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2004/02/23 PLANNIN G/ CO UN CIL MEE TIN G Monday, February 23,2004 Order of Business and Agenda Package I . fl - PLANNING MEETING February 23. 2004 1. PRAYER: Alderman Joyce Morocco DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. ***** PRESENTATIONS Lee Smith, Assistant Fire Chief and Peter Methner, 1 st Class Fireman, will make a presentation to Charlie & Rose Antal, of Rainbow Auto and to Bill Willard, of C.A.A. for the long-standing service they provide to the Niagara Falls Fire Services and for their assistance with training initiatives. DEPUTATIONS "Images of a Century" Mr. Sherman Zavitz, City Historian, wishes to provide a brief presentation on a book entitled "Images of a Century" to commemorate the centennial of the City of Niagara Falls. ***** Heart Niagara Karen Stearne, Executive Director, Heart Niagara and Pat Millington, Show you Care Campaign wish to address Council on the Cardiac Rehabilitation funding proposal. * * * * * n ITEM NO. 07 ITEM NO. 08 ITEM NO. 09 - 2 - PLANNING MATTERS Public Meeting AM-44/2003, Zoning By-law Amendment Application Elimination of Parking Lots as Permitted Uses Applicant: City of Niagara Falls Background Material: Recommendation Report: PD-2004-14 -AND- Request from Director, People Mover Project for deferral Correspondence from Panoramic Hospitality Inc. Public Meeting AM-23/2003, Official Plan & Zoning By-law Amendment Application Applicant: Metro Development Agent: Rick Brady West Side of Garner Road, North of Lundy's Lane Background Material: Recommendation Report: PD-2004-11 -AND- Information package of background history (Due to the length of the document, this package is provided for Council members only) Correspondence from Jean and Peter Grandoni (pictorials have been Public Meeting AM-O1/2004, Official Plan & Zoning By-law Amendment Application Applicant: Bev Hodgson Agent: Richard Brady, Planner Proposed Conversion of an Existing Dwelling Background Material: Recommendation Report: PD-2004-15 -AND- Correspondence from Regional Niagara, Planning & Development Department ITEM NO. 10 ITEM NO. 11 ITEM NO. 12 - 3 - Public Meeting Official Plan & Zoning By-law Amendment Application AM-02/2004, 4407 Montrose Road Applicant: Rosemary Cordasco Proposed Conversion of Existing Building Background Material: Recommendation Report: PD-2004-17 -AND- Correspondence from Regional Niagara, Planning & Development Department Public Meeting Official Plan & Zoning By-law Amendment Application AM-O3/2004, SW Quadrant of Kalar Road & Brown Road Applicant: Heartland Forest Agent: Richard Brady, Planner Heartland Forest Resort, First Phase Background Material: Recommendation Report: PD-2004-21 -AND- Correspondence from Regional Niagara, Planning & Development Department Public Meeting Zoning By-law Amendment Application AM-O4/2004, 3965 Main Street Applicant: Givic Construction Inc., Proposed Rezoning from NC-343 to R5B to permit An a-Unit Apartment Building Background Material: Recommendation Report: PD-2004-12 -AND- Correspondence from Carole Ann Ogilvie Correspondence from Regional Niagara, Planning & Development Department Correspondence from J.M. Doherty .. - 4 - MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer 5. Chief Administrative Officer ADOPTION OF MINUTES: PD-2004-13, Site Plan Application; SPC- 31/2002; 5382 Robinson Street at the Jolley Cut; Applicant: Canadian Niagara Hotels, Proposed Hotel Development. PD-2004-16, SWC-02/2001, Sidewalk Café Licence, Goodfeollow's (Danny O's) 6383 Drummond Road; Termination of Sidewalk Café Licence. . PD-2004-1a, Recommendation Report; Ascot Woods Extension 7 Draft Plan of Subdivision; 26T-11-2003-02; Zoning by-law Amendment Application; AM-38/2003; Owner: Ascot Woods Ltd. PD-2004-19, Draft Plan of Condominium; File: 26 CD-11-2003-02; Kalar Road (East Side), North of Costabile Drive; Block 66; Registered Plan 59M-207; Owner: Pinewood Homes (Niagara) Ltd. PD-2004-20, Urban Development Capacities; Niagara Municipalities Information Report. REGULAR COUNCIL Regular Minutes of February 2, 2004 MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS - 5 - FINANCE DEPARTMENT MATTERS 1. Chief Administrative Officer F-2004-12, 2004 Municipal Utility Budget Approval. Please note: Ms. Carolyn Bones, Chamber of Commerce wishes to speak to the matter. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Canadian Red Cross - Re: Proclamation - requesting that Council proclaim the month of March, 2004 as "Red Cross Month"; and requesting the holding of a flag raising ceremony. RECOMMENDATION: That the request be supported. 2. Ontario Pharmacists' Association - Re: Proclamation - requesting that Council proclaim the week of March 1 - 7, 2004 as "Pharmacy A wareness Week". RECOMMENDATION: That the request be supported. 3. Mr. Vic Pepin, 6491 Level Avenue - Re: Flag Raising - requesting Council permission to raise the Franco-Ontarian flag at City Hall on March 11, 2004 at 11 a.m. symbolizing the official opening of "Le rendez-vous de la francophonie" a celebration of the French language and culture. RECOMMENDATION: That the request be supported. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chair) MISCELLANEOUS MATTERS 1. Chief Administrative Officer L-2004-10, 1546952 Ontario Limited, Purchase from The Corporation of the City of Niagara Falls; Part 4 on 59R-12261. 2. Chief Administrative Officer L-2004-11, Front Yard Obstructions, Amendments to Fence By-law. - 6 - CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. 1. CD-2004-03, Special Occasion Permit; 2. L-2004-09, Establishment of Public Highway, Part 1 on 59R-11421 as part of Church's Lane; 3. MW-2004-28, Pilot HRT Equipment Purchase; 4. MW-2004-36, Value for Engineering Consultant; 5. MW-2004-37, Watermain Replacement - Kent Street, Niagara Enviro-Centre; 6. R-2004-09, Commercial Lease for Senior's Boutique and Craft Outlet; 7. R-2004-03, Proposed Cemetery Fees; 8. R-2004-08, Ice Resurfacing Equipment; 9. R-2004-10, Cell Phone/PDA Usage in Recreation Facilities; 10. R-2004-11, Parks, Recreation & Culture Strategic Plan. "IN CAMERA" MATTERS BY-LAW FOR SALE OF LANDS His Worship Mayor Salci will request whether there is anyone present that has an interest in the lands being sold. 2004-39 To authorize the conveyance of Parts 2 and 10 on Reference Plan 59R-12076, Part 10 subject to R01a2711, to The Regional Municipality of Niagara, for $34,840.00. - 7 - BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2004-40 2004-41 2004-42 2004-43 2004-44 2004-45 2004-46 2004-47 2004-48 2004-49 To amend By-law No. 2002-0a1, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. To amend By-law No. a9-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Yield Signs at Intersections, stop Signs at Intersections, Through Highways) To amend By-law No. 77-75, being a by-law to prescribe the height and description of lawful fences. To establish Part 1 on Reference Plant 59R-11421 as a public highway, to be known as and to form part of Church's Lane. To authorize the execution of a Renewal Licence Agreement with Her Majesty the Queen, in Right of the Province of Ontario as represented by the Chair of the Management Board of Cabinet respecting a renewal of existing Licence Agreements for parking and recreational purposes on Swayze Drive. To amend By-law Nos. 79-200 and 2002-113, to permit a residential plan of subdivision. (Re: AM-37/2003, Orchard Grove West Extension Draft Plan of Subdivision) To amend By-law No. 79-200, to bring a legal non-conforming golf course into conformity with By-law No. 79-200 and to guide its future development and to permit two one-family detached dwellings to be rented to the travelling public. (Re: AM-43/2003, Niagara Falls Golf Course Ltd. Kenneth Roy Moore) To establish Part 3 on Reference Plant 59R-12261 as a public highway, to be known as and to form part of Weinbrenner Road. (HANDOUT) To amend By-law No. 2000-26a, being a by-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. To adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of February, 2004. NEW BUSINESS T1 Feb.11.2004 2:26PM HEART NIAGARA No.4536 p. 1/1 Allied HC3lth BuiJding 5673 North Strut Nia,gar9 hils, ON L2G 114 Hear~ 'NIAGARA www.heartniagara.com Phone (905) 358.5552 Fax (90S) 358-6033 Emilil: info@heartroagara.coln t.HHG. FHLLS CLERK::; '04021114:21 February 11,2004 Dean Iorfida City Clerk City of Niagara 4421 Queen Street Niagara Falls, ON L2E 2Ll FáJ: transmission 905-356-9083 Re: Request for presentation at the Feb..uary 23, 2004 Council Meeting Heart Niagara Inc. would like to make a presentation on Monday February 23rd regarding the Cardiac Rehabilitation funding proposal and the Niagara funding crisis. I will then introduce an exceptional volunteer Pat Millington to discuss the -"'" ..show you Care campaign. Pat has developed the campaign to spread the word about the lack of funded Cardiac Rehabilitation serves in Niagara and educate our community on the difference between Heart Niagara and the Heart and Stroke Foundation. Thank: you for your ongoing support of Heart Niagara; I will have a package for Council sent over by Thursday February 19th ifthis