Centre designation. The plan will synthesize a number of economic opportunities and develop a broader, comprehensive and integrated strategy for the development of a creative cluster in support of the revitalization of downtown St. Catharines. This Master Plan will build on previous work and aid in the implementation of the downtown revitalization. The cost associated is $1 00,000.00.
• Economic Development Transition Strategy - The transition strategy will provide the implementation framework and guidelines for those activities deemed appropriate and feasible as identified in the creative cluster master plan. The transition strategy will outline potential models of governance and sustainable financing and facility operations, e.g. the creation of a not-for-profit corporation with major stakeholders comprising the City of St. Catharines, Region of Niagara, Brock University, and Niagara College. The cost associated is $25,000.00. -29- General July 30, 2007
• Centre for the Living Arts Business Case - Closely related to the creative cluster master plan, this portion of the project will provide a business case and feasibility study for the creation of a Civic Centre for the Living Arts in downtown St. Catharines incorporating the Performing Arts Venue and School of Fine and Performing Arts relocation. As the primary catalyst for the development of the Living Arts Centre, a detailed business plan and project implementation plan is required for the development of an arts venue and relocation of the two Brock University operations. This business case, in conjunction with the program plan and site assessment tabled in the July 30, 2007 report entitled, "Niagara Centre for the Arts" will expedite the current opportunities. The business plan and capital fundraising feasibility referenced in the RCS report will be incorporated into this deliverable. The cost associated is $125,000.00.
Conclusion
The City of St. Catharines has been dramatically impacted both by ~he provincial Growth Plan and by the prescriptive features and limitations of the Greenbelt Plan. The city is the only Niagara community identified in the Growth Plan as an 'urban growth centre'. Bounded by greenbelt communities to the east and west, and by lands designated for speciality crop production within its urban boundaries, St. Catharines must now grow inwardly and target its downtown urban core for intensified growth. This represents both a development challenge and an opportunity to unlock the potential of the inner city.
As Niagara's only 'focal point' for intensified growth in its downtown core, the City of St. Catharines must anchor future growth around key development projects within its urban boundaries and maximize the potential of its inherent assets. A comprehensive development plan for the downtown core will allow the advancement of several key initiatives currently being discussed including the possible relocation of Brock University School ofFine and Performing Arts, a new municipal parking structure, a performing arts centre and other related projects and programs.
RECOMMENDATION:
That the report from Economic Development and Tourism Services Department and Planning Services, dated July 23, 2007, respecting a comprehensive plan for downtown St. Catharines be received for information purposes; and that EDTS, in conjunction with Planning Services develop terms of reference for the downtown development master plan, Civic Centre for the Arts Business Case and Economic Development Transition Strategy. FORTHWITH ·
MOVED BY COUNCILLOR FOSS:
That the recommendation contained in the report from the Economic Development and Tourism Services Department and the Planning Services Department, Item Number 426 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH. -30- General July 30, 2007
ITEMN0.427 Report from the Recreation and Community Services Department, Dated July 26, 2007 Re: Niagara Centre for the Arts File: 35.60.74
COUNCILLOR KUSHNER DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 427 of the General Committee Minutes, July 30, 2007.
On April 16, 2007, Dr. Jack Lightstone, President and Vice-Chancellor ofBrock University, made a presentation to City Council expressing interest in a partnership between the University and the City to develop a Niagara Centre for the Arts. City Council approved support for the concept in principle, and requested further information on the current initiatives relating to this project, including a time-line and project budget.
Community Needs Assessment: In August of 2006, a Performing Arts Centre (PAC) Task Force was appointed by City Council to work with staff to update the Community Needs Assessment undertaken in 2001. To date, the Task Force has distributed two surveys into the community: a User Group Needs Assessment Survey, which will assess the current levels of use by arts organizations in St. Catharines and investigate the type of facilities needed; and a Facility Inventory Survey which will tabulate the facilities currently utilized by cultural practitioners, and provide details of the features in each of these facilities.
In addition, the PAC Task Force has been gathering information from other communities with respect to costs associated with building and operating performing arts facilities, how revenues are generated for both capital development and long-term operations, and the types of ownership, governance, and management models with which they operate.
This information will be used to establish recommendations for the size and type ofvenue/s needed by the community, and identify case studies of particular interest to the City and Brock University project.
Nature of Current Project: The proposed partnership with Brock University would entail moving the School of Fine and Performing Arts (SFPA), as well as venues and operations for the Centre for the Arts (CF A), into downtown St. Catharines. The plan under discussion is to develop support, rehearsal, and presentation space/s for the performing arts to be used by faculty and students of the SFP A, the CF A and their professional presentation series, and arts organizations and other community users m St. Catharines. The SFP A will also require office and academic space for its faculty and programmes, which will include studio and presentation space for the visual arts department.
Currently, Brock University is participating in a New Media Incubator Study, and Rodman Hall Arts Centre, another operation at Brock University, has recently identified storage space issues for their art collection. Given the compatibility of these potential needs and projects, and the opportunities they may generate in partnership, it is recommended that the City's focus on performing arts presentation space be expanded to include the following investigations:
I. An investigation into the facility needs and opportunities within the visual arts community of St. Catharines and Niagara;
2. A review of the City's space needs pertaining to the City's art collection and archives;
3. An assessment of potential partnerships and opportunities for the St. Catharines Museum;
4. Continued assessment of potential public and private sector partnerships that complement the core project. - 31 - General July 30, 2007
The above assessments will be undertaken independent of the ongoing performing arts centre needs assessment and feasibility analysis, with the aim of incorporating research in a timely fashion with the study described below.
Partnership Agreement: Staff from Recreation and Community Services and Economic Development and Tourism Services have been meeting with representatives from the SFP A and the CF A to establish project organizational structure, initiate partnership discussions, and share information on facility needs as it becomes available.
The partnership agreement with Brock University will likely be phased, as information is gathered, with the following areas of partnership requiring negotiation:
• principles, goals, and objectives of each partner; • roles, responsibilities, and sharing of costs for the feasibility study phase; • capital and operating budget responsibilities, including articulated roles in fund-raising; • ownership, governance, and management of the venue/s; • venue-sharing policies as required for presentation and rehearsal spaces to ensure access by SFP A, the CF A, and the community. • roles, responsibilities, and sharing of costs for project implementation.
There exists additional opportunities for partnership development with other private and public sector partners. These prospects will be presented to Council in a separate report from Economic Development and Tourism Services.
Public Consultation: Consultation with the arts community has already begun through the work of the PAC Task Force. Staff will work with the PAC Task Force to develop a communication plan, which will include consultations with key community stakeholders as well as larger public meetings when appropriate. Given the complexity and high profile nature of the project, plans include establishing an e-newsletter communication tool for the project to allow for regular updates to the community and to City Council and staff.
Feasibility Study: The next phase of the arts centre project requires a feasibility analysis, with several areas of assessment that are inter-related. Brock University's SFP A also has some feasibility analysis to undertake pertaining to academic growth and space requirements for their academic programmes. Staff are in discussion with Brock University representatives to determine how best to link, or join the respective feasibility studies. It is anticipated that the study will be phased, based on sources of financing, and each partners' needs and time-lines. This is noted below.
The forthcoming feasibility study, is summarized below, but does not incorporate all requirements of the School of Fine and Performing Arts.
Phase I
Programme Plan: The Community Needs Assessment, coupled with usage rates from the SFPA and the CF A, will be used to establish programme information on which to base venue size and type, a business plan, and a building programme. Sufficient level of programme activity is required for an arts venue to be financially feasible, and the type of programming to be undertaken, will impact on venue design choices.
Site Assessment: Once venue sizes are determined, a building programme will be developed that can provide the basis of site assessment. The complexity of a site assessment is dependent on the sites under consideration. Site assessment can include a review of footprint size, pre-existing building condition assessments, and environmental assessments, as well as consideration of criteria, such as location, access, cost, etc. - 32- General July 30, 2007
Architectural conceptuals and capital cost estimates, would be developed at this stage. This phase of the study should conclude with the selection of a preferred site, pending finalized decisions on project leader/developer, and site ownership and management, as per the Business Plan.
Phase II
Business Plan: When the programme plan and site selection are complete, a business plan can be developed, and would include recommendations for ownership, governance, management, and core operating principles pertaining to venue usage and operating budget. A 5-year pro-forma operating budget would be a part of the plan, as will an assessment of revenue generating options and operating financial feasibility. An economic impact analysis of the project, will be part of this phase.
Capital Fund-raising Feasibility: Once a site or sites are selected and a business plan has been developed, the financial needs of the project- both capital and operating- can be assessed to determine viability ofthe project. Partnerships and other sources of revenue for the project will be investigated at this stage of the project.
Project Implementation Plan: At this stage, the issues and needs of the project should be clearly identified, and strategies and time-lines can be developed that will move the project forward into implementation. This plan will include outlining recommendations for developing a fund-raising campaign, project management needs, partnership management, and environmental, site and architectural requirements.
Budget and Time-line: The time-line provided assumes that partnership discussions are efficient and does not take into account any other significant partnerships in the study process.
Performing Arts Community Needs Assessment September, 2007 Visual Arts Needs Assessment January, 2008 City Needs Assessment (Art Collection, Archives, Museum) January, 2008 Confirm Consultant for Feasibility Study October, 2007 Programme Plan February, 2008 Site Assessment May, 2008 Business Plan August, 2008 Financial Feasibility September, 2008 Partnership Agreement (phased) May, 2007 - September, 2008 . Start Architectural Design December, 2008 * Complete Architectural Design to be determined *
* The initiation of architectural studies would commence once the site is selected, the owner and manager of the centre is finalized, project management structure is determined, and funding has been identified to hire architectural expertise. The time required to complete the architectural phase of the project will depend on the site/s selected and the level of design required.
The City's 2007 budget includes seventy-five thousand dollars ($75.,000.00) from the St. Catharines Hydro Interest Fund for the performing arts centre feasibility study. This will be directed toward Phase I of the feasibility study, and a portion of Phase II. The bulk of Phase II will be funded through the two hundred and fifty thousand dollars ($250,000.00) which has been confirmed from the Province of Ontario's Ministry ofindustry and Economic Development to invest in downtown revitalization development as it pertains to cultural and academic developments. It is staffs understanding that Brock University has a budget of seventy-five thousand dollars ($75,000.00) for the SFPA Feasibility Study. - 33- General July 30, 2007
The cost of all phases of the Feasibility Study to the City will be dependant on the partnership agreement with Brock University for this phase of the project, the agreed-upon scope of work in the study, potential inclusion of other partners in this phase, and the nature of the sites being assessed.
RECOMMENDATION:
That the report of the Recreation and Community Services Department regarding the Niagara Centre for the Arts, dated July 26, 2007, be received for information purposes. FORTHWITH
MOVED BY COUNCILLOR ELLIOTT:
That the report of the Recreation and Community Services Department regarding the Niagara Centre for the Arts, dated July 26, 2007, be received for information purposes; and that the Complete Architectural Design by finished by the Spring of2009.
CARRIED FORTHWITH.
ITEMN0.428 Report from the Planning Services and the Financial Management Services Departments Dated July 16, 2007 Re: Downtown Licenced Establishment Study File: 60.35.44
Background
On April 30, 2007 General Committee authorized staff to retain a consultant to complete the Downtown Licenced Establishment Study. The overall purpose of the study is to ensure that the creation of a vibrant balanced downtown is not pre-empted by the issuance of new liquor licences. The study proposes to examine existing planning policies and municipal procedures related to licenced establishments in the downtown. The 2007 Budget has allocated $50,000.00 for this study.
Process
Terms of Reference for the study were prepared by staff and approved by Council April 30, 2007. The Terms of Reference were distributed to five (5) potential proponents and posted on the City's web site. A total ofthree (3) proposals were received.
A Committee was established with representatives from the Chief Administrator's Office, Economic Development and Tourism Services and Planning Services to review the proposals. The Evaluation Committee met and completed an analysis of the proposals submitted.
Selection Criteria
The following are the key criteria used to evaluate the proposal:
• Technical merits ofthe proposal. • Previous experience completing similar projects of personnel assigned to the project. • Local Knowledge. • Proven ability to meet time-lines and budgets on past comparable projects. - 34- General July 30, 2007
• Effectiveness, applicability, completeness, and presentation of the work plan • Project organization, work plan, schedule, and controls. • Fees quoted in the proposal.
Review and Evaluation of Proposals
The Evaluation Committee reviewed the proposals supplied by each proponent based on the criteria listed above. The objective of the Committee was to select the proposal that best demonstrated competence, qualifications, and technical merits of the proposal at a fair price.
The submissions from the three consultants are outlined below:
Downtown Dynamics $37,365.00 The Planning Partnership $39,940.80 Avalon Consulting $41,870.00
Following an overall assessment of each submission it was determined that The Planning Partnership exhibited superior abilities and qualifications in their recent work. They also displayed a sound understanding of the issues of downtown St. Catharines, the analysis to be undertaken, and potential solutions. Staff are of the opinion that the additional expenditure is warranted for the additional value which will be received and recommend the proposal from The Planning Partnership be accepted.
RECOMMENDATION:
That the firm The Planning Partnership be retained to complete the Downtown Licenced Establishment Study, at a total cost of $39,940.80 including applicable taxes; and that the City Solicitor be directed to prepare the necessary by-law and agreement; and that Mr. Ron Palmer, The Planning Partnership, 1255 Bay Street, Suite 201, Toronto, ON, M5R 2A9 be so advised. FORTHWITH
MOVED BY COUNCILOR FOSS:
That the recommendation contained in the report from the Planning Services Department and the Financial Management Services Department, Item Number 428 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEM NO. 429 Report from the Planning Services Department Dated July 16, 2007, Re: Application for Amendment to By-Law 66-165 (Zone 3) to Permit One (1) Accessory Dwelling Unit Per Principal Dwelling Unit as a Permitted Use 65 Garnet Street Applicant: Angelo Casarella File: 60.35.915
COUNCILLOR GILL DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 429 ofthe General Committee Minutes, July 30, 2007. - 35- General July 30, 2007
Purpose
The purpose of this application is to recognize an existing illegal use that is not currently permitted in the Zoning By-law. This application was initiated as a· result of a fire inspection that required the owner to install a new fire protection wall. A Zoning By-law amendment is sought to permit the existing two (2) basement apartment units. The zoning amendment is required so that a building permit may be issued to proceed with construction to bring the dwelling into compliance with the Fire Code. The current zoning permits two units (a semi-detached dwelling) but does not permit the two basement apartment units.
Background
On June 11, 2007, Council considered this application but reserved its decision and subsequently closed the Public Meeting. The neighbour to the west (63 Garnet Street) appeared before Council and presented the parking problems he has encountered over the years resulting from cars primarily associated with the illegal basement unit in the front half of the dwelling. Cars encroach periodically into his lot preventing him from access to his rear yard parking area. Staff recommended the basement unit in the front half of the semi-detached dwelling be removed because ofthe negative impact on the abutting neighbour. Council reserved its decision to allow further discussion between the applicant and the neighbour to the west, regarding the parking encroachment issue and to discuss the length of fence to be constructed by the applicant along the common lot line.
The original report to Council dated May 25, 2007 is attached as Appendix 'M' .
On July 6, 2007 staff met on site with the neighbour and the applicant to address the matters outlined in Council's directive. The applicant and the neighbour were advised that this matter would be considered by Council on July 30, 2007 and that the Public Meeting was closed by Council on June 11,2007. The results ofthe July 6, 2007 site meeting are as follows:
i) Regarding the fence, the applicant is prepared to construct a fence along the common lot line extending from the rear lot line to a point which matches the rear edge of the porch located at the rear of the dwelling at 63 Garnet. This was acceptable to the neighbour at 63 Gamet Street since it provides protection from encroachment of vehicles into his rear yard, but still permits access to his rear yard parking area . This length of fence is less than what was originally recommended by staff in its report dated May 25,2007. The applicant has agreed to the construction of the fence, as recommended in this report.
ii) Although the applicant would prefer to retain the basement unit in the front half of the existing semi -detached dwelling, he is prepared to remove it and reconnect the space to be part of the primary dwelling unit, resulting in only three units on the property.
Staff consider the basement unit in the front half of the semi-detached dwelling to be the primary source of parking problems between the properties. The owner has demonstrated that he, as an off site landlord, cannot successfully control the parking habits of his tenants. As well, there in no mechanism to guarantee that tenants in this basement unit would be limited to those who do not own vehicles.
Staff continue to recommend that only three units be permitted on this site and that the basement unit in the front half of the semi-detached dwelling be removed, subject to conditions as outlined in the Recommendation. Staff consider residential infill to be desireable only where it can be successfully integrated into an existing neighbourhood.
Council should be aware that the recommendation in this report is identical to that in the original report, with the exception of the revision to the fencing. As well, should the applicant not fulfill the conditions within 6 months (December 31, 2007), the matter should be referred to the Legal Department for further action. - 36- General July 30, 2007
RECOMMENDATION:
That approval be granted to amend Zoning By-law 66-165 (Zone 3) for lands in the City of St. Catharines, known municipally as 65 Garnet Street as follows:
1. In addition to the permitted uses of the R2C zone, 1 accessory dwelling unit shall be permitted in the rear half of the existing semi-detached dwelling only, subject to the following provisions:
a) Minimum Lot Frontage 10 metres
b) Minimum Side Yard 2.4 metres
c) Maximum Front Yard Parking Area 60%
d) Total Parking Area Coverage 25%
e) Tandem Parking shall be permitted, and be permitted in the front yard, beyond the front face of the dwelling.
f) A Tandem Parking Space shall mean an area not less than 30 square metres, measuring 2.75 metres by 11 metres for the temporary parking or storage of2 motor vehicles both of which utilize the same right of way to a public street.
g) Number of Parking Spaces Per Dwelling Unit 2 spaces per dwelling unit for units greater than 55 square metres 0 spaces per accessory dwelling units up to 55 square metres. h) Accessory Dwelling Unit
An Accessory Dwelling Unit shall be defined as a separate residential dwelling unit located entirely within the exterior walls of the principal dwelling unit, and having a separate interior or exterior entrance from the principal dwelling and shall not exceed 55 square metres. The external appearance and character of the dwelling and lot shall not reflect the accessory dwelljng unit. and that prior to the passage ofthe By-law by Council, the owner shall remove the existing accessory dwelling unit from the front half of the semi -detached dwelling, and the Chief Building Official (CBO) shall provide confirmation to that effect; and that prior to the passage of the By-law by Council, the applicant shall construct a wood board on board fence along the mutual lot line between 63 and 65 Garnet Street extending from the rear lot line to a point which matches the rear edge of the porch located at the rear of the dwelling at 63 Garnet, to the satisfaction of Planning Services; and that the owner be granted a maximum of six months (December 31, 2007) to fulfill the above conditions, and should these conditions not be met within six months, the matter be referred to the Legal Department for further action; and that the City Solicitor be directed to prepare the necessary By-law to give effect to Council's decision, only after the above conditions has been met; · and that the Notice of Decision required by the Planning Act, R.S.O. 1990, c.P.13, as amended, be processed by the City Clerk; and that upon expiration of the appeal period, the City Clerk be directed to forward an application to the Ontario Municipal Board for approval ofthe proposed zoning by-law if any appeals are received; - 37- General July 30, 2007 and further that Angelo Casarella, 252 Queenston Street, St. Catharines, ON L2P 2X3 and Jim Tiffney, 63 Gamet Street, St. Catharines, ON L2M 5E7, be so advised. FORTHWITH
MOVED BY COUNCILLOR SECORD:
That approval be granted to amend Zoning By-law 66-165 (Zone 3) for lands in the City of St. Catharines, known municipally as 65 Gamet Street as follows:
1. In addition to the permitted uses of the R2C zone, 1 accessory dwelling unit shall be permitted in the rear half of the existing semi-detached dwelling only, subject to the following provisions:
a) Minimum Lot Frontage 10 metres
b) Minimum Side Yard 2.4 metres
c) Maximum Front Yard Parking Area 60%
d) Total Parking Area Coverage 25%
e) Tandem Parking shall be permitted, and be permitted in the front yard, beyond the front face of the dwelling.
f) A Tandem Parking Space shall mean an area not less than 30 square metres, measuring 2.75 metres by 11 metres for the temporary parking or storage of2 motor vehicles both of which utilize the same right of way to a public street.
g) Number of Parking Spaces Per Dwelling Unit 2 spaces per dwelling unit for units greater than 55 square metres 0 spaces per accessory dwelling units up to 55 square metres. h) Accessory Dwelling Unit
An Accessory Dwelling Unit shall be defined as a separate residential dwelling unit located entirely within the exterior walls of the principal dwelling unit, and having a separate interior or exterior entrance from the principal dwelling and shall not exceed 55 square metres. The external appearance and character of the dwelling and lot shall not reflect the accessory dwelling unit. and that prior to the passage of the By-law by Council, the owner shall remove the existing accessory dwelling unit from the front half of the semi-detached dwelling, and the Chief Building Official (CBO) shall provide confirmation to that effect; and that prior to the passage of the By-law by Council, the applicant shall construct a wood board on board fence along the mutual lot line between 63 and 65 Gamet Street extending from the rear lot line to a point which matches the rear edge of the porch located at the rear of the dwelling at 63 Gamet, to the satisfaction of Planning Services; and that the owner of 63 Gamet Street be included in the discussions respecting the construction of the fence; and that the owner be granted a maximum of one year (July 31, 2008) to fulfill the above conditions, and should these conditions not be met within one year,.the matter be referred to the Legal Department for further action; and that the City Solicitor be directed to prepare the necessary By-law to give effect to Council's decision, only after the above conditions has been met; - 38- General July 30, 2007 and that the Notice of Decision required by the Planning Act, R.S.O. 1990, c.P.13, as amended, be processed by the City Clerk; and that upon expiration of the appeal period, the City Clerk be directed to forward an application to the Ontario Municipal Board for approval of the proposed zoning by-law if any appeals are received; and further that Angelo Casarella, 252 Queenston Street, St. Catharines, ON L2P 2X3 and Jim Tiffney, 63 Gamet Street, St. Catharines, ON L2M 5E7, be so advised.
CARRIED FORTHWITH.
ITEMN0.430 Report from the Planning Services Department Dated July 12, 2007 Response to Letter Concerning Snooker's Pub 444-446 Scott Street Files: 60.51.767 and 56.14.105
BACKGROUND
A letter dated April23, 2007 concerning the operation of Snooker's Pub at 444-446 Scott was submitted to the Mayor and Council by Marianne Murray, a neighbouring resident (see Appendix 'N').
There has been a long history related to the development and operation of this site over the past six years.
There are five specific issued raised on the last page of the letter:
• The issue of a fence along what was then the rear lot of the development • Compliance with the liquor licence concerning live music • Compliance with the site plan agreement -dumpster • Restriction of access to the rear of the building as a smoking area • Restriction of parking at the rear of the building
Issue One- Fence
The original agreement referred to in the correspondence was an agreement between the previous property owner and the area residents. The City was not a party to the agreement but was aware of the agreement. The City has no ability to enforce this agreement.
It should also be noted that subsequently, the City did enter into an amendment to the site plan agreement for the development on Scott Street as additional lands that were originally part of neighbouring funeral home site were added to the property at 446 Scott Street. As the rear property line was now approximately 180 feet further to the south abutting the neighbours property, there was no requirement for either a fence or landscaping along the old property line (Appendix '0').
The previous owner of the property agreed to plant a row of cedar trees along the former property line. These did not survive and were replanted. The majority of these trees are now dead or dying. The new owner of the property has been requested in writing as a good neighbour to replant these trees. - 39- General July 30, 2007
Issue Two - Compliance with Liquor Licence re Music
This is an issue over which the City has no control. The local Enforcement Unit of the Alcohol and Gaming Commission of Ontario (AGCO) has been provided a copy ofthe letter and requested to investigate. The AGCO staff received a copy of Marianne Murray's letter and has investigated on a number of occasions and found no violations of the liquor licence. The AGCO inspector has spoken to Marianne Murray about this.
Issue Three - Compliance with Site Plan Agreement - Dumpster
The owner has been advised that the dumpster should be placed within the constructed garbage enclosure. The owner has agreed and directed his management company to ensure that this matter is addressed. The Transportation and Environmental Services Department is also addressing this as a violation of the Waste By-law.
Issue Four- Compliance with Regional Non-Smoking By-law
Regional Health Services have been contacted concerning this alleged violation of their by-law. They have indicated that they will deal with this matter. They have.been requested to advise Ms. Murray of their actions.
