G E N E R A L C O M M I T T E E M I N U T E S

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G E N E R A L C O M M I T T E E M I N U T E S
TWENTIETH MEETING REGULAR MONDAY, JUNE 20, 2011
Present: Mayor Brian McMullan Councillors Jeff Burch, Dawn Dodge, Mark Elliott, Matthew Harris, Joseph Kushner, Bill Phillips, Peter Secord, Mathew Siscoe, Len Stack, Jennifer Stevens, Greg Washuta, and Bruce Williamson
Officials Chief Administrative Officer, Mr. Colin Briggs; Assistant Director of Present: Corporate Support Services, Ms. Jeanette Pillitteri; Director of
Financial Management Services, Ms. Shelley Chemnitz; Director of Transportation and Environmental Services, Mr. Paul Mustard; Director of Planning Services, Mr. Paul Chapman; Assistant Director of Recreation and Community Services, Mr. Jim Benson; City Solicitor, Ms. Nicole Auty; Director of Economic Development and Tourism Services, Mr. David Oakes; Director of Fire and Emergency Management Services, Mr. Mark Mehlenbacher; Committee Secretary, Ms. Deanna Haine
Mayor Brian McMullan took the chair and called the meeting to order in Council Chambers, City Hall, at seven thirty-five o’clock p.m.
Item No. 312
Subject: General Committee Items Approved on Consent
RECOMMENDATION That Council approve the Consent items of the General Committee, June 20, 2011, save and except for those items brought forward for discussion, pursuant to Procedural By-law 2007-311, as amended. FORTHWITH.
MOVED BY COUNCILLOR WASHUTA That Council approve the Consent items of the General Committee, June 20, 2011, save and except for those items brought forward for discussion, pursuant to Procedural By-law 2007-311, as amended. FORTHWITH.
YEAS Councillors Kushner, Phillips, Secord, Siscoe, Stack, Stevens, Washuta, Williamson, Burch, Dodge, Elliott, Harris, and Mayor McMullan
NAYS
Item No. 313
Date of Report: June 13, 2011
File: 60.35.972
Subject: Amendment to Zoning By-law 68-121 (Zone 2) to Convert Ground Floor Commercial Space to One Apartment Dwelling Unit – 112 York Street
APPROVED ON CONSENT BY RECORDED VOTE (See Item Number 312 of the General Committee Minutes, June 20, 2011)
RECOMMENDATION That the report from Planning Services – Development, dated June 13, 2011, respecting the proposal to amend Zoning By-law 68-121 (Zone 2) to permit the conversion of ground floor commercial space to one apartment dwelling unit for lands known as 112 York Street, be referred to City Council for consideration after the Public Meeting scheduled for July 11, 2011. FORTHWITH.
SUMMARY The purpose of the application is to permit the conversion of ground floor commercial space to one (1) apartment dwelling unit for a total of four (4) apartment dwelling units (three (3) existing and one proposed).
BACKGROUND The existing ground floor commercial space has been vacant for some time, and the owners are interested in converting the space for residential use. The proposed rezoning would result in the creation of a four (4) unit apartment building – one (1) proposed unit and three (3) existing.
REPORT
Site Analysis
a) Location: The property is located in the northeast corner of the intersection of York Street and Pleasant Avenue (see Appendix “C”).
b) Existing Land Use: i) Site: There is an existing two storey mixed commercial/residential
building on the subject property which has frontage of 7.9 m (26 feet) on York Street with a lot area of 233 square metres (2,598 square feet). There are three (3) existing apartment dwelling units and vacant commercial store front space. One (1) legal parking space exists at the rear of the building on Pleasant Avenue.
ii) Neighbourhood: North: Mixed Commercial Residential South: Multiple Residential (apartment building) West: Single Detached Residential East: Single Detached Residential
c) Official Plan The City’s existing Official Plan designates the lands Neighbourhood Residential permitting a wide range of residential uses including apartment buildings. The proposal does not require an amendment to the Official Plan.
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The Garden City Plan (GCP) (adopted by Council August 23, 2010, currently before the Region for final approval) designates the lands Neighbourhood Residential permitting all types of residential uses including apartment buildings. Schedule E4 (Central Planning District) of the Plan designates the lands Medium Density Residential which permits detached, semi-detached, duplex, multiple attached, tri-plex and apartment dwellings at a density range between 33 and 99 units per hectare of land. The proposal also complies with the Garden City Plan (GCP).
d) Zoning Zoning By-law 68-121 (Zone 2) zones the subject lands Neighbourhood Commercial (C3) which permits a wide range of commercial uses as well as apartment dwelling units behind or above the commercial use. The current zoning does not allow the entire use of the building for residential use and, consequently, an amendment to the zoning by-law is required.
Circulation Comments The application was circulated to all appropriate departments and agencies.
The Region of Niagara Development Services staff has no objection to the proposed zoning by-law amendment as it complies with Provincial and Regional land use policies. However, since the proposal is to convert commercial use to more sensitive residential land use, the Region requires the filing of a Record of Site Condition (RSC) in accordance with Ontario Regulation 153/04. According to Transportation and Environmental Services, a Record of Site Condition (RSC) will not be required prior to the issuance of any building permits based upon a review of Ontario Regulation 153/04.
Recreation and Community Services requests, as conditions of approval, that the area between the front of the building and the sidewalk be reinstated from asphalt to sod and a fee of $400 be deposited in the City’s tree account for a boulevard tree.
Public Open House A public open house was hosted by Planning Services on May 25, 2011. The purpose of the open house was to present the applicant’s proposal and allow an opportunity for questions to be asked and comments to be received by City staff before decisions are made.
No members of the public attended the meeting.
Planning Considerations Residential intensification in existing mature neighbourhoods with full urban services is mandated by the Provincial Greenbelt Act (2005), Provincial Policy Statement (2005) and in the Growth Plan for the Greater Golden Horseshoe (2006). As well, it is supported by the Regional Policy Plan. The Provincial Policy Statement requires that the City provide for an appropriate range of housing types and densities to meet the requirements of current and future residents. Increased housing densities are to take advantage of existing infrastructure and public transit facilities. The proposal complies with both Provincial and Regional land use policies.
Section 3 of the Plan states that the goal is to produce and maintain the opportunity for an adequate supply of dwelling units in attractive neighbourhoods and to improve the liveability of the community, improve cost efficiency, support environmental sustainability and allow for more adaptability and flexibility. One way to achieve this objective is to allow for a range of housing types.
Section 3.3 of the Official Plan states that the overall goal of the residential policies is maintain the character of existing neighbourhood having regard for context and compatibility. Staff is of the opinion the proposed conversion of the commercial space to residential space (one apartment dwelling unit) will improve compatibility
and enhance the character of the residential neighbourhoods. Therefore, the proposal is in keeping with the residential land use policies of the Official Plan.
The new Garden City Plan (GCP) (passed by Council August 23, 2010, currently awaiting Regional approval) designates the lands Neighbourhood Residential permitting a range of housing types and densities subject to the policies of the Plan. Schedule E4, Central Planning District, further designates the lands Medium Density Residential permitting apartment buildings as well as other residential types. Section 8.2 of the Plan promotes residential intensification where appropriate and compatible in fully serviced built-up areas. The proposal is deemed to comply with the Plan.
It is staff’s opinion no significant impacts are anticipated in the immediate neighbourhood. With the exception of the Record of Site Condition (RSC), no concerns have been identified by City departments or outside commenting agencies regarding the change in land use. As well, no written or verbal submissions regarding the application have been received from residents in the immediate area.
With respect to parking, the site will continue to have one legal parking space in the rear yard with access to Pleasant Avenue. The parking demand for one apartment unit is less than the parking demand for a commercial use. Off-site parking opportunities are available on both York Street and Pleasant Avenue.
The existing building covers 71.9% of the lot, and there is no landscaped open space. The front of the property is asphalt and concrete. It is appropriate to retain the rear yard for parking (refer to Appendix “D”).
There is a concrete walkway along the front wall of the building. The remainder of the front yard as well as the area between the front lot line and the curbside sidewalk (boulevard) have been asphalted. This area has been illegally used for parking in the past. Staff has no concerns with retaining the concrete walkway along the front of the building, but recommends that the asphalt area be returned to landscaped open space. This will improve overall site design and the esthetic appearance of the property as well as eliminate illegal and irregular parking. The conversion of the front yard to landscaped open space better reflects the residential use of the building.
Since site plan approval does not apply to residential uses with four (4) units or less, conditions related to the proposed rezoning will be required to be met prior to the removal of the Holding (H) designation.