date is agreeable to your agenda. Sinc;¿ ~ Karen Stearne Executive Director Providing Cóm1nunity Corónary Care Programs to the Niagara Region for over 25 years Charitable ReglstratlOIl N"mber \O7473316RPOOot Allil'd Health Building 56 B Nol1h Stæcl Niagara Falls, ON L2G I J4 Hear~ NIAGARA www,hcartniagara.com Phone (9051 358-5552 Fax (905) 358-6(rn Email: info(C¡)heallniagara.colll ........... Show you care Support Heart Niagara Heart Niagara Inc- would like to take this opportunity to thank you for your pm1icipation in the first annual "Show you care campaign" driven by Heart Niagara volunteers. Several of Heart Niagara volunteer's were surprised to learn that many people in our community do not know that Heart Niagara Inc. is not affiliated with the Heart & Stroke Foundation of Ontario. Heart Niagara Inc. suppOlis the work of the Heart and Stroke Foundation; research and health promotion however, Heart Niagara does not receive any financial support from the Heart & Stroke Foundation of Ontario for the delivery of programs and/or services in the Niagara Region. Heari Niagara is a registered non-profit charity dedicated to the prevention ofhemi disease, and has taken a lead role in the heart health of Niagara's residents since 1977. Heart Niagara provides services that include primary prevention programs in schools and secondary prevention programs for those who have already experienced hemi disease. Heart Niagara is able to deliver these services with donations and fundraising. You have been approached to participate in "Buy a Heart for our Community"; the program is driven by the staff of the business asking patrons, employee's etc. to buy a heart for a donation of $1.00. Businesses will display signed hearts prominently to promote the campaign with all proceeds being donated to Heart Niagara. All dollars donated to HNI go directly to facilitate programming in the Niagara Region. Pat has provided you with _Show you care packages H!hich includes ..... Hearts, tape and a marker to stmi your campaign; if you would like additional packages we will be pleased to provide them. The Heart Niagara envelope can be used as a way to manage the donations or you may wish to include the cost in the sales record and cut a cheque to Heart Niagara for the total amount of your campaigns success. Date February 1 5t to February 29th Place Program; To support Heart Month some of our Cardiac Rehab volunteers have been working diligently to fundraise for Heart Niagara as well as promote the fact that Heari Niagara is not funded by Heart & Stroke Foundation. Cost $1.00 per card Contact: Pat Millington, Chairwomen can be reached at 905-358- 7502. Karen Stearne, ED Heari Niagara (905) 358-5552 , / '¿ , /' /1 . ;;k:.. r..,Y h l~ /A ..( . L. Business Contact: Signature: ---~------- Phone: Address: Date: Providing Community Corol1aTT Care Programs to the /Viagara Regio11 for over 25 years Charitable Registration Number lO7473316RPOOOl Corporate Services Department PD-2004-14 Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director ~ Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 plann ing@city.niagarafalls.on.ca February 23,2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-14, Zoning By-law Amendment Application AM-44/2003, Surface Commercial Parking Lots RECOMMENDATION: It is recommended that Council defer consideration of the above noted matter until March 22,2004 in order to allow staff to review all comments and concerns raised by the stakeholders. BACKGROUND: On January 19, 2004, Council deferred consideration ofa City-initiated Zoning By-law amendment to eliminate surface commercial parking lots as a permitted use in the Clifton Hill and Fallsview subdistricts. Staff has met with the various stakeholders to discuss the proposed amendment. A number of issues have been raised which need to be properly assessed before the matter is brought back to Council. Accordingly, a deferral to March 22, 2004 is recommended. Attached is a memorandum from the Director of the People Mover Project. ___m'~- AP:;P:J ~ . T. Ravenda Executive Director of Corporate Services Recommended by: \S':':::J¡ ---. Doug Darbyson Director of Planning & Development Respectfu.llY sub~mitted~ 1 ~1'l Ol ~ "- John MacDonald Chief Administrative Officer ~ .. . j~~~ E~: LUSti; ~> .. ~~) Director of People Mover Project // JB:tc S:\PDR\2004\PD2004-14. Elimination ofPkg Lots.wpd Working Together to Serve Our Community Clerks' Finance' Human Resources' Information Systems' Legal' Planning & Development . , .._-_..._...-.~ n NIfIG, HILLS CL i~:--i ~ ~~~~ ¿~ c,.:,~~~ "-".. J~::~"- - ,. ".r>ob;.;".¡ji. ""', N.I'GÁ~.J.LJ' Inter-Department Memorandum Director People Mover Project TO: D. Darbyson Director of Planning & Development DATE: February 16, 2004 FROM: E. P. Lustig Director People Mover Project, Ext. 4203 RE: PD-2004/0 1, AM-44/2004 ; .;" - Surface Commercial Parking Lots in Fallsview and Clifton HilWidoria Avenue On January 19, 2004 the above noted report was defelTed by Council until February 23rd pending meetings with "concerned citizens and property owners". As you know, we now have had meetings with each of the Fallsview BIA and Victoria Avenue BIA (as well as individuals in those areas) and are meeting this Wednesday and Thursday with the Clifton Hill BIA and the Lundy's Lane BIA as well as other persons who have made specific atTangements to meet with us. While the BIAs have told us that they are very supportive of the People Mover Project and value our efforts to move the Project forward, it appears that there a number of issues that are now being raised with respect to the above noted proposed zoning amendment as well as the Council approved IBI Parking Strategy. We have always attempted to try to address issues that are raised with us regarding the Parking Strategy and since we will not know all of the comments until after our meetings this Thursday afternoon (i.e. after this Wednesday's Staff Management Meeting), we have agreed that it would be prudent to put this matter over until the next Council/Planning Meeting on March 22nd. EPL:fs ¿. /~ ¿~ c: - Chief Administrative Officer - 'Executive Director of Corporate Services - City Solicitor - €ity Clerk ./ -,,6 03 2004 16:06 HP LASERJET 3200 p.2 j{t! ~ø.~ ~ , ':, ," i-(,/;Februaxy 3, 2004 ...Vìa Fax (905) 356-9083 ... " c,' ,. , , . .. His Worship Mayor Ted SaId And Members of the Municipal Council City of Niagara Falls, Ontario , . RE: PD-2004-Ðl Zoning By-Law Amendment AppUcatiÐn AM-44/2003, EIÎlDÎnaûon of Parking Lots as Permitted. Uses :;: "Dear Mayor Salci and Members of Council: ,"1".Please be advised that our1irm. Panoranñc Hospitality Inc., would like to oppose the above mentioned . amendment. Our company's decision to oppose this proposed zoning by-law amendment was based on the foLlowing concerns: " 1. Impact on Real Estate Values: In many cases, our firm, along with others, have paid a premium for various commercially zoned parcels of Jand in the Fallsview area. The decision to pay a premiwn for these zoned properties was, in part, based on a valuation of all of the potential legal uses available on the sire, including coDllIlelCÏal parking. Therefore, the removal of connnercial parldng lots as a permitted use from these properties would likely have a significant negative impact on our respective properties since a portion of the cash ftow stream would be eliminated. 2. Opportunities to Expand: Our OCg1'ni7.ation is cunently planning the addition of more attIactions, restaurants, retail space, rooms and pmking facilities on our lands in the Fallsview area. We have concerns that the sequencing of these expansion opportunities may be jeopardized by the above mentioned by-law amendment Presently, the language is very vague as to the available uses and allocations foc excess non-People Mover parlcing facilities. 3. Economic Viability of People Mover: Though we support the idea of a People Mover System in Niagara Falls, we have some reservations as to the economic viability of a oS 100 million + project. If an expensive mass transit system was built, and then fails, the commercial parlctng lots associated with such a facility could be tied up in litigation for years, thusundennining the commercially viable of existing establishments in the Fallsview / Victoria BIA areas, as well as posing potential hardships for area visitors. 4. Loss at Control: The surrender of commercial parking lots in the FaUsviewNlCtoria areas to an outside :finn interested in potentially developing and operating the People Mover System could have negative long tenn consequences. To date, various outside firms operating in Niagara Falls have been far less accoootable and responsive to the needs of the local business comnllU1Ïty. Therefore, a monopoly on commercial paxking held by the People Mover entity in the Fallsview, Victoria areas may become a very contentious issue for all of the stakeholders going forward. .. . Again. I would like to reiterate that we support the People Movec System conc~t However, we would like ,to ensure that the benefits of such a project match the actual needs of the destination and all of its proposed . stakeholders. We appreciate the opP()rtuIrity to voice our concerns. Should the members of the City , 'i~.'