Issue Five- Parking Restriction
Forty three parking spaces are shown on the approved site plan attached to the agreement. All of the parking is shown in the front yard of the property. There is no special provision in the site plan agreement that provides specific restrictions on where users of the property may or may not park. However, as there is no parking shown on the approved site plan in the rear yard, no parking should be occurring there as it is a landscaped area except for the existing paved asphalt. By way of a letter, the new owner of the plaza has been requested to advise his tenants of the site plan agreement and its requirements. City staff have attended on site on two occasions and found no vehicles in the area.
In addition, the operator of Snooker's Pub has been contacted to make them aware of the concerns raised in order to be a better neighbour and also comply with the law and existing legal agreements.
RECOMMENDATION:
That the report from the Planning Services Department dated July 12, 2007 concerning questions related to 444-446 Scott Street be received for information purposes; and that staff provide Council with any information received from ¢.e Alcohol and Gaming Commission Enforcement Unit and Regional Health Services concerning enforcement actions; and that Marianne Murray, 15 Winston Road, St. Catharines, L2M 4R1, be so advised FORTHWITH
MOVED BY COUNCILLOR WASHUTA:
That the report from the Planning Services Department dated July l2, 2007 concerning questions related to 444-446 Scott Street, be deferred to the Council meeting to be held on August 27, 2007, to provide Marianne Murray to speak to the matter.
MOTION TO DEFER CARRIED FORTHWITH. -40- General July 30, 2007
ITEM NO. 431 Report from the Transportation and Environmental Services Department, Dated July 17, 2007 Re: Reconstruction of Regional Road 87 (Lakeshore Road) From Weiland Canal to Read Road, Regional Project RN07-09 Cost Sharing for City Works File: 18.61.99
The Regional Municipality ofNiagara has awarded the above noted contract and construction is scheduled to commence shortly.
In order to better coordinate construction and minimize disruption to area residents, it is recommended that various City works be undertaken at the same time by the Region's Contractor. These works include new sidewalk construction and sidewalk replacement.
Based on the low tender, the estimated cost for the required City works amounts to approximately $44,000 including contingencies and engineering, but not GST.
The proposed 2006 capital budget includes the following for Regional cost sharing on this project:
2006 Regional Cost Sharing $40,000 2006 New Sidewalk Construction Program $50,000 TOTAL $90,000
RECOMMENDATION:
That approval be granted to include the required City works on the Reconstruction of Regional Road 87- Lakeshore Road from Weiland Canal to Read Road as part of the Niagara Region's Project #RN07-09 at an estimated cost of $44,000 (which includes contingencies and engineering, but not GST}; and that the Commissioner of Public Works ofthe Regional Municipality ofNiagara, 2201 St. David's Road, P.O. Box 1042, Thorold, Ontario, L2V 4T7 be so advised, FORTHWITH.
MOVED BY COUNCILLOR GILL:
That the recommendation contained in the report from the Transportation and Environmental Services Department, Item Number 431 ofthe General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEMN0.432 Report from the Financial Management Services Department, Dated July 17, 2007, Re: Revenue and Expenditure Statements File: 10.57.99
For your information, attached (Appendix 'P') are the Revenue and Expenditure Statements for the General (Operating) Fund for the six months ended June 30,2007 -41 - General July 30, 2007
The total revenue received or accrued for our own purposes to June 30,2007 amounted to $39,631,899 or 48% of the total estimated revenue from all sources.
The total expenditures during the same period amounted to $34,189,224 or 39.3% ofthe total 2007 estimate.
Current Account funds on deposit with the Royal Bank of Canada amounted to $20,546,272 while the Short Term Deposits of Surplus Funds amounted to $59,818,684.
RECOMMENDATION:
That the report from Financial Management Services Department dated July 17,2007 regarding Revenue and Expenditure Statements for the six months ended June 30,2007 be received for information purposes. FORTHWITH.
MOVED BY COUNCILLOR STACK:
That the recommendation contained in the report from the Financial Management Services Department, Item Number 432 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEM NO. 433 Report from the Financial Management Services Department, Dated July 19,2007, Re: Property Tax Rebate for Vacant Commercial and Industrial Buildings File: 10.57.99
COUNCILLOR FOSS DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 433 of the General Committee Minutes, July 30, 2007.
Section 364 of the Municipal Act and Ontario Regulation 325/01 provides for rebates for vacant commercial and industrial property owners.
Applications are made under the following requirements:
A) a whole commercial or industrial building was unused for at least 90 consecutive days. B) a suite or unit within a commercial building was unused for at least 90 consecutive days; and it was clearly delineated or physically separated from the used portions of the building; and it was either i) capable of being leased for immediate occupation, or ii) not capable of being leased for immediate occupation because it was undergoing repairs or renovations, or it was in need of repairs or·renovations iii) or it was unfit for occupation C) a portion of an industrial building was unused for at least 90 consecutive days; and it was clearly delineated or physically separated from the used portions of the building; and it was unused.
Properties which are not eligible: Seasonal businesses during the off-season, vacant portions of a building which are leased to a tenant and new buildings that have never been occupied (vacant land sub-class).
Section 364 rebate applications are received in the Financial Management Department, forwarded to M.P.A.C., where the amount of reduction is calculated in assessment dollars and returned to the Municipality to complete the processing. -42- General July 30, 2007
RECOMMENDATION:
That the necessary vacancy rebates pursuant to Section 364 of The Municipal Act, in the amount of $41,361.84 be approved in accordance with the list (Appendix 'Q') submitted by the Financial Management Services Department, dated July 19,2007. FORTHWITH
MOVED BY COUNCILLOR W ASHUTA:
That the recommendation contained in the report from the Financial Management Services Department, Item Number 433 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEM NO. 434 Report from the Recreation and Community Services Department, Dated July 17, 2007 Re: Job Creation Partnership Grant Application File: 10.57.21
Background:
Cultural Services has prepared an application for the Job Creation Partnership (JCP) Programme co-ordinated by the Employment and Training Division of the Ministry of Training, Colleges and Universities. Upon successful application, the Province of Ontario will enter into a binding legal agreement with the Corporation of the City of St. Catharines, therefore, a motion from Council in support of the application, is required as part of the application process.
The purpose of the application is to secure an Art Collection Co-ordinator for a 52-week period. The budgetary impact of this position on the Cultural Services budget, will be minimal, and related to office space and time allocated for supervision of this position, as well as general supplies. The JCP programme pays the salary of the position. Eligible candidates for this position must be in current receipt of employment benefits and/or have been in receipt of benefits in the last 12 months. In addition, two thousand, three hundred, fifty-one dollars ($2,351.00) has been requested as part of the application to cover some additional computer training and the purchase of an art storage unit. This project will not have implications on the 2007 budget, and no additional funds are required for this year. Further, at the conclusion of this project, recommendations for the future management of the City's art collection, are expected, and a report will be presented to Council at that time.
The Application:
The City of St. Catharines owns a collection of art and cultural property that, as of a 2002 inventory, holds just over 300 items. The collection is comprised of fine art, sculpture, reproductions, artifacts, photographs, and some archival documents.. The collection is located throughout City Hall, city-owned buildings, parks, and other properties, with a small percentage in storage.
City Council passed the Public Art Policy, Section I establishing management policy and guidelines relating to the collection in June, 2003. In addition to creating guiding principles, a vision statement, purpose, and goals, the policy sets out collection management guidelines to be undertaken by Cultural Services staff. These guidelines in Part D of the policy, include the necessary inventory, documentation, research, and care, as well as programming, that is to be undertaken in the maintenance and care of the collection. Over a 52-week period, this project will allow Cultural Services to finalize the set-up of systems for the art collection, as well as the -43- General July 30, 2007 display of the collection in public spaces, further enabling Cultural Services to fulfill the requirements of the Public Art Policy. The secondary objective ofthis project is to complete a plan for the appropriate placement of the art collection in public spaces. The work plan to be undertaken by the Art Collection Co-ordinator is outlined in Appendix 'R'
RECOMMENDATION:
That the recommendations contained in the report from Recreation and Community Services, dated July 17, 2007, be approved; and that the City Solicitor be authorized to prepare any necessary documents and by-laws. FORTHWITH
MOVED BY COUNCILLOR STEVENS:
That the recommendation contained in the report from the Recreation and Community Services Department, Item Number 434 of the General Committee Minutes, July 30, 2007.
CARRIED FORTHWITH.
ITEMN0.435 Report from the Financial Management Services Department and Fire Services, Dated July 25, 2007, Re: Purchase of One (1) Fire Truck with Mid Mounted ( 75') Four Section Ladder File: 68.13.99
COUNCILLOR DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 435 of the General Committee Minutes, July 30, 2007.
Introduction
At the July 9, 2007 General Committee meeting of Council, this report was deferred to the Master Fire Planning Committee for further review and discussion regarding the purchase of a 7 5' mid mount Aerial ladder truck.
Council is advised that the Master Fire Planning Committee met on Wednesday July 18,2007 and has recommended that Council proceed with the purchase.
Background
On July 21, 2003 Council established a Fire Equipment Replacement Reserve to provide funding for the replacement of fire fighting vehicles. New purchases are charged directly to this reserve. The reserve is replenished by an annual provision in the Operating Budget. Currently there are available funds of $1 ,217 ,3 67.25 in the reserve.
The planned reserve expenditures for 2007 are for One (1) Fire Truck with Mid Mounted (75') Four Section Ladder and for One (1) Fire Pumper Rescue Truck. This report addresses the purchase of the Fire Truck with Mid Mounted (75') Four Section Ladder. An amount of $600,000.00 was provided in the reserve for this purchase.
Currently the Fire Service Fleet does not contain a Fire Truck with a Mid Mounted (75') Four Section Ladder. The vehicles currently in the fleet are either Aerial vehicles or Pumper/Rescue vehicles. This new vehicle is designed to function as a combination. of both of the existing types -44- General July 30, 2007 of apparatus. The cost of the new vehicle is approximately $350,000 greater than a traditional Pumper/Rescue vehicle but also $300,000 less than the purchase cost of an Aerial vehicle. Physically, the new vehicle is similar in dimensions to a pumper truck but includes the extra feature of the 75 foot ladder section. While the vehicle will function primarily as a Pumper/Rescue Vehicle, it will also provide Fire Services with a back-up aerial vehicle when either of the two existing platforms trucks are out of service for routine maintenance or mechanical reasons. As a result, Fire Services will be able to delay the purchase of the next Aerial for at least fifteen years. In addition, as part of this purchase the 1982 Aerial will be traded in thus reducing the total fleet complement by one vehicle. The Aerial presently being utilized as a back-up is of 1982 vintage and thus over 25 years old. The availability of parts has been problematic. This Aerial does not have a pre-piped waterway, operations to set it up as a water tower are very time consuming, labour intensive and can ultimately create a safety concern. If a combination vehicle is not purchased, Fire Services would estimate that a new aerial should be purchased within the next several years. It is for this reason that staff is of the opinion that the additional cost of the vehicle is justified.
Process
A Request for Proposal was prepared and distributed to nine (9) manufacturers. Proposals closed on May 17, 2007. Three (3) manufacturers responded to the proposal request.
A three (3) member Committee comprised of staff from Fire Services, Transportation and Environmental Services and Financial Management Services was established to review the proposals. The Evaluation Committee met and completed an analysis of the proposals submitted.
Selection Criteria
Proposal calls are issued in cases where exact specifications desired by the Corporation are not predetermined. In this particular case, Fire Services desired input from the marketplace to ensure that any current advances in the industry could be evaluated. The award of the proposal is then based on demonstrated competence, qualification and the technical merits of the proposal at a fair pnce.
Of the three (3) manufacturers two (2) were given thorough consideration by the Committee. Ontario Fire Truck was eliminated from the process as they submitted a proposal for a rear mount and the proposal clearly stated mid mount.
Although exact specifications were not fully predetermined, the Proposal called for a Fire Truck with Mid Mounted (75') Four Section Ladder.
The Committee met with the two (2) remaining manufacturers. They were given the opportunity to make a presentation on the vehicle they were offering, as well as allowing the Committee to ask questions regarding their proposal. The proposals are summarized in Appendix "J".
In general, proposals were evaluated using the following criteria:
1. Proven, successful experience in providing quality Fire Apparatus to Fire Departments of type and design consistent with intended use.
2. The responsiveness ofthe Proposal to all RFP requirements.
3. The degree to which the design of the equipment incorporated features advantageous to the Fire Department.
4. Ease of operation, serviceability and maintenance requirements for the finished product.
5. Anticipated schedule for completion and delivery of the finished product.
6. Warranty information including description and service location of the facility. -45- General July 30, 2007
7. History of the company.
8. Final price and payment schedule.
Review and Evaluation of Proposals:
The Evaluation Committee was asked to review the proposals supplied by each of the two (2) companies based on the specifications contained in the RFP and selection criteria listed above.
This vehicle will be a front run apparatus, operating from a single vehicle station which is currently manned by a staff of three. Although it will act as a backup Aerial when either of the platforms are not in service, its primary function will be as a pumper rescue vehicle. The advantages of this particular vehicle are that it is similar in dimensions to a pumper truck and includes the extra feature of the 75 foot ladder section. This will provide Fire Fighters with more options when accessing upper stories in a building. With this configuration the vehicle will be able to fulfill the primary role of rescue pumper with secondary use.as a backup Aerial. In addition, standardization with all three Aerial's means familiarization in the operations of the vehicles from an operator's and mechanic's standpoint.
The vehicle offered by Darch Fire is a tandem axle making for a much larger vehicle in overall length, wheelbase and overall axle ratings which add wear on the vehicle. The larger vehicle has a wider turning radius making it a more cumbersome on smaller streets. The Aerial is steel construction not consistent with current platforms operated by Fire Services. While this vehicle could fulfill the function of backup Aerial, it is less suited to be used regularly as a pumper rescue. The vehicle offered by Sutphen Corporation has a shorter wheel base and shorter overall length. This vehicle is much lighter overall due to the single axle and the Aerial construction of aluminum. As a result of the above analysis the Committee concluded that the additional expenditure for Sutphen's proposal is warranted. The vehicle is better suited to the intended use. The cost of the Sutphen Fire Truck Mid Mounted with (75') Four Section Ladder is $676,501.37. The reserve budget allocated $600,000.00 for this expenditure. The City Treasurer has confirmed that there are sufficient funds available in the reserve to cover this purchase
RECOMMENDATION:
That the Proposal by Sutphen Corporation of Amlin Ohio, for one (1) Fire Truck Mid Mounted with (75') Four Section Ladder for Fire Services, be accepted at a cost of$676,501.37 (excluding GST), the purchase to be funded from the Fire Equipment Replacement Fund and that the purchase of this piece of apparatus will not result in a change in the. current staffing complement. FORTHWITH
MOVED BY COUNCILLOR PHILLIPS:
That the recommendation contained in the report from the Financial Management Services Department, and Fire Services, Item Number 435 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH. -46- General July 30, 2007
ITEMN0.436 Report from the Recreation & Community Services and the Financial Management Services Departments Dated July 23, 2007, Re: Heritage Site Feasibility Assessment End Use Study for Morningstar Mill File: 68.31.181
Background: Proposals were invited to do an End-Use Study at the Morningstar Mill which will include assessing potential programming and management options, financial feasibility, and resource requirements. The final study will comprise recommendations for future end use, governance models and the financial commitments required for these recommendations. The 2007 Budget has allocated thirty thousand dollars ($30,000.00) for this study.
Process: A Request for Proposal was prepared and distributed to eighteen (18) proponents and posted on the City's web site. A total of three (3) proposals were received.
A Committee was established with representatives from Recreations and Community Services and Financial Management Services to review the proposals. The Evaluation Committee met and completed an analysis of the proposals submitted.
Selection Criteria: Proposal calls are issued in cases where specifications desired by the Corporation are not predetermined. Proposal calls solicit creative input and solutions from the market place. General guidelines or parameters are outlined in the Proposal Call and proponents submit their proposals within these guidelines
The following are the key criteria used to evaluate the proposal:
• A clear understanding of the project's objectives and goals. • Appropriateness of project methodology, approach and work plan. • The demonstrated ability of the consulting team to undertake a project of this nature. • · Experience and qualifications of project team. • Proven ability to meet time lines. • Success ofpast studies of a comparable nature. • Fees quoted in the proposal.
Review and Evaluation of Proposals: The Evaluation Committee reviewed the proposals supplied by each proponent based on the criteria listed above. The objective of the Committee was to select the proposal that best demonstrated competence, qualifications, and technical merits of the proposal at a fair price.
The submissions from the three consultants are outlined below:
Carl Benn, PHD $27,401.00 Commonwealth Historic Resource Management Limited $29,839.00 IBI Group $29,995.00
Following an overall assessment of each submission it was determined that the IBI Group exhibited superior abilities and qualifications in their recent work. They also displayed a sound understanding of the issues of highest and best use development strategies. Staff are of the opinion that the additional expenditure is warranted for the additional value received and recommend the proposal from IBI Group be accepted.
RECOMMENDATION
That the firm IBI Group be retained to complete the Heritage Site Feasibility Assessment End Use Study for Morningstar Mill, at a total cost of twenty-nine thousand, nine hundred and ninety-five dollars ($29,995.00), including applicable taxes; -47- General July 30, 2007
and that the City Solicitor be directed to prepare the necessary by-law and agreement;
1 and that Mr. Randy Grimes, IBI Group, 230 Richmond Street West, 5 h Floor, Toronto, Ontario, M5V 1V6, be so advised. FORTHWITH
MOVED BY COUNCILLOR SECORD:
That the recommendation contained in the report from the Recreation and Community Services Department and the Financial Management Services Department, Item Number 436 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEMN0.437 Report from the Transportation and Environmental Services Department, Dated July 23,2007, Re: Walker's Creek Restoration Project Number P04-138 Amendment to Budget and Tender Award File: 18.20.190
Tenders for this project closed on July 19,2007. All extensions and the total for each tender have been checked and corrected. The tender prices are listed below for the five tenders that were received:
Corrected Corrected Tender Tender Submitted By Tender Price Tender Price Price (lncl GST) Stevensville Lawn Service Inc. $504,059.00 $500,009.00 $530,009.54 Cambridge Landscaping Inc. $517,938.40 $549,014.70 Ontario Construction Company Ltd. $523,321.00 $554,720.26 Steele Contracting Inc. $598,994.00 $602,844.00 $639,014.64 Rankin Construction Inc. $738,670.00 $782,990.20
The budgeted construction amount for this project is summarized below:
Budget Account Number Budgeted Construction Amount 2004 Watercourse 430.620.500 $480,000.00 Rehabilitation
The work being awarded under this tender is for the restoration of Walker's Creek between Cindy Drive and Lake Ontario as recommended in the Class Environmental Assessment study completed in 2006. The work includes local erosion mitigation and creek stabilization at various locations along the creek, full realignment and restoration of the downstream portion of the creek through Cherie Road Park as well as the installation of two pedestrian bridges and improvements to the trail system. There are sufficient funds available in the 2007 Watercourse Rehabilitation program to allow this project to proceed at this time. It is recommended that $20,000 in available funding from Project ST07 -20-Dick's Creek Class Environmental Assessment be transferred to Project P04-13 8 to cover the shortfall. Additional funding to complete Project Number ST07-20, if required, will be included in the 2008 Capital Budget. -48- General July 30, 2007
RECOMMENDATION:
That approval be granted to award the tender for Walker's Creek Restoration, Project Number P04- 138, to the low bidder, Stevensville Lawn Service Inc., at their bid price of$530,009.54 (including 6% GST). and that the City Solicitor prepare the necessary by-law, and further that Terry Tykolis, President, Stevensville Lawn Service Inc., 2821 Stevensville Road, Stevensville, Ontario, LOS ISO be so advised, FORTHWITH
MOVED BY COUNCILLOR PHILLIPS:
That the recommendation contained in the report from the Transportation and Environmental Services Department, Item Number 437 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEM NO. 438 Report from the Transportation and Environmental Services Department, Dated July 23,2007, Re: Municipal Services Improvements- Arthur Street Project Number P07-063 Tender Award and Budget Amendment File: 18.20.194
Tenders for this project closed on July 19,2007. All extensions and the total for each tender have been checked and one error was found. The tender prices are listed below for the eight tenders received:
Corrected Corrected Tender Submitted By Tender Price Tender Price Tender Price (Incl. 6% GS'I)_ Rankin Construction Inc. $221,392.00 $234,675.52 Peters Excavating Inc. $223,998.95 $237,438.89 Alfidome Construction Limited $225,421.25 $238,946.53 Steed and Evans Limited $228,498.00 $242,207.88 Economy Paving Company $229,500.00 $243,270.00 (St. Catharines) Limited O'Hara Trucking & Excavating Inc. $231,329.50 $245,209.27 Norjohn Contracting and Paving Limited $241,320.10 $255,799.31 1448042 Ontario Limited $242,330.00 $348,530.00 $369,441.80 o/a Demar Construction
The budgeted construction cost for this project is summarized below:
Budget Account Number Budgeted Construction Amount 2007 Road and Drainage, Capital 415.124.500 $72,000 I 2007 Storm Sewer Program, Capital 430.294.500 $99,000 I 2006 New Sidewalk Program Capital 410.115.000 $25,000 I Total $196,000.00 -49- General July 30, 2007
The tender price is higher than the originally budgeted. The road works within the tender amount to approximately $112,000.00 which is greater than the budgeted amount by $40,000.00. This overrun is mainly because the roadway had to be lowered significantly more than was anticipated during budgeting. Staff does not feel that re-tendering the project at a later date will result in lower prices.
In order to allow this project to proceed, the City Treasurer has confirmed that there are sufficient funds within the 2007 Road and Drainage Program, Capital Budget to cover the shortfall. The funds are a result of favourable tender prices received for other projects.
RECOMMENDATION:
That approval be granted to award the tender for Municipal Services Improvements - Arthur Street, to the low bidder, Rankin Construction Inc., at their bid price of $234,675.52 (including 6% GST); and that the City Solicitor prepare the necessary by-law; and further that Mr. Tom Rankin, President, Rankin Construction Inc., 222 Martindale Road, St. Catharines, Ontario, L2R 7A3, be so advised. FORTHWITH.
MOVED BY COUNCILLOR DODGE:
That the recommendation contained in the report from the Transportation and Environmental Services Department, Item Number 438 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEM NO. 439 Report from the Transportation and Environmental Services Department, Dated July 23,2007, Re: Resolution of Property Standard Issues in the Downtown Core, 241 St. Paul Street, 42 James Street and 45 James Street File: 68.81.22
At the General meeting of Council on July 9, 2007, staff were directed to report on the resolution of property standards issues respecting various properties in the downtown core, and specifically on the property at the corner of St. Paul Street and Garden Park (241 St. Paul Street), 42 James Street and 45 James Street. Copies of two previous reports dealing with by-law enforcement processes are attached as Appendix "S" for Council's review.
The unsafe canopy located at 241 St. Paul Street was completely removed by the evening of July 16, 2007 thereby eliminating the unsafe condition. The broken windows at 45 James Street were replaced on July 16, 2007. However, the broken window at 42 James Street continues to be a concern that we are trying to resolve with the owner. A Property Standards Order was issued on July 23, 2007 requesting compliance by August 17, 2007.
Other properties identified at this Council meeting include the broken windows located at: a. 149 St. Paul Street; b. 157 St. Paul Street; c. 232 St. Paul Street; and d. 235 St. Paul Street. -50- General July 30, 2007
All of these complaints have been investigated. Since these property owners are not as forthcoming with their efforts for compliance, Property Standards Orders have been drafted.
RECOMMENDATION:
That the report from the Transportation and Environmental Services Department dated July 23, 2007, regarding the resolution of property standards issues at 241 St. Paul Street, 42 James Street, and 45 James Street be received for information purposes. FORTHWITH
MOVED BY COUNCILLOR FOSS:
That the report from the Transportation and Environmental Services Department dated July 23, 2007, regarding the resolution of property standards issues at 241 St. Paul Street, 42 James Street, and 45 James Street be received for information purposes; and that Staff be directed to report back at the next Council meeting on ideas for how to reasonably begin proactive enforcement of property standards; and that Staff be directed to report on the current procedures for property standards and also the following information be relayed to Council: property standards numbers for the last seven years including the number of complaints; the number of orders issues; the number of appeals to the Property Standards Committee; the number of compliance, the average time to resolve complaints, and the number of extensions given.
CARRIED FORTHWITH.