In accordance with established procedures, the date for the public meeting is provided in the recommendation and notices for the public meting have been circulated.
Staff Recommendation That approval be granted for an amendment to Zoning By-law 68-121 (Zone 2), for lands described as Part of Lot 27, Registered Plan CY-96, known municipally as 112 York Street as follows:
The subject lands be rezoned from Neighbourhood Commercial (C3) to Fourth Density Residential Holding (R4-H) subject to the following provisions:
i) Permitted Uses Apartment Building (maximum 4 dwelling units)
For only the building existing on the date of adoption of this by-law, the following provisions shall apply:
i) Minimum Lot Area 230 square metres ii) Minimum Lot Frontage 7.9 metres iii) Minimum Front Yard 0.4 metres
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iv) v) vi) vii) viii)
Minimum Side Yard Minimum Flanking Yard Minimum Rear Yard Maximum Lot Coverage Minimum Number of Parking Spaces
0 metres 0 metres 4 metres 73 % One (1) Parking Space
The Holding (H) designation shall be removed by Council, without further public hearing once:
i) The front yard, except the concrete walkway, has been returned to landscaped open space to the satisfaction of the Director of Recreation and Community Services.
ii) The City boulevard has been sodded to the satisfaction of the Director of Transportation and Environmental Services.
iii) A fee of $400 has been deposited with the City for a boulevard tree.
and that the City Solicitor be directed to prepare the necessary by-laws to give effect to Council’s decision;
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 Mr. Lou Biagi, 36 Meadowbrook Crescent, St. Catharines, Ontario L2M 7H1, be so advised.
FINANCIAL IMPLICATIONS Not applicable.
CONCLUSION For the reasons outlined in this report, Planning staff support the conversion of the vacant commercial space within the building to an apartment unit. The recommended zone provisions reflect the existing building and no new additions to the building are proposed. Conditions to be met as part of the Holding designation shall improve the streetscape by adding landscaped open space where asphalt currently exists.
Item No. 314
File: 35.31.62
Subject: Niagara Peninsula Rail Service Expansion Class Environmental Assessment Study and Preliminary Design
COUNCILLOR WASHUTA DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 314 of the General Committee Minutes, June 20, 2011, stating that the item relates to his wife’s employer.
RECOMMENDATIONS That City Council endorse the extension of rail service to the Niagara Peninsula in 2015;
and that the service, when instituted, should be to the St. Catharines VIA station (Option 3);
and that the service should be extended to Niagara Falls as soon as the issue of rail/ship conflicts at the Welland Canal are addressed to allow guaranteed crossing times for all passenger trains (GO and VIA);
and that two way morning and afternoon service be initiated rather than the traditional to Toronto in the morning peak and from Toronto in the afternoon peak;
and that St. Catharines Transit provide more detailed information in future budget submissions on the impact of linking the St. Catharines Transit Service to GO train weekday service to St. Catharines as the implementation strategy and site design are developed;
and further, that the City Clerk be directed to make the necessary notifications. FORTHWITH.
BACKGROUND In November of 2009, an Environmental Assessment (EA) and Preliminary Design Study were initiated for GO train service to the Niagara Peninsula. The study report was posted on the ESR on May 19, 2011. The study has been completed in accordance with the GO Transit Class EA process for the expansion of GO train service. The study reviewed potential sites for new stations, train storage and maintenance facilities, and also identified potential improvement to the existing rail line within the corridor.
The deadline for comments is July 3, 2011.
REPORT Report Summary of Key Conclusions The EA report examines the complete corridor and provides recommendations for the complete corridor. The earliest that service could begin in the corridor is 2015 if funding is available from the Province. Detailed engineering designs are required prior to the actual construction of the proposed improvements. This report addresses matters related directly to St. Catharines and to a lesser extent to the Niagara Region.
The EA report recommends seven stations sites:
1. Hamilton – James Street North 2. Hamilton – Centennial Park/Confederation Park 3. Hamilton – Fifty Road (future site) 4. Grimsby – Casablanca Boulevard 5. Beamsville – Ontario Street (future site) 6. St. Catharines – existing VIA station 7. Niagara Falls – existing VIA station
The report also recommends three train layover areas depending on what service is implemented:
1. Hamilton – Lewis Road 2. St. Catharines – east of Glendale Avenue north of the CN mainline 3. Niagara Falls – Existing yard
The train layover area would accommodate four trains, a crew centre, a refueling facility, and staff parking.
To implement the extension of GO service, east of Grimsby will require the double tracking of approximately 4.2 km of track in Hamilton (already approved as part of an EA for service upgrades in Hamilton) and 16 km of track between Nelles Road in Grimsby and 15th Street in the Town of Lincoln. The latter can be accommodated within the existing right of way.
Staff concurs with the recommended station site and train layover facility potentially located in St. Catharines. There will be detailed design studies completed for upgraded facilities and access prior to the implementation of the services. There will be opportunities for municipal and public input as part of the design process.
The report recognizes that future grade separation may be required at Louth Street and Glendale Avenue dependent primarily in future traffic volumes. These upgrades would be subject to individual study and are not included in the costs for the implementation of the train service. These two locations have been identified in the past as potential grade separation projects.
The report presents 4 options for the implementation of GO service to Niagara:
• Option 1 – extend to Confederation Station (new) in east end Hamilton ($177.8 million)
• Option 2 – extend to Casablanca Station (new) in Grimsby ($187.8 million) • Option 3 – extend to St. Catharines ($203.8 million) • Option 4 – extend to Niagara Falls ($988.6 million)
The EA report does note two specific matters related to implementation:
1. That Option 2 has the advantage of expanding the service into the Niagara Region and thus serve the population here better than Option 1; and
2. That without either a grade separation at the Welland Canal or guaranteed time blocks for passenger trains, Option 4 is problematic in terms of reliable service.
Based upon review, it appears that EA has been conducted in accordance with the requirements outlined in Provincial documents. Staff has not identified any deficiencies or omissions related to the information provided for St. Catharines.
Issues There are four issues identified by staff for Council’s consideration:
1. Where should service go? 2. What type of service should be provided? 3. What are the implications for the City’s transit service? 4. What are the land use implications?
Where should the service go? To best serve the entire Region, the service should be extended to Niagara Falls (Option 4). At the present time, ships in the Welland Canal have priority over trains. As such, if service were extended to Niagara Falls, morning and evening trips could be significantly disrupted. This would make the service less attractive to the public and likely lengthen the time for additional service to be provided. There are two solutions to the canal crossing, a grade separation or guaranteed train time for the service when the bridges would not be raised for a ship. The first is very expensive and would have significant land use impacts as the tunnel approaches would need to be approximately two (2) miles long on either side of the canal, like the Townline Tunnel in Welland. The second approach would appear to offer the opportunity for service at a significantly lower cost to the public and should be pursued.
In the interim, City staff recommend Option 3. It would bring commuter rail service to St. Catharines and be better able to serve the entire Niagara Region in the interim until Option 4 can be implemented. It is also supportive of the City’s planning and economic development policies and indeed of Provincial policy direction outlined in Places to Grow. Bringing GO train service is seen to support the Urban Growth Centre identified in the Places to Grow Plan. The arrival of the train service would also be supportive of provincial direction outlined in the Provincial Policy Statement (PPS) to encourage strong communities and to encourage infill and redevelopment in accordance with the PPS. The commuter rail service would also stimulate the redevelopment of the Western Hill Neighbourhood in accordance with recently adopted Garden City Plan. Option 3 is preferred over Option 2 and costs only approximately 10% more than ending the service at Casablanca Drive in Grimsby.
If other options are being considered, Option 2, the extension to the new Casablanca station in Grimsby is preferred over Option 1, the extension to the new Confederation station in Hamilton.
Two Way Service When GO service is introduced, it normally is focused on moving people into the GTA in the morning rush hour and out of the GTA in the evening rush hour. To gain maximum benefit for St. Catharines and Niagara Region, morning and evening service should be two way. This provides the opportunity for those living in Hamilton and beyond to commute into St. Catharines and Niagara for work. This type of service would have significant economic benefits and assist in the implementation of the Urban Growth Centre identified in the Places to Grow Plan. It would also assist educational institutions such as Brock University, Niagara College and Ridley College in attracting students. With the new hospital being located in west St. Catharines, there may also be benefits to the Niagara Health Systems in attracting staff to work in their system.
The EA report identifies a significant component of travel into the Region in the morning peak. This type of service would better serve these needs.