!he Cby LuestiODS, pI- do not be- to con""" me at (905) 371. v~~~c Executive Vice President Panoramic Hospitality Inc. f. ., Corporate Services Department PD-2004-11 The City of ~ ~ Niagara Falls 'II Canada I!/ ~ ~ .. Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 plan n ing@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Saki and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-11, Official Plan & Zoning By-law Amendment Application, AM-23/2003 Applicant: Metro Development Agent: Rick Brady West Side of Garner Road, North of Lundy's Lane RECOMMENDATION: It is recommended that: 1) Council consider the endorsement of Policy Option B for permitting residential development on the subject lands and protecting existing natural areas having regard to the detailed assessment of issues outlined in this report; and 2) alternatively, Council may wish to consider undertaking an independent assessment of the subject woodlands to determine the significance and degree of environmental protection warranted. BACKGROUND: On September 8, 2003, Council approved the recommendations contained in Staff report PD-2003- 80. The report recommended approval of the proposed Official Plan amendment to designate the majority of the lands to Residential with special policies to address various matters including woodlot protection. The applicant's original concept plan for the development of the property is attached. Lands associated with the southerly stormwater management corridor would also be designated as Environmental Protection Area. In approving the proposed amendment, Council directed that further investigation into the significance of the wet woodlots occur. Council added this resolution to address resident concerns over the significant species within the woodlot (Round- leaved Greenbrier), the amount of woodlot which would be required as habitat for the species, and whether the woodlots were also wetlands. The residents have formed a Citizens' Committee and have identified themselves as the Gamer Road Woodland Defenders. Working Together to Serve Our Community Clerks. Finance. Human Resources' Information Systems' Legal, Planning & Development ----_.__._---~ --,..r---.. February 23, 2004 - 2 - PD-2004-11 As outlined in the previous staff report, there are two woodlots situated on the east side of the property. The City's Urban Woodlot Inventory ranks the northernmost woodlot, which is approximately 5.2 hectares in size, to be 34th out of an inventory of 120 wooded and treed sites. The inventory indicates that this woodlot contains Round-leaved Greenbrier, Black gum and Pin Oak and was the third highest ranked site for significant species. The smaller woodlot, situated to the south, being about 1.9 ha in size, is ranked 96th overall and is identified as containing some Pin Oak. The woodlots on the site are shown on the aerial photo attached. Given that past decisions on this application were made by a previous Council, staffhas put together an infonnation package incorporating the previous staff report PD-2003-80 as well as other correspondence on the woodlot issue. Process of Further Investigation The Citizens' Committee wrote both the City and Regional Planning staff requesting that the City have a peer review perfonned on the developer's consultant's work. Also submitted was a letter from an independent environmental consultant, Dougan and Associates, expressing an opinion that the developer's original Environmental Impact Study (EIS) "may not adequately address the complexities of developing within this type of forest habitat". An EIS addendum report prepared by the developer's consultant (L. Campbell & Associates), which provides infonnation on the habitat requirements ofthe Round-leaved Greenbrier and an opinion on wetland status, was forwarded with the Dougan letter together with infonnation submitted by the Citizen's Committee to the Ministry of Natural Resources (MNR). Council should refer to the MNR's response, which recommends the whole northern woodlot be designated as Environmental Protection Area. Council may wish to refer to the EIS addendum report prepared by Campbell and Associates for infonnation on the Round-leaved Greenbrier species and its habitat which is confined to the western half ofthe northern woodlot. The report further indicates that the proposed lots along Gamer Road are not anticipated to impact the Greenbrier habitat. Notwithstanding the foregoing, the original EIS study conceptually indicated an encroachment of proposed residential lots along the southerly boundary of this woodlot. This design issue will need to be resolved. Stakeholder Input Planning staff met with the developer and his solicitor to discuss possible policy approaches to guide the development of the future residential subdivision and the protection of existing woodlots. Meetings and discussions were also held with representatives of the Citizens' Committee, MNR, various City divisions and Regional Planning staff. This report is based on the culmination of input received. Policy Options and Approaches Having been directed by Council to proceed with the preparation of an Official Plan amendment for the subject lands and to prepare special policies to guide future development including woodlot protection, staff has prepared the following policy options for Council's consideration. It is noted that no consensus could be reached through meetings and discussions with stakeholder groups, therefore, two policy options are proffered. The options are derived from input received from the various stakeholder groups based on the further investigations directed by Council. February 23, 2004 - 3 - PD-2004-11 Option A - Designating the Entire Northern Woodlot as Environmental Protection Area (EP A), No Development Permitted (see attachment) . This option was recommended by the Ministry of Natural Resources who considered the entire northern woodlot as useable habitat for the Round-leaved Greenbrier. . The Regional Planning Department had recommended the designation of the northerly woodlot as an Environmental Protection Area in their August 27,2003 comments to the City. . According to the Ministry of Natural Resources, the Round-leaved Greenbrier species is currently classified as threatened nationally and vulnerable provincially, although it is in the process of being upgraded to threatened in Ontario. . The City's Official Plan contains policies for designating environmentally significant areas such as high quality plant and animal communities as Environmental Protection Areas. The approach has already been used to protect a locally significant woodlot in the Miller Road estate subdivision in the south part ofthe community. . According to Provincial Policy Statement policies, "nothing in the policy statement is intended to prevent planning authorities from going beyond the minimum standards established in specific policies, in developing official plan policies and when making decisions on planning matters, unless doing so would conflict with any other policy." Option B - Designating the Entire Northern Woodlot as Environmental Protection Area (EP A), with Provisions for Limited Development at the Eastern Edge of the Woodlot (see attachment) The following points, in addition to those mentioned in Option A, should be considered for this option: . The subject Round-leaved Greenbrier species is located within a small area in the interior area of the northerly woodlot. The habitat is confined to the westerly half of said woodlot. The EIS addendum report prepared by L. Campbell and Associates recommends that development should be excluded from any area which might negatively impact this habitat. . The EIS addendum report does not anticipate that the proposed lots along Gamer Road will inpact the Greenbrier habitat. . Policy Option B proposes controls and restrictions to guide the location, size and building envelope for two residential dwellings at the easterly edge of the woodlot. A detailed environmental impact study is defined as the mechanism for prescribing such restrictions. . The City's Official Plan encourages the preservation of woodlots to the greatest extent possible recognizing their numerous environmental and aesthetic benefits. Within the urban area a balance of development and conservation is promoted. Option B, in the opinion of staff, represents a reasonable balance. . The developer's lawyer contends that the Round-leaved Greenbrier is not a threatened or endangered species nor are the lands classified as a provincially significant wetland; notwithstanding the recommendations of the MNR, Option B may be considered as an appropriate compromise. " February 23, 2004 - 4 - PD-2004-11 CONCLUSION: To quote a recent article in Ontario Planning Journal "planners are expected to balance the interests of growth and development with the broader community wide social, economic and environmental interests. In practice, this translates into. . . developing plans and policies to ensure sustainable growth and development". This Planning Division has attempted to strike