The Corporation of the City of St. Catharines GENERAL COMMITTEE AGENDA Second Meeting, Regular, Monday, January 21, 2013 Council Chambers, City Hall
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The Corporation of the City of St. Catharines GENERAL COMMITTEE AGENDA Second Meeting, Regular, Monday, January 21, 2013 Council Chambers, City Hall His Worship Mayor Brian McMullan takes the Chair and opens the meeting following Item Number 10 on the Council Agenda Page 1. Call for Reports to be Brought Forward from Consent 2. Motion to Move Reports on Consent 3. Discussion Reports 4-6 3.1 Planning and Development Services, Implementation Bill 140, Strong Communities through Affordable Housing Act, 2011 (Deferred by General Committee, December 10, 2012, Item 3.10) 7-11 3.2 Economic Development and Customer Service, Economic Development and Tourism Niagara Folk Arts Festival Funding Agreement (Deferred by General Committee, January 7, 2013, See Item 4.2) 4. Consent Reports 12-34 4.1 Financial Management Services, Administration Cheque Register - Number Twelve 35-37 4.2 Financial Management Services, Accounting and Payroll Spectator Facility - Estimated Project Budgets and Operating Budget Impact Update 38 4.3 Economic Development and Customer Service, Office of the City Clerk Code of Conduct for Elected Officials - Annual Report Page 1 of 169 General Agenda January 21, 2013 Page 4. Consent Reports 39-41 4.4 Recreation and Community Services, Parks and Facilities Maintenance of Long Grass and Weeds on Boulevards 42-44 4.5 Transportation and Environmental Services, Geomatics Closing of Youngblut Street as shown on Registered Plan 519 and Lot 7, Registered Plan 519 lying east of Harcove Street and abutting Mennonite Brethren Senior Citizens Home 45-70 4.6 Planning and Development Services, Implementation Application to Remove Holding Designation from Zoning, 1242 Fourth Avenue, 1296 Fourth Avenue and 1958 Third Street Louth; Applicant: Upper Canada Consultants; File: 60.35.925 Vol. 2 71-85 4.7 Planning and Development Services, Implementation Application for Draft Plan of Subdivision Approval to Facilitate Business Park Development, 1296 Fourth Avenue and 1958 Third Street Louth; Applicant: Upper Canada Consultants; File: 60.46.394 86-87 4.8 Transportation and Environmental Services, Engineering and Construction Project P12-060 - 2012 Resurfacing Program Part 2 - Release of Completion Payment and Lien Holdback 88-89 4.9 Transportation and Environmental Services, Operations Request for Exemption from Noise By-law 95-198, QEW Pavement Rehabilitation, Victoria Avenue to Seventh Street Louth 90-134 4.10 Economic Development and Customer Service, Economic Development and Tourism Farmers Market Analysis 135-141 4.11 Corporate Support Services, Legal Services Lincoln County Humane Society Contract 142-169 4.12 Economic Development and Customer Service, Office of the City Clerk Council Correspondence 5. Other Business 6. General Committee (In-Camera) Council will meet In Camera for the following purposes: Page 2 of 169 General Agenda January 21, 2013 Page 6. General Committee (In-Camera) ● a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act That, pursuant to Sections 10 and 11 of the Municipal Freedom of Information and Protection of Privacy Act, this meeting be closed to the public to receive information from Mr. Max Cananzi, President/CEO, Horizon Utilities, concerning a confidential business proposal. Page 3 of 169 AgendaDeferred Item 3.1by General ... Committee Dec 10, 2012 Corporate Report Report from Planning & Development Services, Implementation Date of Report: November 20, 2012 Date of Meeting: December 10, 2012 Report Number: PDS-677-2012 File: 35.31.87 Subject: Bill 140, Strong Communities through Affordable Housing Act, 2011 Recommendation That Council receive for information purposes the report from Planning and Development Services dated November 20, 2012 regarding The Strong Communities through Affordable Housing Act. FORTHWITH Summary This report outlines the requirements of Bill 140, The Strong Communities through Affordable Housing Act, 2011, and how the City of St. Catharines will satisfy these requirements. Background On October 12, 2012, Council requested a report on Bill 140, Strong Communities through Affordable Housing Act, 2011. Report Bill 140, the Strong Communities Through Affordable Housing Act, 2011 Bill 140, the Strong Communities Through Affordable Housing Act, 2011 (SCTAHA) is the foundation for Ontario’s long-term commitment to affordable housing. The Act includes a wide range of actions to improve the affordable housing system, including amendments to the Planning Act. The changes for second units came into effect on January 1, 2012. Second units, also known as accessory or basement apartments, secondary suites and in-law suites, are self-contained residential