Implications for Transit Based on standard GO operating procedures, the following changes would be considered:
1) One bus route from the north end of the city to connect the GO train;
2) One bus route from the south east end of the city to connect to the GO train.
Based upon available information, these routes would operate with four (4) trips in each of the morning and evening rush hours. The net additional operating cost would be approximately $300,000 per year. The existing Route 15 (West St. Catharines) would also serve the station, but would not be modified.
Without more detailed information in terms of proposed train times, the layout of the station grounds and the amount, if any, of GO bus service to the GO train, it is difficult to provide specific comments. As these details become available, these proposals would be modified. Staff would be reporting to the Commission as soon as information is available.
Land Use Implications Council has recently adopted a new Official Plan that is awaiting approval at the Region. This plan contains a District Plan that was developed from the Western Hill Revitalization Strategy. The Strategy was based in part on the GO train coming to St. Catharines and resulting land use changes. These changes would impact the lands in and around the station site, on St Paul Street West, and in the old commercial core of Western Hill. The sooner that the GO train service comes to St. Catharines, the sooner the land use changes could potentially start to occur.
Council should be aware that the eastern end of the TRW property would likely be affected by the new GO service as part of the site would be required for bus parking and related facilities. These facilities would be linked through a tunnel under the tracks to the station building for access to GO ticketing and train access.
FINANCIAL IMPLICATIONS The financial implications for the City relate to the need for upgraded city bus service and possible road/access improvements in the future. These are unknown until detailed designs are completed. The Transit Commission will be providing more detailed information in the future concerning this matter as part of budget submissions.
NOTIFICATION 1) That a copy of this report be forwarded to Mr. Andreas Grammenz, EA Project
Leader, GO Transit, 20 Bay Street, Suite 600, Toronto, ON M5J 2W3 and Mr. Leonard Rach, Project Manager, R. J. Burnside & Associates Limited, 15 Townline, Orangeville, Ontario, L9W 3R4.
2) That the Clerks of all area municipalities and the Niagara Region be provided a copy of the report.
3) That all MPPs from Niagara be provided a copy of the report.
Item No. 315
File: 35.60.30
Subject: District School Board of Niagara Accommodation Review
COUNCILLOR SISCOE DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 315 of the General Committee Minutes, June 20, 2011, stating that the subject matter relates to his employer.
COUNCILLOR WILLIAMSON DECLARED A CONFLICT OF INTEREST (Pecuniary) to Item Number 315 of the General Committee Minutes, June 20, 2011, stating that the subject matter relates to his employer.
RECOMMENDATION That the report from Planning Services – Policy, dated June 14, 2011, regarding the District School Board of Niagara (DSBN) Accommodation Review Study, be received for information purposes;
and that staff consult with representatives of the City of Thorold to identify common concerns and issues;
and that staff, in conjunction with the Region and other municipalities, work with DSBN staff to identify common issues and approaches that can be taken to these problems including but not limited to changes in Provincial policy. FORTHWITH.
SUMMARY The purpose of this report is to outline the process the DSBN will be undertaking to determine a course of action to deal with the problem of a decreasing enrolment and aging school facilities. This report also stresses the importance of assessing the potential impact of altering the school structure on the City’s new direction in terms of sustainable development and complete communities.
BACKGROUND A Facility Report for the DSBN undertaken in the Spring of 2011 documented trends showing decreasing enrolment for both elementary and secondary schools in the Region as well as an increasing financial impact of maintaining aging school facilities. The DSBN subsequently approved an in-depth accommodation review process.
REPORT A number of factors such as changing demographics (an older population) and a declining manufacturing sector which limits employment opportunities have led to a significant declining school enrolment. Between 2006 and 2009, elementary school enrolment declined by 20% (5,717 students) and is expected to decline by another 2,968 by 2020. Similarly, secondary enrolment declined by 7% (1,076 students) and is expected to decline by another 3,106 by 2020.
In addition, the DSBN has some of the oldest facilities in Ontario with approximately 80% of school facilities being in excess of 40 years old. Short term solutions such as repairing and upgrading these facilities are becoming increasingly cost prohibitive.
To deal with these growing problems, the DSBN is undertaking an accommodation review process which will examine a variety of options including consolidation of schools, renovating schools, school closures, and building new schools. A number of accommodation review committees (ARC) will be established. Each ARC will take approximately 7-8 months. The entire process will be completed in three years.
The process will include an extensive public participation component including municipal involvement. Municipal involvement is crucial in that there may be potentially significant impacts on the City of changing the school structure.
For St. Catharines, the following areas and schools are proposed to be subject to review:
• Phase 1 – Central and South St. Catharines and Thorold Secondary – Thorold Secondary School, Sir Winston Churchill Secondary School, West Park Secondary School, St. Catharines Collegiate, Kernahan Park Secondary School;
• Phase 2 – Central St. Catharines Elementary Schools – Maywood, Memorial, Alexandra, Connaught
• Phase 3 – North St. Catharines Elementary Schools – Carleton, Dalewood, E.I. McCulley, Lincoln Centennial, Meadowvale, Parnall, Prince Phillip, Prince of Wales, Sheridan Park
The process for review follows provincially established guidelines and involves the creation of a multi stakeholder committee including representatives of DSBN staff, teaching staff, parents, and community partners. Public consultation is included in the process. DSBN requested that the City name a person to sit on the committee for the ARC for the high schools, and Judy Pihach, Manager of Planning Services has been appointed by the CAO to represent the City.
St. Catharines has recently approved a new Official Plan – the Garden City Plan, which provides direction based on the concepts of sustainability and complete communities. These concepts basically support a compact, walkable, well connected community that is economically, environmentally, socially, and culturally sustainable. It should be noted that these concepts are also Provincial directives that municipalities are obligated to implement.
Schools, particularly elementary schools, can play an integral role, not just as educational institutions, but as community anchors that support greater community interaction and stronger community identity and cohesion. It is imperative, therefore, that any study to determine future school structure takes into account the effect on the entire community.
The provision of facilities and the allocation of staff and financial resources required to educate children is clearly the mandate of the DSBN, not the City. However, schools, elementary schools in particular, have been the focus of traditional and suburban neighbourhoods. With changing demographics including an aging population and lower birth rates, the traditional pattern of school locations is difficult to maintain given current educational funding models and approaches to education. It now takes a much larger developed area to fill an elementary school than in 1960.
Although the outcome of any ARC cannot be predetermined, it is clear that the existing system has significant surplus capacity and that there are financial implications on maintaining the current system that could impact the quality of education for the student. There will likely be recommendations for some closings.
In addition to the school supply issue, there are also broader community concerns that must be considered. The Provincial Policy Statement calls for the development of strong communities. Efforts to infill and revitalize older neighbourhoods are in areas where many of the schools with significant surplus capacity are located. In the past, parents have often sought locations close to elementary schools so that their children can walk to school. Today, with concerns with child safety and often two parents working, driving children to school has become a more accepted, albeit, perhaps undesirable norm. Closing of local schools means that more students are bussed, and this has implications for the health of our young people. The loss of an identifiable neighbourhood centre is also a community consideration. If existing neighbourhoods are to be revitalized with a diverse population, the lack of elementary schools could be a significant locational decision making factor for young families.
The ARC process also creates some opportunities. Although a building may be too large for the school needs, there are other community facilities that can be provided to assist with keeping school buildings open. Traditionally, such uses have included day care facilities, but in the future they could include uses such as local public health outreach offices, municipal recreational programming, medical clinics, and space for community centres. Clearly, uses such as non-profits that have limited capacity to pay for space can use the space but do little to address the cost of maintaining facilities.
Closed school sites are also potential redevelopment infill sites. This is one means of the city achieving its infilling goals. Schools with larger sites and depending upon their location may be appropriate for medium and higher density developments. Larger sites for infilling allow more flexibility in site design and in providing a variety of housing types.
In 2009, the Smarter Niagara Steering Committee (SNSC) established a working group to look at the relation between schools, community, and the Region’s smarter growth program. This working group is expected to report later this year. There may be recommendations from their work that will inform the discussions in the ARCs.
Given that one of the high schools in the Phase 1 review is located in Thorold, it would be desirable for municipal representatives to meet to discuss common concerns.
The creation of healthy, diverse neighbourhoods is a goal of community planning. Discussion with the DSBN in terms of problems/inequities with the current funding model should also be considered. The potential conflicts between the intent of the Provincial Policy Statement and other ministerial guidelines and funding should also be explored.