a balance between the divergent interests of stakeholder groups. In this regard, Policy Option B is recommended by staff over Option A which proposes no development in the northerly woodlot. The southerly woodlot has not been recommended for protection by any ofthe three planning authorities. Having regard to area resident concerns, questions have been raised with respect to the completeness of studies which have been submitted in support of the developer's application. Council will need to satisfy itself with respect to the concerns expressed by area residents. In this regard, Council may wish to undertake an independent evaluation ofthe woodlots in question and to seek independent expert advice on the significance and degree of environmental protection warranted. The Ministry of Natural Resources (MNR) has indicated in their comments that a wetland evaluation and boundary correction for Beaverdams Creek will be completed during the summer field season. The MNR has verbally stated such an evaluation would involve an examination of the subject woodlots subj ect to funding and landowner approval, however, the developer may not wish to await the completion of this study. The input of the developer should be obtained. Should Council wish to explore the notion of an independent assessment, staff will need to investigate the potential cost of such an undertaking, timing, tenns of reference and so forth. A further report will need to be prepared if this alternative is to be pursued. It should be noted the draft policies for Options A and B both contain policies requiring further studies and providing guidance on design elements since the detailed zoning and fonnal plan of subdivision are not being considered at this time. Should Council choose one of these options, further wording refinement may be necessary to address issues raised through this public process or other necessary design considerations such as implementing recommendations ofthe traffic impact study, addressing internal traffic flow, parkland dedication, etc. Lcr::\\~~ Dave Heyworth Planner 2 Respectfully su~mitted: ~ \^" "l ""\. r V L . John MacDonald Chief Administrative Officer and ~5--- Doug Daroyson Director of Planning & Development AjQJ;~ T. Raven~'~ Executive Director of Corporate Services DH/DD:pb S:\PDR\2004\PD2004-11, AM-23-03, MetroDev Gamer Rd.wpd AM 23/2003 OPTION A WOODLOT DESIGNATE]) EPA , NO DEVELOPMENT PERMITTED Draft Special Policy 14.44 Special Policy #44 refers to a parcel ofland, approximately 40ha in size and located on the west side of Gamer Road and north of Lundy's Lane and the CN railway tracks. Although the majority of these lands are designated for residential purposes, they are isolated from other residential areas and are subj ect to development constraints from surrounding natural and manmade features. Therefore, in order to ensure that future residential development is designed in a sensitive manner relative to surrounding land uses and that potential impacts from transportation corridors and industrial land uses are properly mitigated, the following special policies shall apply: 14.44.1 14.44.2 14.44.3 14.44.4 A 5 ha woodlot containing rare Carolinian tree species is located along the northern periphery of the residential area. This area will be protected in accordance with the policies of Part 2, section 12, Environmental Protection Areas. In order to ensure that future residential development adj acent to the woodlot is designed in a sensitive manner and does not negatively impact on the features and functions of the woodlot the following shall be considered: (i) development surrounding the woodlot area shall be setback in accordance with recommended buffer distances from an environmental impact study; (ii) any master grading plan prepared for the development of adjacent residential lands shall be sensitive to the protection of the woodlot area; and (iii) a habitat management plan shall be prepared that recognizes the habitat requirements of a species at risk. It is recognized that development will take place over a smaller, southerly woodlot, however, existing trees should be maintained, where possible, through a tree preservation plan. Future residential development will be situated adjacent to the CNR railway, Redpath Industries and agricultural lands. The property is bisected by a future Provinical highway right-of-way. All of these uses could impact the future residential development of the property. Therefore, in order to ensure that potential impacts are mitigated, the following will be addressed at the plan of subdivision stage. 14.44.5 14.44.6 14.44.7 14.44.4.1 Appropriate noise and vibration studies and corresponding design elements shall be undertaken to ensure that acceptable levels of compatibility are achieved. 14.44.4.2 Given that the main point of ingress and egress into the development is restricted to one general location on Gamer Road, special design considerations should be incorporated to provide for 2 full two-way movements into and out of the subdivision. 14.44.4.3 An internal road pattern maximizing vehicular and pedestrian circulation shall be incorporated in the design with due consideration given to road hierarchy and function. The use of cul-de-sacs shall be kept to a minimum. Lands situated on the northwest side of the future highway corridor shall remain in a development holding zone. Should the corridor designation be relinquished by the Ministry of Transportation, these lands shall be integrated with the residential lands to the south east. The location and design of an appropriate neighbourhood park will be detennined at the plan of subdivision stage. The ultimate width of the linear stonnwater management facility will be detennined by detailed design through a stonn water management plan to be approved by relevant agencies at the zoning by-law amendment stage. s: \ZO NIN G\AMS\200 3 \Am- 23 \DraftSpecialPolicyO PT 1 ver4. wpd AM 23/2003 OPTION B WOODLOT DESIGNATED EPA WITH PROVISIONS FOR LIMITED DEVELOPMENT AT EASTERN EDGE Draft Special Policy 14.44 Special Policy #44 refers to a parcel ofland, approximately 40ha in size and located on the west side of Gamer Road and north of Lundy's Lane and the CN railway tracks. Although the majority of these lands are designated for residential purposes, they are isolated from other residential areas and are subject to development constraints from suITounding natural and manmade features. Therefore, in order to ensure that future residential development is designed in a sensitive manner relative to suITounding land uses and that potential impacts from transportation corridors and industrial land uses are properly mitigated, the following special policies shall apply: 14.44.1 14.44.2 A 5 ha woodlot containing rare Carolinian tree species is located along the northerly periphery of the residential area. This area will be protected in accordance with the policies of Part 2, section 12 Environmental Protection Areas. Notwithstanding these policies, the development of two single detached dwellings shall be pennitted at the eastern edge of the woodlot by specific residential zoning subject to a detailed environmental impact study which addresses such matters as: (i) (ii) (iii) (iv) the location of species at risk being Round-leaf Greenbrier, Black Gum and Pin Oak; the identification of a restricted building envelop which will ensure the species at risk are not disrupted; the size of the restricted building envelope shall be detennined by study but shall be no greater than 15,000 sq. ft. including amenity area.. a lot grading plan which ensures species at risk within the single detached building lots will not be negatively impacted on. In order to ensure that future residential development adj acent to the woodlot is designed in a sensitive manner and does not negatively impact on the features and functions ofthe woodlot the following shall be considered: (i) development suITounding the woodlot area shall be setback in accordance with recommended buffer distances from an environmental impact study; 14.44.3 14.44.4 14.44.5 14.44.6 14.44.7 (ii) any master grading plan prepared for the development of adjacent residential lands shall be sensitive to the protection of the woodlot area; (iii) a habitat management plan shall be prepared that recognizes the habitat requirements of a species at risk. It is recognized that development will take place over a smaller, southerly woodlot however, existing trees should be maintained, where possible, through a tree preservation plan. Future residential development will be situated adjacent to the CNR railway, Redpath Industries and agricultural lands. The property is bisected by a future Provincial highway right-of-way. All of these uses could impact the future residential development of the property. Therefore, in order to ensure that potential impacts are mitigated the following will be addressed at the plan of subdivision stage. 14.44.4.1 Appropriate noise and vibration studies and corresponding design elements shall be undertaken to ensure that acceptable levels of compatibility are achieved. 