ITEMN0.440 Report from the Planning Services Department Dated July 23, 2007 Re: Proposed Amendment to Zoning By-law 64-270 (Zone 4) To Permit Hospital Parking on Adjacent Lands 1200 and 1242 Fourth Avenue Applicant/Owner: Niagara Health System File: 60.35.840 Vol. 2
The Proposal
This is an application to amend By-law 64-270 (Zone 4) to permit the hospital parking requirements to be met on the hospital site and on the separate lot owned by NHS to the west of the drainage channel (see Appendix"). The proposed development includes a hospital complex with patient, visitor and some employee parking east of the Francis Creek drainage channel, on lands known municipally as 1200 Fourth Avenue and a power plant with hospital employee parking west of the drainage channel on lands known as 1242 Fourth Avenue as shown on the site plan in Appendix' T'.
1 The site plan is the same as the site plan approved by Council on July 9 h. As was noted in the Planning report, an amendment to the zoning by-law is required to implement the site plan.
Site Analysis a) Location: The subject lands are located at the southwest comer of Fourth Avenue and First Street Louth and are divided into two by the Francis Creek drainage channel. The main hospital site is a 12.8 hectare (31.6 acre) -51 - General July 30, 2007
parcel at the south-west corner of Fourth Avenue and First Street Louth, on the east side of the drainage channel. The remainder of the subject lands are 3.564 hectares (8.806 acres) located on the west side of the drainage channel. The site is located within the Louth Industrial Park (see location map in Appendix "U"). b) Existing Land Use:
i) Site: There is an existing two storey brick house and two wooden barns on the larger parcel at 1200 Fourth Avenue. These buildings are to be demolished prior to construction of the hospital.
ii) Neighbourhood:
North: Fourth Avenue, retail store (Harvest Barn), a winery, and a former golf driving range (now vacant) East: First Street Louth, vacant lands, the St. Catharines Transit Commission facility and an industrial use (Venest Industries) South: City owned Francis Creek drainage channel (Super Ditch), CN main line and agricultural lands West: a garden centre and vacant industrial lands c) Official Plan: The lands east ofthe Francis Creek drainage· channel are designated Major Institutional permitting health, welfare, educational establishments and government offices. These lands on the east side of the drainage channel are also designated Institutional in the West St. Catharines Secondary Plan permitting all institutional uses. The proposed hospital complex is a permitted use.
The lands west of the drainage channel are designated Industrial which permits a variety of industrial uses. These larids are also designated as
Light Industrial in the West St. Catharines Secondary Plan. The proposed parking and power plant are permitted under these Industrial designations.
No amendments to the Official Plan and West St. Catharines Secondary Plan are required. d) Zoning: The subject lands currently have three different zonings:
The lands east of the drainage channel (1200 Fourth Avenue) are zoned Institutional-Holding (1-H) permitting the hospital complex and related uses. The Holding designation may be lifted upon registration of a site plan agreement, issuance of a Record of Site Condition by the Ministry of the Environment, completion of a Transportation Study for West Catharines, and approval of a storm water management plan. A number of these items have been satisfied; however the final site plan agreement has not been registered.
The lands west ofthe drainage channel within 120m ofFourth Avenue, are zoned Industrial Service-Holding (IS-H); for lands south ofthe strip described above, the lands are zoned Industrial Holding (M5-H). The Holding designations on this portion of the site may be lifted once urban services (water, storm, and sanitary services) are provided. The extension of these services will be completed with the reconstruction of Fourth A venue. The Region has entered into an agreement with Niagara Health System in this regard. -52- General July 30, 2007
The Institutional-Holding (I-H) does not permit the required health complex parking to be provided on a separate lot (i.e. those lands which constitute a separate lot west of the drainage channel). A rezoning to . permit the required parking to be provided on these lands is required. The Industrial Service-Holding (IS-H) and Industrial-Holding (M5-H) permits parking, however an amendment is required to include the parking provisions already approved for lands east of the drainage channel and extend those same parking zone provisions to the proposed parking west ofthe drainage channel.
Circulation Comments
This application was circulated to all appropriate departments and agencies for their comments and requirements. No objections or concerns with the proposal were received.
Open House Meeting
An open house meeting was held at City Hall in the Council Chambers on June 21, 2007. The purpose of this meeting was to present the applicant's proposal and allow an opportunity for questions to be asked and comments to be received by City Staffbefore decisions are made. There were eight members of the public in attendance plus representatives ofthe hospital. There were no concerns raised with regard to the proposal. Questions from the members of the public focused on future development on the vacant portion of the subject lands and lands to the east.
Planning Considerations
The application requests the hospital parking requirements to be met on the hospital site and the adjacent lot owned by the hospital to the west of the drainage channel, as shown in the site plan in Appendix ''. The zoning amendment would allow flexibility for design of the hospital site which includes a hospital complex with patient, visitor and some employee parking east of Francis Creek drainage channel, (1200 Fourth Avenue), and a power generation plant with employee parking west of the drainage channel (1242 Fourth Avenue). The proposal is in keeping with the land use direction established in the Regional Plan, and Official Plan.
The proposed development is within the urban boundary of the City, and as noted above is in conformity with the City's Official Plan and the West St. Catharines. In particular a Regional servicing agreement provides for improvements to Fourth A venue. While the subject lands do not currently have full urban services, an agreement has been entered into between the Regional Municipality of Niagara and Niagara Health Systems to extend those services and upgrade Fourth A venue to service the hospital site. This will allow opportunities for future redevelopment of lands to the east. This is in keeping with Provincial Policies regarding settlement areas Section 1.1.3. and 1.6 Infrastructure and Public Service Facilities. The proposal is also in compliance with the Region's Urban Areas policies. Improvements to First Street Louth will be finalized through a separate servicing agreement with the City as part of the final site plan agreement process.
The proposed zoning provisions are in keeping with the parking provisions established for the overall hospital site. These include minimum landscape areas within the parking lots, and maximum parking pod sizes that must be broken up with areas of landscaping. No parking structure is proposed at this time, however it is recommended that provisions for a parking structure be included to provide flexibility for future development on the lands to the west of the drainage channel (1242 Fourth Avenue). In addition, the proposed parking area on the lands on the west side of the channel should be limited to the southern portion of the property to ensure that the development potential for the remainder of the property is maintained. The overall site design has provided for transit routings and stops to help meet the needs of the hospital and encourage alternative transportation. Details of the site design including the landscaping, and parking layout will be finalized with the final site plan agreement. It should be noted that at the 1 July 9 h, 2007 Council Meeting the draft site plan agreement was approved by Council for -53- General July 30, 2007 inclusion in the Request for Proposals for construction of the hospital complex. The final site plan agreement will be forwarded for Council's approval once a proponent has been selected and the site design completed
In accordance with the established procedures, the date for the public meeting is provided in the recommendation and notices for the public meeting have been circulated.
Staff Recommendation
That City Council consider the following recommendation at its meeting of August 27, 2007, subsequent to the public meeting scheduled for that evening regarding this matter:
1. That approval be granted to an amendment to Zoning By-law No. 64-270 (Zone 4) for lands described as Part of Lot 1, Concession 4, municipally known as 1200 Fourth A venue, to permit parking required for the hospital complex to be provided on the same parcel of land as the main hospital complex and on the parcel shown as Area 2 in Appendix 'V' described as Part of Lot 1, Concession 4 designated as Part 1 on Reference Plan 30R-4521 known municipally as 1242 Fourth Avenue as shown in Appendix' V' zoning area plan.
2. And that approval be granted to an amendment to Zoning By-law No. 64-270 (Zone 4) for lands described as Part of Lot 1, Concession 4 designated as Part 1 on Reference Plan 30R-4521 shown as Area 2 in Appendix 'V, municipally known as 1242 Fourth Avenue to add the following provisions for parking:
(i) Parking structures will be subject to the following additional provisions:
Maximum lot coverage 50% Minimum side yard setback 15 metres Minimum rear yard setback 30 metres Maximum building height 10 metres at 10 metres from any property line, 25 metres at 20 metres from any property line, 40 metres at 30 metres or more from any property line. Notwithstanding Section 3.9 and any other provisions ofthis by law, the height restriction shall not apply to mechanical penthouses and elevator enclosures (ii) Surface Parking Parking pods shall be up to a maximum of200 parking spaces. All parking pods shall be separated by a landscaped strip with a minimum width of4 metres. Where there is a pedestrian walkway included in a landscaped strip, the minimum width ofthe landscape strip shall be 6 m
(iii) For surface parking and parking structures the following provisions shall apply:
Minimum Landscape Strip adjacent to westerly lot line 5 metres Minimum Landscape Strip adjacent to easterly lot line 10 metres Minimum Landscaped Open Space 20% -54- General July 30, 2007
Lighting Where lighting facilities are provided, they shall be so arranged as to deflect light away from adjoining properties and roadways and that the City Solicitor be directed to prepare the necessary by-law to give effect to Council's decision; and that the Notice of Decision required by the Planning Act, R.S.O. 1990, c.P.l3, as amended, be processed by the City Clerk; and that upon expiration of the appeal period, the City Clerk be directed to forward an application to the Ontario Municipal Board for approval ofthe proposed zoning by-law if any appeals are received; and further, that Donald F. May, 3310 South Service Road, Suite 205, Burlington ON L7N 3M6 be so advised.
RECOMMENDATION:
That the report from the Planning Services Department dated July 23, 2007 regarding the proposal to amend Zoning By-law 64-270, (Zone 4) for lands known as 1200 and 1242 Fourth A venue, be referred to City Council for consideration after the public meeting scheduled for August 27, 2007. FORTHWITH.
MOVED BY COUNCILLOR ELLIOTT:
That the recommendation contained in the report from the Planning· Services Department, Item Number 440 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEM NO. 441 Report from Legal Services, Dated July 25, 2007 Re: Assignment of Streetlighting Service Contract from St. Catharines Hydro Generation Inc. to Horizon Energy Solutions Inc. File: 68.81.99
On March 19, 2007, General Committee authorized entering into a streetlighting maintenance agreement with St. Catharines Hydro Generation Inc. for the purposes of operating and maintaining all of the City's street lights. St. Catharines Hydro Generation Inc., for purposes of efficiencies, has requested that the contract be assigned to Horizon Energy Solutions Inc. Therefore, pursuant to the provisions of the agreement consent is required prior to the assignment taking place. The terms and conditions of the agreement entered into between St. Catharines Hydro Generation Inc. and The Corporation ofthe City of St. Catharines will continue to be in force.
RECOMMENDATION:
That the City of St. Catharines consent to the assignment of the streetlighting maintenance agreement from St. Catharines Hydro Generation Inc. to Horizon Energy Solutions Inc.; -55- General July 30, 2007 and that the City Solicitor be directed to prepare the necessary by-law and documents. FORTHWITH
MOVED BY COUNCILLOR GILL:
That the recommendation contained in the report from Legal Services, Item Number 441 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEM NO. 442 Report from the Transportation and Environmental Services Department, Dated July 26, 2007, Re: Project Number P06-211 - Municipal Services Improvements - Meadowvale I Gladman QEW Widening related City Improvements Construction Update and Capital Budget Amendments File: 18.20.192
As Council is aware, MTO has initiated the widening of the QEW from Seventh Street to the Garden City Skyway. There are several City related works which have been included in the MTO construction tender and which will be the subject of a legal agreement between the City and MTO. A future staff report will present that Legal Agreement for Cost Sharing to Council. The 2007 Capital budget includes initial funding of the City's share of costs.
In December 2006 Council awarded construction contract P06-211 Municipal Services Improvements (MSI) - Meadowvale I Gladman to Peters Excavating Inc. The contract included installation of the City watermains and sanitary sewers and the relocation of a Region of Niagara trunk sanitary sewer along Meadowvale Drive from Ontario Street to Lake Street, and on Gladman A venue. Additional watermain works on Henley Drive from Ontario Street to Gladman Avenue and on Gladman Avenue were added to the contract at existing unit prices following 2007 Capital Budget approval. The installation of the underground works is substantially complete. Restoration of all areas except Meadowvale Drive between Ontario Street and approximately 280m west of Lake Street (Toy's-R-Us Entrance) should be completed very shortly. Restoration ofMeadowvale Drive from Ontario Street to approx. 280m west of Lake Street (Toy's-R-Us entrance) has been delayed due to unexpected conditions.
Originally, only trench repairs in the north half of the Meadowvale Drive were anticipated and included in contract P06-211, with the south half of the road remaining untouched. Due to the extent of the construction, the poor existing road base and soil conditions, the required road reinstatement is much more extensive and, consequently, all of the existing asphalt on Meadowvale Drive has been removed.
During the construction that was carried out earlier this year as part·ofProject P06-211, Canada Post requested that the City install sidewalks on the north side of Meadowvale Drive due to safety concerns for their staff during residential mail delivery. In addition, several residents have also inquired about future sidewalks.
As part of the QEW widening contract, the City had requested from the MTO that the design for Meadowvale Drive include minor road widening and drainage improvements to allow for a proposed sidewalk on the west and south sides of Meadowvale Drive from Ontario Street to Scott Street and on the north side of Meadowvale Drive from Scott ·street to Lake Street. Although it would be more desirable to have sidewalks on the north side for the entire length as -56- General July 30, 2007 all properties abutting the road are on the north side, it was felt that incorporating the new sidewalk on the south side for a portion of Meadowvale Drive would have been more cost effective and would have better coordinated with the proposed MTO works, which include the installation of a concrete barrier and noise wall along this section ofMeadowvale Drive. Again, the underlying assumption was that the existing asphalt pavement on Meadowvale Drive would have remained. The MTO work along Meadowvale Drive is scheduled to take place in 2009. A typical cross-section of the originally proposed work is included as Appendix "W".
Given the extent of the road reinstatement that is currently required on Meadowvale Drive, staff felt it necessary to re-evaluate the scope and timing of the construction presently included, both as part of Project P06-211 and as part of the MTO's QEW Widening Project. Rather than replace what had existed originally, the opportunity now exists to irpprove the alignment of the road, the location of future sidewalks, the ditch drainage system and the driveway grades. The other aspect to be considered involves determining how and when the additional works are undertaken- the works could either be included as part of Project P06-211, included under a new City project or added to the proposed works that were to be constructed as part of the MTO's QEW Widening Project.
The design investigation has been completed and a preferred, revised roadway alignment is feasible. The revised roadway includes an 8.5m wide asphalt pavement, with curbs on both sides, sidewalks on the north side and elimination of the roadside ditches. A majority of the roadside ditches on the north side can be eliminated by lowering the road elevation and installing boulevard catch basins with swales draining into new storm sewers. For 2007, staff recommends that we proceed with the installation of storm sewers, an upgrade of the existing road granular base to suit a future 8.5m wide road, placement of 6.5m wide base coarse asphalt, and curb and sidewalks on the north side (only). A future south curb, widening of asphalt to 8.5m wide and surface course asphalt (full width) should remain in the MTO construction contract (anticipated to occur in 2009) to coordinate with their proposed works along Meadowvale Drive, which includes the installation of a concrete barrier and noise wall. A revised typical cross-section of the proposed work is included as Appendix "X" and interim 2007 construction is included as Appendix "Y".
Due to the overlapping construction contracts, four options exist for the works to proceed.
• Option 1. 2007 construction be added into Contract P0~-211 Meadowvale I Gladman, with Peters Excavating Inc. Peters Excavating Inc. has indicated a willingness to undertake the construction immediately and have provided preliminary quotations for the additional works. A reduced scope of 2009 construction remains in the MTO construction contract. • Option 2. Trench restoration is deleted from P06-211 Meadowvale I Gladman. A new construction tender is called as soon as possible for the 2007 construction. A reduced scope of 2009 construction remains in the MTO construction contract. • Option 3. Trench restoration (essentially, the entire road width) is carried out by Peters Excavating in 2007 along the revised alignment. MTO is approached to increase the scope of their works to accommodate the revised design. The new pavement would be removed as part of the MTO' s work in 2009. • Option 4. Trench restoration (essentially, the entire road width) is carried out by Peters Excavating in 2007 along the original alignment. MTO is approached to increase the scope of their work to upgrade the remaining substandard road base in addition to previously tendered construction.
The chart, in Appendix "Z" details the advantages and disadvantages of each option along with preliminary cost estimates. Staff feels that proceeding with Option 1 at this point is the preferred approach. The contractor has offered to extend their unit prices where applicable and has offered what staff feel is appropriate pricing for the extra work that has been included. Tendering for this additional work at this point in the construction season would not guarantee better pricing and would delay the completion of the project. Including the additional work as part of the MTO's QEW contract would also not guarantee better pricing and ':"ill result in the loss of any reinstatement work carried out at this time. -57- General July 30, 2007
Option 4 represents the lowest estimated cost; however it requires a modification to the existing proposed work under the MTO contract. The estimated costs are difficult to quantify at this time since the work will not be done until2009. It will also result in the sidewalk remaining on the south side of Meadowvale Drive and all the existing ditches remaining on the north side.
The estimated additional cost in order to provide an upgraded road, the elimination of most road side ditches and the relocation of new sidewalks to the north side of the road is $310,000.
The City Treasurer has confirmed funding for the 2007 construction is available in the 2007 Capital Budget- QEW Widening - Infrastructure Redevelopment Program and the 2007 New Sidewalk Program.
Also included in the estimated total cost of $1,540,000 is an additional estimated amount of $102,000 for engineering and testing costs.
RECOMMENDATION:
That approval is granted to proceed with a revised roadway design for Meadowvale Drive between Ontario Street and approximate 280m west of Lake Street; and that the additional work be included as part of Project P06-211 -Municipal Services Improvements- Meadowvale I Gladman at a total estimated cost of$1,122,000; FORTHWITH.
MOVED BY COUNCILLOR WILLIAMSON:
That the recommendation contained in the report from the Transportation and Environmental Services Department, Item Number 442 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEMN0.443 Report from the Mayor's Office Dated July 30, 2007 Re: Honouring Walter Ostanek File: 10.3.99
Background
Walter Ostanek was born in 1935 in Duparquet, Quebec. Despite this, his name has become synonymous with St. Catharines. For six decades, Mr. Ostanek has called the "Garden City" home, bringing it international attention as his popularity as Canada's Polka King grew. He has been nominated 13 times by the National Association of Recording Arts and Sciences and has been awarded three Grammys.
Current Situation
1 This year marks the 50 h anniversary of the Walter Ostanek Band, which made its debut in Niagara Falls' German Village in January1957. In the following ye~s Mr. Ostanek recorded over 60 albums and hosted his own variety show, Polka Party, in addition to songwriting and hosting a weekly radio show. -58- General July 30, 2007
It has been suggested by many residents and fans of Mr. Ostanek's that this year would be a good time to recognize him for his work with an appropriate gesture.
Through consultation with Mr. Ostanek, his family and City staff a suggestion was made to name the pavilion at Montebello Park in his honour. Currently the pavilion is unnamed. The estimated the costs for this would be $5,000
Next Steps
Niagara Grape and Wine Festival organizers have indicated the presentation can be done during festivities on the first Sunday of the Montebello Park event (Sept. 23.) It was felt this is date would not conflict with other special events taking place in the park, but at the same time the ceremony will benefit from the high-profile nature of the event.
The festival will take a lead role in organizing the event while city staff will work to ensure appropriate plaque installation takes place.
RECOMMENDATION:
That Council support naming the Montebello Park Pavilion in Walter Ostanek's name; and that report from the Mayor's Office "Honouring Walter Ostanek" be received for information. FORTHWITH
MOVED BY COUNCILLOR KUSHNER:
That the recommendation contained in the report from the Mayor's Office, Item Number 443 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH.
ITEMN0.444 Report from the Corporate Support Services Department, Dated July 5, 2007 Re: Correspondence List for the Mayor and Members of Council File: 10.12.13
The Corporate Support Services Department has submitted for the approval of Council, a Correspondence List comprised of various communications. (See Appendix "AA".)
RECOMMENDATION:
That the Correspondence List for the Mayor and Members of Coun<;:il, dated July 30, 2007, be approved. FORTHWITH
MOVED BY COUNCILLOR SECORD:
That the recommendation contained in the report from the Corporate Support Services Department, Item Number 444 of the General Committee Minutes, July 30, 2007, be approved.
CARRIED FORTHWITH. -59- General July 30, 2007
ITEM NO. 445 Boards/Commissions/Standing Committees of Council File: 35.60.99
Councillor Kushner and Councillor Secord gave verbal reports respecting the Chief Administrative Officer Search Committee, and the St. Catharines Museum Board.
MOVED BY COUNCILLOR DODGE:
That the verbal reports from Councillor Kushner and Councillor Secord, be received.
CARRIED FORTHWITH.
ITEM NO. 446 Discussion Re: Brock University Student Initiative "Project Badger" Files: 35.60.45, 68.81.22
MOVED BY COUNCILLOR KUSHNER:
That Council approve in principle the student initiative "project badger" which involves university students patrolling student housing neighbourhoods and reporting property standard violations to the tenants, property owners, and if necessary, city staff; and that Staff be directed to meet with the Student Union representatives to discuss the details of the project.
CARRIED FORTHWITH.
ITEMN0.447 Suspension of Council's 11:00 p.m. Curfew File: 10.12.1
MOVED BY COUNCILLOR PHILLIPS:
That Council's 11:00 p.m. curfew be extended for fifteen minutes ..
CARRIED FORTHWITH. -60- General July 30, 2007
ITEMN0.448 Appointment of Councillor Burch to Delegation at AMO Conference File: 10.10.3
MOVED BY COUNCILLOR ELLIOTT:
That City Council supports the participation of Councillor Burch in the delegation of Canals Corridor Municipalities to the National Historic Sites and Monuments Board during the AMO Conference in Ottawa August 19-22,2007.
CARRIED FORTHWITH.
ITEMN0.449 Discussion Re: Possible Lead Contamination on Site of Gun Club File: 68.81.5, 35.31.61
MOVED BY COUNCILLOR BURCH:
That Staff be directed to report on lead contamination in the land and water on the property on Glendale A venue and Government Road, used as a firing range by a local gun club.
CARRIED FORTHWITH.
ITEM NO. 450 Discussion Re: Parking Lot at Lakeside Park File: 68.31.114
MOVED BY COUNCILLOR STACK:
That Staff be directed to report on the possibility of metered or a flat rate charged for parking in the lot at Lakeside Park.
CARRIED FORTHWITH. - 61 - General July 30, 2007
ITEM NO. 451 Suspension of Council's 11:00 p.m. Curfew File: 10.12.1
MOVED BY COUNCILLOR FOSS:
That the curfew be extended for and additional fifteen minutes.
CARRIED FORTHWITH.
ITEMN0.452 Discussion Re: Emergency Access Adjacent 313 Carlton Street File: 16.19.99
MOVED BY COUNCILLOR W ASHUTA:
That Staff be directed to report on the restriction of pedestrian traffic through the emergency access adjacent 313 Carlton Street.
CARRIED FORTHWITH.
General Committee recessed at eleven-twenty o'clock p.m. and City Council resumed session at eleven twenty-one o'clock p.m. City Council adjourned at eleven twenty-four o'clock p.m. and General Committee resumed session at eleven twenty-five o'clock p.m.
ITEM NO. 453 IN CAMERA SESSION File: 10.12.1
MOVED BY COUNCILLOR BURCH:
Be It Resolved that the meeting of the General Committee be adjourned to "In Camera" session for the purpose of discussion of the following (IN CAMERA) items: Report from the Financial Management Services Department, Re: Property Matter- Potential Property Acquisition, Realty File No. 06-38; and Report from Financial Management Services Department Re: Property Matter- Lease Agreement, Realty File No. 05-36.
CARRIED FORTHWITH.
General Committee recessed from open session at eleven twenty-five o'clock p.m. and resumed session In Camera at eleven twenty-six o'clock p.m. -62- General July 30, 2007
ITEMN0.454 Consideration of Report from the Financial Management Services Department, Re: Property Matter - Potential Property Acquisition, Realty File No. 06-38 File: 16.7.30 (07-64) (IN CAMERA)
The General Committee gave consideration to the above-noted report dated July 20, 2007.
MOVED BY COUNCILLOR WILLIAMSON:
That the staff recommendation contained in the report from the Financial Management Services Department, dated July 20, 2007, regarding a Property Matter- Potential Property Acquisition, be approved.
CARRIED FORTHWITH.
ITEM NO. 455 Consideration of Report from the Financial Management Services Department, Re: Property Matter - Lease Agreement, Realty File No. 05-36 File: 16.19.99 (07-65) (IN CAMERA)
The General Committee gave consideration to the above-noted report dated July 23, 2007. MOVED BY COUNCILLOR GILL:
That Council's curfew be extended for an additional fifteen minutes.