FINANCIAL IMPLICATIONS There are no financial implications.
CONCLUSION The DSBN is undertaking a study to deal with serious problems regarding decreasing enrolment and aging school facilities. Solutions may include school closures, building new schools, consolidating schools, and renovating schools. At the same time, the Municipality has recently approved a new Official Plan based on the principles of sustainability and complete communities. Schools have traditionally been an integral part of the community and it is imperative that the Municipality participate in the DSBN process and establish the complete communities concept as a major criterion in the decision making process.
Item No. 316
File: 35.23.45
Subject: Development of Alternative Growth Scenarios to Support Resolution of Appeals to the Region of Niagara Policy Plan Amendment 2-2009
RECOMMENDATION That the City of St. Catharines not support any of the four alternative reallocation growth scenarios currently prepared by the Region of Niagara in response to the appeal lodged to the Ontario Municipal Board against Regional Policy Plan Amendment 2-2009 (RPPA 2-2009) by the Township of West Lincoln;
and that the Clerk be directed to make the necessary notifications. FORTHWITH.
SUMMARY The Township of West Lincoln has lodged an appeal to the Ontario Municipal Board against Region of Niagara Policy Plan Amendment 2-2009. The appeal is based on concerns by West Lincoln that population, household and employment growth allocations contained in the Regional Policy Plan Amendment are inadequate to accommodate West Lincoln’s growth expectations and application for an urban area boundary expansion. In response, the Region has prepared alternative growth
scenarios in an attempt to resolve the appeal prior to an Ontario Municipal Board hearing. The alternative growth scenarios affect all local municipalities in the Region. Planning Services staff do not support any of the alternative growth scenarios put forth by the Region to date, as they will significantly compromise the City’s ability to achieve the land use planning framework and growth directives established in the City’s new Official Plan, the Garden City Plan and Provincial policy direction in the Places to Grow Plan.
BACKGROUND In May 2009, the Region of Niagara adopted Amendment 2-2009 (RPPA 2-2009) to the Region of Niagara Policy Plan. The Amendment incorporates policy requirements from the Provincial Places to Grow Act as well as growth directives and forecasts established in the Niagara 2031 Growth Management Strategy completed in 2009. The Growth Management Strategy directive and forecasts establish population, household and employment allocations to the year 2031 for each of the 12 local municipalities within the Region (see Appendix “E”). Each local municipality is required to incorporate the growth allocations within the local Official Plan, and establish appropriate land use planning policies to facilitate the allocation.
Amendment 2-2009 has been appealed to the Ontario Municipal Board by a number of parties, including the Province and the Township of West Lincoln. One of the concerns of West Lincoln is that growth allocated to that municipality through Amendment 2-2009 is inadequate to accommodate West Lincoln’s growth expectations and application before the Region for an urban area boundary expansion.
The processing of appeals to Amendment 2-2009 before the Ontario Municipal Board has, however, been deferred to first allow opportunity to resolve issues of appeal by resolution rather than hearing.
In response, and in support of West Lincoln’s concerns, the Region has developed four (4) new scenarios for re-allocating future population, households and employment across the Region, and which impacts growth allocation to all 12 local area municipalities. These are identified as Scenarios 2 - 5 in Appendix “E”.
The Region has not endorsed the principle of reallocation nor any of the four (4) alternative scenarios, but rather, is offering the scenarios as potential solutions to West Lincoln’s concerns. At this time, Regional Council has directed that the reallocation scenarios be circulated to local area municipalities for review and comment.
REPORT Current Growth Allocation The City’s new Official Plan, the Garden City Plan, incorporates 2031 population, household and employment allocations established for St. Catharines that are contained within Regional Policy Plan Amendment 2-2009. These allocations were derived through the Niagara 2031 Growth Management Strategy in consultation with the municipality, and are as follows:
Population Households Employment
4,130
The allocations are relatively modest in terms of overall growth. They are based on estimated capacity of potential development on the City’s vacant residential and employment land supply; the accommodation of minimum population and employment density targets established for the City’s Urban Growth Centre (Downtown) by the Provincial Places to Grow Plan; and allowance for intensification and redevelopment opportunities along the City’s major road and intensification
corridors, mixed use areas, at major nodes, and on brownfield and greyfield development sites in keeping with Provincial and Regional intensification policies and targets.
Alternative Growth Allocations The four alternative growth scenarios are included in Appendix “E”. All of the alternative growth scenarios proffered by the Region of Niagara represent a significant reduction to the current allocation of population, households and employment to the municipality.
Three of the alternative scenarios reduce the City’s 2031 population forecast by between 45% and 54%, and under the other scenario, the forecasted 2031 City population is less than estimated current 2011 City population.
All four of the alternative scenarios reduce the City’s 2031 household forecast by approximately 33%, and reduce the 2031 employment forecast by approximately 40%, with one scenario reducing the 2031 employment forecast by 80%.
The reductions in growth allocation is of such degree that it compromises the overall rationale and basis for which the land use planning framework in the Garden City Plan was established. It also compromises the City’s ability to support overall Provincial and Regional land use policy directives established in Provincial Policy Statements and the Places to Grow Plan, including the achievement of minimum density targets established for residential and employment growth in the Urban Growth Centre (Downtown), and intensification and growth opportunities elsewhere.
The Township of West Lincoln as an alternative to resolve the matter has proposed that West Lincoln be allowed to “borrow” growth in early years of the planning period and “repay” it in later years. This option is also not acceptable to City staff for the same reasons previously outlined.
FINANCIAL IMPLICATIONS Not Applicable.
CONCLUSION Staff do not support any of the four alternative reallocation growth scenarios proffered by the Region of Niagara. All four scenarios will significantly reduce 2031 population, household and employment growth currently allocated to the municipality, and in a manner that compromises the ability of the municipality to achieve the overall land use planning framework established in the Garden City Plan, as well as to support Provincial and Regional land use planning policy and interests.
NOTIFICATION It is in order to advise Mr. Patrick Robson, Commissioner, Integrated Community Planning, Region of Niagara and all other local area municipal Planning Directors within the Region of Niagara.
Item No. 317
File: 16.19.1, 68.32.1
Subject: Proposed Transient Dockage Policy and Procedures
RECOMMENDATION That Council approve the proposed Transient Dockage Policy and Procedures. FORTHWITH.
BACKGROUND The intent of this report is to recommend transient dockage policy and procedures to properly enforce transient dockage fees at the Port Dalhousie Harbour.
Current Operations The Corporation of the City of St. Catharines leases the Port Dalhousie Harbour from the Federal government and manages its operation. One component of the Harbour operation is the management of transient dockage on the West Pier.
The management of transient dockage is staffed by summer students with the main task to collect transient dockage fees from visiting boaters based on the approved rates and fees. The Port Dalhousie Harbour is currently open for transient dockage from Victoria Day weekend through to Thanksgiving weekend. Harbour attendants are scheduled for weekends (Friday evening, Saturday and Sunday) from Victoria Day weekend until mid June, daily from mid June until Labour Day, and as required on weekends from Labour Day to Thanksgiving weekend. Transient dockage fees are collected between the hours of 10:00 a.m. to 9:00 p.m.
Upon a boater docking on the West Pier, a harbour attendant will make contact with the boat owner and complete the required paperwork and collect fees for use.
Challenges On occasion, the harbour attendant is met by a boater who does not pay or has left their vessel prior to making payment. Currently, there is no policy in place to deal with the boater who does not pay. When a situation of this nature occurs, the harbour attendant places a “Sorry we missed you” tag on the boat indicating that payment is required and logs the boat information in the Harbour log sheet.
In previous years, staff have attempted to make contact with the boat owner to either receive payment or to request that they leave the harbour. This was met with limited success as more often than not the boat owner would not be present at their vessel during harbour operations or refused to pay. Complaints were received from other boaters and members of the public seeing this as an unfair process.
REPORT Council approval of the proposed transient dockage policy and procedures will provide staff and the Niagara Regional Police with the authority to effectively regulate and enforce penalties for unauthorized anchoring or mooring in the Port Dalhousie Harbour.
The proposed policy and procedures are similar to the policies and procedures of our municipal counterparts who also have transient dockage (Appendix “F“). Staff
have received guidance from the Department of Ocean and Fisheries, Small Craft Harbour through conversations regarding the development of a policy and procedures for transient dockage.
Policy The Port Dalhousie Harbour West Pier is designated for transient dockage. A fee for service is required to for all vessels to dock.
Boaters, who fail to pay for dockage will be subject to additional measures in ensuring collection of fees, up to and including being charged under the Trespass to Property Act.