units with kitchen and bathroom facilities within a dwelling or within structures accessory to a dwelling (such as a detached garage). Identified benefits of second units include: an increase in affordable housing stock; opportunities for additional income for homeowners; creation of a variety of housing types; and, increased densities in established neighbourhoods. The SCTAHA amended various sections of the Planning Act to facilitate the creation of second units by: Page 1 of 3 Planning and Development Services, Page 4 of 169 Implementation Agenda Item 3.1 ... • Specifically identifying affordable housing as a matter of Provincial interest • requiring municipalities to establish official plan policies and zoning by-law provisions allowing second units in detached, semi–detached and row houses (townhouses), as well as in accessory structures (a detached garage); • removing the ability to appeal the establishment of these official plan policies and zoning by-law provisions except where such official plan policies are included in five- year updates of municipal official plans; and, • providing authority for the Minister of Municipal Affairs and Housing to make regulations authorizing the use of, and prescribing standards for, second units. While the SCTAHA requires municipalities to permit second units, municipalities are responsible for determining what standards or zoning provisions should apply to second units. These provisions may include minimum or maximum unit size or parking requirements. The SCTAHA does not change any requirements under the Building Code, nor does it grandfather second units which were constructed without the necessary planning or Building Code approvals. Implementation the SCTAHA in St. Catharines In St. Catharines, Section 7.10 of the Garden City Plan permits accessory apartments in single detached, semi-detached and townhouse dwelling units, or in a detached structure accessory to a single detached, semi-detached and townhouse dwelling unit in accordance with applicable by-law requirements and other applicable laws and requirements, including the Building Code, Fire Code and Property Standards By-law. Currently, the City’s Zoning By-law permits duplex dwellings and second units in some but not all residential zone categories. Planning and Development Services is preparing a new comprehensive zoning by-law for Council consideration in 2013. The new comprehensive zoning by-law will implement the policies of the Garden City Plan and implement the requirements of the SCTAHA. Existing Second Units The SCTAHA does not grandfather existing illegal second units which do not have planning and building permits. Zoning compliance and Building Code compliance are still required to have illegal units permitted. Future changes to the comprehensive zoning by-law will not retroactively permit illegal second units which have been established without necessary approvals. Once the new comprehensive zoning by-law takes effect, it may be easier for homeowners to obtain the necessary planning approvals to permit a second unit, although compliance with the Building Code will still have to be demonstrated and a permit issued. Conclusion The SCTAHA includes a wide range of actions to improve the affordable housing system, including amendments to the Planning Act. These changes have been incorporated into the Garden City Plan and greater permission for second units will be included in the new comprehensive zoning by-law. These changes will not Planning and Development Services, Page 2 of 3 Page 5 of 169 Implementation Agenda Item 3.1 ... legalize exiting illegal units. Legalization of existing units requires compliance with the applicable zoning, and applicable building permits. Financial Implications Not Applicable. Submitted by: Judy Pihach, M.C.I.P, R.P.P. Manager of Planning Services Prepared by: Jessica Button, M.C.I.P, R.P.P. Planner I Approved by: James N. Riddell, M.Pl., M.C.I.P., R.P.P. Director of Planning and Development Services Planning and Development Services, Page 3 of 3 Page 6 of 169 Implementation Agenda Item 3.2 ... Corporate Report Report from Economic Development and Customer Service, Economic Development and Tourism Date of Report: December 7, 2012 Date of Meeting: January 7, 2013 Report Number: EDCS-001-2013 File: 35-60-20 Subject: Niagara Folks Arts Festival Funding Agreement Recommendation That the City of St. Catharines enter into an agreement with the Folk Arts Council of St. Catharines for the provision of services associated with the annual Niagara Folk Arts Festival at a rate of $26,000 per annum plus the in-kind contributions as indicated in the agreement to the maximum amount shown therein with the understanding that the Niagara Folk Arts Council is responsible for costs over and above for a period covering the 2013, 2014, and 2015 Festivals; and