CARRIED FORTHWITH.
It was then,
MOVED BY COUNCILLOR WILLIAMSON:
That the staff recommendation contained in the report from the Financial Management Services Department, dated July 23, 2007, regarding a Property Matter- Lease Agreement, be approved.
CARRIED FORTHWITH.
There being no further business, the meeting adjourned at eleven forty-five o'clock p.m.
Certified Correct: Confirmed By:
Committee Secretary Mayor ·,'-. i OLD CANALBANK ESTATES < r--- I ') !7 4 •. I -./.::"i ""'v ENTIAL 1 · I l I II LlI p I ) I I I OLD CANAL l .• I 'I BANK ESTATES . ____j ' J i , DlUI!T PLAN OF SUBDIVISION lEGAl DESCRIPTION
PART LOT .880, CORPORATION PUH No. 6 AND PART OF LOT 13, CONCESSIOH8, TOWNSHIPOF GfWmW.I K CITY OF ST. CATHARINES REGIONAl MUNICIPAliTY OF NIAGARA
OWNER'S.CERTIFICA~
BDIG Tl£ R£QSTtA£D OWMER.I t£RDrr AlJ1HCIRIZEtA'ER ~ COHS\ILTANTSTO PREPARE1m SU8'Q1' THIS OIWl PUH OF ::r: SliiOMSIOH TO Tt£ art' Of' SJ.CATHARIHES I 0 - PliDIER -~~CROUP;;;;';N:.~---::OOE=- ::r: ~ SURVEYOR'SCERTIFICATE
I HEREB'1'C£RnfY THAT1Ht 80Utcl)I.R£S OF ~ ll£ LANDS TO BE SUSOMDEDAA£. i=oAR£cny
...-_.a_ ...... _, JANUAR'( 23, 2007 'IIU.IMI UA5COE OJ..S. ---..,.- 0m*"' REQUIREMENTSOF SECTION 51( 17) OF THE PlANNING ACT
:l~ ~ f~:f :W: ~l~~s ClAY e SEE PLAN g SEE PLAN k) FULL SEfMCE d RESIDENTIAL h WUMCIPAI.WATER I) SEE PlAN I 9 I LNm USE I LOT. -' iiOiOiiQS--- il ~ =2113
~I 10 i: I
I TOTAL 1-0?Sllloo.D DENSITY 15.76 Units...... N &4"2S'JO'" £ ~ r:·,---_ -:-- -==r-:11 VACANT f_.,-_.,.,__ ..... _.:..__l __ ll ~ UPPERCANADA 1:: ~ ,_ RECEIVED CONSULTANTSil;.'tt."'--....., ENGWE£RS/PI..ANNERS ~~ ~ ...... , FEB 0 8 2007 DRAWINGmt£: a.v. .\ OLD CANAL OA'!L" JANI.JARY23, 2007 1:250 PU(HNINGSl:Hli!CES BANK ESTATES """ ~ ST. CATHARINE ONTARIO \I -~ OEPARTI\UiNT DRAFT PLAN 0667-DP I 0 OLD CANALBANK ESTATES
R e..vise.d. J'-'--"'-~.;z_q :2oo1 ao 1
') I _Jp 4~; "'--.~EXIST/NC OLD CANAL BANK ESTATES . ! I DRAFI' PLAN OF SUBDIVISION ' I ~/-~ z:.n:U LEGAL DESCRIPTION PART lOT 860, CORPOAATIONPLAN No. 6 . 5~~= AND PART or LOT I J, CONCESSION8, TOWNSHtP GRANTHAM ~::~ or "o.o.pjJ I CITY OF ST. CATHARINES ;333 I ""-. 7 REGIONAL MUNICIPALITY OF NIAGARA OWNER'SCERTIFICATE
BEN:: n£ RroSIERED OWNER.I t£R£8'f AIJTHORIZE'UPPER ~ COHSULTAHTSTO PIIEF'N!ENCI SUBioiTMS OfWl PlAN OF' J SlAIOMSIOH sr.CUH.Mt~NtS I ro-n£ em or I §t I I 8 ::r: --~...... "" ""' SURVEYOR'SCERTIFICATE f I IHERE9'fCERTFYTHAl'THEBOt.ltCARIESOf .I~I II STREET I 9 ~J I ~\/'l I rr ;j~, /// ___,.~ ~~I I '- ,3~ I 10 , ' "' " {) . I I I 11 I I
...... / 1.01'1 11110.0 -- __,...,./ TOTAl Sill 16.682 tlftl1s 12.198m "''_~ iiOOiY N 64"2!30" E 98.069m N 64"25'30" E ~.. 49~ ~ N62"~ ,~, - t:tJ VACANT 1.1 .....,._ -1 II ~ BLOCK"J9 UPPERCANADA 1:.l to'""* .... O.Jm RESERVE CONSULTANTSl}.'lr."'""- CNGfNrERS/PlANNE:Rs r.:-1=~~
ORA.wttGTITl£: 01W1N1m B.V. _,,. .JUNE 29, 2007 OLD CANAL 1:0!50 ST. CATHARINE~ ONTARI BANK ESTATES < DRAFT PLAN 0667-DP I 0 ~ SUBJECT LANDS KNOWN AS 61 MOFFATT STREET FILE 60 .35 .913 60.46.358
L _j APPENDIX " " D CONDITIONS OF DRAFT PLAN OF SUBDIVISION APPROVAL OLD CANAL BANK ESTATES FILE NO. 60.46.358 SUBMISSION NO. 26T-10-07002
General Approval
1. That this approval applies to the Draft Plan of Subdivision dated June 29, 2007, being Part Lot 880, Corporation Plan No.6 and Part of Lot 13, Concession 8, Township of Grantham, now in the City of St. Catharines, known municipally as 59, 591/2 and 61 Moffatt Street, prepared by William A. Mascoe, Ontario Land Surveyor dated January 23 2007, and showing 18 lots for single detached dwellings, one block for a 0.3 metre reserve, and a public road (Street A).
Subdivision Agreement
2. That the owner enter into one or more agreements with the City of St. Catharines agreeing to satisfy all requirements, financial or otherwise, as the City of St. Catharines may consider necessary, including the provision of municipal services, roads, sidewalks, fencing, landscaping, street tree planting, grading, drainage, and all other matters pertaining to the development ofthe site. (City ofSt. Catharines)
Registration of Subdivision Agreement
3. That the subdivision agreement between the owner and the City of St. Catharines be registered by the municipality against the lands to which it applies as provided for under the Planning Act. (City ofSt. Catharines)
Easements
4. That all easements required for water, sanitary sewers, utilities and drainage purposes be granted by the owner to the appropriate authority. (City ofSt. Catharines)
Servicing Design
5. That the detailed design drawings for the watermain, sanitary sewer and storm sewer facilities to service this development be submitted to the Regional Public Works Department for review and approval under the MOE's Transfer of Review Program. (Regional Public Works)
Stormwater
6. That Ministry of Environment Certificates of Approval be obtained for the servicing (water, sanitary sewer and storm water management) for this development prior to final approval for registration, if necessary. (Regional Public Works)
7. That prior to final approval the owner shall submit to the Ministry of Transportation, for their review and approval, a stormwater management plan and report indicating the intended treatment of calculated runoff and the impacts of drainage on the Highway 406 right-of-way. (Ministry ofTransportation) 8. That the subdivision agreement include a clause that requires, prior to the issuance of a building permit, that adequate mitigation measures to prevent sewer backups and basement flooding be addressed, to the satisfaction of the City Engineer. (City ofSt. Catharines)
9. Should the storm water management plan outlet to the old Weiland Canal, the Ministry of Natural Resources or its designate, the Niagara Peninsula Conservation Authority shall review and approve the stormwater management plan with respect to potential impact on fish habitat.
5% for Parks
10. That the owner pay an amount equal to 5% ofthe value ofthe subject lands in lieu of parkland dedication in accordance with the Planning Act, and that the owner submit a report prepared by a qualified real estate appraiser to establish this amount. (City ofSt. Catharines)
Waste Collection
11. That the owner comply with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Public Works Department. (Regional Niagara Public Works)
Zoning
12. That prior to approval of the final plan, the lands within the draft plan be zoned in accordance with their intended use, pursuant to the provisions of the Planning Act. (City ofSt. Catharines)
Comer Lot
13. The subdivision agreement shall include a clause ensuring a desirable streetscape is maintained along Moffatt Street, including but not limited to special landscaping and fencing treatment for Lot 18. (City ofSt. Catharines) Noise Study
14. a. That the owner complete a noise study to address impacts from Highway 406 and any other sources of noise in the vicinity, completed by a qualified professional to the satisfaction of the Municipality and the Regional Planning Department (review agency on behalf of the Ministry of the Environment), to determine noise levels and to recommend mitigation and abatement measures required to meet acceptable levels as set by the Ministry of the Environment (see note 3). (City ofSt. Catharines, Regional Planning Department)
b. That the subdivision agreement include clauses requiring the implementation and long term maintenance of abatement and mitigation measures recommended in the noise study. (City ofSt. Catharines, Regional Planning Department) CN
15. The subdivision agreement include a clause registered on title for each lot and to remain on title following the completion ofthe obligations of the subdivision agreement, advising of the following:
"Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." (CN)
Public Road
16. That the final design of the public road (Street 'A'), including on street parking, lighting, temporary turning circle, parking restrictions, among other matters be to the satisfaction of the Director of Transportation and Environmental Services. (City ofSt. Catharines)
Sidewalks
17. That the subdivision agreement require that, in addition to providing sidewalks within the plan of subdivision, a sidewalk shall also be constructed along the west side of Moffatt Street from the entrance to "Street A" northerly to the existing limit of sidewalk on Moffatt Street (from 63 Moffatt Street to approximately 91 Moffatt Street) to the satisfaction of the City Engineer. (City ofSt. Catharines) Landscaping
18. That a Landscape Plan and Schedule, prepared by a qualified Landscape Architect, be provided. The Landscape Plan will: a. include a tree preservation plan which outlines existing trees to be preserved and existing trees to be removed and tree preservation strategies during construction. b. detail all existing and proposed above and below ground utilities and services, as well as all existing and proposed grades. c. indicate street boulevard trees. d. indicate noise attenuation fences or planting buffers. (City ofSt. Catharines) Sprinklering
19. That the subdivision agreement require all dwelling units to be equipped with residential sprinklers in accordance with NFPA 13, and that a warning clause regarding routine maintenance of the sprinkler systems be included in all offers of purchase and be registered on title for each lot, to the satisfaction of Fire Services. (City ofSt. Catharines)
Concurrent Applications to the Committee of Adjustment
20. The concurrent minor variances and severances related to 63 and 65 Moffatt Street have fmal approval prior to registration of the plan. (City ofSt. Catharines) Utilities - Bell Canada
21. That the owner enter into an agreement (Letter of Understanding) with Bell Canada or other comparable utility company complying with any underground servicing conditions imposed by the municipality, and if such conditions are imposed the owner shall advise the municipality of the arrangement for such servicing. (Bell Canada or comparable utility company)
22. The Developer is hereby advised that prior to commencing any work within the Plan, the Developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). (Bell Canada or comparable utility company)
Horizon Utilities Corporation
23. The owner/developer shall retain an Electrical Engineer and contractor to design and install the entire electrical distribution system including the City owned street lighting. The Owner of the lands shall be required to enter into Horizon Utilities Residential Servicing Agreement which outlines matters including financial arrangements required with Horizon. (Horizon Utilities Corporation)
Environmental Site Assessment /Record of Site Condition.
24. That an Environmental Site Assessment be completed by a qualified professional , in accordance with Ministry of Environment standards, and should a Record of Site condition be necessary, it be registered in the Ministry's electronic database in accordance with Ontario Regulation 153/04 provincial guidelines.
Emergency Access Upgrades
25. That the subdivision agreement include a clause that requires, that the developer to upgrade the existing emergency access at the south end of Moffat Street, to maximize its effectiveness as an emergency access route for emergency vehicles, other than fire trucks, (ambulance, police, etc), such upgrades to be considered include, but not necessarily be limited to, grading, clearance of overgrown vegetation, provision of clear sight lines, surface treatment and possible widening. The upgrades shall apply to that portion of the emergency access route extending from the south end of Moffatt Street to the northerly limit of the CN right-of-way.
Administration
26. That the owner acknowledges promptly to the Regional Planning Department that the draft approval of this subdivision does not include a commitment of servicing allocation be the Regional Municipality of Niagara. Servicing allocation will be assigned instead at the time of final approval of this subdivision for registration purposes, and a similar clause be inserted in the subdivision agreement between the owner and the City of St. Catharines. (Regional Niagara Planning)
27. That immediately following notice of draft plan approval, the owner shall provide the Regional Planning Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this condominium shall contain clearly indicating that a servicing allocation for this condominium will not be assigned until the plan is granted final approval for registration. (Regional Niagara Planning)
28. That if final approval is not given within three years ofthe approval date and no extension has been granted, draft approval shall lapse. If the owner wishes to request an extension to the draft approval period a written explanation with reasons why the extension is required must be received by the City prior to the lapsing date. An updated review and revisions to the conditions of approval may be necessary at that time. (City ofSt. Catharines) Prior to granting approval to the final plan the City of St. Catharines Planning Services Department will require written notification from the following agencies that their respective conditions have been met satisfactorily.
City of St. Catharines for Conditions .2,3,4,8,9,12,13,14a&b,16,17,18,19,20,24, 25, 26 Regional Public Works Department for Conditions ...... 5,6, 11 Regional Niagara Planning Department for Conditions ...... 14a, 14b,26,27 CN Rail...... 15 MT0...... 7 Bell Canada or comparable utility ...... 21,22 Horizon Utilities Corporation ...... 23
Notes:
1 This development is within ministry permit control. Ministry issued building/land use permits are required as per Section 38(2) of the Public Transportation and Highway Improvement Act. Necessary permits must be acquired prior to the commencement of construction. A building/land use permit is required for the site grading, site servicing, and internal road construction operations. Building/land use permits are required for all structures within the permit areas. A Sign permit is required for any signage visible to the 406 right-of-way.
1:\Karen\STAFFRP\61 Moffatt_Draft Approval Conditions2.doc EXCERPT OF THE MINUTES OF THE •••~1;1'\:&1\1\L. • • • • • • • • • COMMITTEE E ST. CATHARINES DATE .J:l11iX .9.,, .2.~01:TEM NO.-~~~. RATIFIED BY COUNCIL .~!.I~~ ,9,,, .~007
ITEMN0.396 Report from Fire Services Dated July 4, 2007 Re: Fire Services Report to Revise Emergency Access Policy Files: 60.46.1, 60. 50.1
COUNCILLOR GILL DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 397 f of the General Committee Minutes, July 9, 2007.
In I987 Council adopted a policy for requirements for emergency access as part of a review of cui-de-sacs and public walkways. In a report dated August 24, 2004, the proposed changes to requirements for emergency access were reviewed by Council and accepted resulting in the following provisions.
Current City Emergency Access Policy
I. For dead end streets (cui de sacs) greater that 270 meters, another road access is necessary.
2. For dead end streets greater than ISO meters but less than 270 meters an emergency access is required.
3. For dead end streets greater that ISO meters and less that 270 meters, and with no emergency access, the maximum length of the dead end street can be extended to I88 meters providing all dwelling units are sprinklered in accordance with National Fire Protection Association NFPA I3.
4. Dead end streets longer than 270 meters shall be reviewed on a case by case if a. The locational context warrants special consideration and . b. All units are sprinklered in accordance with NFPA and c. Additional fire protection measures are implemented.
A staff report of August 24, 2004limited the above noted requirements to condominium developments and to freehold developments that propose to use sprinklers in lieu of emergency access to be reviewed on a case by case basis.
Recommended Revised Emergency Access Policy for Development of Properties
Emergency Fire Department Access
I. For dead end streets less than ISO meters there are no special fire requirements pertaining to the emergency access policy.
2. For all dead end streets greater that ISO meters but less than SOO meters all residential dwelling units shall be sprinklered or an emergency access shall be required.
3. Roadways to be developed to current municipal standards or posted for no parking to allow fire vehicles room to maneuver around obstacles on roadways.
4. Dead end streets in excess ofSOO meters will require approval from the Chief Fire Official who may require additional fire protection measures. EXCERPT OF THE MINUTES OF THE GENERAL ST. CATHARINES • • • • • • • • • • .• • • • • • • • • COM:MI TTEE DATE •.:{l!~ .~ ••• ~ Considerations The intent of the revisions is to enhance the fire safety of all new res dential units constructed on single access streets by developing a policy to address delayed resp nse of fire vehicles to a structure fire. The distance calculation of 150 meters from the point of multiple ac ess roads is based on the current fire fighting capabilities of our first response pump trucks to effectively engage in fire suppression activities up to 150 meters. All residential units beyond 150 meters with residential sprinkler systems are capable of controlling fire spread through the ctivation of the sprinkler suppression system in the event of delayed response due to impeded access. With the advancement of fire truck design capabilities it is expected hat first line fire. trucks will be able to arrive at the scene of a fire. The introduction of residenti sprinkler installation will compensate for a delayed response on single access streets negating the requirement alternate access routes. This revised policy adds an alternative to the requirements for emer ency access and requires a .review of any development with dead end streets in excess of 500 ters in length. The objective in limiting the length of streets in the new policy is to nsure additional fire service consultation for major developments due to the increase density pot ntial. The potential number of reviews required is limited as St. Catharines has limited areas for ew development primarily concentrating on infill projects. The provision to apply the current policy to only condominium dev opments and review each freehold development was originally included in the staff report of ugust 24, 2004 in an attempt to ensure code compliance to maintain installed residential sprinkler systems and safeguard that occupancy changes within a structure adhere to the installation requ rements ofNFPA 13. Further review of this policy has determined that the condominium rovision has effectively discriminated against developers of infill property sites. The Ontario Fire Code }>art 6 applies to all buildings requiring sprinkler systems to be mamtained in operatin condition and repair, replacement and alterations of sprinkler system components shall be in accordance with NFPA, thus allowing fire code enforcement for all sprinkler systems . . History During the 1960's and early 1970's Canada Mortgage and Housing orporation developed a set of guidelines that could be used by municipalities to develop stand s and codes based on sound practices and available technology available at that time. It was fro these guidelines that the City of St. Catharines adopted the requirement for emergency and s condary accesses in 1965. As time progressed codes and standards were developed that allow d for a consistent approach to building construction and site development. It has been found that many municipalities throughout the province ave either amended the emergency or secondary access policy that they had, removed those provisions and in some cases do not apply this standard at all. This would include communities o equal size as St. Catharines such as Burlington which has a large development with one access ext to a rail line, as well as Thorold to our immediate south which has a residential developmen completed in the past couple of years with a street approximately 1.6km long next to highway 58 with one entrance. Also as this was strictly a guideline the municipal council of the day could u timately permit a development that did not meet the guideline ifthey chose fit, or ace pt less than the current standard. EXCERPT OJ!' THE MINUTES OF THE ST. CATHARINES • • .<{~i'!~W, • • • • • • • • • COMMITTEE DATE •.{l!~ .~,, .~QOiTEM NO •• ~~~. RATIFIED BY COUNCIL .J.l.I~~ .~'.. ~007 The requirement for a condominium development was seen as an ea y way to deal with the maintenance of the sprinkler system. At the time it was felt that by aving a condo board that they would oversee the annual inspection and maintenance of the sp · ers, thus helping to ensure the continued operation of these devices, despite the knowle ge that the requirements for maintenance and inspections was minimum and could easily be don by the home owners with basic education. It is possible to· ensure the maintenance and operation of the residen ial sprinkler systems through the requirements of the Ontario Fire Code. Although there could b some question raised onthe enforcement of these codes with respect to sprinklers it can be view d in a similar fashion to that of smoke alarm requirements in residential homes. Further a chang in the distance before the development has to be reviewed on an individual basis, based on ad itional research is supported. This individual review when a development exceeds 500 meters allo s for the municipality to ensure the highest level of protection of the resident, by again allo g for additional safe guards to be put into place if deemed necessary. RECOMMENDATION: .That the proposed Emergency Access as outlined below be approve Emergency Fire Department Access 1. For dead end streets less than 150 meters there are no speci fire requirements pertaining to the emergency access policy. 2. For all dead end streets greater that 150 meters but less tha 500 meters all residential dwelling units shall be sprinklered or an emergen access shall be required. 3. Roadways to be developed to current municipal standards o posted for no parking to allow fire vehicles room to maneuver around obst cles on roadways. 4. Dead end streets in excess of 500 meters will require approv from the Chief Fire Official who may require additional fire protection meas res. FORTHWITH MOVED BY COUNCILLOR BURCH: That the recommendation contained in the report from Fire Services Item Number 396 of the General Committee Minutes, July 9, 2007, be approved. Councillor Williamson asked to be recorded as CONTRA. OLD CANALBANK ESTATES R e.v1se.d. Jv.."-~.;z_q, ioor I PROPOSED ZONING 4~; ) "'" OLD CANAL BANK ESTATES DJW!T PLAN 01!' SUBD/VlSION ~z LEGALDESCRIPTION 6 5 PlrRI' LOT 880, CORF'ORATIONPt.N1 No. 6 ..s~E~ NCOPNtt ,_or Of LQI' 13...... CONCESSION 8. ;iiz!!: 4 CllY OF ST. CATHARINES ;3;~ REGIOHH.NUNICIPAUTY OF NIAGARA OWNER'SCERTIFICATE AREAl tEIC RIE IGmPI£D 0.0. I I£A£B'I' liln« :I: SIIIOMSDI1V'1MEQh'Cif'ST~ ) ...... 1'·. Q :I: ~---; SIJRIIEYI)R'S CERTIFICATE I IC:RlBt C£RI'fY TMUn£ 8DIHWI£S 01 ~ M:lNIIS'fOliESBINIIEJ).IIfiECCIIRtfl.Y ,p.. STREET -~-11(.~ ...... ,.,,.., 0 m. 9 ...... """" ou. REQUIREIAENTSOF· SECTION-51(1D .....' OF THE PLANNINGAc::r SEE... PLANPIN< ~"""""""'5tt PlNI aAY'' SEE PW4 na.t. SEIMCt" aWtiCIPAL WATER SEE PI.J.H "' 10 lAND USE SCHEDULE I AREA I '"'¥"'1"'"'·911~ 15 AREA:- 18 ~\ 2 ...,,_ ' ' ,_ 3 ...... 12.198m N 64"27'JO'" E r1 - r-n VACANT 1.1 ...... __ I II·· ~ BLOCK"l.9 UPPERCAN/IDA ::1 ~.., O.Jm RESERvE CDNSULTANTS1lw~- ~=-==== ~1'1':B.V. Ol3t: .MI[ 29. 2007 OLD CANAL .... ST. CATHARINE~ONTARI BANK ESTATES ~ DRAFTPLAN --0667-DP I 0 •( G -----:-r-·----~-"---.-·---·-··--·--·-~----·--:------~------···· I . .. , H Q.'E:\/1$~ '\3~ .PLA).lf-1\N~ ~VIc..€5 Su1601V•.StaN {(L"N <\ l1, \ 1\ LOT 893 LOT 913 I\, I Pl.AN 59• I \,, \, DR.t..F'T PLAN OF' SUBDIVISION OF' ·.' I \I PART OF' LOTS 881, 1182 AND 8811, r·. ····· ······ .... ··• ····rr--o.--N;._;I.;.>"..,;;;•;.t'..:,:tO:.,"..!,t --....!·~·~·7:!•!•.:-::.;;=:=:;... CORPORATION PLAN No. 6 (1\1 TloiC CITY OF" ST. CATHARINES RECiiDNAl MIJNICI~,.LITY Of' NJAGAiiiA $CALl:• l I 300 ... 4 T . \ co ~ a ~· L A Ill ...e . \ 0 ., '· IECTIOH 51 ( 17 ) , P~ N:T ADDITIONAL INIOIIwAliOII \ ~ ~ ~ ..... -.rf ...... I'UIIf Q ...... CIIWJII.- '< O)_, ...... ,...... ,UIIII 1) ...... ,...... ,~._.._,...... 0) ...... -.r ...... ct LOT ..,I&IIICIM. .... --.1 ...... -.c:u .-....u: . ., ...... ,lUll .. ~ ., Ill 0 BL.OCK 2 ... z ""...II: C/1 BL.OCK ...... , i \_.... ------...... ------· ...1: ...... ••f.I?Z N 1-r~I'H I ..7.Zt1 METRIC NOTE •••'MCU VQfM 11M Tl•la ...__ Me' 101 te:ftiC: -. CoUol N Cllfttntc'. tD a..:•rM. 1"t IIYIII'C rr 0. ..a STREET A "' "' C) C) ' '' C() -· ' ' '' ~ \' ~ ~ 897 \' BL.OCK ~ :l ~ \ .."' 'U) i \ ~ .. \ N i 0:' • I. u \: ~ ~ ~ ~ ~ ~ l.o I -•••7.ao \ N ~ m ··••·~'•• "' i "' \ ~ - ....J,.. ~ ! :I ~ ' ~ ~ z ' .. ·- ... J .,'' ~ • 017 ~ I ::1.'.-t~·l . .,.,;...... \ ~ 17.... , ... \ BL.OCK \, 0 ~ f..... ------C) --- ""T--- 'RECEIVED FEB 0 7 LOT 2007 ------927 I ------PLAMdNG SERVICES I ------DfPA I"OSOUIMJIII.HMf~ FDNn&L. OMMIO 1.a1 tm "" 1-l ..,_,_ '"" ~~ ...om r·-·-·-·-·-~·-·-·-·-·-·-·N'ii""5i·-3r•w--~-----4l1'44'1-·-·-·-·--·--,:z:. I ' . j ...... - I ' j l I ~ ! r·------, I \ I I 1 j ; ! I I ; I 0 c-1> I e;j"'' iI ...... , ~·- ...... -... -- ~~ e !--·------L G iI i i I ! 'i i i i 4-~---'-·\ ~.:i· ~· -4~" E ------··-·-·-·&l I ::r \ )>~ -I -I NEW F (I> -I ~ m -I I I 'I ' ' ' ' ~ ---.-...... __ f·-·-·'""·-·-·-·---1-·-·-·-·--~----·- i i i i !z .:j "' ------:1- - -·------r------+ ~ __ ~iel ---- -/-~L ------r-----l 81 ---&~------r------+ gj i . ---- .. :::+------~ I ~· ! I -- --1 ----..; ' i I .. j --r-1 ·-·-·-·-·-~·.;...~:gJ:__:::;;;_ ____ .,~, "'"" ~·l'i''' : '- ' ill N .,. 16' E .... -'-1!4L-.. • - --- -•ll.1U..------!;;::..... (l'tAN•.W:U:.) 1,.,: N ll' 58' W ------1!!.~1 ~~-=----;: ----!-~_) IL j .. ~ ~~~ -·- -·-- -·-·- ______j ______ r-..J '"·'U ( ,_ - • MOfTAT STAEE1 TOWNHOUSE DEVElOPMENT WOf'F'AT STREET ST CA'TliMIMES, DNTNIIO SITE PLAN AND BUilDING ENVElOPE I I MOFFAT STREET ESTATES Co LOT 893 q,· LOT 913 ~LAN 584 '' cJ ' DRAI'T PLAN Of" SUBDIVISION OF' \ PARi!" Of" LOTS 891, 892 AND 899, CORPORATION PLAN No. 6 ( TOliN OF" WE:IfJUTTON ) r------IN THE: CITY OF' ST. CATHARINES REGIONAL MUNICIPALITV Qr;" NIAGARA SCALE• I 300 . ~,... " N 31" 67' 25" W ' ~.., 22.858 P L A~ 30R-11987 '0"' "'g it \~ ~ SECTION 51 17 ) , PLANNING ACT ~ ADDITIONAL INFORMATION I ' .1.) A$ SHOWN ON OfW'I' l'lAIII ' ~ "' I)U~OIIDIWTI'UN ' ... G:l C) AI 50111 OllbMn 'I,.UI ' <.> O}StfCILf'.tJral.T~lOTI ' "'::::.. ~ [)AISHC*tON!IIIWT'l.AII' ' "' 0: r)~D«MNONDIW'II'lAN ' "'., G) AI SltCMII ON Milti"'...IN ct LOT "' ") UUMCPAL WAJlJt MUiif '' ' { .1)'""' ~ la'CI MUll.! ' r)oi6SHCIIH 1)111 OIWT lUll '' ' '"' ' ~ SURVEYOR'S CERTIFICATE ' I 14(1[1'1' t£•rlrY "nVt.T TIC ~.._ll'& OF fl-It L "' 0) "' N 6.5"36'.56" E 0) _J ctJ f-1 \ ' ~ '' ' ~ ' '' 897 ~ ' ' ~ ;:::- J 0 R - I I ~ f-1 .. ' .. '' : U) ' i.., .. ' I ' 12 0: \ ~ ti ' ~ ' " ~ '\ ~ ~ >. I, .. ~ I ;;; ~ "' ~ ~ \I ::; ~ >. \ ~ \!, .. \.l ~ i \- \ BLOCK 2 '' 'I ---- ~- I~ l.. -lc==~~~~-----1 I - N 70' 141' JO" E I.INC RECFIVED ~ \I 7e.zs, --- ,j) ' --- z y ~ FEB 0 7 2007 _J Q. f---- LOT ------:...... _ 927 ~> ~.hiitmi!G SERVICES I --- I ------£1EPltRTMENT ~IAIIO IMiO a.'ii:YOI IUO SOUlH PElHAw STR£ET FON'IHILL, ONTARIO LOS 1[0 JEI.: (90.5) 892-18•11 f"A.lC~ (80!) 