Procedure Step One: Harbour attendant approaches boat, records pertinent information
(date, time of arrival, type of vessel, registration number, length of vessel, name of vessel). If no one is on board, a “Sorry we missed you” tag is placed on the vessel.
Tag indicates to boat owner the amount due, how/where to make payment, and ramifications for failing to make payment including potential charges to Trespass to Property Act.
Harbour attendant to monitor vessel to collect payment.
Step Two: If no payment is received, staff will attempt to make contact with the boater to ensure payment is made. In the event of failure to make contact with the boater, additional notification will be left on the vessel advising the operator of the vessel that payment is required or require to vacate the transient dockage area and harbour.
Step Three: If no payment is received after additional notification and the vessel is still docked within transient dockage, staff will contact the Niagara Regional Police to dispatch a patrol to the harbour and have the boater charged under the Trespass to Property Act.
The above policy will permit enforcement and action for transient dockage within the Port Dalhousie Harbour.
Signage Upon the approval of the transient dockage policy and procedure, signage will be secured and erected with the Port Dalhousie Harbour stating the following:
“Be advised dockage only permitted upon payment of applicable fees to harbour attendant. Vessels docked without making payment are deemed to be trespassing and may be charged pursuant to the Trespass to Property Act. Violators will be prosecuted.”
FINANCIAL IMPLICATIONS The projected increase in annual transient dockage revenue with the approval of this policy is $1,887, based on 2010 data. Staffing costs will not be affected.
There will be costs incurred for signage and printing for the implementation of the policy, which have been allocated in the 2011 Operating Budget.
CONCLUSION With the implementation of the transient dockage policy and procedures, staff will be better positioned to ensure all boaters pay for dockage. Additionally, the image of a fair and equal operation will assist in attracting new and retaining existing members of the boating community to the Port Dalhousie Harbour.
Item No. 318
File: 16.7.99
Subject: Council Direction to Declare Surplus, 51 Lake Street at Wellington, 26 Wellington Street, 136 James Street at Raymond Street, Realty File: 11-34
RECOMMENDATION That the properties legally described below and illustrated on the aerial photograph attached as Appendix “G” be declared surplus and that staff be directed to begin the disposal process according to policy and procedures set out in By-law 2007 309, as amended:
1. 51 Lake Street, commonly referred to as the “Lake/Wellington Parking Lot”; described as being Lots 650, 652 and part of Lot 637 Corporation Plan 2 in the geographic Township of Grantham, except Part 1 shown on reference plan 30R-4663, Part 1 shown on reference plan 30R-7159 and Part 1 shown on reference plan 30R-1676 and Instrument No. 269545 (73), in the City of St. Catharines, Regional Municipality of Niagara and identified in the Land Titles Office by PIN 46216-0121, having a land area of approximately 5,317 square metres (1.3 acres more or less), which after the City requirement for a 5 metre road widening is 4,750 square metres (1.17 acres more or less).
2. 26 Wellington Street, described as being Lots 623, 624, 625, 626, 627, 628, 629, 662, 663 and 664, Corporation Plan 2 in the geographic Township of Grantham, except Part 1 shown on reference plan 30R-11712 in the City of St. Catharines, Regional Municipality of Niagara and identified in the Land Titles Office by PIN 46221-0282, having a land area of approximately 2,995 square metres (0.74 acres more or less)
3. 136 James Street, described as being Lots 520, 521, 522, and 523, Corporation Plan 2 in the geographic Township of Grantham, City of St. Catharines, Regional Municipality of Niagara and identified in the Land Titles Office by PIN 46221-0008, having a land area of approximately 2,781 square metres (0.68 acres more or less) commonly referred to as the “Raymond Street Parking Lot” and having a right-of-way over part of the northerly 12 feet (approximately 90 square metres).
and that the City Solicitor be directed to prepare the necessary by-law. FORTHWITH.
SUMMARY Interest in development of the three City owned properties, shown on attached Appendix “G”, two of which currently operate as municipal surface parking lots, prompted staff to further examine the potential of the properties. Staff recommends the three parcels of land described above be declared surplus to ensure that all interested parties have an opportunity to make proposals. Replacement of existing parking must be addressed in any potential development. Other City requirements must also be examined and resolved before staff would recommend disposal.
BACKGROUND On March 28, 2011, Council approved a report from Economic Development and Tourism Services to declare the air rights of various City owned properties as
surplus. The purpose of only declaring the air rights as surplus was to keep the City surface parking rights while encouraging growth and intensification of Downtown St. Catharines.
Once the air rights were declared surplus, an expression of interest was issued in hopes of attracting development to the City’s downtown core. Only one expression of interest was received. As the submission went beyond the scope of the expression of interest, the developer submitting the proposal was advised that the City was not in a position to act on the submission as presented.
REPORT Development Potential Downtown area parking continues to be a challenge for development. For this reason, the City controls and ensures sufficient parking is available. This is the reason that only air rights were offered as surplus.
Although the expression of interest for air rights was unsuccessful, interest in developing the properties resulted. If the parking can be replaced to the satisfaction of Council and staff, these properties could be developed to their potential without severely impacting those in the area that depend on available parking.
Publicly declaring the properties as surplus opens development opportunities allowing for competition and fairness.
Description of Properties The property at 51 Lake Street is a large paved surface parking lot on the north west corner of Lake Street and Wellington Street. There are 151 parking spaces. This lot is a monthly permit lot which is oversold regularly. It primarily services office working in the area bounded by Church Street, Queen Street Welland Avenue and Clark Street.
The property at 26 Wellington Street is a vacant parcel of land just east of Lake Street.
The property at 136 James Street is a paved surface parking lot on the north east corner of James Street and Raymond Street. There are 74 parking spaces. The lot is a daily paid parking lot which services short term and daily needs of the Courthouse and other professions and commercial businesses in the area. This parking lot is highly utilized.
Parking Alternatives Two of the above properties provide 225 parking spaces that are in demand. Before selling any of the above properties, the parking must be addressed. If these parking spaces could be replaced by a purchaser, the needs of the City would be satisfied and the properties could be developed to their potential.
The terms of the replacement parking would have to be very explicit. The details would be brought to Council as an intricate part of any offer received. Some pressure will be taken off the two parking lots when the new parking garage opens; however, they will continue to have strong demand due to the lower rates charged for surface parking lots.
Accommodation for existing parking must be resolved before any development can occur. It is for this reason that the vacant parcel on Wellington Street is proposed to be offered as surplus with the two surface parking lots.
City Requirements The City will have various requirements that must be addressed before any of the properties can be sold. These needs are currently under review by Transportation and Environmental Services.
Policy City By-law 2007-309, as amended, establishes procedures for the sale and disposition of City owned land. Passing of a by-law to declare the City land as surplus at an open session Council meeting is the first requirement. The by-law also requires that public notice be given by advertising on the City’s website, placing “For Sale” signs on the property, and notification to the Niagara Region and the School Boards. Upon approval of this report, signs will be placed on the properties and an advertisement will be placed on the City’s website.
FINANCIAL IMPLICATIONS This report triggers market value appraisal, Phase 1 Environment reports, and advertising costs estimated to be in the area of $18,000 with the vision of recouping the expenses through a sale of the properties.
CONCLUSION Based on the potential for development of three City owned parcels of land and the interest generated by a request for proposal, staff recommends the three properties be declared surplus in order that staff can further investigate the development opportunities.
Item No. 319
File: 68.45.12
Subject: Place Branding Initiative
RECOMMENDATION That Council receive the report for information purposes. FORTHWITH.
SUMMARY Increasingly, municipalities in Canada are recognizing the importance of developing a place brand to help position them in attracting businesses and visitors. While this is becoming a must-have for communities of all sizes, the costs to develop a brand can be significant.
By using in-house expertise, existing resources and partnerships with community partners, the City of St. Catharines can develop a place brand for a minimal cost.
BACKGROUND During the 2011 budget deliberations, Economic Development and Tourism Services (EDTS) requested funds to develop a place brand for the City of St. Catharines. That request was put on the unaccommodated list and was not funded.
As a result, EDTS and Corporate Communications staff have developed a workplan with the intent to engage in the first phase of a place branding exercise using existing resources.
REPORT Traditionally, branding has been associated with consumer goods, but increasingly over the last 10 years, cities and even entire countries are realizing the benefits of developing a brand.
Cities are constantly competing with other communities for attention, investment, visitors, talent and events. With globalization, this competition is not just coming from neighbouring communities, but from cities worldwide.