14.44.4.2 Given that the main point of ingress and egress into the development is restricted to one general location on Gamer Road, special design considerations should be incorporated to provide for 2 full two-way movements into and out of the subdivision. 14.44.4.3 An internal road pattern maximizing vehicular and pedestrian circulation shall be incorporated in the design with due consideration given to road hierarchy and function. The use of cul-de-sacs shall be kept to a minimum. Lands situated on the north west side of the future highway corridor shall remain in a development holding zone. Should the corridor designation be relinquished by the Ministry of Transportation, these lands shall be integrated with the residential lands to the south east. The location and design of an appropriate neighbourhood park will be detennined at the plan of subdivision stage. The ultimate width of the linear stonnwater management facility will be detennined by detailed design through a stonn water management plan to be approved by relevant agencies at the zoning by-law amendment stage. S: \20 NIN G\AM S\2 00 3 \Am- 23 \DraftS pee ialP 0 I i eyO PT2 ver2EP Adesig. wpd ATTACHMENT :H q; ::.- .- '\ i .j ,'. @.. . _æ'-Vo"'" ((\ ~J.5&o.' . """"\,,,"W- V"€,"'# ,.F @ ¡:: '. w t , ffi ~ " s , APAII1NENT SITE (170 IJTi) rf" so.. 2191. €""..Z ".~ CONCEPT. PLAN ONL Y SOUTH OF THE HiGHWAY SINGLE LOTS_____---- 151 12 $EMI-DETACHED LOTS___- 2~ CONDOMINIUM BLOCK_____- 30 APARTMENT SlTE______-'- 170 . 375 UNITS 0 56.~5 ACRES -6.6~ UNiTS/ACRE(NOT INCLUDING PARK AND WOOD LOT) 'ï " i. '" ESTATE RESIDENTIAL' . SINGLE LOTS_____----- ~ UNITS 0 ~.61 ACRES-0.~3 UNITS/ACRE ,\, LUNDY'S LANE NORTH OF THE HIGHWAY SINGLE LOTS______--- 25% CONDOMINIUM BI.OCK_-_":"_- ~ . 75 UNITS 0 ~3.65 ACRES , '.:"-5;+G UNITS/ACRE -0 -,..0 -0 -I -I -I - DENOTES FOOT PATH (TOTAL I.£NGTH -2750:1: METRES) IQIA1. +52 UNITS 0 7+.71 A~~G.!i$".U~n/"'ORE (NOT INCLUDING PARK. AND WOOD LOT) ., ,">" ",._d. ,.,'.. - -.,-. --.. ., .--_'_'__d' ... -'- .....h_"_'_- -..-.-.-----....... ....--..---. ,-,,--,,_'-d .-.'" "'C""';';;:-':-'-'-":..' ATTACHMENT ~ Fernwood Development Preliminary Plan of Subdivision :J Key to Features Property BooJndory V &JbclvlslCX1 Prop- HI~woy R.OW. - WoIorcaJlS8 /0I1wrt " Uldetlnod Row- '-_at C5Borm W ExC8V81od DepressIon 279 Pend 0 Regional Municipality 01 Niagara (19 May 2002). Regional Municipality 01 Niagara owns the copyñght in the digital orthoimagery contained herein. The data are being used under license by L. Campbell & Associates, Environmental Consultants. nsu 0 55 110 I 220 I 330 I Meters 440 Figure Two L. C mpbell & ssociatcs f~n'Ji¡-Ollrn(;nt ! Consult Ills PI1#/ qð/O b'A/?J/FI? RD /VIA GA.,fA FAt '-5 o/-lT. L 2. E b S I¡- FEll )%f ~Cf:~ 'tJIO Q~~1M.e£1 P,o, 80,( IOd-.-3 ~ ro.ØU;°~ Lde~XS- ~ (J..¡;: C/ìY FILE flMJ,.."3-:>-oo3 ff,4.~wOO() PAoPo5ltL ~~ ~'7~;C,;r~~ t ~_.~~ ' Cù~' ~. ~.(j).1 ~ø.,J .~ ~ ~%~~~ ŒI~~",. IfF' .z _._-/-~ :þ/)Ý~~' 'G-~-r' \ft~~ ,. r ~~.~ ~ß-r://~~OO:9.. ~(~..v,¡(?)~ ¡;1~~~CV~~ 7~ ~-- ~~ , I'I'~~.~ cfl./ ~ J ~ ~ .:X;;-~ ~~~ ~.~~J d~/ ~ ~ ~ --ð~ ~/O.8A..hP~'-':~. ~ .~ ..8~.. ~~~~~~~/~ ~. ~ ;).oð3 .~ ~.. ~ C>--- - ~ .,ß~ ,/11,IJR. ~ ~ ~ . ~ ~ßPhnð-l~ ~ ~..~&~~~A~~~. .~ M../V.r? ~~.~.~. ~ . /</. /P. ç ~ ~ ,~-~ ~ a-- .~~ ~ ¿;~ J~ -<J7~/.~ ~-~ ~~~~~~ ~~.~.~~~r~ c~-c/~ . P UI,NNiNG. ME HiN G .!~~~ -~ 2~~ ~ - ~;:~ January 12,2004 RR#I, 4810 Gamer Rd. Niagara Falls, ON L2E 6S4 The Honourable David Ramsey Minister of Natural Resources 6th Floor Room 6630 6301 Whitney Block 99 Wellesley Street West Toronto, Ontario M7A lW3 Re: 17.5-Acre Gamer Road Woodlot North of Lundy's Lane and West of Gamer Road. Femwood Development. City of Niagara Falls. City File AM-23/2003. Woodlot is Carolinian Forest and threatened by proposed subdivision. Woodlot is Ecologically and Environmentally Significant. Dear Sir: Our group, "Gamer Road Woodland Defenders" are pleading to you to spare this 17.5- acre Carolinian woodlot from almost complete destruction by the developer, as his preliminary subdivision plan indicates will occur. Also, if the 420 highway extension is built, it will totally destroy the small section the developer plans to spare, resulting in none of the 17.5-acre Carolinian woodlot from being( completely elimiinated) preserved. This 17.5-acre woodlot was divided into two sections, now referred to as #83 and #87 when a roadway was slashed through it in the late 1970's by Klydel and Del-Zoto who purchased it. Then the city bought it and owned it up until it was sold to the present developer. The public notice to sell it was placed in the local newspaper, the Review, on a Saturday morning and brought before City Council for approval on the following Monday with no opportunity for Council to have time to become familiar with the importance of the Carolinian Woodlot. Also, the public only had Sunday to prepare comments, i.e. if they saw the newspaper notice. Luckily, we saw it. We attended the meeting and pleaded that the woodlot, since the city (taxpayers) owned it, be severed off as public lands and the remainder of the 100 acres be sold to whomever. This request was totally ignored and Council voted to sell the 100 acres along with the 17.5-acre Carolinian woodlot to the developer for $4000 per acre. Farmland in the surrounding area was appraised at $5000 an acre in 2000. Apparently it was a done deal even before it came to Council. No rebuttals by the public were permitted at the public meeting. January 12,2004 Minister of Natural Resources Page 2 -Collectively woodlot #83 and #87 fonn the largest urban-forested area north of Highway 20 within Niagara Falls representing a significant part of its forested area. -Woodlot #83 was ranked 34 out of 84 sites -Woodlot #83 was ranked 3rd highest site in the significant species category -It is one of only eight(8) sites that contain provincially rare vascular plants. -Woodlots #83 and #87 contain the following species of trees: -Burr Oak -Pin Oak -Basswood -Shumard Oak was observed by George Myers( a plant expert who drove past the Woodlot. Shumard Oak is a rare wetland woodlot species. Myers saw four(4) Shumard Oak trees in the south section of #87 alone, which M.N.R. states they have no concern if it is destroyed. -Since Cat Briar and Shumard Oak occur in this 17.5-acre woodlot it qualifies as Provincially significant wetland. - Vineland M.N.R. have yet to do a wetland evaluation of the Beaverdams Creek Watershed of which the 17.5-acre woodlot is a part of, as is the 100 acres in which this woodlot is located-being headwaters of an important tributary of Beaverdams Creek. -George Myers also saw a Holly in the woodlot and it only grows in a wetland woodlot. -Cat Briar is found in section #83 and is considered an endangered species that must be protected. -Both sections #83 and #87 contain large clusters offerns(two types found in section #87) -Sissilli leaves and Bellwort (also found there) are found only in Niagara and are not common. -Black Gum tree also found in 17.5-acre woodlot and is very rare. -Sugar maple -South section #87 contains (1) Solomon Seal and (2) May Apple, which is indicative of a Carolinian forest. It also indicates a tree canopy as it prefers shaded areas. -Iron wood is also found in the woodlot. T n January 12, 2004 Minister of Natural Resources Page 3 Does not the Provincial Policy Statement protect species at risk, which this 17.S-acre Carolinian woodlot contains? It is our understanding that it does. We request that you act on it and intervene to preserve the complete 17.5-acre woodlot. According to M.N.R. staff, they can only make recommendations to preserve a woodlot. They do not have authority to enforce its preservation. It is totally up to the Provincial, Regional and local municipal politicians to enforce the preservation of woodlots through proper zoning. We expect our elected representatives to take a stand to protect the province's ecology and environment from being further degraded and destroyed for purely economic benefits for a powerful and privileged few. It is long-long overdue that the housing and development industry be reined in and made to follow the same rules that the Province is asking Agriculture to do under the "Walkerton Inquiry" and Bill #81 to protect water quality. Some Histoty of 34- Years For the last 31 years I have watched Niagara Falls pennit developers to destroy all the Carolinian woodlots in Northwest Niagara Falls. New subdivisions were built. Creek valleys flat-topped and homes built on them. Creeks and their tributaries filled in and piped and raw, untreated sewage overflows along with improperly-controlled stonn sewer water dumped through our dairy fann with M.O.E.' s approval( re a "certificate of approval" -nullifying any effort on our part to protect the two creeks crossing our fann). Also massive watershed diversions from the watersheds of four creeks were done by piping through higher ground into Shriner's Creek, thus severely impacting on it, causing severe erosion and loss of cropland on our farins-my understanding is that diversions are illegal but N.P.C.A. and M.N.R. allowed it or were unaware of it. - --- --- -------------- In conclusion, it is useless for us to complain about the