892-8722 fiLE NO: 07-806 JOB WO: 888F ~ ' J APPENDIX " " CONDITIONS OF DRAFf APPROVAL MOFFATf STREET ESTATES PLAN OF SUBDIVISION FILE NO. 60.46.357 SUBMISSION NO. 26T-10-07001 General Approval 1. That this approval applies to the Draft Plan of Subdivision, being Part of Lots 891, 892 and 899 Corporation Plan No. 6 in the City of St. C~es, kno.wn municipally as 143 Moffatt Street, prepared by P.S. S~ Surveymg Ontario Land Surveyor dated February 1, 2007, as revised by Planning Services~ July 19, 2007 showing Blocks 1, 2, 3 and 4 for approximately 44 street townhouse dwellings, and 1 semi-detached dwelling, and 2 new public streets. Subdivision Agreement 2. That the owner enter into one or more agreements with the City of St. Catharines agreeing to satisfy all requirements, financial or otherwise, as the City of St. Catbarines may consider necessary, including the provision of municipal services, roads, sidewalks, fencing, landscaping, street tree planting, grading, drainage, and all other matters pertaining to the development of the site. (City ofSt. Catharines) 3. That area residents be consulted as part of the subdivision agreement process. (City ofSt. Catharines) Registration of Subdivision Agreement 4. That the subdivision agreement between the owner and the City of St. Catharines be registered by the municipality against the lands to which it applies as provided for under the Planning Act. (City ofSt. Catharines) Easements ' 5. That all easements required for water, sanitary sewers, utilities and drainage purposes be granted by the owner to the appropriate authority. (City ofSt. Catharines) Servicing Design 6. That the detailed design drawings for the watermain, sanitary sewer and storm sewer facilities to service this development be submitted to the Regional Public Works Department for review and approval under the MOE's Transfer of Review Program, and that Ministry of Environment Certificates of Approval be obtained for the servicing of this development prior to final approval. (Regional Niagara Public Works) Stormwater 7. That Ministry of the Environment Certificate of Approval be obtained for the servicing (water, sanitary sewer and stormwater drainage) for this development prior to final approval for registration, ifnecessary. (Regional Niagara Public Works) 8. That prior to final approval the owner shall submit to the Ministry of Transportation, for their review and approval, a stormwater management plan and report indicating the intended treatment of calculated runoff and the impacts of drainage on the Highway 406 right of way. (Ministry ofTransportation) 9. That the subdivision agreement include requirements for construction methods to protect existing and proposed dwellings from basement flooding during severe storm events. (City ofSt. Catharines) · .. ' ~ 2 5°/o for Parks 10. 1bat the owner pay an amount equal to 5% of the value ofthe subject lands in lieu of parkland dedication in accordance with the Planning Act, and that the owner submit a report prepared by a qualified real estate appraiser to establish this amount. (City ofSt. Catharines) Dedication of Land 11. That the proposed streets (Street "A" and "B") be dedicated a public road and named to the satisfaction ofthe City of St. Catharines. (City ofSt. Catharines) 12. That the Owner deed a 0.3m (1 foot) lot reserve at the southerly terminus of Street 'A' to the City of St. Catharines free and clear of any mortgages, liens or encumbrances to preclude access to the lands to the south. (City ofSt. Catharines) Waste CoUeetion 13. That the owner comply with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Public Works Department. (Regional Niagara Public Works) Zoning 14. That prior to approval of the final plan, the lands withi.Ii the draft plan be zoned in accordance with their intended use, pursuant to the provisions of the Planning Act. (City ofSt. Catharines) Noise Study 15. That the owner submit a detailed noise study conducted by a qualified professional engineer, to the Regional Planning and Development Department for review and approval assessing the impact of highway noise on the subdivision and recommending appropriate measures to reduce noise in the subdivision and advising of noise conditions within the development in accordance with the Ministry of the Environment's noise criteria (Regional Niagara Planning) Arehaeological Assessment 16. That an archaeological assessment be conducted by a licensed archaeologist and adverse impacts to any significant archaeological resources found on the site be mitigated through preservation or resource removal and documentation. No grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture, through the Regional Planning Department confirmation that all archaeological resource concerns have met licensing and reso\lfce conservation requirements. A copy of the archaeological report is to be submitted to the Regional Planning and Development Department for information. (Regional Niagara Planning) Subdivision Design 17. That the final design of the internal public right-of-way (Street "A"), including on street parking, lighting, turn around area, road width, parking restrictions, among other matters be to the satisfaction of the Director of Transportation and Environmental Services. (City ofSt. Catharines) 18. 1bat sidewalks be constructed along Street 'A' and along Moffatt Street to the satisfaction of the City Engineer. (City ofSt. Catharines) 19. The Owner, submit elevation plans for all dwellings with particular sensitivity to strong urban design elements and a sensitivity to the context of Moffatt Street. {City ofSt. Catharines) '":. I .,. 3 20. That a street planting plan and schedule prepared by a registered Landscape Architect for the review and approval of the City of St. Catbarines (City ofSt. Catharines) Temporary Access 21. That the subdivision agreement include a clause requiring the Owner to provide adequate access to an existing triplex on abutting lands located at 149 Moffatt Street outside of the limits of the plan of subdivision until such time as the roads within the plan of subdivision are complete. (City ofSt. Catharines) Temporary Turning Circle 22. That a temporary turning circle be provided at the southerly end of Street 'A'. (City ofSt. Catharines) Emergency Access 23. That the subdivision agreement include clauses to ensure adequate emergency services as follows: i) all units be sprinklered in accordance with NFPA 13 ii) that 2 hour fire separation be constructed every 2 dwelling units, for townhouse units (City ofSt. Catharines) Utilities 24. That the owner enter into an agreement (Letter of Understanding) with Bell Canada or other comparable utility company complying with any underground servicing conditions imposed by the municipality, and if such conditions are imposed the owner shall advise the municipality of the arrangements for such servicing. (Bell Canada or comparable utility company) Horizon Utilities Corporation 25. The owner/developer shall retain an Electrical Engineer and contractor to design and install the entire electrical distribution system including the City owned street lighting. The Owner of the lands shall be required to enter into Horizon Utilities Residential Servicing Agreement which outlines matters including financial I arrangements required with Horizon. (Horizon f!tilities Corporation) Administration 26. That the owner acknowledges promptly to the Regional Planning Department that the draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara. Servicing allocation will be assigned instead at the time of final approval of this subdivision for registration purposes, and a similar clause be inserted in the subdivision agreement between the owner and the City of St. Catbarines. (Regional Niagara Planning) 27. That immediately following notice of draft plan approval, the owner shall provide the Regional Planning Department with a written undertaking that all offers and agreements of pmchase and sale which may be negotiated prior to registration of this subdivision shall contain clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration. (Regional Niagara Planning) 28. 1bat if final approval is not given within three years of the approval date and no extension has been granted draft approval shall lapse. Ifthe owner wishes to request an extension to the draft approval period, a written explanation with reasons why the extension is required must be received by the City prior to the lapsing date. An updated review and revisions to the conditions of approval may be necessary at that time. (City ofSt. Catharines) . t 4 Prior to granting approval to the final plan the City of St. Catharines Planning Services Department will require written notification from the following agencies that their respective conditions have been met satisfactorily. City of St. Catharines for Conditions ...... 2, 3, 4, 5, 9, 10, 12, 14, 17, 18, 19, 20, 21, 22, 23, 28 Regional Niagara Public Works Department for Conditions ...... 6, 7, 13 Regional Niagara Planning Department for Conditions ...... 15, 16, 26,27 Ministry ofTransportation ...... 8 Bell Canada or comparable utility ...... 24 Horizon Utilities Corporation...... 25 Notes to Draft Approval I' 1) Should the Old Weiland Canal be required as a storm outlet, the Ministry of Natural Resources (MNR) will review and approve the storm water management plan relating to impact on fish habitat. • 1:\Karen\STAFFRP\Draft Plan Conditionsl43Moffiltt_MoffiUt Street Estates2.doc K ~1\NNJ.V"t ~IC$ --···-·- 7-a n,. n · lt:.l/J. MOFFAT STREET ESTATES ~oto.se.:o :toN5 Al?e"AS • I LOT 893 cl Dlt4n I'I.AN OP" .UIIDIVISlOH" OP" ""''"' or LOTS •• ,, ••a AND ••• ,...,.,COiti'Oit.\ ....TION ".... I'I.AH No. 5 CITY'" nc OF" ST. CATHARU IIQII- -~~~J~AI.J"JY IF N~ . ·' sa::.tll.a'• ", aoo ...... , .. ...._,._. .. ( 17),I'UIIIMM:r ____ _,,..,...-.~ ··-...... _.-.....JMI .. ··----, ...... 1:---··--- ...... -.--... -...... ...... w 0 • ..... • 8LOCIC 2 J z ~ .. .. i l l• ~-·---...... ,_ ~ WETitiC Hon .....__.... ~--- ...... , ..,..... ~ ...... STREET A ....,...... 1 0\ . 0)co \ \ I • \ ~ \ : ~ I " I ~ I • I LOCI< ;:, '· ~p ••• a • • • t 1 • • a ~ I I • • 00"' \·~ i '~ I • I • • i ~ \ .. ~ :s ~ " • ,--::,.~,... ::.... --- Is ~ -~f'ft, • ! I lr ...... -~~ '\ ~ '-· .::--. ~ • I : ...... ~ < -..... , Sl'Rt(T ... ~ ~ I ~ 0 ~ !-... 0 RECEIVED rI-- ..... ____ LOT ~ . FEB 0 7 2007 I - -- --...... - ._., . "7~ 7 I ------~.....:..- ...... , __ _ ,.. __-- ...... 07-eo. ---- ...... ---- .. ... ' J ~I L STRATEGIC AND CORPORATE PLANNING MINUTES THIRD MEETING REGULAR, MONDAY, APRIL 3, 2006 Present: Mayor Timothy H. Rigby Councillor Carol Disher Councillor Dawn Dodge Councillor Cameron Donevan Councillor Brian Dorsey Councillor Susan Erskine Councillor Charles Gervais Councillor Joseph Kushner Councillor Sheila Morra Councillor Peter Secord Councillor Greg Washuta Councillor Bruce Williamson Absent: Councillor Jennifer Stevens Officials Chief Administrative Officer, Mr. B. Robert Puhach Present: Director of Corporate Support Services, Mr. Kenneth R. Todd Director of Transportation and Environmental Services, Mr. Paul Mustard, Director ofFinanci81 Management Services, Mr. Colin Briggs Director of Economic Development and Tourism Services, Mr. Brock Dickinson City Solicitor, Ms. Annette Poulin Manager, Park Services, Mr. Jim Benson Assistant Fire Chief, Mr. Edouard Lajoie Planner, Mr. Richard Tapp Committee Secretary, Ms. Diane Alexander Councillor Greg Washuta took the chair and called the meeting to order in Council Chambers, City Hall, at seven twenty-five o'clock p.m. I ITEMN0.16 Report from the Transportation and Environmental Services Department, Dated March 16,2006 Re: Downtown Street System Conversion Study Class Environmental Assessment Recommended Strategy File: 77 .2.8 Public Input: The Chair invited members of the public who wished to speak to the above-noted report to come forward. -2- Strategic and Corporate Planning April 3, 2006 The following person addressed the Strategic and Corporate Planning Committee: Mr. Walter Sendzik, General Manager of the St. Catharines Chamber of Commerce; Mr. Scott Wark, Chair, and Ms. Tisha Polocko, General Manager, St. Catharines Downtown Association; Mr. John Storm, Chair, Business Liaison Committee; Mr. Mark Elliott, Elliott and Company; Mr. Bernie Slepkov, 213 St. Paul Street, St. Catharines. Their comments are summarized below: The two-way traffic conversion should be part of a larger goal that could bring about a revitalization of the downtown. The larger project will see businesses and the City working together to create a vibrant, consumer and residential friendly downtown core, one which doesn't currently exist. The cost to the taxpayer can be minimized if the City allocates funds from the recently announced $2.7 million dollars, one-time transfer from the province to be used for roads and bridges. There is a movement across North America to convert one-way streets in downtown areas into two-way streets in an attempt to revitalize urban cores. These were part of a larger plan to rebuild decaying urban centres. The City of Hamilton has recently switched major arteries in its downtown from one-way to two-way and businesses are reporting more customer traffic since the change, and vandalism and street crime has dropped. St. Catharines is located in the heart ofNiagara's wine country with more than 6Q wineries, and it is only minutes from Niagara Falls and Niagara-on-the-Lake, which attracts millions of visitors yearly. The Wine Council spends more than a million dollars annually in marketing. The wine route by-passes downtown St. Catharines because two way traffic is a pre-requisite for the route. The conversion will help with traffic calming which will allow for better and safer pedestrian accessibility. Two-way traffic will create less potential for crime. The downtown businesses are seeking support from Council and requesting that the two-way traffic conversion plan be approved. More residential units are needed downtown. Two-way traffic will not solve all the problems but it would be a positive move in the revitalization process. It needs to be an integrated approach and two-way traffic is part of this. It would be easier for emergency services. Downtown businesses have made many changes in order to stay viable. St. Catharines has many fabulous stores and two-way traffic would help to keep these businesses viable. If the downtown arena proposal proceeds conversion should take place in conjunction with this project. - 3- Strategic and Corporate Planning April 3, 2006 Report: BACKGROUND At its meeting of December 12, 2005, Council received a report from the Transportation and Environmental Services Department highlighting the results of the Downtown Street System Conversion Study. The report provided a brief description of the recommended alternative and served as public notification of the study's completion. In order to fulfill the requirements of the Municipal Class Environmental Assessment (EA), the Environmental Screening Report (ESR) prepared in support of this undertaking was placed in the public record for the mandatory review period. During this period, members of the general public, concerned stakeholders, agencies, associations and interest groups were encouraged to review the ESR and provide written comments, where applicable, by the prescribed deadline. The review period commenced on Monday, December 19,2005 and concluded on Friday, January 27,2006. Staff are pleased to report that no objections were received during the review period and, as a result, the City's obligations under the Environmental Assessment Act have been fulfilled. The Executive Summary for the approved ESR has been provided as Appendix "A". As Council is aware, the Downtown Street System Conversion Study Class EA was initiated in March 2005. As directed by Council, the primary goal of this project was to identify a preferred implementation strategy for the conversion of the Downtown street system from a mixed one way/two-way system to a strictly two-way system. It must be stressed that this project was not to concern itself with debating the merits of one-way versus two-way street systems nor was it to explore the economic benefits that may be derived through a system conversion. The project was to simply focus on ways the City could return two-way traffic to Downtown St. Catharines if Council decided that a conversion was desirable. In order to achieve this goal, and complete the City's obligations with respect to the Municipal Class EA, the following key objectives were undertaken and satisfied: • Consultation with affected parties and stakeholders early and throughout the process to ensure that the planning process was a cooperative and transparent venture (i.e. who would be affected by the proposed undertaking and what were their issues); • Development and consideration of a reasonable range of alternatives to the proposed undertaking (i.e. how could the proposed undertaking be accomplished); • Identification and consideration of the effects of each alternative on all aspects of the environment including, but not limited to, the natural, social, cultural, economic and built environment. This involved the systematic evaluation of alternatives in terms of their advantages and disadvantages to determine their net environmental effects; (i.e. what impact would the proposed alternatives have on the surrounding environment); • Identification of a preferred alternative to the undertaking (i.e. what conversion scheme provided the best overall balance to the environment); • Development of an implementation strategy for the preferred alternative (e.g. preliminary cost estimates, staging, additional EA requirements etc.); and • Provision of clear and complete documentation of the planning process to ensure traceability of decision making as it related to the project (i.e. documentation justifying why we did what we did, Environmental Screening Report). Throughout the process, the Project Team was guided by a Stakeholder Steering Committee (SSC) that was comprised of members ofvarious agencies, associations and key interest groups. The participating groups included the following: ' ,'.. -4- Strategic and Corporate Planning April 3, 2006 1. St. Catharines Downtown Association 8. Transportation & Environmental Services 2. Downtown Winner's Circle 9. Planning Services 3. St. Catharines Chamber of Commerce 10. Economic Development & Tourism 4. Niagara Regional Police Services 5. St. Catharines Transit Commission 11. Fire Services 6. Niagara Regional Planning Services 12. Recreation & Community Services 7. Downtown Business Owners 13. Niagara Regional Public Worlcs 14. Public at Large The sse was consulted throughout the process and provided valuable information and guidance at key milestones. With the exception of the St. Catharines Transit Commission and the City's Fire Services, all of the groups represented on the SSC endorsed the recommended conversion strategy. The concerns expressed by these two agencies will be discussed later in this report. In addition to the input provided by the sse, the general public was consulted on several occasions throughout the course of the study. These consultations were in the form of an origin/destination user survey, an on-street commercial loading survey, various press releases and formal public notices. Two Public Information Centres (PICs) were also conducted in the Market Square building at key milestones. The results of this public consultation process were positive as a majority of those that commented on the project supported the "idea" of conversion as well as the recommended conversion strategy. The most common concerns generated by the public were related to the loss of on-street parking, commercial loading on St. Paul Street and the costs associated with the conversion. These issues will be discussed in greater detaillater.. in this report. RECOMMENDED CONVERSION STRATEGY As outlined in the December 12th report to Council, the technically preferred option involves the conversion of a significant portion of the Downtown street network to two-way traffic. The entire stretches of Ontario Street, King Street, St. Paul ·street and Niagara Street will be converted while significant portions (greater than 90%) of Queenston Street and Church Street will also be converted. Those streets (or portions of) not being recommended for conversion include William Street (St. Paul Street to King Street and possibly the entire length, depending on the results of subsequent study), Court Street (St. Paul Street to Geneva Street), Church Street (King Street to Court Street) and Queenston Street (Geneva Street to Riordon Street). These streets are not being recommended for two-way traffic as their conversion either provides no overall benefit to the transportation system or constrains/degrades the operation of other converted sections of road. Specific details ofthe recommended strategy include the following: • Ontario Street, St. Paul Street to King Street - This section of road will be converted to two-way operation with two lanes operating in the southbound direction and one lane operating in the northbound direction. At the St. Paul Street intersection, Ontario Street will operate with three southbound lanes (left turn lane, through lane, shared through/right tum lane) and one northbound lane. The existing island situated at the northeast comer of the intersection will be removed and the comer radius extended to match the west leg of the intersection. Pavement marking changes will be required on the remaining approaches to the intersection. • St. Paul Street, Ontario Street to Geneva Street - This street will be fully converted to two-way operation. Within the existing streetscaped section between Ontario Street and James Street, St. Paul Street will function as a basic two-lane, two-way street with no auxiliary lanes (e.g. left tum lanes, right tum lanes) at intersections. This option minimizes the disruption to the existing streetscaping as well as the loss of on-street parking and loading areas. Alternate traffic controls are also being proposed for the intersections of James Street and Queen Street. All-way stop controls, conventional stop controls (minor road stop, major road free flow) and intersection pedestrian signals are being considered instead of full traffic signals. At a minimum, the traffic signal at the Queen Street intersection will most likely be replaced with one of these other control methodologies. With respect to parking, four on-street parking spaces will be lost in this section. Three of these spaces will be converted to loading zones while only one space will be lost altogether. - 5- Strategic and Corporate Planning April 3, 2006 From James Street to Geneva Street, St. Paul Street will function as a two-lane, two-way street with left tum lanes at most intersections. The traffic signal at the intersection of Academy Street will most likely be converted to an intersection pedestrian signal. No on street parking will be lost through this stretch. • King Street, Ontario Street to Church Street - This street will be fully converted to two-way operation and will function as a two-lane road with left tum lanes at all major intersections. Similar to St. Paul Street, the intersection of Academy Street with King Street will most likely be converted to an intersection pedestrian signal. With respect to parking, approximately 40 on-street parking spaces will be lost throughout this stretch to accommodate left tum lanes. The portion between Ontario Street and Queen Street will be most affected with all on-street parking being lost (approximately 23 spaces). All efforts will be made to minimize the left tum storage lane requirements and save on-street parking were possible. • Church Street, Queenston Street to King Street - This street will be fully converted to two-way operation and will function as a two-lane road with left turn lanes at all major intersections. Comer radii improvements will be required on the southeast and southwest quadrants of the Niagara Street/Church Street intersection as well as the southeast, southwest and northwest quadrants of the Geneva Street/Church Street intersection. With respect to parking, approximately six on-street parking spaces will be lost on the south side of Church Street between King Street and Geneva Street. The portion of Church Street between King Street and Court Street will remain as a one-way street. • Niagara Street, St. Paul Street to Church Street - This street will be fully converted to two-way operation and will function as a two-lane road with auxiliary lanes at intersections where possible. In order to simpl~fy operations and minimize the amount of reconstruction required, the northbound left tum movement at the Church Street intersection will be eliminated/prohibited while the westbound right tum movement at the Geneva Street intersection will also be eliminated/prohibited. In addition, the southbound left tum movement on Geneva Street at the Niagara Street/St. Paul Street intersection will also be prohibited. • Queenston Street, Geneva Street to Page Street- Except for a small section between Geneva Street and Riordon Street, Queenston Street will be fully converted to two-way operation and will function as a two-lane road. Between Geneva Street and Riordon Street, Queenston Street will function as a one-way eastbound road. A full conversion of Queenston Street is simply not possible given the current five leg configuration of the Geneva Street/St. Paul Street/Niagara Street/Queenston Street intersection. In order to make this intersection function with two-way traffic, either Niagara Street or Queenston Street had to remain one-way at this point. Given its connection to the QEW and its function as a Regional Road, it was decided that Niagara Street should operate as the fourth two-way leg of the intersection. Motorists westbound on Queenston Street will be directed to use Church Street and Niagara Street as their connection into the Downtown. In addition to its revised connection to Geneva Street, the intersection of Queenston Street with Church Street (the delta) will also be realigned. Under this proposal, Queenston Street will be realigned to connect with Church Street, just to the west of Frank Street. The new intersection will consist of three legs ("T'' configuration) with Church Street forming the major road and Queenston Street forming the minor road. Queenston Street's role as an arterial road in the overall transportation system will be reduced to that of a minor