Your brand is your promise Place branding can help in attracting this much sought after attention by succinctly sending a message about what to expect in your city. In addition to providing an image of your community to others, branding also has benefits to the corporation by acting as a compass to help guide actions and decisions in other areas.
Simply put, place branding is a promise about your community’s value and where it is headed. But in order for the brand to be successful, and in turn the community it represents, above all else it must be true. If it is not true, it will fail.
Brand is not a logo It should be noted, that a brand is not a logo. A logo is a visual representation of the brand.
Although logos are an important part of implementing a brand, they are not developed until the brand has been determined.
No strong brand for St. Catharines Determining what the city’s brand is requires an honest discussion about what St. Catharines offers and will offer in the future. It needs input from residents, employees, visitors, and business people about our strengths and weakness. Since place branding is a promise of our value, it also requires help from our community stakeholders to develop our brand promise options based on this feedback.
These interactions teach us how others view St. Catharines. While no one wants to hear the negatives, as a municipality, we need to know what people honestly think if we want to fully address the issue of brand identity.
Developing a place brand Although it may sound easy, developing a brand takes a great deal of input and time. For that reason, many municipalities opt to engage a marketing agency specializing in branding exercises. Some examples of the branding process followed by other municipalities are listed below.
City of Vaughn – Hired a marketing agency to conduct market research and develop a brand at a cost of $28,000. This phase included surveys, public meetings and focus groups. Implementation of the brand was phased over two years and with costs estimated between $100,000 and $200,000.
City of Cambridge – Hired a marketing agency to conduct market research and develop a brand at a cost of $25,000. In addition to data collection as outlined in the Vaughn example, this amount also included logo development. Implementation costs are over and above this amount.
City of Oshawa – Spent $100,500 to conduct market research and develop a new brand using a marketing agency. The process included extensive public consultations, including one-on-one interviews. Implementation cost an additional $108,000.
A St. Catharines branding exercise Staff from Economic Development and Tourism Services and Corporate Communications met in consultation with academic staff from Brock University’s Faculty of Business to determine if a branding initiative could be done in house. The
result of this discussion was that the City, with the assistance of Brock University, could begin a branding initiative using existing resources.
Much of the cost associated with establishing a place brand is spent conducting research, in the form of surveys and focus groups, which is extremely time consuming. To reduce costs, it was felt that this could be done by existing City staff. Using City staff to conduct surveys and focus groups will take longer than using a marketing firm; however, the results will be comparable.
Surveys will be distributed electronically using the City’s website, will be published on the City Page, and hard copies will be available at customer service counters and community centres. Surveys will also be distributed by the City’s tourism partners.
Using information collected from the survey, the City will host focus groups for each employees, residents and businesses. A community open house will also be held to collect feedback.
The information collected will form the base on which the brand is developed.
The City and Brock University are currently in discussions to make this phase of the process part of the course work for marketing students during the 2011/2012 school year. In this scenario, students would use the data collected to propose a brand and develop a strategy.
Typically, the company that completes the research would also be responsible for developing the brand. However, by partnering with Brock University, this could be done at no cost. Again, this part of the process will take longer than with an agency; however, an advantage of having this done as part of a class project is that the City will likely receive multiple submissions to review.
Following the establishment of the brand, the next phase will be to implement the brand, including updating the City’s logo and marketing the new brand. These costs would include new signage, stationary, uniforms, vehicle decals, and advertising. The costs of this phase can vary greatly depending the timeline and scope. Staff anticipates making a request during the 2012 budget deliberation to support this phase.
FINANCIAL IMPLICATIONS There are no financial implications for the Corporation from engaging in the initial phases of the place branding plan as described in this report. Incidental costs can be accommodated in existing budgets. Staff plan to make a request during the 2012 budget deliberations for funding to develop a new logo and implement the brand and logo.
CONCLUSION Municipalities are becoming increasingly savvy when it comes to attracting new businesses and visitors. To ensure that St. Catharines can remain competitive, it needs to develop a place brand that speaks to investors, tourists and residents. This need must be balanced by the municipality’s ability fund a place branding exercise.
The plan as developed by staff will achieve the goal of a place brand for the City of St. Catharines while being mindful of costs.
Item No. 320
File: 10.57.99
Subject: Property Tax Rebate for Vacant Commercial and Industrial Buildings
RECOMMENDATION That the necessary vacancy rebates pursuant to Section 364 of The Municipal Act, in the amount $140,066.77, be approved in accordance with the list submitted by Financial Management Services, dated June 20, 2011 (see Appendix “H” attached). FORTHWITH.
SUMMARY Section 364 of the Municipal Act and Ontario Regulation 325/01 provides for rebates for vacant commercial and industrial property owners.
BACKGROUND Section 364 rebate applications are received in Financial Management Services, 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.
REPORT 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).
FINANCIAL IMPLICATIONS Total Vacancy Rebate: $140,066.77 as listed on Appendix “H”.
Item No. 321
File: 10.12.13
Subject: Correspondence List for the Mayor and Members of Council
RECOMMENDATION That the Correspondence List for the Mayor and Members of Council, dated June 20, 2011, be approved. FORTHWITH.
REPORT Corporate Support Services – Clerks has submitted for the approval of Council, a Correspondence List comprised of various communications (see Appendix “I” attached).
Item No. 322
Date of Report: May 30, 2011
File: 68.31.192
Subject: Proposed Diseased Fruit Tree By-law and Associated Rates and Fees
RECOMMENDATION That the proposed diseased fruit tree by-law report be approved;
and that the Rates and Fees By-law be amended to reflect the actual cost of clearing diseased fruit trees, a 10% penalty and 10% overhead charge;
and that the City Solicitor be directed to prepare the necessary by-law;
and that, once the by-law is passed by Council, the City Solicitor be directed to submit the by-law to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) for approval;
and further, that the Clerk be directed to make the appropriate notifications. FORTHWITH.
SUMMARY This report recommends the approval of a diseased fruit tree by-law and provides Council with information about the by-law, potential issues with enforcement, and its financial implications.
BACKGROUND On June 21, 2010, Council directed staff to prepare a report in response to three letters received by the City of St. Catharines on June 8, 2010, requesting that City Council address the issue of abandoned orchards and vineyards with the creation of an appropriate municipal by-law. The letters express concerns that “neglected agricultural properties harbour insects, diseases and weeds presenting significant risk to active farms” (see Appendix “A“). Farmers risk a loss in revenue from lower yields should areas of their crop be affected by disease or pests, and those who attempt to combat these risks face added costs associated with labour and additional applications of herbicides and pesticides. Letters were submitted by the following organizations:
• Duarte Oliveira, President, Niagara Peninsula Fruit & Vegetable Growers’ Association
• Bill George Jr., Chair, Grape Growers of Ontario • Adrian Huisman, Manager, Ontario Tender Fruit Producers’ Marketing Board
Under the Weed Control Act, the municipality is permitted to pass a by-law designating any plant as a local weed which requires that it be removed by the land owner. Five Ontario municipalities, including three within the Niagara Region (Town of Grimbsy, Town of Lincoln, and Town of Niagara-on-the-Lake), have passed such by-laws.
Currently, the City of St. Catharines provides for the maintenance of grasses and weeds through By-law No. 2004-122. This by-law only applies to land within the urban area and is enforced by a Weed Inspector who is appointed annually by Council. The intent of this by-law is to eliminate conditions that could become or cause public nuisances as a result of neglect or improper maintenance, and it requires that all grasses and weeds exceeding 20 cm be cut and removed. Unfortunately, this by-law cannot be used to address the issues of pests and diseases that affect agricultural lands.
REPORT Provincial Legislation In 1990, the provincial government passed the Abandoned Orchards Act requiring owners of abandoned orchards within 275 metres of a commercial orchard destroy all fruit trees, shrubs and vines. In 1997, the Abandoned Orchards Act was repealed, and the regulation of such orchards shifted from the province to municipalities through the Weed Control Act. The Weed Control Act has three objectives:
1. Address the negative impact that noxious weeds have on agricultural and horticulture industries;
2. Reduce the prevalence of plant diseases by removing the hosts of such diseases;
3. Protect livestock which can be harmed by poisonous plants.
These goals are achieved by requiring owners to destroy noxious weeds on their properties. The intent of the Weed Control Act is to protect agricultural and horticultural industries. As such, the removal of noxious weeds is only required if they will interfere with the use of these agricultural and horticultural lands, as decided by Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA).