destruction of the world's rain forests affecting climate change and in the same breath hypocritically hire consultants and experts of all stripes to rank and evaluate our few woodlands that remain in Northwest Niagara Falls into extinction for purely economic reasons. We are requesting that you as minister of M.N.R. intervene and spare this unique Carolinian woodland. Thanking you in advance for considering a reasonable request. Sincerely, .. ~ &J~~~ Peter Grandoni :}'" '" : iDougan & , Associates Eèological Consulting Services (918676 ant Inc.) 7 Waterloo Avenue Guelph. Ontario N I H 3HZ Tel: (519) 822-1609 Fax: (519) 822-5389 , [mail: info@dougan.ca Web: www.dougan.ca . Natural Heritage Planning Landscape & Habitat Design . . Habitat Assessment. Restoration & Management . Ecological Research & Monitoring Environmental Impact Assessments Urban Street Tree & Forest Management Peer Review & Expert Witness Testimony October 1, 2003 Mr. Peter Grandoni R.R. #1, 4810 Gamer Road Niagara Falls, ON L2E 6S4 Dear sir; Re: Fernwood Development, City of Niagara Falls In regard to your recent phone call, I received the March 2003 EIS (Campbell & Associates) and other background information which you provided regarding the woodlot located on the Fernwood Development site in Niagara Falls. Thls letter is a brief response to your question whether an independent review of the EIS may be justified. Despite the relatively low resolution of the air photo provided (Region of Niagara, 2000) it is apparent that a significant portion of the woodlot on this property consists of wet forest with 'vernal' pools or seasonally wet sloughs, a condition that is prevalent in the Haldimand clay plain and especially pronounced in the vicinity of the City of Niagara Falls. Typically, grading within the micro-catchments that feed moisture to such pools can alter their water regime and hence the sustainability of reliant plant species and wildlife. In our experience encroachment of lots could affect hydrology and the forest microclimate 50 metres or more beyond the limit of development. We have studied development impacts in clay plain ecosystems over the past 25 years, and portions of the habitats are frequently determined to be wetlands under the Ontario Wetland Evaluation System. The wetlands are often provincially significant due to their efficient attenuation of runoff, and presence of significant Carolinian species such as the Pin Oak, Tupelo, and Roundleaf Greenbriar documented here. There appears to be merit in a more detailed analysis of the EIS findings as my initial review indicates that the document may not adequately address the complexities of developing within this type of forest habitat. Access to the property would be a basic requirement to assess the overall adequacy of the study. Therefore you should gain the consent of the landowner and/or City staff if you wish to pursue this matter. Please contact me at your convenience if you wish to discuss this further. I .. - :;"C; ~~ .1. 1;. ~ .' ~;) ..1 t " ,...,. , -.. ÐE"vÉ; L.of""é t1JT ~., -:. réftTIÁß.G) HI G-H AQLlIFEa. (f(IISt THE NIAGARA PENINSULA CONSERVATION AUTHORITY THE CORPORATION OF THE CITY OF NIAGARA FALLS ~ L BOUNDARY OF TRIBUTARY AREA UPSTREAM OF HIGHWAY No.5B.__nnu_h..... 2. BOUNDARY OF TRIBUTARY AREA UPSTREAM OF TOWNLINE ROAD.hnmu_- 3. PROPOSED URBAN BOUNDARY.nmhnm_n_-.' - - - 4. BEDROCK CONTOUR (GEODETIC ELEVATIONl..-- - ~58<Y' 5. LOCAL ROCK HIGH5.--___- - 6. ESCARPMENT..--m______-- --V.LL. BEDROCK CONTOURS Proctor & Redfern Umited "'--... Eoo-- T...... St.c.-- INFORMATION DEVELOPED BY GARTNER LEE ASSOCIATES LTD. DESIGNED I DRAWN ICHECKED BY' BY' BY' P.K.L. P.G. J.R.R. DATE: I SCALE: JULY 1915 1"=2000' DRAWING NO. 74442- G7 ~ 12 ,'13 R" ) "- :,. ,:', C-(tol)..¡v(JVJ(ri;:-1t '^' _co P: J..,a '.Ai t't^t'tø~-V -. . ..1. ' ;] "; ~'-. '--:¡"DATE: i t.,- JULY 1975 1":2000' n ~ ., THE NIAGARA PENINSULA CONSERVATION AUTHORITY THE CORPORATION OF THE CITY OF NIAGARA FALLS LEGEND: L BOUNDARY' OF TRIBUTARY AREA UPSTREAM OF HIGHWAY No.58.-uuuu- ---.. 2, BOUNDARY OF TRIBUTARY AREA UPSTREAM OF TOWNLINE ROAD.-m_--_u- 3. PROPOSED URBAN , BOUNDARY.--m---n__n--' - - - 4. POTENTIOMETRIC ../ CONTOUR.__uu u_--- __580 5. GENERAL FLOW ---'" DIRECTION._____---- - --- 6. RECHARGE ZONE ALREADY ~ DEVELOPED'h__unn___~ 7. GROUND WATER DIVIDE_- B, RECHARGE ZONE UNDEVE- LOPED AND DRAINING OUT ~ OF WATERSHED.unu- n_~ 9. RECHARGE ZONE UNDEVE- LOPED AND DRAINING ~ THROUGH WATERSHED__n_~ GROUNDWATER SCALE: DRAWING NO. 74442- G8 ~ Corporate Services Department PD-2004-15 Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca February 23,2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-15, Official Plan & Zoning By-law Amendment Application AM-01l2004, 6057 Drummond Road Applicant: Bev Hodgson Agent: Richard Brady, Planner Proposed Conversion of an Existing Dwelling RECOMMENDATION: It is recommended that: 1) Council approve the application to amend the Official Plan and Zoning By-law to pennit a law office and Chiropractic office within the existing dwelling together with one dwelling unit, as interim uses; 2) the amending zoning by-law include provisions regulating the location and floor area of the uses, landscaped open space and maximum number of parking spaces to be provided; and 3) concerned neighbours be invited to participate in the site plan approval process. BACKGROUND: Bev Hodgson, through her agent, Richard Brady, has made application to amend the Official Plan and Zoning By-law in order to pennit: . the establishment of a lawyer's office on the first and second floors of the existing building; a dwelling unit on the third floor of the building; and . the continuation of the existing chiropractic office. Details of the site are shown on Schedule 2. Working Together to Serve Our Community Clerks' Finance' Human Resources. Information Systems. Legal. Planning & Development ---'-,._-~. n February 23, 2004 - 2 - PD-2004-15 The land is currently designated Residential in the Official Plan and is zoned Transition Residential Multiple (TRM) in the Zoning By-law. The applicant is requesting a Special Policy Area designation to be included in the Official Plan to permit the proposed conversion of the existing building as an interim use until such time that the land develops for multi-use residential housing. The TRM zoning is requested to be site specifically amended to permit the proposal and to regulate certain parameters such as floor areas for each use, location of each use, landscaping and a minor expansion to the parking area on the west side of the building. Site Description and Surrounding Land Uses The 0.18 hectare site is located on the southwest comer of Drummond Road and Barker Street and is occupied by a 2 Y2 storey, 105 square metre (1,130 sq. ft) dwelling. The dwelling also currently has a chiropractic office, with a sole practitioner. The chiropractic office was previously permitted through a minor variance to allow for a non- family member to be employed. The current practitioner took over the office upon the retirement of the previous chiropractor and does not reside in the dwelling. Therefore, the current chiropractic office is operating outside the requirements ofthe by- law. The surrounding land uses are predominantly single-detached dwellings with low-rise apartments located to the west. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. The following comments have been received: Municipal Works Dedication of a 3.0 metre (lOft) road widening along the entire Drummond Road frontage. Dedication of a 7 metre by 7 metre daylighting triangle at the intersection of Drummond Road and Barker Street. Building & By-law Services The owner is to contact the Building division for all requirements for the renovation to an existing building. A letter has been received from the abutting neighbour to the south stating concerns regarding the impact of the proposed intensified use of the property and parking adjacent to his property. Planning Analysis 1. The proposal requires an Official Plan amendment. The subject property is designated Residential in the Official Plan. Lands designated Residential are to be developed for housing. Given the subject property's location on an arterial road and its TRM zoning, the long-term intent for the land is for the development of multiple-unit residential housing. n February 23, 2004 - 3 - PD-2004-15 While housing is the predominant fonn of development, neighbourhood commercial uses can be established which serve the immediate area. Such facilities are not to be located within 800 metres of a similar use or commercial designation and sites are to be detennined through secondary plans or plans of subdivision. Because ofthese policies, the applicant has requested an Official Plan amendment to permit the establishment of the proposed uses. 2. The requested Official Plan amendment is appropriate. In general, the ad hoc establishment of commercial uses on Residential lands is not acceptable. Commercial uses are to be located in specified areas that are appropriately designated. The indiscriminate location of commercial uses in Residential areas can lead to land use compatibility