collector road subsequent to the conversion. -6- Strategic and Corporate Planning April3,2006 With respect to costs, it is estimated that the implementation of the recommended conversion strategy will be approximately $2,000,000. Although cost savings will be achieved by coordinating these works with other projects already planned for the Downtown, these cost savings are unknown at this time and, therefore have not been used to discount the overall estimate. A significant portion of these costs (approximately $1.2 million) are associated with the reconfiguration of the traffic signal system. This number may be further refined if traffic signals are eliminated or reconfigured as pedestrian signals. Over the next three to five years, staff anticipate undertaking significant works (resurfacing and reconstruction) on various roads in the Downtown. Roads that have been identified for upgrades during this period include the following: • Queenston Street, from Geneva Street to Church Street (approved for 2006), • Church Street, from Queenston Street to Niagara Street (approved for 2006), • St. Paul Street, from James Street to Geneva Street, • King Street, from Court Street to William Street, and • Ontario Street, from St. Paul Street to Lake Street. With respect to the approved works on Queenston Street and Church Street scheduled for 2006, staff would incorporate the necessary geometric improvements for two-way traffic into this contract should Council decide to proceed with the conversion. The road system would continue to operate "one-way" until the other elements of the conversion strategy were implemented. From a costing perspective, the premium associated with incorporating the conversion elements into this project is negligible as both roads are being reconstructed. PUBLIC AND AGENCY CONCERNS As noted previously in this report, there were several concerns that were expressed by the public and review agencies. These concerns related to the loss of on-street parking, the use of St. Paul Street for commercial loading, the ability of the reconfigured street network to accommodate larger vehicles, the potential loss of streetscaping along St. Paul Street and the overall cost of conversion. The following are sta.:tr s response to these concerns. On-street Parking Loss One of the primary goals of the study was to minimize the loss of on-street parking throughout the Downtown. Although a loss of approximately 60 parking spaces has been identified as part of the recommended conversion strategy, staff believe that this number is reasonable given the location of where this loss will occur. While a significant portion of this loss will occur on King Street between Ontario Street and Queen Street (approximately 23 spaces), the remainder are spread throughout the Downtown and there are no significant groupings of lost stalls. The primary concern from the public and business community was for the preservation of parking along the streetscaped portion of St. Paul Street. This has been achieved as only four parking spaces will be lost on this stretch of road. If and when the conversion takes place, staff will make every effort to further reduce the amount of lost parking. The following table highlights where on-street parking losses are likely to occur. -7- Strategic and Corporate Planning April3, 2006 SUMMARY OF ON-STREET PARKING LOSS Limits #of Stalls Street Side From To Lost Ontario Street St. Paul Street King Street West 4 St. Paul Street William Street Queen Street North 1 St. Paul Street Queen Street Helliwell Lane South 3 King Street* Ontario Street William Street Both 10 King Street* William Street Queen Street Both 13 King Street Queen Street James Street South 4 King Street James Street Carlisle Street South 4 King Street Carlisle Street Academy Street North 3 King Street Academy Street Court Street North 4 King Street Court Street Chmch Street North 4 Chmch Street King Street Geneva Street South 6 Queenston Street Frank Street Page Street North 5 Total 61 * Potential to reduce left turn lane taper lengths and gain on-street parking With respect to the parking loss on King Street between Ontario Street and Queen Street, staff acknowledge that the businesses directly fronting this stretch of road will be somewhat impacted. However, it should be noted that there is a significant amount of public parking within a reasonable walking distance from this area. The Ontario Street Parking Garage is approximately 150 metres (2 minutes) from the intersection of Queen Street and King Street while two large private parking lots on William Street are within this range as well. Commercial Loading on St. Paul Street The most common concern expressed by the public was the availability of commercial loading zones along the streetscaped portion of St. Paul Street. This concern is primarily related to the current practice by some vendors who "double park" on St. Paul Street while making deliveries. Although this practice does occur quite frequently today, it is typically performed for convenience rather than out of necessity. This is particularly true for those businesses that are located on the north side of St. Paul Street. Almost all of these businesses have rear-lane delivery access on Summer Street or May Alley and, if two-way traffic is implemented, they will be required to use these accesses. For those businesses on the south side of St. Paul Street, an additional loading zone will be created between William Street and Queen Street. In addition, as traffic volumes will be significantly reduced on William Street between St. Paul Street and King Street, this stretch of road will be promoted as a service corridor and additional commercial loading opportunities will be created. Geometric Design Concerns The St. Catharines Transit Commission and the City's Fires Services are concerned with the ability of the converted system to accommodate the turning paths of their larger vehicles. In addition, the Transit Commission has also expressed a concern regarding the width of the streetscaped portion of St. Paul Street. They are concerned that the road width may not be sufficient for two larger vehicles to pass one another without conflicting (i.e. clipping mirrors). - 8- Strategic and Corporate Planning April3, 2006 In response to these concerns, staff have assured both the Transit Commission and Fire Services that any future modifications made to the road system will be able to accommodate the turning paths of their larger vehicles. Both agencies will also be consulted during any detailed design exercise that may be undertaken prior to implementation. With respect to the Transit Commission's concerns regarding the width of St. Paul Street and the ability of two vehicles to pass, staff do not believe that this will become a reality. On more than one occasion, staff have observed two large vehicles traveling side by side on St. Paul Street without any difficulty. In addition, transit vehicles often encounter "double parked" delivery vehicles on this stretch of road and are currently able to negotiate a safe passage. Staff do not believe that a simple change in traffic flow will degrade this situation. Impact on Streetscaping Similar to the preservation of on-street parking, protecting the streetscape elements along St. Paul Street was also a primary goal of the study. It was determined early in the process that preserving the existing streetscaping was desired by the community and every effort was made to ensure that the recommended conversion strategy embodied this desire. There was a general consensus amongst those who commented on the study that, where possible, the preservation of the existing streetscaping should take precedence over capacity and traffic flow improvements. Staff concurred with these sentiments and, as a result, the recommended conversion strategy involves only minor disruptions to the streetscaping. In particular, the planting bed located on the south side of St. Paul Street, directly across from Queen Street, will need to be modified (i.e. shortened) to make room for a bus loading zone while the northeast comer of the St. Paul Street/James Street intersection will need to be adjusted to accommodate the turning path of larger vehicles (i.e. increased radius). Beyond these two minor adjustments, the streetscaping along St. Paul Street will remain in its present state and configuration. Implementation Cost As outlined earlier, it is estimated that the implementation of the recommended conversion strategy will cost approximately $2,000,000. While some may view this cost as exorbitant, staff believe that this estimate is rather favourable given the amount of road that will be converted under the recommended conversion strategy. As noted, potential cost savings associated with planned road rehabilitation projects have not been factored into this estimate. As a result, this cost estimate should be considered a "raw" figure and would be refmed over time as more detailed data is gathered. In addition, as the implementation of the recommended conversion strategy would be scheduled over three years and a portion of the estimated costs would be borne by the Region, staff do not believe that this cost estimate is excessive for a project of this scale. It should be noted that the apportioning of these costs between the City and the Region has not been determined at this time. This "cost sharing" would be determined during the detail design phase. IMPLEMENTATION STRATEGY With respect to timing and phasing, the project is currently staged to be a three year project with the Ontario Street conversion occurring in Year 1, the King Street and St. Paul Street conversion occurring in Year 2 and the Niagara Street, Church Street and Queenston Street conversion occurring in Year 3. The implementation can be modified to occur over a two year period. However, given the scale of the project, it is not recommended that the conversion take place in a single year. The earliest the conversion could begin would be 2007. It should be noted that this phasing could change depending upon the timing and coordination with planned City and Regional road improvements. - 9- Strategic and Corporate Planning April 3, 2006 NEXT STEPS If Council decides to proceed with this undertaking, staff will initiate several reviews that will further refine the recommended conversion strategy. In particular, a detailed assessment of the Downtown traffic signal system will be undertaken to determine the exact improvements that will be required for conversion purposes. The coordination of planned City and Regional road works within the Downtown will also be reviewed to determine scheduling, staging and potential cost savings. Sufficient funds ($40,000) have been included in the 2006 operating budget to complete these reviews. In short, 2006 will be used primarily to fine tune the recommended conversion strategy while 2007 is viewed as the first year for implementation. RECOMMENDATION: That the report from the Transportation and Environmental Services Department dated March 16, 2006, regarding the Downtown Street System Conversion Study, Recommended Strategy, be received; and that the recommended strategy for converting the Downtown street system to two-way traffic as detailed in this report be approved, and further, that the Stakeholder Steering Committee and other parties who have expressed an interest in this project be so notified. MOVED BY COUNCILLOR DORSEY: That the recommendation contained in the report from the Transportation and Environmental Services Department, Item Number 16 of the Strategic and Corporate Planning Minutes, April3, 2006, be approved. CARRIED. ITEMN0.17 Report from the Transportation and Environmental Services Department, Dated March 28, 2006 G Re: Downtown Parking Study Recommended Strategy File: 77.34.10 Public Input: The Chair invited members of the public who wished to speak to the above-noted report to come forward. The following person addressed the Strategic and Corporate Planning Committee: Ms. Victoria Roslin, Downtown Development and Revitalization Committee. Her comments are summarized below: The Committee has recommended the following initiatives for the revitalization of the downtown: Redevelopment of the Carlisle Street Parkade as a multi-purpose facility. The new facility should include a commercial/retail component and could possibly house public facilities or residential units. Controlled parking enforcement within the business/retail core area. EXCERPT 0~' THE MINUTES OF THE GENERAL •••••••••• " ••• ,.... • • • COMMITTEE ST. CATHARINES . . JUNE 4/07 329. DATE ••••••••••• ITEM·No .••••.•• RATIFIED BY COUNCIL •••••..••• ITEMN0.329 Report from the Planning Services Departmen• Dated May 25,2007, Re: Application for Amendment to By-Law 66-165 (Zone 3) to Permit One (1) Accessory Dwelling Unit Per Princip81 Dwelling Unit as a Permitted Use 65 Gamet Street Applicant: Angelo Cassarella · File; 60.. 35.915 ' ' CQUNCTI J.OR G1LL DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 329 of the General Committee :Minutes, June.4,.2007. Pw:pose. The purpose of this application is to recognize an existing illegal use that is not currently permitted in the Zoning By-law. This application was initiated as a result of a recent fire inspection that requires the owner to install a new fire proteCtion wall. A .Zoning By-law amendment is sought permit the existing two (2) basement apa.rt.ment units. The zoning ~endment is required so that a building permit may be issued to proceed with construction to bring the dwelling into compliance with the Fire Code. A location map of the subject lands is attached.as Appendix "H". Site Analysis a) Location: the subject property is located in the Facer Neighbourhood in the City's North Planning District. More specifically, the subject lands are located on the north side of Garnet Street, east of Oblate Street and west of Currie Street (Appendix "H'). b) Existing Land Use: i) Site: The subject lot has an area of approximately 609.34 m2 (6558.9 ff). The property has one serD.i-detached dwelling, built in 1990. ii) Surrounding Area: North: Residential East: Institutional So:uth: Residential · West: Residential c) Official Plan: The Official Plan designates the subject lands ''Neighbourhood Residential". The "Neighbourhood Residential" designation permits all forms of residential development and residential intensification. The proposal is in conformitY with the Official Plan and therefore no Official Plan amendment is required. ' d) Zoning: The subject lands are currently zoned "Residential Second Density (R2C)" which permits single detached· dwellings, semi-detached dwellings, duplex dwellings, rooming or boarding EXCERPT OF THE MINUTES. OF THE GENERAL • •••• • ••• ~ • • • • .• ..• • • • CO'MM.l TTEE ST. CATHARINES . JUNE 4/07 .· 329. DATE • • • • • • • • • • • ITEM NO ••••· •• RATIFIED BY COUNCIL ••••.•.... houses, churches, schools and buildings accessory to any of the foregoing, subject to the zone requirements. The applic~tion proposes to amend the zoning on this site to permit one accessory apartment per principal dwelling unit (four units total). An amendment to the Zoning By·Law is required. · Background The existing semi·detached dwelling unit was built in 1990. The lot (65 Garnet Street) was created througp a severance in .1989 (B_;232/89) for a single detached dwelling.' Application was · later made to vary the frontage and .side yard requirement in order to permit a seri:ri·detached dwelling. The initial application was denied and a riew application was made· that proposed a new design ~t met the minimum side yard requirements of 8 feet on both sides where there is no · attached garage. The second applic~tion for minor variance for a reduced frontage (from 50 feet to 33 feet) was approved. In 199.1, instead of only two dwelling units, the semi·detacheq ·dwelling was illegally converted to include four dwelfuig units. This application is made to recognize an illegal long term use on a property in order to bring the existing dwelling into COJ?.pliance with the Fire Code. · Circulation Comments The application, was circulated to various City Departments as well as· outside governmentI agencies. Transportation and Environmental Services are not supportive of any proposals allowing units without parking. This issue is discussed in the Pla.lmi.ng Considerations section of this report. . Open House An open house was held on May I, 2007. Two residents and the applicant attep.ded the meeting. Of primary concern to the neighbour to the west of'65 Garnet is the use of his driveway (which abuts 65 Gamet) and his rear yard parking area. On-street parking concerns were alsq discussed: ·. .Both of these issues. are discussed in the Planning Consi~erations section of this report. A letter was received by the Clerk that stated an objection to the proposal on the basis that four units at this location would. change the nature of the neighbourhood. Council should be aware . that preliminary inyestigations by staff indicate the· residents of that property moved in sometime between 1998 and 1.999, while the use of this site for four units has been in place since 1991 . . Staff consider the "nature of the neighbourhood" to be well established with this dwelling being used for four units. Planning Considerations This application to amend the zoning by-law proposes to re-zone the lands as outlined in Appendix "I " from ''Residential Second Density (R2C)" to "Residential Second Density (R2C)" with site specific provisions pennitting two additional accessory dwelling units (one in basement of the rear~ of the semi·detached building and another in the basement ofthe front~ of the semi·detached building). This amendment, if approved as submitted, Will permit a total ofrour dwelling units in a semi.detached dwelling. . . Infill and intensified development are key goals ofPlaces to Grow, the Regional Policy Plan, and the City of St. Catluirines Official.Plan. Section 2.2.2 of Places to Grow identifies that growth should be directed to existing built up areas through intensification. It also identifies the need for . a wid'e range ofhousmg types including "affordable houSing and encourages the development of . accessory dwelling units throughout the built up area. The Regional Policy Plan specifically recognizes the opportunity to permit added units within existing dwelling, with due consideration given to l~t size, building size and height, ad~uate· park land and adequate parking. The City of EXCERPT OF THE MINUTES. OF THE . GENERAL . ' • • • • • • • • • • .• • • • •..• • • • COMMITTEE ST. CATHARINES . JUNE 4/07 · 329. DATE. • ••. • • • • • • • ITEM ·NO ••••.•• RATIFIED BY COtm'CIL ••••••.••. St. Catharines Official Plan includes a section regarding "Alternative Forms ofHousing'' which recognizes that the changing profile of the population will create demands for smaller and more diverse forms of housing. Accessory dwelling tuiits are one way of accommodating this need. Staff recognize the need for affordable dwelling units, the need for the provision of alternative forms of housing and the need· to permit residential intenSification within existing neighbourhoods. From that perspective, staff are supportive in principle of accessory dwelling Units, where impacts are minimal and where the character ofthe street is not significantly altered. Character ofthe Neighbourhood . · The surrounding neighbourhood is primarily residential in character but includes two churches and some limited commercial use. To the east there are parking lots (supP-orting two seJ>arate . · churches), commercial buildings, and single and semi-detached dwellings. The street to the west is primarily composed of single detached dwellings. The lots on the north side of Garnet are all ·single detached Q.wellings, with the exception of the subject property and 23 .Garnet Street (both are semi-detached dwellings). The SOUth side of Garnet includes 2-unit dwellings. Overall, .the ar~a is fairly diverse, contains a range of multi-unit dwelling types and the inclusion additional basement units would not necessarily impact on the visual character of the neighbourhood. The .building ~tains the look of a semi-detached dwelling. Lack of On-Street Parking The limited availability of on-street parking is a significant factor in the creation of additional dwelling units, without on site parking. This application does not provide additional on-site · parking to serve the two additional units in the basement. The availability of parking on the street is primarily impacted by the neighbouring church (see Appendix ".f'), which puts substantial pressure on Garnet Street on Fridays, Saturdays, ·and Sundays. Garnet Street is a narrow width road {50 feet) and parking is only permitted on the north side.· of Gamet and on-street parking is not permitted in front of the Church (see ·Appendix · ".f'). Based on discussions with neighbours at the Open, House staff consider the demand for . on-street parking to be largely relate.d to the neighbouring church and its activities, and not · necessarily the additional units located on this site. Transportation and Environmental Services Department verified that there have not been any parking complaints on Garnet Street and . indicate the areas where parking is not permitted on the street (Appendix "J "). Staff are of the opinion that residents recognize the limited on-street parking and have learned to "live with" the . impact the church has on the availability of on-street parking at certain times of the week. Staff are prepared to support, with conditions, the approval of an accessory dwelli.t;tg unit as an additional permitted use, providing parking revisions are approved as follows: i) a minimum of two tandem parking spaces per dwelling unit be required to service the primary dwelling units, ii) accessory dwelling Units up to a maximum of 55 square metres be permitted without requiring additional on site parking. The recommended two tandem parking spaces per dwelling unit recognizes the existing two driveways on the lot and both existing driveways can accommodate two vehicles for each of the primary dwelling units. Tandem parking in this manner js routinely required on new residential developments to addtess typical car ownership patterns per household. Staff is prepared to support an accessory dwelling unit (one only as per comments below relating to the abutting lot at 63. Oarnet Stre.et ) providing the maximum size of the accessory dwelling unit is 55 square metres, potentially diminishing the demand for parking. · Again, this approach has been us~ in other areas of the City where accessory dwelling units 'are · not serviced by on-site parking. EXGE~T OF :rilE MINUTES. OF THE GENERAL • • • • • • • • • • • • • • .• ..• • • , CO}IM! T'tEE ST. CATHARINES . . JUNE 4/07 . · 329. DATE ••••• , , • • • • ITEM· NO ••••.•• RATIFIED BY COtm·CIL •• ~ , ••••• , Impacton 63 Gamet Street The impact on the neighbouring·property to the west at 63 Garnet Street is worthy of special consideration. Over the course of several years, this resident has been subject to encroachment issues. relating to tenants using a portion of liis property for ·access and parking. The impact appears to be largely generated by the units in closest proximity to his property (those units in the front half of the semi- detached dwelling). In an effort to mitigate these encroachment impacts, staff recommend the front half of the semi-detached dwelling not be permitted an accessory dwelling unit and, secondly, the applicant be required to construct a board on board fence to· distinguish the property line mid to prevent encroachment problems. The owner of 63 Garnet Street is satisfied with this solution. · Proportion ofParking .on. the Lot .. J.' ·Another parking. layout issue relates to· the irregularity ·of the lot and the proportion of the lot covered by parking.. New front yard parking and lot coverage requirements (put in place .after th~ severances and minor variances were approved) stipulate that no more than· 50% of the front yard can be covered by parking. The irregular lot frontage (10 metres) means that it would be . impossible. to acco:nunodate two driveways without exceeding one or both of these requirements . . Additionally; the total parking coverage exceeds 200/o of the entire lot. This parking configuration. on the ~ot predates the front yard parking zoning restrictions, but· staff recommend provisions be included to recognize the existing condition, for the purposes of ~larity. In summary~ staff has attempted to balance the need for small affordable residential units with the need to maintain the character of the neighbourhood and mitigate any negative impacts. Staff is · · supportive of the application but recommends conditions to ensure a better fit in the neighbourhood.. These conditions, are outlined in the staff recommendation, and include an increase in required parking for the primary dwelling units, a size limit on the Of.le accessory dwelling unit recommended for approval, the removal of the existing accessory dwelling unit in the front half of the semi-detached dwelling, recognition of the existing lot condition~ Qot frontage, side yards, and parking), and the construction of a fence by the applicant along the westerly .Jot line. In accordance with established procedures, the date for the public meeting is provided in the . recommendation and notiee provisions for the Public Meeting have been met . . StatfRecommendation: That approval be granted to amend Zoning By-law 66-165 (Zone 3) for lands in the City of St. Catharines, known municipally as 65 Garnet Street as follows: 1. In addition to the permitted uses of the R2C zone, I accessory dwelling unit shall be permitted in the rear Yz of the existing semi-detached dwelling only, subject to the '" following provisions: · a) Minimum Lot Frontage 10 metres b) . Minimuni Side Yard 2.4 metres c) Maximum Front Yard Parking Area 60% d) Total Parking Area Coverage . 25% e) Tandem Parking shall be permitted, and be permitted in the front yard, · beyond the front face of the dwellin:g. EXCE~T OP THE MINUTES. OF THE GENERAL ST. CATHARINES • • • • • • • • • • .• • • • .•··• • , • COMMITTEE . DATE JUNE 4/07 · 329. • • • • • • • • • • .• !"'EM·~ NO .....· . RATIFIED BY COtmCIL ••••••.••• f) A Tandem Parking Space shall mean an area not less than 30 square metres, measuring 2. 