The Weed Control Act allows the council of a municipality that has appointed a weed inspector to pass a by-law designating any plant that is not a noxious weed as a local weed. This means that within the municipality the plant is viewed as a noxious weed and must be destroyed by land owners. The Weed Control Act also stipulates that no by-law created can take effect until it is approved by the Minister of Agriculture, Food, and Rural Affairs.
Approaches by Other Municipalities Five Ontario municipalities, including three in the Niagara Region, have used the Weed Control Act to create by-laws protecting their agricultural and horticultural industries. The Town of Grimbsy, Town of Lincoln, Town of Niagara-on-the-Lake, Township of Clearview, and Town of Blue Mountain have each passed by-laws designating either abandoned orchards or certain diseased fruit trees as local weeds; all of these municipalities were consulted. Each municipality’s by-laws applies to the entire area of their municipality and utilizes very similar definitions to identify what constitutes an abandoned orchard or diseased fruit tree. They all require a minimum planting area and a maximum distance between the subject property and a commercial fruit growing operation.
The Town of Lincoln passed a by-law designating certain diseased fruit trees as local weeds in 2000. The by-law is rarely applied in Lincoln, coming up most recently in 2007/2008 when the Town advised a land owner of the infraction who removed the weeds themselves. Previous to that in 2003/2004, municipal forces were used to destroy diseased fruit trees on private property after a land owner failed to address the fruit trees themselves. Clean up costs were recovered by invoicing the owner.
The Town of Grimsby passed a by-law designating abandoned orchards as local weeds in 1998, and each year the Town publishes a notice of the abandoned orchards by-law in the local newspaper. This by-law has only been enforced once in the past seven years. It was such an extreme case that an upper level of government became involved to spearhead the removal. An appropriate warning was issued to the land owner; however, the weeds were never removed by the owner and no further action was taken by either level of government.
The Town of Niagara-on-the-Lake passed a by-law designating certain diseased fruit trees as local weeds in 2010 after discussions with the Town’s Agriculture Advisory Committee. The by-law has yet to be used, and Enforcement believes that it will not be used often as most issues can be addressed under other measures in the Weed Control Act and the Town’s Property Standards By-law.
The Township of Clearview passed a by-law designating abandoned orchards as a noxious weed in 2002. This by-law has been applied twice in the last six years. On the first occasion, the notice was issued and the owner cleared their property. In the second case, the property owner appealed the notice and challenged both the by law and the Weed Control Act, with the province’s Chief Weed Inspector upholding the charges in a court hearing. The Township had hired a professional pest controller and an independent grower to inspect the property and attend the hearing. The Weed Inspector estimates that the total cost for these third party consultations was $500, which was not recovered as the property owner cleared their own land after the legal proceedings.
The Town of Blue Mountain passed a by-law designating abandoned orchards as a noxious weed in 2003. Unlike the other municipalities surveyed, enforcement in Blue Mountain has indicated that the by-law is used often, being cited at least eight times in the past two years alone. In all but two cases the owner has cleared the property. When the Town is required to clear the property, they hire a consultant to complete the work and recover the costs by invoicing the owner.
With the exception of the Town of Blue Mountain, most of these municipalities have rarely enforced their abandoned orchards/diseased fruit trees by-laws. Despite this, they have each indicated that the by-law is a valuable tool in ensuring that local agricultural production is protected from pests and disease.
Enforcement Enforcement of a diseased fruit trees by-law would be included in the portfolio of the Municipal Weed Inspector and would be enforced on a complaint basis. As the by law is rarely enforced in other municipalities, it is difficult to gain a true understanding of issues related to enforcement. Ken Slingerland, Tender Fruit and
Grape Specialist with OMAFRA, suggests having a good definition of what constitutes an abandoned orchard or diseased fruit tree. Definitions need to identify what types of fruit trees, shrubs, and vines are included under the by-law, what constitutes a fruit tree disease, as well as how to evaluate what is a diseased fruit tree or abandoned orchard. The definitions used by each of the five municipalities are very similar and can be applied to St. Catharines.
It is also recommended to have a formal or informal process of determining whether a property is in violation of the by-law. The Weed Inspector needs to be able to determine that there is a real threat of the disease or pests moving to nearby commercial operations. For all municipalities surveyed, this process includes consulting with a third party before taking any action to prevent the unnecessary loss of fruit trees and to protect the City by ensuring that all actions can be justified should someone appeal.
It is suggested that if the City enact a diseased fruit tree by-law that third party consultation should be used. OMAFRA’s Tender Fruit and Grape Integrated Pest Management Specialist out of Vineland would be available to examine properties with the City’s Weed Inspector and make recommendations for clean-up at no cost to the City. Most municipalities surveyed also consult OMAFRA to enforce their diseased fruit tree by-law, while the Township of Clearview used a professional pest controller and an independent grower.
FINANCIAL IMPLICATIONS No additional costs for inspection of complaints are anticipated as this would fall under the portfolio of the weed inspector.
No additional costs for third party consultation are anticipated when OMAFRA’s Tender Fruit and Grape Integrated Pest Management Specialist is used.
Cost recovery is mandated under the Weed Control Act and is the same as cost recovery of noxious weeds. The Weed Control Act stipulates that any work completed by the City can be recovered from the owner by invoice or by adding the costs onto the tax bill. For cases where the City completes the work, the costs of clearing land would need to be included in the Schedule of Rates and Fees. Unlike the Rates and Fees for Mowing of Weeds and Grass on Private Lots, the cost of clearing diseased fruit trees should be an Actual Cost, as the clearing methods and costs will vary greatly depending on each situation. Staff recommend that additional costs be similar to the tall grass by-law, including a 10% penalty and 10% overhead charge with a maximum of $100.
As was illustrated by the Township of Clearview, there is a risk of appeal for which legal costs can be incurred. These costs are difficult to estimate and the City may not be able to recover them in all cases. It is important to note that a legal appeal has only occurred once since the Weed Control Act came into force.
CONCLUSION Prior to 1997, commercial fruit producers were protected under the Abandoned Orchards Act, which fell under provincial jurisdiction. Since this Act was repealed, there has been no protection for land owners within St. Catharines as a municipal by-law concerning abandoned orchards has not been passed. Based on the information provided by various municipalities, staff would recommend that a by-law designating certain diseased fruit trees as local weeds be created to provide improved enforcement capabilities and protection for agricultural production. Expenses and administration fees should be assessed under the Corporation’s Rates and Fees By-law.
NOTIFICATIONS It is in order to advise Brad Huisman (successor of Duarte Oliveira), President, Niagara Peninsula Fruit & Vegetable Growers’ Association, 104-155 Main St. East, Suite 135, Grimsby, Ontario, L3M 1P2;
and Bill George Jr., Chair, Grape Growers of Ontario, P.O. Box 100, Vineland Station, Ontario, L0R 2E0;
and Adrian Huisman, Manager, Ontario Tender Fruit Producers’ Marketing Board, P.O. Box 100, Vineland Station, Ontario, L0R 2E0;
and Mike Cowbrough, Weed Management Lead, Ontario Ministry of Agriculture, Food and Rural Affairs, University of Guelph - Crop Science Building, 50 Stone Rd. East, Guelph, Ontario, N1G 2W1.
MOVED BY COUNCILLOR PHILLIPS That Council approve the recommendation contained in the report from Recreation and Community Services – Parks and Facilities, Item Number 323 of the General Committee Minutes, June 20, 2011.
YEAS Councillors Stack, Stevens, Washuta, Williamson, Burch, Dodge, Elliott, Harris, Kushner, Phillips, Secord, Siscoe, and Mayor McMullan
NAYS
File: 60.32.528
Subject: Community Improvement Plan, Brownfield Tax Increment Based Incentive Grant Program Agreement, Municipal Addresses: Formerly 17 and 21 Woodburn Avenue and 246A Queenston Street; Owner: Brickyard Developments Limited
RECOMMENDATION That City Council approve the report from Planning Services – Policy, dated June 9, 2011, respecting the assignment of the Brownfield Tax Increment Based Incentive Grant (BTIG) to Romspen Investment Corporation as outlined below;
and that the City Solicitor be directed to prepare any necessary by-laws authorizing the execution of the agreement and other related documents. FORTHWITH.
BACKGROUND The Corporation of the City of St. Catharines and Brickyard Developments Limited executed a Brownfield Tax Increment Based Incentive Grant Program Agreement for Phase 1, Heritage Point Subdivision, respecting the above-noted subject property on November 20, 2009.
