The Corporation of the City of St. Catharines

SPECIAL COUNCIL MINUTES

Monday, May 01, 2017

Mayor Sendzik presented a verbal report on matters of community interest, and showed a clip wishing St. Catharines a Happy 141st Birthday.

There were none.

Council held a public meeting respecting Residential Infill and Intensification Development Review – Proposed Amendments to the Official Plan, Zoning By-law, and Related Development Review Procedures and Practices

Bruce Bellows, Senior Planner for Planning and Building Services, provided a presentation and overview of the proposed amendments to the Official Plan, Zoning By-law, Committee of Adjustment and related development review procedures and practices.

The Mayor first called upon those who had registered with the City Clerk's office, and then those who were in attendance who wished to speak in opposition to the proposal. Oscar Bordenve, Ron Vahrmeyer, Brian Skrydstrup, Greg Redden, came forward and provided the following comments and concerns:

•         amendment to zoning by-law is not necessary, should be more concerned about the design of the infill developments, to make sure they fit within the neighbourhood

•         Committee of Adjustment should remain as is and not expand timeline for giving of Notice from 14 to 21 days

•         Design Review Panel if approved by Council, should have clear criteria and only be for a one (1) year period, and then reviewed

•         a handbook should be distributed to all residents in radius of any infill developments taking place so they understand the Committee of Adjustment process

•         new zoning by-law averages are not good for developments - one size does not fit all

Council recessed at 8:42 p.m. and reconvened the public meeting, following a five minute recess.

The Mayor then called upon Mark Stevens to speak, who spoke in opposition of the proposal.  Mr. Stevens stated his opposition to the amendments being made to the Committee of Adjustment, and a Design Review Panel.

The Mayor then asked those who had registered with the City Clerk's office, and then those who were in attendance who wished to speak in support of the proposal. Eric Jones, Brian Duxbury, Dan Romanko, Glenn Barr, John Gittings, Richard Baker, Greg Hynde, and Robin McDonald came forward and provided the following comments:

•         Eric Jones thanked City staff for addressing the communities concerns within the detailed report they provided, and is happy that the City is looking at upgrading the level of design in neighbourhoods

•         Glenn Barr noted support of the Design Review Panel, but they are not in support of the zoning by-law amendments due to the chances of 'monster houses' being built on severed lots as infill development, as well as averaging regulations can be very expensive to developers

•         Council should be approving quality of infill projects, not quantity, zoning by-law will not help with infill

•         Robin McDonald requested the Committee of Adjustment create a procedural manual / booklet for residents affected by infill developments is a very good plan to have in place so people understand the process, and requested the City ensure tree targets for infill developments (private tree by-law)

The Mayor asked the Director of Planning and Building Services, Jim Riddell, for his summary comments. Mr. Riddell provided the following comments and, he, Mr. Bellows, and Judy Pihach, Manager of Planning Services answered Council's questions:

•         Staff recommended that notices and open houses be held for Site Plan

•         will bring forward the composition and pilot Design Review Committee in June, 2017

•         the City is in process of devising a manual for applicants and/or residents for the Committee of Adjustment process

•         the Zoning by-law is a living document process which staff will monitor for a year and then provide an evaluation along with analysis of the Design Review Panel pilot

•         the tree by-law is being looked at by the City at this time

•         parking is not under the jurisdiction of the Committee of Adjustment unless it is specific to an application - then it is within the mandate of the Committee

•         the Design Review Committee will look at Infill development requests in Heritage Districts, and apply all guidelines

Moved By:  Councillor Britton

Seconded By:  Councillor Phillips

That the time is now 10:30 p.m. and Council has outstanding business, Council move to go beyond the curfew of 10:30 p.m. for half an hour, until 11:00 p.m. FORTHWITH

Carried

Council reconvened

Councillor Siscoe requested that the motion be split and voted on in two parts.

Moved By:  Councillor Kushner

That Council approve the Official Plan Amendment No. 13 for the Residential Infill/ Intensification Development Review as outlined in Appendix 3.

That Council approve the Amendment to the City’s Comprehensive Zoning By-law
No. 2013-283 for the Residential Infill/Intensification Development Review, as outlined in Appendix 4, and with an additional amendment to the Zoning By-law to increase the maximum lot area requirement for a detached dwelling in the R1 zone from 490 m2 to 538 m2.

That Council rescind Interim Control By-law 2016-305 on June 12, 2017, barring any appeals lodged against Official Plan Amendment No. 13 and/or the Amendment to the City’s Comprehensive Zoning By-law No. 2013-283 for the Residential

Infill/Intensification Development Review Amendment.