75 metres by 11 metres for the temporary parking or storage of 2 motor vehicles both of which utiliZe the same right of way to a public street . . g). Number of Parking Spaces Per Dwelling Urut 2 spaces per dwelling unit for units greater than 55 square metres 0 spaces per accessory 'dwelling units up to 55 square metres. h) Accessory Dwellin.g Unit An Accessory Dwelling Unit shall be defined as a separate residential dwelling unit · located entirely within the exterior walls of the prinCipal dwelling uriit~ and having . a separate mterior Qr exterior entrance from the principal dwelling and sbaJ! not e~ceed 55 square metres. The external appearance and character of the dwelling and lot shall not reflect t;he accessory dwelling unit. · and that priorto the passage of the By-law by Council, the owner shall.remove the existing accessory 4welling unit from the front half of the semi-detached dwelling, and the Chief Building . ·official (CBO) shall provide confirmation to tlult effect. and that pri~r to the·passage of the By-law by Council, the applicant sh8n construct a wood board on board fence along the mutual lot line between 63 and 65 Gamet Street extending from the front face of the dwelling at 65 Gamet Street to the rear lot line (approximately 26 metres), to the · satisfuction of Planning Services; and that the owner be granted a maximum of six months to fulfill the above conditions. and that the City Solicitor be directed to prepare the necessary By-law to give effect to Council's decision, only after the above conditions has been met; . " and that the Notice of Decision required by the Planning Act, RS.O. 1990, c.P.l3, as amended,· be processed by the City Clerk; · . and that upon exp4-ation of the appeal period, the City Clerk be directed to forward an application to the Ontario Municipal Board for approval of the proposed zoning by-law if any appeals are received and further that Angelo Casarella, 252 Queenston Street, St. Catharines, Ontario L2P 2X3 be so advised. RECOMMENDATION: That the report from the Planning Services Department dated May 25, 2007 regarding the proposal to atilend Zoning By-law 66-165 (Zone 3) for lands known as 65 Garnet Street be referred to City Council for consideration after the public meeting on June 11, 2007. MOVED BY COUNCILLOR DODGE: That the recommendation contained. in the report from the Planning Services. Department, Item Num~er 329 of the General Committee .Minutes, June 4, 2007, be approved. CARRJED. r ' r ' H' ...... · LOCATION MAP - SUBJECT LANDS KNOWN AS . c 65 GARNET STREET RLE 60.35.915 / I·- L ...J \.· . #A . ·. ?s~T~IT_ 1.1....·~L···>'--- , - , , ·;r-~: ····-·--__...:...c·:.:r~u~~'"'~- 1'-!~-, __ - , _ 1 (~~~{#,E/)~.)~i~i~t:<"'·~::L ..,..,~,·J,;:r-,._T....,,-"'"'"A. I", '?A.~-2-('"?~/!!"· ~-~J--~· ·~I~" 1itfliL.tcJII.K.Ati6.: .JI.t.4.X... - · ~iJ".·M.e.A,: 18.-o~~({o>~~:Fr.A ·-;(:\. MJtxijJG "'"~.:/fi,.o~ ~ ~ lA/JtJjCAPE ~£1\:f3J8.k>,..'(~4?/• ·~ LMJP5CAPE Cov~i46E:5'2.~8~ ~... '{\_ ;-~--~------·-- ---· ·- noh.: Nestun ~ driw-~wo.y --R~~-~d··:by ~~~(~.&r\iiee.s ~entire.tkp#l. May 17, 2oo'-f· o-f ~e.-lot.. . .I (~~~~-:._..-g To+al S,ite f:veg: (ol)q.3Ltm~ :..:.____j !IJ BU•\d~ ~ ~ J fo5 .0At<=,Nt:..T __6T&c~:r- .. ( ~£l:I~Sr~l£D--pLAN·-~"f)~ _1!/()[E.: TAKEN Flf'OM 11A1TIIEWS ~CAME.~ cAl PM _{)Aret:J: ru.y"" tno Ftl.$ :i.:sG~fO,?'P RECEIVED ?,lye,_,._-:p l- .C!oo~--- >tALE 1: 2.0Q FPGr\is::,r"•-. . . - ::::::r=di~...-··k• -P_A~~r--t.or_lf(,--f!~c~-:.B~w:· -:b.!1, MAR09 2007 --~-f-~F' --~7=-c.+TJiMJ~~ ...... --·--·-. f'lilt!NIN~i;ER'\IICES . ~~i(E.SJcN.AL..~--.],JJ.IlJ/./4iP.tti.li:Y - .. J PFPAi\'iW.:NT J \ N Marianne MWTay, 15 Winston Road., St. Catharines, ON L2M4Rl His worship Mayor Brian McMullan, Members of Council , City of St. Catharines April23, 2007. RE: 444-446 Scott St. -Snooker's Pub It is with much regret that I find it necessary to write this letter. Please understand that it comes to you after much thought and with the feeling that we have no other choice. Councilors who have served on previous terms of council will remember our situation as it now spans 3 terms of council with matters brought before council on several occasions. I hope that with this letter, there can be brought into effect some sort of resolution to the issues. For this reason. I hope that Greg Washuta, who has endeavored to provide our residents' group with support in the past, will be able to introduce a motion before council- to direct staff to enforce existing bylaws. This letter is spurred by the bar ( Snooker's Pub ) located at the above address, current activity of playing Live Bands. This past Saturday evening ( April21 ) and as is advertised in the St. Catharines Standard to be again on next Saturday night April 28th. The bar owners are in the possession of a conditional liquor permit. The permit was issued by AGCO after a public meeting was held on the license application. An agreement was reached between the applicant and approx. 40 area residents who attended the meeting. The agreement attached 5 conditions to the permit. The first condition of the permit is no Live music. We have recently come to learn from the AGCO that this permit was transferred from the original applicants - but that the original conditions remain in place. It should also be noted that the original owners of the license changed name ofthe business on 4 occasions. Longshots- Johnny M's- Boob tube- Snookers Pub. The AGCO also informed me that the license ownership changed for the first time on March 9, 2006. The legal name change ofthe business from the original owners to the new owners is to add an apostrophe to the word Snookers. Therefore the bars' name would change from Snookers Pub to Snooker's Pub. Through conversation with the clerk's department today, I have also come to learn that the required city business permit for a restaurant was never transferred to the new owners and the city was not informed of the change of business ownership or change of business name. Further to that, the old permit expired at the end of February, 2007. It certainly appears that the method used to switch owners has been done as a diversion to cover the change. In order to quality for the city business permit, the owners must comply with the city bylaws. The amount of available parking required to satisfy the requirements of bylaw 64-207, as amended is insufficient. A planning report dated April 24,2006 states that" If the property were vacant and a new commercial project of this size were to be proposed today the total parking requirement would be 59 spaces. There are only 43 spaces available. There have been special considerations made to the parking in the past to allow for the parking requirement to be satisfied, however, we were told at previous city council meetings that once there was any change to occupancy of the plaza, the terms of the current Site Plan would come into effect. The site plan agreement between York Bancroft and the City of St. Catharines section 3 a) states that "The owner agrees and understands that notwithstanding any of the terms, conditions or requirements of this agreement relating to the number of off-street parking spaces, the provisions of By-law No. 64-207, as amended, will apply in detennining the number of spaces required to accommodate the actual occupancy or use of floor space within the said building." We have further come to learn that since the site plan agreement came into effect there have been alterations done to the interior of the building that changed the floor space. There was a variety store in place at the time of the site plan agreement. The signage for the store has not been removed; however the wall between the units was removed or opened, thereby increasing the floor space to the offices located in the next unit. This change in floor space should have required the owners to comply with the terms of the site plan agreement and the city's bylaws. · I was last before council in April 2006. At this time I made a presentation to council stating concerns that the site plan agreement had not been completed - and was questionable as to whether or not the owners had complied with the Ontario Municipal Board Decision that allowed land severance. After speaking with the Ontario Municipal Board - I had asked that council request a review of the process used by the city and property owners to ensure that the process had been completed within the allotted time frame. Though I did gamer some support of council- unfortunately the motion was defeated. I have come to learn that one week after my appearance at council the property was sold to a Numbered Ontario Corporation. The site plan agreement is still incomplete today. Plantings are incomplete. The garbage enclosure- required by the city- sits broken and not in use - while the metal garbage dumpster in dropped in front of the concrete enclosure. The April 24, 2006 planning report states that the owners were to replant the trees last spring. Area residents have been more than patient in waiting for the property owners to complete their agreement. The city site plan agreement contains the flowing clause: "In the event of the failure of the Owner to carry out any of the provisions of this Agreement then the city, its servants or agents, pursuant to the provisions of this agreement, shall on fifteen days notice in writing of it's intention and forthwith in cases of emergency, have the right to enter on the said lands and, at the expense of the Owner, do any such works contained herein and further shall have the right to recover the costs thereof by action or in like manner as taxes and/or by using securities deposited pursuant to the provisions of this agreement." In an effort to provide some clarity for your consideration- I've included a sequence of events. We have supporting documents as well for anyone who in interested. March 15,2001- Application for Liquor License- Moe's Tap ( Bosilijka Raesetta) for a Restaurants/Bar. (from minutes General Council- March 19, 2001) It should be noted that even though there was an application for the Liquor permit for a restaurant- the restaurant itself didn't apply for a city business permit (bylaw 2001-19) prior to the application and not for about 2 years after area residents complained. Therefore the parking requirements were not taken into consideration. Moe's Tap never opened at this address. March 28, 2001 -By letter, York Bancroft Corp. requests City Council's approval to establish an off track betting teletheatre at Moe's Tap and Restaurant (from minutes General Council -April 8, 2001 ) 7 months pass November 5, 2001 -Application is made to the City of St. Catharines for consent to convey 0.587 acres ofland from 424 Niagara St.( Butler funeral home) owned by Trillium funeral services to merge with 444-446 Scott St.. Consent to convey application states that the land use will be a parking lot. November 7, 2001- Construction begins, without a perinit, on a new 80' x 130' rear parking lot behind the plaza- using lands from both addresses. Several large (30') trees, bushes and overgrowth were removed from the funeral homes' property, the land are excavated and a gravel parking lot installed over both properties. It should be noted that the trees and growth that was removed is the only vertical buffer between residential homes and the commercial plaza. November 17, 2001 -Parking lot is in use for patrons of Longshot' s off track betting parlor. Parking use is continued for a period of over 1 year until it is ordered closed by city council ( December 2, 2002) November 28, 2001 -City Planning department recommends approval of severance application subject to the following condition. "that the owner of the Commercial Plaza enter into a site plan agreement with the city of St. Catharines regarding the construction of the parking lot." December 5, 2001 -At. Catharines committee of adjustments old a public hearing into the land severance application. Committee refuse the application for the following reason: "that the parking lot will have an adverse impact upon the neighborhood." December, 2001- Trillium Funeral Corporation make application for hearing on behalf of York Bancroft to Ontario Municipal Board. December 5, 2001- Alcohol and Gaming Commission old a public hearing into the liquor application at 444-446 Scott st. Many of the area residents meet for the first time at this meeting and begin to form a concerned citizens group. Over 40 people attended the meeting at the Parkway Inn- most were seniors 70 and 80 yrs old. Also in attendance at the meeting was a representative of the Niagara Regional home for the developmentally challenged located next door to the plaza. The first request made by the group is a 30 day adjournment to obtain legal council. This request was denied. The lawyer representing the applicant addressed the citizen's group and convinced them they would be further ahead to agree to a liquor permit with conditions attached- than just refusing the application- in case the license is approved anyhow. These people had no idea that the liquor permit could be transferred to a bar. They believed they were negotiating in good faith with the owners of the off track betting parlor. It should be noted that they made this decision under the circumstances that the illegal parking lot was in use. Cars were coming and going at all times of the day and night down a gravel driveway- that is not even wide enough to comply with the Ontario Building Code in terms of safety. Dirt and dust was everywhere and people were fed up. There was not a complete consensus on the terms of agreement and several area residents chose to disagree with the permit. The result of several elderly area residents' negotiations is a permit issued with the following conditions: 1. There shall be no external amplified or live music. 2. There shall be adequate security and supervision of the parking areas with specific employees designated and identified for that purpose. 3. 3. Windows shall remain closed at all times and the door shall not be propped open other than for servicing or delivery. 4. Services of a prate towing company will be engaged by the license holder to enforce illegal parking within the plaza property. 5. Signs will be posted at premises advising patrons that illegal parking will be subject to towing. December 10,2001- City notifies York Bancroft that the use ofthe rear parking lot is not permitted because no site plan agreement has been entered into. December 17, 2001 -Solicitor for York-Bancroft, John Crossing ham, issues letter to the city disagreeing with the requirement of a site plan agreement. December 17, 2001- Solicitor for York Bancroft issues letter to the neighbourhood group indicating no site plan is required and offers to negotiate a settlement. January 14, 2002- Residents issue letter to Crossing ham Brady indicating a willingness to try to negotiate a settlement. January 17, 2002 - City of St. Catharines issue letter to Trillium Funeral Services indicating that the new parking lot is a violation of their site plan agreement and gives them until the end of January 2002 to comply. NO ACTION IS TAKEN BY THE CITY. February 28, 2002- the following parties meet at City Hall to formalize a settlement. Paul Chapman Greg Hynde - Hynde, Paul and Associates Concerned neighbors Ralph Terrio, Dan Raeseta ( York Bancroft ) John Crossing ham March 5, 2002- John Crossingham issues letter summerizing city hall meeting ( Feb.28) and his understanding of the resolution ofthe issues. March 25th, 2002- City planning department- Paul Chapman receives fax transmission on behalf of the Jubilee/Scott/Winston Association- approving the March 5, 2002 Memorandum from John Crossingham. March 27, 2002- Ontario Municipal Board hearing- city hall. John Crossignham addresses the board and states that the neighbors have reached an agreement with the appellant and the MUST be a collective agreement between all parties of the "deal is off the table". The "deal' was actually that a fence "over and above what would normally be required" or in other words 8 foot instead of 6 foot - would be erected along the property line of the neighbors who already abutted the plaza's driveway. In exchange no one would argue that the driveway wasn't lawfully wide enough for the vehicles to gain access. Problem is- not everyone of the neighborhood group was informed of the complete deal. In fact the neighbors that actually abutted the severance were not given the information. The hearing passed uncontested. After the meeting ended several of the residents visited with Mr. Chapman downstairs and received the actual wording of the agreement. Although we were not completely happy with what was written- we didn't think thee was any course of action to take and felt that 'we would just be able to ensure that this agreement become fulfiiled. It still, in fact is incomplete even today. 1 May 24 h, 2002 - Ontario Municipal Board issues decision as follow: Note: Memorandum of oral decision delivered by S.W.LEE on March 27th, 2002 "the Board understood from area residents that an agreement had been entered into between the appellant and themselves. The hearing is uncontested." "The board heard from the uncontested evidence of Mr. Paul CQ.apman and is satisfied that the proposed consent to convey will comply with the statutory requirements in all respects. The board will authorize the consent to convey as set out in the Committee of Adjustments decision subject to the following conditions: 1) That Part 2 and Part 3 shall be merged; 2) 2) That the owners of Part 3 hall enter into a site plan agreement with the City of St. Catharines. During the next 5 months several complaints are filed with the city, the Alcohol and Gaming Commission and the Niagara Regional police over activities occurring on the property. York Bancroft continues to use the illegal parking lot. October 30, 2002- Letter from John Rodey to Marianne Murray- states that the property should not be used for parking. The purpose of the letter was to forward to the Alcohol and Gaming commission to show that the bar owners were not complying with the terms of their Liquor permit. November 2002- Letter issued on behalf of some of the area residents to the Mayor and City Councilors by Tom Richardson of the law firm Sullivan, Mahoney November 25, 2002- notification sent to neighbors from the planning department advising the receipt of "Preliminary Site Plan" Plan shows parking front and rear included for a total of 75 spaces. The plan does not resemble the agreement received by Paul Chapman- March 25, 2001 -from john Crossingham. December 2, 2002 - Presentation to City council by Larry Reynolds and Marianne Murray to request council to direct staff to take the steps necessary to ban parking on the lands until such time as a site plan agreement is reached and the works are completed. Motions are passed - the lot is closed. December 6, 2002 -Response from Development co-oridnator Bryan Morris to John Crossingham indicates several areas of deficiency in the Site Plan. Included were questions requesting the actual width of the driveway access to the rear parking area and concern over the minimum clearance allowed for fir routes. Regarding storm drainage it was noted that " a connection to the Scott St., storm sewer may be required to provide adequate drainage." 4 MONTHS PASS from initial plan submission. March 18, 2003 -Notification from the city that a revised site plan has been received. This plan will provide no rear parking. It shows parking in the front of the building only and shows parking for 51 cars. There is NO DEMENSIONS on the plan. Nothing shows measurements. A physical count of the parking spaces at the front of the building showed there are only 43 spaces. Development co-ordinator Bryan Morris is contacted by Marianne Murray asking for the required parking and telling him that the parking on the plan is over stated. Bryan checked the requirement with Mr. Chapman and told me 51 spaces+ 1 handicapped space is required. Within an hour I received a call back telling me that the plaza will require only 41 spaces. I asked for a written explanation of how the parking had been calculated- and by whom. (fax received April 9, 2003- states the parking was calculated by a zoning clerk on March 7, 2003. for 41 spaces) 20 neighbors sign an objection to the revised site plan April 16, 2003 received fax from John Rodey- states that " there may be some concerns that have not been addressed. "We will forward a copy of the revised site plan upon receipt in the planning department. It is our intention to have a . ' . report recommending approval of the site plan agreement to the next Executive Committee of council scheduled for Wednesday April 23, 2003." April 17, 2003- revised site plan received- still no measurements or architect's seal. April 23,2003- Several residents attend Executive meeting and make presentations. Matter is deferred to General Council. May 5, 2003- General council Meeting- concerns are presented to council regarding the deficiencies in the plan. We ask to have the site plan measurements provided and returned to council's next meeting. Council is informed that the plaza owners are now under a time constraint by .the Ontario Municipal Board Decision and that the agreement wouldneed to be completed by May 23, 2003 in order to comply with the statue time requirement. Delaying the process by having the plan dimensioned would not allow enough time for the property owners to complete their agreement prior to the deadline. Council requests that the site plan agreement contain a clause that the work must be completed within 3 months. The Site Plan agreement is then approved. May 13,2003- Written portion ofthe Site Plan is endorsed by York Bancroft May 13, 2003 ( per decision order) City of St. Catharines advises Ontario Municipal Board that the imposed conditions have been fulfilled. August 8, 2003 - Site Plan agreement endorsed by the City of St. Catharines (Mayor and Clerk) Some 3 months after the OMB time requirement. 6 MONTHS PASS SINCE COUNCIL DESCISON October 23, 2003 Development co-ordinatior Bryan.Morris is contacted to request information on the status of the agreement. I was informed that the cost estimations and security deposits required by the site plan agreement had not yet been completed or received and that the land had never transferred. October 31, 2003 - Site Plan registered against title and the land finally transferred. November 5, 2003 - Site Plan stamped received in the Planning department THIS PLAN WITHOUT MEASURMENTS -FINALLY BEARS THE ARCHTECT'S SEAL. April, 2006 - I appeared before council and requested council direct staff to request the Ontario Municipal Board conduct a review of the process. Although I did receive some support from council - the request was denied. Property was sold in May 2006 to a numbered Ontario Corporation ·t • I Of . ' . In closing I would like to ask the following. We have always tried to act fairly. It is obvious that the current owners (whoever they are) of the bar and plaza don't intend to comply with their requirements. Even with all of this in mind- perhaps we could resolve the problem in the following manner: 1) The original agreement reached between York Bancroft and area residents - received by Paul Chapman- sent by John Crossingham- had a fence placed along the originallotline. As Mr. Crossingham's agreement states- this would provide a sound buffer from the plaza to the rear neighbors. 2) The owners of the bar need to comply with the liquor permit. No live music. 3) The owners· of the bar need to comply with site plan agreement - the dumpster should be located in its concrete container. 4) The owners of the bar need to restrict access to the rear yard- as they do no have a patio in place. Use of this area for smoking is prohibited by the Region's Smoking policy. 5) The owners need to restrict parking in the rear of the building. Thanks for your understanding. Marianne Murray --,;,.~;;.;.:,,.;.;.:...... \...... --·-==- ...... _ _ ... ~~~---- ""-"' -- HIV. 2 =0!81 l«a& '··==-="==··...... ~~\...:.__~I ~. -- ~ ...... ~--- ..... 3. . ·=-- EXISTINGONE STOREY ·- C0t+£RcJALPlAZA (5 !JilTs) \~ NOTE: NOFENCE OR LANDSCAPING ONAPPROVED SITE PLAN • • • • CURRENT PROPERTY BOUNDARY --• ORIGINAL PROPERTY BOUNDARY 0 Cit)£ of St. Catharines Statement of 0Qerating Revenues p June 30,2007 2007 Actual to % Budget 30-Jun Used REVENUES: General Levy 58,190,940 29,095,470 50.00% Urban Service Area Levy 7,340,347 3,670,174 50.00% Capping Adjustments 20,162 Tax Appeals & Write-offs (630,000) (318,609) 50.57% Commercial/Industrial Vacancy Allowance (200,000) 30,170 -15.09% Supplemental Taxes 900,000 17,782 1.98% Municipal Utilities 602,000 119,277 19.81% University & Hospitals 526,000 263,000 50.00% Local Improvement Rates 15,000 3,903 26.02% Contributions from other Governments 5,266,035 1,852,057 35.17% Licences and permits 1,783,500 970,445 54.41% Parking Meter Revenue 450,000 268,466 59.66% Rents, concessions, franchises 44,000 28,018 63.68% Fines 215,414 131,401 61.00% Service charges 38,500 20,475 53.18% Penalties and interest 1,850,000 832,984 45.03% Income from investments 5,374,275 2,559,872 47.63% Property sales 100,000 41,102 41.10% Miscellaneous revenue 745,146 25,752 3.46% 82,611 '157 39,631,899 47.97% City of St. Catharines Statement of 0(2erating Ex(2enditures June 30,2007 2007 Actual to % Budget 30-Jun Used EXPENDITURES: Members of Council 518,836 261,225 50.35% General Administration 9,914,711 4,643,616 46.84% Other general government 30,300 13,289 43.86% Otherfinancialexpenses 64,500 32,258 50.01% Provision for allowances Fire protection 19,048,207 5,646,204 29.64% Protective Inspection 1,859,880 855,339 45.99% Street lighting 1,565,000 590,189 37.71% Other protection 734,792 365,141 49.69% Sidewalks 1,335,909 251,187 18.80% Roadways 13,955,300 5,320,888 38.13% Street Cleaning 587,502 154,232 26.25% Drainage 2,097,796 1,030,317 49.11% Traffic control 1,270,616 671,773 52.87% Other public works 504,045 243,191 48.25% Environmental Monitoring 323,980 75,102 23.18% Assistance to aged persons 299,373 80,960 27.04% Parks and recreation 14,069,867 5,219,143 37.09% Other Cultural 1,606,684 532,447 33.14% Libraries 4,530,150 1,831,433 40.43% Planning, zoning and housing 1,859,002 509,189 27.39% Industrial and business development 1,070,370 497,009 46.43% Deficits provided 8,383,754 4,019,229 47.94% Other expenditures 42,583 26,864 63.09% Miscellaneous capital out of revenue 1,319,000 1,319,000 100.00% 8619921157 3411891224 39.30% City of St Catharines -2006 Vacancy Rebates -For Council JULY 30, 2007 APP# ROLL NUMBER ADDRESS APPICANT NAME YEAR REBATE AMOUNT TAX LEVIED COMMENTS 1385 3.007.07800 187 CHRUCH ST 1422391 ONTARIO INC 2006 $ 238.33 $ 13,413.97 1393 4.002.29500 63 KING ST BELL CANADA 2006 $ 4,267.41 $ 109,975.95 1434 4.002.26200 80KING ST HUGHSON BUISNESS SPACE CORP 2006 $ 30,802.79 $ 321,812.50 1476 2.036.12100 380 VANSICKLE RD FTA CONDOR HOLDINGS INC 2006 $ 6,053.31 $ 168,063.80 TOTAL $ 41,361.84 0 R APPENDIX Job Creation Partnership Proposal Outline of Work to be Undertaken by the Art Collection Co-ordinator: 1. Collections Management: a) Update inventory and label all objects in the art collection; b) Input available data in new database on all art and cultural property owed by City of St. Catharines; c) Complete filing system for art collection; d) Catalogue collection as required; e) Undertake additional research on the City's art collection as required; f) Co-ordinate the process of review of the collection for the PAAC, who may then make recommendations for items to be deaccessioned from collection; g) Report on storage needs. 