issues. With respect to the subject application, it is not within the City's planning program to have commercial uses spread southward from Lundy's Lane along Drummond Road toward the Minor Commercial node at Dunn Street. While the existing chiropractic office as a home occupation appears to have compatibly coexisted with the surrounding residential uses, the proposal to establish a law office, together with the chiropractic office, is an intensification and a potential entrenchment of commercial uses that is not in keeping with the Official Plan. The applicant's planner has submitted a commentary on the application. The commentary provides justification of the proposal based upon the Official Plan's tests for amendments. . The proposal complies with the general provisions of the Plan as it is for an interim use only. The long tenn intent for multi-unit housing is maintained. . The use is compatible as the establishment of the chiropractic office was supported by the neighbourhood. The proposal apparently is also supported by the neighbourhood. Moreover, the existing building is not being expanded. . Although there are other areas of the city that could be developed for this use, there were apparently no other large houses available that would pennit this fonn of converSIOn. As interim uses, the proposed law office and chiropractic office, located in the existing building and strictly regulated in terms of floor area, do have planning merit. First, the proposal will utilize the entire building. Underutilized buildings tend not to be as well maintained as fully occupied buildings and can result in property degradation. Thus, the proposal may well continue or improve upon the standard of the property. Secondly, the level of intensity of the proposed commercial uses is likely to not be dissimilar to that of a small apartment. The Official Plan would allow for the establishment of a nine-unit apartment on the land. This would require 12 parking spaces, which is the same as the proposal. The frequency of use of the offices, while being more intense during business hours, would be virtually nonexistent any other time and would likely average out to being similar to the apartment. Lastly, as noted by the applicant's planner, the requested amendment clearly states that these uses would be interim, only until the long-term intent for multi-unit residential is realized. No expansions or further intensification would be pennitted under the amendment as it will be limited to office uses and specified floor areas. February 23, 2004 - 4 - PD-2004-15 In order to provide a degree of flexibility, it is recommended that the Official Plan amendment not strictly limit the office uses to a law office and a chiropractic office, but rather permit two offices. In this manner, tenancy can change without the need to amend the Official Plan. However, the amendment should state that the offices can only occupy up to 275 sq. m (2,960 sq. ft.) of floor area and be located on the first and second floors of the existing building. . The amending zoning by-law will contain specific provisions to control the development. The land is cuITently zoned TRM. This zoning implies that the land is slated for multi-unit housing. The applicant has applied to retain the TRM zoning but to site specifically modify the zoning to include the law office and the chiropractic office as permitted uses. In a manner similar to that being recommended for the Official Plan amendment, it is recommended that the amending by-law not be limited specifically to a law office and a chiropractic office but to include not more than two offices as permitted uses. It would also contain regulations on the maximum floor area and that the uses can only be within the existing building, i.e., no additions or expansions to the buildings or uses could occur. The amending by-law should also include regulations respecting parking and landscaping. The neighbouring resident to the south has noted concerns regarding the proposal, particularly about the impact of parking. The concerns have been resolved through discussions between the applicant's agent, the neighbour's solicitor and staff. A new 10- space parking area is to be constructed within the northwest portion of the property instead. This will remove the impacts of parking from the neighbour. Closed board fencing will extend the length ofthe property line between the neighbour and the subject land. Al O-foot landscaped strip and fencing will screen the parking area from the low-rise apartments to the west. Details of the site works can be coordinated and reviewed through the site plan agreement. It is recommended that this resident and any others with concerns be consulted during the site plan review. CONCLUSION: Based on the foregoing, amendments to the Official Plan and Zoning By-law can be recommended for the following reasons: . the Official Plan amendment will restrict the proposed office uses as interim uses within the existing building only and also in terms of maximum floor area; . the proposed office uses are not dissimilar in intensity to a low rise (9-unit) apartment that could be developed on the land in accordance with the Residential policies of the Official Plan; . the proposed office use is a reasonable interim use; and . the amending zoning by-law will retain the TRM zoning and include the office use as a permitted use and will also have provisions to regulate the office floor area, location of the uses, parking and landscaping. February 23, 2004 Recommended by: ÐD.Åc~ Doug Darbyson Director of Planning & Development Approved by: ji<1JpdJa; . T. Ravenda Executive Director of Corporate Services JB:gd Attach. S:\PDR\2004\PD2004-15, AM-OI-04, 6057 Drummond Rd.wpd - 5 - PD-2004-15 spectfully SUb~~J.d: y>? úl "7 ' - t7 "----- hn MacDonald Chief Administrative Officer ,-------' . .. SCHEDULE 1 LOCATION MAP. Subject Land ~ J \ l\\\\ l \ \ \ í I KERST BARKER ST MARANDA ST ~ 0 z 0 ::E ::E :;¡ a: 0 ~rí Amending Zoning By-law No. 79-200 Location: 6087 Drummond Road Applicant: Bey Hodgson K;\G IS - Requests\2OO4\ScheduJeslZoningAMlAM-O I \mapping .apT AM-O 1/2004 ~ e l:NTS January 2004 BAR Kr 1\ t/lí . ,\'-0" I', ~.1~1,)"~ . 1 5, / -,/. ~ IØ'-O" - '/'~J '-/ (+11') 1-.5" ~ / , ,~~'; I ' .~// ~. 151 W7f\\Þ<1if f^¡4-\tJ 117 ?w1ÀI Ñ t 0 '5 ¿ ð ~ ~ .:.l 2, ..:> '2 ~I I " I 1- !?tv\<.- I '1fO'f-f5Y ~'It '>íOF-f-1 '1ftf"-' vø-.I<IJt'A.11 ------ I I I \ \ Cll,-r--pd,,& ~ ¿; ..,,-.I<I'F fN"\<.-I.J'1 2. I ¡ L_, 4'lUFfN£ : ------ -- STR E [1 ~~ -:71176W -'v~ ö~ ! N Wof-1\I t~ Of ,? "'VI.- WAt;ÎÞ--í IONI:'-M:II-,\r1!IJt'î7fU~")W ;; f'FWf;-F-i'Y 1'0 l. --1 15 ¡JeW w-.W~ /' ~ 1PJI t.1~l.!::!~'7\CIN 'To 17!:-. ¡t{:;~ 1 1m. wr¡rOH. Ç~.I(.1'JG{) UAIJ¡:;> ~ WD0{7 '?$1~-C¡!'ÐUI.jD vII 1lé íO HJ..i'C't\ t:'-)UC¡(\\.--\~ I I I I I I .¡ ;:, --< '5 \\J D - I,j) ! I ':W V.I<\"JIJ;:, Ilr \- ~íl'J1ÏNc, ÞO-:f\\AvÎ 171Z\\I(" ío B( WI~W 10 Io/-~" \!j/.\?fn-.\c, "-0" ).\6-1%115 6057 Drummond Road, Niagara Falls, Ontario Landscape Site Plan Scale: 1" = 10',0" Date: December 20.2003 '-2) D ~ en C) n ~ :E m CI ~ C Z r- m () I$ ~ ~ :=J ~ D ~ ... PAULA BERKETO. LANDSc.'J'E ARCHITECT """-""""-"""""""""".""" . ."",""'"" 'u ".""",,.. -.If :I- PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca ~ ~ Planning Scanned File: ZOtlll ;Vb AM-Ot~,+ Vc..wk.>'Pß, February 16, 2004 Files: D.10.M.11.21 D.10.M.11.23 Mr. Doug Darbyson, MCIP, RPP Director of Planning & Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 RECEIVED FEB \ 9 2004 Dear Mr. Darbyson: Re: Official Plan and Zoning By-law Amendment Application Bev Hodgson 6057 Drummond Road City of Niaaara Falls PLANNING & DEVELOPMENT This application proposes to amend the City's Official Plan and Zoning By-law to permit an existing dwelling to be utilized for a law office, to be established on the first and second floors, together with a dwelling unit on the third floor and the continued use of a chiropractic office on the first floor. The City has also requested that the Official Plan amendment be granted an exemption from approval by Regional Council in accordance with the Region's exemption policy. Reaional and Provincial Plannina Review These lands are within the Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A variety of urban land uses are permitted with municipal services provided. The property is designated Residential in the Official Plan and zoned Transition Residential Multiple (TRM) according to By-law 79-200. The site is situated on the edge of a residential neighbourhood on a local arterial road. The long term intent is to develop lands along Drummond Road for higher residential densities through multiple forms of housing. The proposed amendments will retain the current Residential designation and zoning of these lands in order to facilitate the potential redevelopment of the property in the future for residential purposes. The existing dwelling was previously converted into a mixed office (chiropractor) and residential use. The current proposal will add an additional office use in the building and expand the parking area to provide four more parking spaces. Commercial space will be limited to 275 square metres of floor area. The City should be satisfied that the development will be compatibly integrated into the neighbourhood. Any landscape features deemed necessary to address local concerns can be implemented by the City through the amending zoning by-law and a site plan agreement for the development. Overall, this mixed use proposal is encouraged in the Regional Policy Plan and the Region's Smart Growth principles as a way to make more efficient use of urban lands and existing services. The proposal also meets the objectives of the Provincial Policy Statement. Ther~ ~re. no natural features on the property or development matters that affecFêBg~r$l12064 Provincial Interests. PLANN\NG MEET!NG -------- .