That Council approve and identify established residential neighbourhoods as a priority area for establishing Urban Design Guidelines; and

That a comprehensive set of Urban Design Guidelines be prepared and used, together with other design principles and policies established in the Official Plan, in the review and evaluation of development and redevelopment and lot creation proposals in established residential neighbourhoods; and

That Urban Design Guidelines for established residential neighbourhoods be brought before Council on June 26, 2017 for approval in principle.

That Council approve the establishment of a Design Review Panel to provide knowledgeable design guidance and advise to staff and proponents alike in the review and evaluation of development/redevelopment and lot creation; and

That the Design Review Panel be first established as one (1) year pilot project to specifically evaluate lot creation proposals; and

That Terms of Reference to establish a Design Review Panel be considered by Council for approval on June 26, 2017.

That Council approve direction to routinely require, as a condition of lot creation approval in established residential neighbourhoods, that a Development Agreement be registered on title, and which will address conditions for future development design of the subject lands, including but not limited to site design, site servicing, grading, landscaping, tree protection, access, architectural details and building elevations; and

That the City’s Delegation By-law 2004-277 be amended to delegate approval authority for Development Agreements to the Director of Planning and Building Services.

That Council implements a two-step meeting process for consideration of Official Plan amendments, Zoning By-law amendments, and draft plans of subdivision and condominium, as follows:

“that the required legislative public meeting pursuant to the Planning Act be held for the express purpose of receiving public input on proposed Official Plan amendments, Zoning By-law amendments, and draft plan of subdivision and condominium, and that Council consideration of a staff recommendation report on proposed amendments be made at a subsequent Council meeting.”

That Council approve direction that, except for minor applications, public notice be given for new site plan approval applications, including major amendments to existing approvals for all types of development, and that a public open house meeting be required to present and discuss the subject application; and

That notice be given to all properties within a 120 metre radius of the subject lands.

That Council approve direction to extend the timeline for giving Notice of Hearing for Committee of Adjustment applications to 21 days; and

That Notice of Hearing, including posted notice signs, be amended to provide for simpler language, greater transparency, and direction to facilitate enhanced public input opportunities; and

That application forms be updated, and complete application requirements be amended to require more detailed information to evaluate proposals, including submission of concept plans vetted through the Design Review Panel; and

That changes to Committee of Adjustment processes, timelines, Notice requirements and application forms be phased in by September, 2017.

That Council approve direction to establish a platform through the City’s web site to provide systematic notice for all new submissions for all types of development application matters, including consent and minor variance applications.

That pursuant to Section 34 (17) of the Planning Act, no further public meeting is required with respect of the proposed Zoning By-law Amendment.

That the City Solicitor be directed to prepare the necessary by-laws; and

That the Mayor and City Clerk be authorized to execute 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.13, as amended, be processed by staff; and

That upon expiration of the appeal period, staff be directed to forward any appeals to the Ontario Municipal Board for consideration and final decision; and

Further, that the Clerk be directed to make all necessary notifications. FORTHWITH

...

That Council move to go beyond the time of 11:00 p.m., for 15 minutes. 
           Lost
 

That Council reserve the decision to the meeting of May 8, 2017 in order to allow time for a fulsome discussion.

That Council close the public meeting regarding the Residential Infill and Intensification Development Review – Proposed Amendments to the Official Plan, Zoning By-law, and Related Development Review Procedures and Practices.

The Mayor announced the public meeting was closed. He advised that persons wishing to receive formal notice of Council's decision arising from the public meeting should submit a written request to the Office of the City Clerk following the decision to be made on May 8, 2017.

There were none.

There were none.

Council did not address.

Council will meet In-Camera for the following purposes:

•         Advice that is subject to solicitor-client privilege, including communications necessary for that purpose

The Special In-Camera Session was held prior to Council at 5:30 p.m.

Moved By:  Councillor Phillips

Seconded By:  Councillor Siscoe

That Council does now reconvene from the Special In-Camera session; and

That Council receive report LCS-125-2017, regarding the Niagara Ice Dogs Licence Agreement - Recommendation Report, and that this matter be deferred to the meeting of May 8, 2017 for further discussion. FORTHWITH               
              Motion to Defer Carried

There were none passed this evening.

Moved By:  Councillor Bellows

Seconded By:  Councillor Harris

That, there being no further items of business, this meeting be adjourned at 11:01 p.m.

Carried

Certified Correct:Confirmed by:

____________________________________________

City ClerkMayor