2. Exhibition of the Art Collection in Public Spaces: a) Phase I: Undertake a mapping and renewal project of all artwork and archival materials on display at City Hall. Once the mapping is complete, produce a report including recommendation for relocation and replacement of works appropriate for City Hall. b) Phase II: Inventory public spaces in City-owned buildings, and make recommendations for the display of collection in these spaces. 3. Public Art Projects: a) Assist the Cultural Services Supervisor and Culture Co-ordinator with work related to public arts projects, as established by the Public Art Advisory Committee and Exhibit Sub-committee. This will include the call for submissions for art exhibits, as well as the development and installation of exhibits. b) Assist in the development of a plaque policy. c) Research public art programmes in other municipalities. s - 15- General March 20, 2006 Report from the Transportation and Environmental Services Department, Dated March 22, 2006 Re.: Completion and Release of Holdback Payments 2005 Walkway Repair Program Project Number POS-042 File: 18.2.10 This contract was successfully completed by Touchstone Site Contractors In . on November 4, 2005. The final construction cost amounts to $90,707.55 which is greater the tender amount of $89,796.05. This overrun is mainly due to additional work added the contract in order to quickly and effectively address a few priority repair locations. ere are sufficient funds in the project budget to accommodate this overrun. The Corporate Support Services Department has confi holdback. In accordance with The Construction Lien Ac e 10% holdback can be now be released. The completion and release ofholdback payme total $9,070.76. All of the above amounts include the 7. o Goods and Services Tax (G.S.T.). RECOMMENDATION: That approval be granted to e release of the completion and release of holdback payments in the total amount of$9,07. .76 to Touchstone Site Contractors Inc. with respect to Project Number POS-042, 2005 W Repair Program. FORTHWlTII. That the r mmendation contained in the report from the Transportation and Environmental Services epartment, Item Number 137 of the General Committee Minutes, March 20,2006, be ITEMN0.138 Report from the Transportation and Environmental Services Department, Dated March 13, 2006 Re: By-law Enforcement, Current Policy Review Possible Policy Adjustments File: 10.13.1 This report is a review of current and proposed changes for the enforcement of all City by-laws, with the exception of noise, parking, licencing and canine control. Changes to the enforcement of noise complaints are the subject of a separate report by Legal Services. Current Situation Currently the City has three staff dedicated to the enforcement of City by-laws. Staff is specialized in one of two areas of responsibility as follows: By-law enforcement on private property - two persons Property Standards enforcement- one person - 16- General March 20, 2006 The total number of complaints of by-law infractions on private property, in 2005, was 316. This included all waste, zoning, signs, pools on private property, and building code complaints. The building code and pools on private property complaints are given priority because they are seen as a direct threat to life safety. These resulted in an average of three site visits and took an average of ten weeks to gain compliance per complaint. The total number of Property Standards complaints in 2005, was 193. These complaints refer to the maintenance and upkeep of buildings on private property. On average it took three site visits and 20 weeks to gain compliance per complaint The total annual cost for this level of service is $265,000. With the exception of by-law enforcement on city owned lands the City operates under two general principles as follows: all action is based on complaint and the goal is compliance. The principle that all action is based on complaint directs enforcement to locations where the problems are identified by the public. It also limits the City's responsibility to the specific complaint, and creates a priority to the Provincial Offences Court because the problems are negatively affecting the general public. This results in a very high successful prosecution record for the problem properties. The second principle, that the goal is compliance results in a longer time to take any offending individual to charges. It does on the other hand, help with the success rate of all prosecutions. It also creates an environment in which staff has the ability to work with the land owners to solve the problems rather than just prosecuting every minor infraction. As part of this review, Staff surveyed six (6) Ontario municipalities in order to determine their current policies related to by-law and property standards enforcement. The municipalities surveyed were: MuniciQality Staff Level Remarks Town of Barrie 4 Property Standards only. By-law Enforcement, parking, animal control, licencing and signs are separate. City of Burlington 5 City ofKitchener 7 Town of Oakville g includes licencing City of Oshawa g City of Waterloo 6 All of the surveyed municipalities use a similar approach as St. Catharines with respect to by-law and property standards enforcement. With the exception of signs, licencing and obvious safety issues, all enforcement is done on a complaint basis. Oshawa and Burlington will accept verbal complaints as well as written. The goal in these cities is compliance, not charges and convictions. - 17- General March 20, 2006 Possible Changes a) By-Law Enforcement Currently, after a field investigation has been completed, the owner of the property is sent a letter, advising him of the by-law contravention and giving him thirty (30) days to comply. If there is no change, a second letter is sent. After 4 to 5 weeks, if there is no change, a third and final letter is sent to the owner. If there is still no change, the file is sent to the City Solicitor for legal action. In order to expedite the process, staff have recently eliminated the second letter. This will reduce the time frame by at least 5 weeks for those situations where compliance is not achieved after the first two letters. b) Property Standards Offences For property standards complaints, the process is somewhat different. The inspector will arrange to meet the owner on site to perform the initial inspection. The owner is advised of the nature of the contravention of the by-law and given a reasonable time to comply. A notice of non conformity is then sent to the owner. If there is no change, then a Property Standards Order is prepared, giving the owner sufficient time to comply (usually 4 to 5 weeks). During this time, the Order is registered on title. If there has been a substantial effort to achieve compliance, then an extension may be granted to the owner to complete the work. Ifthere is no change, the matter is referred to the City Solicitor to begin legal action. The time frames for compliance of property standards issues can vary widely, depending on the nature of the required work, which could be weather dependant if it is related to the outside of the structure. In order to expedite the process, staff have eliminated the notice of non-conformity to the owner. This should also reduce the time frame by at least 5 weeks. Staff continue to streamline the time required for this process while continuing to work with the owners in order to achieve compliance. c) Increase in Staff Levels In order to further reduce the time required to deal with complaints, additional by-law enforcement staff could be hired.- This would reduce the time between the receipt of the complaint and the initial field inspection. This time varies throughout the year up to 3 weeks at peak times. The remainder of the process would continue to be the same length under this scenario. The cost to provide an additional by-law enforcement officer is approximately $80,000 per year, which includes all benefits and expenses. Proactive By-Law Enforcement Notwithstanding the fact that the six (6) municipalities which were surveyed operate in essentially the same reactive mode as St. Catharines, a change to a proactive mode is possible. However, this would result in a considerable increase in the budget for by-law and property standards enforcement. The City has approximately 46,000 properties. In order to inspect all of these properties on a regular basis it would entail approximately 34,500 man hours ( 45 minutes per inspection). Given the magnitude of the required inspections, it is not feasible for proactive inspections to occur on a yearly basis. Ifinspections were to occur on a five (5) year cycle, it is estimated that it would require four (4) additional by-law enforcement officers plus additional support staff related to appeals and prosecutions. Depending on the number of contraventions found and the level of compliance, there could be significant staff time required for reinspections for compliance and prosecution. This would result in an increase of over $320,000 to the annual budget. It is expected that there would still be a need to respond to complaints that would still occur, given that proactive inspections would happen every five years. - 18- General March 20, 2006 A proactive approach would also result in the identification of hundreds oflongstanding by-law and property standards contraventions that have not been a concern of owners and neighbours. Staff expect that this would cause a considerable negative backlash to such a drastic change in enforcement policy. RECOMMENDATION: That the report from the Transportation and Environmental Services Department dated March 13, 2006, respecting By-Law Enforcement - Current Policy Review and Possible Policy Adjustments, be received for information purposes. MOVED BY COUNCILLOR KUSHNER: That the recommendation contained in the report from the Transportation and Environmental Services Department, Item Number 138 of the General Committee Minutes, March 20, 2006, be approved. CARRIED. I~MH~~~------~ Report from the Transportation and Environmental Services Department, Dated March 8, 2006 Re: Timber Lane/Ernest Street- Parking Restrictions File: 77.34.99 On February 6, 2006, Council received a report regarding the installation ofp on the inside of the curve where Timber Lane intersects with Ernest Street. that meeting, Council requested that staff investigate the possibility of installing the res ctions on the outside of the curve and installing delineators and/or curbs on the inside of the The parking issue on Timber Lane/Ernest Street was brought ab by a resident concerned that allowing parking on the curve, specifically the inside of the c e, posed a potential hazard for pedestrians and vehicles in the area. Staff investigated the quest and were supportive of restricting parking on the inside of the curve only. A co of the original report and diagram can be found in Appendix "L". Staff are not supportive of restricting parking o the outside of the curve. When parking restrictions are implemented on curves, it is dard practice to eliminate the parking on the inside of the curve. Restricting parking the inside of the curve will provide greater visibility to drivers approaching the curve. F ermore, the outside of the curve at the Timber Lane/Ernest Street intersection "bu s" out, thereby providing greater room for parking without interfering with vehicular flow. With respect to the install on of delineators and/or curbs, the street currently has curbs so their installation is not neces . The presence of curbs makes the installation of delineators redundant as there i equate protection for the adjacent properties. e opinion that parking restrictions should be located on the inside of the curve. -7- General Mayl4,2007 ITEMNO.l88 Report from the Transportation and Environmental Services Department, Dated May 8, 2007 Re: Pro-active By-law Enforcement File; 10.13.1 Council at its meeting of April2, 2007, requested staff to prepare a report on pro-active by-law enforcement. In 2006, staff prepared a report dated March 13, 2006 dealing with the current policy on by-law enforcement and possible adjustments to the policy at that time. Council approved that report at their meeting ofMarch 20, 2006 (copy of minutes attached as Appendix "D"). In that report, two changes were highlighted which have reduced the time frames required to achieve compliance for by-law enforcement as well as property standards offences. In 2006, the City received 363 complaints regarding by-law infractions, compared to 316 in 2005. The number ofProperty Standards complaints in 2006 was 202 compared to 193 in 2005. The total annual cost for the current level of service in 2007 is $279,000. As noted in the 2006 report, with the exception of by-law enforcement on city owned lands the City operates under two general principles as follows: all action is based on complaint and the goal is compliance. The principle that all action is based on complaint directs enforcement to locations where the problems are identified by the public. It also limits the City's respoDSibility to the specific complaint, and creates a priority to the Provincial Offences Court because the problems are .negatively affecting the general public. This resuhs in a vecy high successful prosecution record for the problem properties. The second principle, that the goal is compliance, results in a longer time to take any offending individual to charges. It does on the other hand, help with the success rate of all prosecutions. It also creates an environment in which staff has the ability to work with the land owners to solve the problems rather than just prosecuting every minor infraction. The City has approximately 46,000 properties. In order to inspect all of these properties on a regular basis it would entail approximately 34,500 man hours (45 mimrtes per inspection). Given the magnitude of the required inspections, it is not feasible for proactive inspections to occur on a yearly basis. Ifinspections were to occur on a five (S) year cycle, it is estimated that it would require four (4) additional by-law enforcement officers plus additional support staffrelated to appeals and prosecutions. Depending on the number of contraventions found and the level of compliance, there could be significant staff time required for re-inspections for compliance and prosecution. This would result in an increase of more than $320,000 to the annual budget. It is expected that there would still be a need to respond to complaints that would still occur, given that proactive inspections would happen every five years. The staff review of pro-active by-law enforcement that was reported in 2006 hasn't changed and staff feel that the current policy of responding to complaints is the most effective method of enforcement. RECOMMENDATION: That the report from the Transportation and Environmental Services Department dated May 8, 2007, respecting Pro-active By-law Enforcement be received for information purposes. FORTHWITH. ,. -8- General May 14,2007 MOVED BY COPNCILLQRKUSHNER: That the recommendation contained in the report from the Transportation and Environmental Services Department, Item Number 288 of the General Conunittee Minutes, May 14, 2007, be approved. CARRIED FORTIIWITH. Report from the Economic Development and Tourism Services Department, Dated May 3, 2007 Re: 2007 Dngon Boat Festival File; 35.60,4 For a number of years the St Catharines Museum has been operating an arurual Drago Festival on Martindale Pond. The event draws hundreds of participants, and is desi fundraising activity to support the Museum. In 2007, Wellspring Ntagara Cancer Support Foundation will also engage in fu,;lldrailsing as a partner during the event. An agreement is required with Wellspring sponsorships, expenses and promotion. Wellspring Nusgara Cancer Sup Foundation will receive all pledges by registrants as well as undesigoated pledges while e Museum will receive all other fees and revenues including but not limited to, registration fi vendor fees, parking fees. food and beverage proceeds and sponsorships. Wellspring Ni will seek sponsorships for pledge incentive prizes only, while the Museum will seek all o sponsorships fur the event. Wellspring Nl8g8nl Cancer Support Foundation will handle all nsibilities with pledge forms, secure entertainment for the event and ensure that volunteers present on or befure the day of the festival. Both Wellspring Nusgara and the Museum • represented as partners ofthe festival. A rental agreement is required with the supplier of on boats fur the event. Great White North Communications Inc., a Toronto-based company supplies dragon boats and related equipment to dragon boating events, is · to the Festival as the supplier. Museum volunteers, Festival partner volunteers, and staff ofthe Museum and its partners, have been trained to provide steering and other on-sit roles. The principal terms and obligations include a rental fee of$8,349.00 including taxes, t paid 114 ($2,087 .25) upon acceptance of Agreement, 1/2 ($4,174.50) on or befo June 29, 2007, and 1/4 ($2,087.25) on or befure July 13, 2007. In addition, the City White North Communications Inc. as an additional insured from July 22 to July 28, 2 7 with property insurance to a limit commensurate to the full replacement cost value ofall · leased from Great White North Communications Inc. on an "All Risks" basis. Finally City agrees to indemnify and hold Great White North Communications Inc. or its · tes harmless from and against all claims, losses, costs, damages, expenses, and liabilities f · reasonable legal fees) which may be suffered or incurred arising out of or as a result of relating in any manner whatsoever. be $8,349.00 whereas past Dragon Boat Festivals have raised between $13,000 and $30 fur the Museum. All funds raised are directed towards special collections, programs, and rojects at the Museum. with the use of funds guided by the Museum Board. 1\~ SITE ~;~-~1i ~'<~=:··"' '· ~) --'~;;.%"'??~. ~~··'·:1 ~1~~~·~_) ; 1 >•• ~ • ~ PROPOSED PROPERTY UHE EICJSTIHOPROPSnY UHE Pi!:OPOSE'DROAOSICUR8S FUTURE EXISTING ROADSICURBS DEVELOPMENT t2m CEHTRElJNEFIRE ROUTE AREA c::J FUTURE DEVELOPMENTAREA ~H~tt;~,=14,4SOm'~ !: !'-:-:-. \_(_) QA.TEWAYIEHTRAHCEFEATURE EXISTING CREEK j CROSSING '· : (PEDESTRIANCROSSING!"'-- \ _/ ______' :' "'"" II• I"'""''""'' "''•·'"I•U<•••.... -r..-.. ,,..,....,,.__,~••• ,,.,....w.t•ll,., ....,.,...... n< ~7~~~~~~~¥1~:· PlOTDATE: July5.2007 3Si(Om ~-o'·_ 455.0m . . -, : t-;. :".;. :rrn·_:·:-::-; ~-.i.··.·• o~. : .;: ;_j l 5.5m ~ ul Li 2.75m 1 ~ Typicalaisle ? width-6.0m 1 ~4.8m Typ•cal • Barrier Free Parking Stall Dimensions and Groupings ~ 430.0 r u LOCATION MAP W. SUBJECT LANDS KNOWN AS 1200 i 1242 FOURTH AVE. FILE 60 .35 .840 vol.2 L • Schedule 11 811 s;KETCH OF AREAS. OR MORTGAGE DIS"-_rtARGE PART OF LOT 1, CONCESSION 4 v 3EOGRAPHIC TOWNSHIP Of LOUTH, COUNTY OF LINCOLN, NOW IN THE :;tTY OF ST. CATHARINES REGIONAL MUNICIPALITY OF NI~GARA SCALE: 1 : 2500 WILLIAM A. MASCOE ONTARIO LAND SURVEYOR 6. 383 HE:C T ARE:S AI "' 15.772 ACRES 3.564 H£CTt4R£S = 8.806 A A~E:A \ = 6.383 H£CTAR£S = 15.772 ACRES WILLIAM A. MASCOE 8 SURVEYING L TO. 96 CHURCH STREET METRIC ST.CATHARINES, ONTARIO STANCES SHOWN ON THIS :ETCH ARE IN METRES AND PHONE:9D!S-641- 1007 F'AX:905-641-4424 ~N BE CONVERTED TO F'EET · EMAIL: mascoe.surveylng~CP on.aibn .cam f DIVIOINO BY 0.3048 l'lATI'"· AI or~IIC:T 0 ?nn... F"IIF•747? Q.E.W. :r: EP ~ 8.20m ~ Ci EX. x ~ I.J.J SH 3.15m 4.25m BOrn ~ w ~% - ...,_ /..-FUTURE I "" -----j ----- ""---- / NOISEWALL " I EX. GROUND " ..J / SANITARY AND WATERMAIN TRENCH REINSTATEMENT ROADWAY ROAD WIDENING, STORM SEWER, UNDER P06-211 CBMH l CURB & SIDEWALK INCLUDED IN QEW CONTRACT (TO BE PAID FOR ORIGINALLY PROPOSED WORKS ~ UPPER CANADA ~·~U::::= Rood. u.;t • MEADOWVALEMSI, CITY OF ST. CATHARINES -=-=CONSULTANTS Ontario L2W IAI ENG/NEERS/PI.ANN£RS ~'i~==:.~ ROAD CONFIGURATIONALTERNATIVES DRAWNBY: J.A. DWG. No: APPENDIX A SCALE:N.T.S. ~ 40mm SUPERPAVE (MTO) 75mm HL8 HS Q.E.W. 450mm GRAN 'A' BASE i i ·W 8.50m a. --- 2.0% EX GRAN.~------_ _:____ -r ... Li ....c... P41: .... -- .. · ·.. . . ' / FUTURE ' ---/ NOISEWALL EX.~~:NJ 2000 STM EX. DITCH TO BE z FILLED AND oUi BOULEVARDS REGRADED a:: as ..J:c~ ~~ ROADWAY 04( CB IJJ(.) PAVEMENT WIDENING AND CURBS TO BE INCLUDED IN QEW CONTRACT. (TO BE PAID FOR BY CITY). PROPOSED FINAL CONFIGURATION 281 Wartlndale Rocd, UnH: 1 ~ UPPERCANADA Sl Catharine. MEADOWVALEMSI, CITY OF ST. CATHARINES ~~CONSULTANTS Ontario L2W 1A1 ENG/HaRS/PL.ANHERS ROAD CONFIGURATION ALTERNATIVES ~ar.one:~=~==~~ DWG.No: APPENDIX B DRAWNBY: JA SCALE: N.T.S. ?< 1£ 1£ Q.E.W. 8.50m •W a._~ ~~ a.VJ ~ 1.80m 4.25m 3.15m 75mm HL8 HS ~ S/W 450mm GRAN 'A' BASE --~- 2.07. ------EX. GRA~~-.------' --./ / EX.:~.] 2000 STM 200111---STM- ROADWAY CB EX. DITCH TO BE z FILLED AND oUi BOULEVARDS REGRADED !t:Q!i ~ _~:I: ROADWAY PROP. ::;,~ O PROPOSED ADDITIONAL WORKS UNDER P06-211 201 .._,.Road,una 1 ~ UPPER CANADA St. Cotharfn• Ontario L2W !AI MEADOWVALEMSI, CITY OF ST. CATHARINES lllilliJII'CONSULTANTS ENGINf:ERS/PU.NNERS ~:~===:~ ROAD CONFIGURATION ALTERNATIVES DWG.No: DRAWNBY: J.A. APPENDIX c SCALE: N.T.S. < Appendix» QEW Widening related City Improvements and Project Number P06-211 Municipal Services Improvements- Meadowvale I Gladman Construction Update and Capital Budget Amen ..ment Future City Share of Option Option 2007 Estimated Costs Grand Total Cost Attribute Advantages Disadvantages Costs with MTO No. Description Construction Total Construction Total Construction Total Schedule September 2007 start Warranties All liability and warranties rest with a simrle contractor Contractor has agreed to maintain granular roadway at no Add to existing Interim maintenance cost to City I $1,020,000 $1,122,000 $305,000 $418,000 $1,325,000 $1,540,000 contract P06-2ll Contractor has agreed to quote lump sum prices for items Potential for overruns such as recycling of existing granular material. Must determine if reasonable pricing based on comparison i estimated cost to similar works, but not a competitive bid process Minimum 2 month delay for tender, contract award, Schedule preconstruction survey and start up I May be difficult to determine responsibility between two Warranties contractors New2007 2 Interim maintenance citYeffort and exPense reauired $1,050,000 $1,207,500 $305,000 $400,000 $1,355,000 $1,607,500 contract High potential as it is difficult to quantifY and pay for reuse Potential for overruns of granular material [No guarantee costs will be lower than Option 1, giVen estimated cost Competitive public tender timing constraints Schedule Immediate start Sidewalks delayed until2009 Rest with a single contractor for duration ofP06-2ll Warranties maintenance period Trench Restoration in Interim maintenance Contractor will maintain under original terms of contract 3 2007 with High potential as it is difficult to quantifY and pay for reuse $300,000 $330,000 $1,131,000 ######## $1,431,000 $1,692,000 revised road Potential for overruns Minimal for P06-2ll of granular material design No guarantee costs will be lower than Option I, MTO estimated cost contractor has notprovided quotation New pavement and granular material laid m 2007 removed Other in2009. Schedule Immediate start Sidewalks delayed until 2009 Rest with a single contractor for duration ofP06-2ll Warranties maintenance period Trench Restoration in Interim maintenance Contractor will maintain under original terms of contract 4 2007 with $300,000 $330,000 $725,000 $900,000 $1,025,000 $1,230,000 original road Potential for overruns Minimal for P06-2ll High potential as it is difficult to quantifY design No guarantee costs will be lower than Option I, MTO estimated cost contractor has not provided 'lllOtation Other Sidewalk on south side and north roadside ditches remain N AA CORRESPONDENCE LIST FOR THE MAYOR AND MEMBERS OF COUNCIL July 30, 2007 ITEM NO. Report from the Corporate Support Services Department Dated July 20,2007 Re: Communications and Notices File: 10.12.13 The Corporate Support Services Department has submitted for the information of Council, a list of letters, etc. received in the Department during the period July 6 to July 20, 2007. FROM SUBJECT ACTION 1. Mrs. B. Mrs. Eckstein has written objecting to taxpayer's money being spend Via e-mail Eckstein on the Rod Dowling sculpture to be displayed at City Hall. File: 35.60.74 2. Regional The Region has forwarded various media releases for the information Via e-mail Municipality of Council. File: 3 5.23. 99 of Niagara 3. Association of AMO has forwarded various member communications for the Via e-mail Municipalities information ofCouncil. File: 35.72.3 of Ontario 4. Association of AMO has forwarded a Report of the Secretary-Treasurer on Via e-mail Municipalities Nominations on the 2007-2008 AMO Board ofDirectors. File: of Ontario 35.72.3 5. Regional the Region has forwarded a copy of the Council Highlights from the Via e-mail Municipality Regional Council meeting held on July 5, 2007. File: 35.23.2 of Niagara 6. Regional The Board has forwarded the Board Report from the its meeting held Via e-mail Niagara Police on June 28, 2007. File: 35.23.26 ... Services Board 7. Federation of FCM has forwarded a notice respecting new funding for water and Via e-mail Municipalities brownfield projects. File: 35.72.3 of Ontario 8. Regional The Region has forwarded a Notice of a Public Meeting respecting Via e-mail. Municipality proposed Regional Wind Energy Policies, Regional Policy Plan of Niagara Amendment 5-2007. File: 35.23.99 9. Committee of The C of A has forwarded copies of notice for various hearings to be Via e-mail. Adjustment held on August 1, 2007, in Council Chambers at 5:00p.m. File: 60.81.2 RECOMMENDATION: That the list of communication and notices submitted by the Corporate Support Services Department received during the period of July 6, 2007, to July 20, 2007, inclusive, be received for information purposes; and that the additional communications and notices distributed to Council for its meeting on July30, 2007, be received for information purposes. FORTHWITH. ADDffiONAL ITEMS IN PACKETS, JULY 26, 2007 I. Pre-addressed envelopes from I st Media Group. 2.. June 2007 issue ofMilestones. 3. Niagara Water Strategy Annual Report 2006. 4. Canada's National Parks and Recreation Conference and Trade Show Program Guide. 5. July 2007 issue of The Port Reporter. 6. Notice of St. Catharines Hydro Shareholders Meeting. 7. Copies of correspondence respecting rezoning of 6I Moffatt Street. 8. Merritton Matters, Summer 2007. 9. Invitation to Piranhas Swim Team Meet, August II, 2007. IO. Copy ofLetter from Mayor McMullan to Minister of Transportation Respecting Ferry Service. II. Pre-addressed envelopes from Healthy Living Niagara.