The executed Agreement, Clause 5.7 Change of Title and Assignment states:
“The Applicant may not transfer or assign the benefit of these subsequent BTIG payments to any other party save and except with the consent of the City which will not be unreasonably withheld.”
REPORT The Agent for Brickyard Developments Limited has requested the assignment of the BTIG to Romspen Investment Corporation. The purpose is to assist with the refinancing of the development. Should Council approve this request, the Corporation has been asked to execute the document as provided. Planning Services has been advised that this is a standard practice in the industry. Brickyard Developments Limited is assigning the BTIG to other parties as security for financing.
It should be noted that Brickyard Developments Limited entered into an agreement with the City to remove material from their site onto the Municipal Golf Course. This agreement provided a time-frame for this work to be completed with a provision that, should Brickyard Developments Limited not meet the time-frame, the City would be reimbursed for lost revenue. As of June 10, 2011, Brickyard Developments has an amount of $113,385.62 outstanding in Accounts Receivable for the Municipal Golf Course revenue loss compensation incurred in 2008 and 2009. This outstanding amount includes interest of $8,398.92. Should this matter not be resolved prior to the first grant payment, this amount will be deducted from the first City and Regional contributions and subsequent grant payments as necessary until the Accounts Receivable has been resolved.
The matter of assigning the BTIG and the document as provided has been discussed with the City Solicitor who concurs with this request.
Staff Recommendation That Council approve the request on behalf of Brickyard Developments Limited to assign the Brownfield Tax Increment Based Incentive Grant (BTIG) to Romspen Investment Corporation;
and that any outstanding receivables from Brickyard Developments Limited be rectified before any grant payments are made;
and that The Corporation of the City of St. Catharines execute the document as provided;
and that the City Solicitor be directed to prepare any necessary by-laws authorizing the execution of the agreement and other related documents;
and further, that the Clerk be directed to make the necessary notifications.
FINANCIAL IMPLICATIONS The assignment of the BTIG has no additional financial implication on the City. Planning Services would remind Council that the BTIG is based on the increase in property taxes following redevelopment of the property.
NOTIFICATION It is in order to advise Mr. Timothy Collins, Associated Brownfields, 80 King Street, Suite 903A, St. Catharines, Ontario, L2R 7G1 and Mr. Tunde Fowler, Senior Financial Analyst, Corporate Services Department, Regional Municipality of Niagara, 2201 St. David’s Road, PO Box 1042, Thorold, Ontario, L2V 4T7.
MOVED BY COUNCILLOR BURCH That Council approve the recommendation contained in the report from Planning Services – Policy, Item Number 323 of the General Committee Minutes, June 20, 2011.
YEAS Councillors Elliott, Harris, Kushner, Phillips, Secord, Siscoe, Stack, Stevens, Washuta, Williamson, Burch, Dodge, and Mayor McMullan
NAYS
Item No. 324
File: 60.32.576
Subject: Community Improvement Plan, Application for Financial Incentive Grant Programs; Municipal Address: 155 Louth Street; Owner: 1834483 Ontario Inc. (Paul DiFrancesco)
RECOMMENDATION That City Council approve the report from Planning Services – Policy, dated June 8, 2011, concerning the Application for Financial Incentive Grant Programs for 155 Louth Street as outlined below;
and that the City Solicitor be directed to prepare the necessary by-laws and documents as outlined in the report. FORTHWITH.
BACKGROUND On February 28, 2011, City Council granted approval to designate the lands referred to as the Western Hill Area as a Community Improvement Project Area. The By-law (2011-131) was approved on May 2, 2011, with no appeals being filed.
REPORT On April 11, 2011, Planning Services received an application under the Tax Increment Based Incentive Grant Program (TIBIGP) and the Municipal Application and Permit Fees Refund Program (MAPFRP). The Owner is proposing to construct a four storey, 28-unit apartment building (23 units will be rented under the Affordable Housing Program and has provided the required information for staff to proceed to obtain Council Approval (see Appendix “B”).
Following Council’s approval of the designation of the Western Hill Area as a Community Improvement Project Area and prior to the passage of the By-law, the Owner requested that all expenses incurred after March 1, 2011, be considered as eligible expenditures. In light of City Council granting approval to designate the lands (February 28, 2011), Planning Services supports this request.
Staff Recommendation That City Council approve the applications under the TIBIGP and the MAPFRP from the Owner of the property known municipally as 155 Louth Street;
and that the Eligible Expenditures be retroactive to March 1, 2011;
and that City Council direct that the Municipal Application and Permit Fees for the proposed four storey, 28-unit apartment building be refunded when all municipal approvals are obtained, authorization to occupy received, and all documentation received;
and that the City Solicitor be directed to prepare the TIBIGP between 1834483 Ontario Inc. and the City of St. Catharines and any necessary by-laws authorizing the execution of the agreement and other related documents;
and further, that the Clerk be directed to make the necessary notifications.
FINANCIAL IMPLICATIONS 1. Subject to Council’s approval of this report and based on the Tax Increment
Based Incentive Grant Program, the Owner would be eligible to receive a grant
of 90% of the Net Increase in Assessment multiplied by the Tax Rate in the first year (Commencement Year), reducing 10% each year thereafter (up to nine [9] years) or when total grants provided under this program equal the total Eligible Expenditures, whichever comes first.
2. No funds will be advanced to the Owner under the Tax Increment Based Incentive Grant Program until new taxes are generated based on a Supplemental Assessment from the Municipal Property Assessment Corporation.
3. The estimated Eligible Expenditures total approximately $2,885,722.
4. The annual grant returned to the Owner will be from the increased property taxes levied on the property.
CONCLUSION Should Council approve the recommendations in this report, this is the first application under the Tax Increment Based Incentive Grant Program in the recently Council Approved Western Hill Project Area.
NOTIFICATION It is in order to advise 1834483 Ontario Inc., c/o Mr. Paul DiFrancesco, 11 Nicholas Drive, St. Catharines, Ontario, L2S 4C2 and Mr. Tunde Fowler, Senior Financial Analyst, Corporate Services Department, Regional Municipality of Niagara, 2201 St. David’s Road, PO Box 1042, Thorold, Ontario, L2V 4T7.
MOVED BY COUNCILLOR PHILLIPS That Council approve the recommendation contained in the report from Planning Services – Policy, Item Number 324 of the General Committee Minutes, June 20, 2011.
YEAS Councillors Williamson, Burch, Dodge, Elliott, Harris, Kushner, Phillips, Secord, Siscoe, Stack, Stevens, Washuta, and Mayor McMullan
NAYS
Subject: In Camera Session
MOVED BY COUNCILLOR KUSHNER That this meeting of General Committee be recessed to In Camera Session for the purpose of discussion of In Camera Item Number 326 of the General Committee Minutes, June 20, 2011.
CARRIED FORTHWITH
General Committee recessed at seven forty-seven o’clock p.m. and resumed session In Camera.
Item No. 326
File: 60.35.964, 60.46.385 (11-33)
Subject: Appeal of Council’s Decision to Deny Applications to Amend Zoning Area By-law No. 6609 (Zone 8) and for Draft Plan of Condominium Approval, 61 Village Road, Owner: Virginia Rigby, Agent: Glenn Barr (Barr Associates) (IN CAMERA)
Councillor Dodge advised that she was not in attendance at the public meeting respecting the subject application and would not be taking part in consideration of this matter.
The General Committee gave consideration to the above-noted report dated June 16, 2011.
MOVED BY COUNCILLOR KUSHNER That Council approve the recommendation contained in the report from Legal Services – Administration, dated June 16, 2011, respecting an appeal of Council’s decision to deny applications to amend Zoning Area By-law No. 6609 (Zone 8) and for Draft Plan of Condominium approval at 61 Village Road.
CARRIED FORTHWITH
General Committee reconvened in open session at eight-fourteen o’clock p.m.
Item No. 327
File: 60.35.964 and 60.46.385
Subject: Appeal of Council’s Decision Regarding Application to Amend Zoning By-law 6609 and for Draft Plan of Condominium Approval – 61 Village Road, Owner: Virginia Rigby, Agent: Glenn Barr (Barr Associates)
Councillor Dodge advised that she was not in attendance at the public meeting respecting the subject application and would not be taking part in consideration of this matter.
RECOMMENDATION That the report from Planning Services – Development, dated June 16, 2011, concerning appeals of Council’s decisions for applications for a zoning by-law amendment and a draft plan of condominium (vacant land) for 61 Village Road, be received for information purposes. FORTHWITH.
SUMMARY Council’s decision of April

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