- 2 Approval Exemption for Official Plan Amendment This is a site specific amendment for a small scale, mixed commercial and residential development proposed within an existing building that is considered to be minor in nature and of local interest only. Preconsultation was undertaken with Regional Planning staff and relevant background information was submitted by the City to support the request for an exemption from Regional approval for the Official Plan Amendment. This adequately demonstrates that this Amendment qualifies for an exemption from Regional approval. A copy of the draft Official Plan Amendment was submitted to Regional Planning staff for review in order to meet the Region's exemption criteria. An amendment number must be allocated and a schedule prepared to illustrate the lands affected by the amendment. Once this information and our required review fee of $500 have been provided, the Regional Planning and Development Department will be able to issue a formal written exemption letter for inclusion in the Amendment. Conclusion Regional Planning staff is not opposed to the Official Plan and Zoning By-law amendment application from a Regional and Provincial planning perspective. However, the Official Plan amendment document should not be presented to City Council for formal approval until the Region's exemption letter has been forwarded as previously noted. Yours truly, \]kC1- Peter Colosimo, MCIP, RPP Senior Planner c: Councillor W. Smeaton R. Brady, Urban & Environmental Management Inc. M:\MSWORD\PC\N F cpa \Drummond RdHodgson .doc Corporate Services Department PD-2004-17 Planning & Development 4310 Queen Street P.o. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director ..-- Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 plann ing@city.niagarafalls.on.ca February 23,2004 His Worship Mayor Ted Saki and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-17, Official Plan & Zoning By-law Amendment Applications AM-O2/2004, 4407 Montrose Road Applicant: Rosemary Cordasco Proposed Conversion of Existing Building RECOMMENDATION: It is recommended that Council approve the application to amend the Official Plan and Zoning By- law to pennit the establishment of an office for a chiropractor and registered massage therapist within the existing building at 4407 Montrose Road. BACKGROUND: Rosemary Cordasco has made application to amend the Official Plan and Zoning By-law to pennit the establishment of an office for a chiropractor and a registered massage therapist. Details are shown on Schedule 2. The land is currently designated Residential, Special Policy Area "20". Special Policy Area "20" pennits a beauty salon as an interim use until the land is developed for residential purposes. The applicant is requesting a change to Special Policy Area "20" to pennit the chiropractic and massage therapy office as interim uses under the Residential designation. The land is currently zoned Residential Single and Two Family (R2-366). Special Provision 366 pennits the first floor ofthe dwelling to be used as a beauty salon. A new site specific amending by- law is required to pennit a portion of the dwelling to be used as a chiropractic and massage therapy offices instead of a beauty salon. Site Description and Surrounding Land Uses The 0.18 hectare parcel is located on the west side of Montrose Road, between Chorozy Street and Alpine Drive and is occupied by a 2-storey, 2077 square foot (193 sq. metre) building. In addition to the beauty salon, the building has two dwelling units. Working Together to Serve Our Community Clerks' Finance. Human Resources' Information Systems' Legal' Planning & Development I n February 23, 2004 - 2 - PD-2004-17 The lands surrounding the subject parcel are used for industrial purposes to the east and single detached dwellings to the south. To the north and west is vacant land which is zoned for low density multiple residential housing. North of the Hydro corridor, the vacant lands are zoned for single detached dwellings. Circulation Comments Infonnation regarding this application was circulated to City departments, government agencies and the public for comment. No objections or concerns with the proposal were received. Planning Analysis 1. The requested amendment to the Official Plan is appropriate. Special Policy Area "20" is requested to be amended to pennit the proposed chiropractic and massage therapy office on an interim basis. The Official Plan requires that neighbourhood commercial uses be located no closer than 800 metres from a similar use or commercial designation. New neighbourhood commercial facilities are to be determined through secondary plans or by plan of subdivision. As such, the subject property should not be considered for commercial uses. Nonetheless, the current salon has compatibly existed with the surrounding lands for the past nine years since its establishment. The salon has also not impeded the further development of adjacent lands. Therefore, the establishment of low- intensity commercial uses within the existing building as interim uses is not unreasonable. Based on this, it is recommended that the amendment to the Official Plan be modified to expand, in a minor way, the uses permitted to include offices and a personal service shop (the general term that includes uses similar to a hair salon). The amendment will continue to contain wording that states the land is intended for multi-unit housing. 2. The requested Zoning By-law amendment is appropriate. The subject land is currently zoned R2-366. Special provision 366 includes a hair salon as a permitted use. The applicant is requesting an amendment to this zoning to include the proposed chiropractic and massage therapy office as a pennitted use under the R2 zone. The request is appropriate as the R2 zoning is to be retained so as to allow for the redevelopment of the land for multi -residential which is the long-term intent. It is recommended further that the amending by-law include "office" and "personal service shop" as pennitted uses under the R2 zoning, in order to coincide with the Official Plan amendment. CONCLUSION: Based on the foregoing, amendments to the Official Plan and Zoning By-law to permit a chiropractic and massage therapy office can be recommended for the following reasons: . the chiropractic and massage therapy office is a low-intensity commercial use, similar to the current beauty salon which has compatibly existed for nine years, and is a reasonable interim use; February 23, 2004 - 3 - PD-2004-17 . the Official Plan amendment will restrict the office and personal service shop as interim uses only within the first floor of the existing building; and the Residential Official Plan designation will be retained which, together with the R2 zone, will serve to ensure that the long-tenn intent ofthe Official Plan for multi-unit residential is maintained. Respectfully su~ 1 hn MacDonald hief Administrative Officer Recommended by: ~~- Do~gt;byson Director of Planning & Development Approved by: ~VaJ~ T. Ravenda Executive Director of Corporate Services JB:pb Attach. S:\PDR\2004\PD2004-17, AM-02-04, 4407 Montrose Rd, Cordasco.wpd .. SCHEDULE 1 LOCATION MAP. Subject Land ~ LllWJ Wlil \ "'" l ~ l /' eo" ...- /" GALLINGER ST ..e- e"o..e ø.o-/lf au /If-0.e. .13.0 Amending Zoning By-law No. 79-200 ~ 8 Location: 4407 Montrose Road Applicant: Rosemary Cordasco 1<: \GIS - Requests\2004\Sched uI eslZoningAM\AM -0 2 \mapping .apc AM-O2/2004 l:NTS January 2004 ! I . . ø N 0..1. .L'1..7¡o_- W_-- 4/Z.ANt../i-AI2. f.Ai2-JqN4- Af.Z.¿ A ¡:o¡z.' ,. GAIZ:;- ,,"I ,I 2-j , C' "ct' .~~~ ~ ' ~ ! Plaiming Scanned Flle:_40N/ tJ(y 7f --.'-. / I "-, , "-",- I:> ~ ç¡ '-£><"'/1..>.5':>--... -\lIL- - /~u &,.0' I ----- h<. &Jl.A~~ ./ .¡.. ~l'A"'T !'£7W£EN pj ~!;. t7=p~ -:-:f;:;:;:í?-,^/ =;1$>°;:(3)- :u- IlUI/lUOt..I5- TIZ£/:;.-40NI"'H 7?:> /Z£MÞI/"L Pl- f4',øWo.i., -¡¿A,NUi-A/Z £X/.5TIJ..):z Ã,,:.',:r70 .~MAlN 5MOJ;::ÆX, ¡;'AI.Æ.~ £-t "s w- EIv'TJZ;t' XI5T1NÚ' /1#.0 K Ð<TE1V7" QC N!~IfA'-~f'A..\7IN;r- ~"'Zlð'#K.l6J,~Ç!jf;I¡"¿;' CAIZS- Þ/Z.IVEWAY. " _rx/,5TINd 1b...a_JdL. 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PlMGNSlav:5 j7/ZIO/Z. 7ð CCW~,t:L.lCl7O1-L ;:¡;>::)-1Y=-=AJ..J;;...OFE PIZA.WIN~, ,. -- ----- --... -- u.' -,--- - .. CITY- ,~Æ- N~ Fé.L..L5 ","UIn:UNIZ.J Fq.2. A5f'1-'Al..T".,J1¿Vé:MFN'L- =- 5HA4.., Øé APHtr1ZEP Tb: :>1££ '5GCI7oN A A&<4Æ. ~ ..¡ ~ /^ PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca 1-<~ February 17, 2004 ....,J/¡1 Planning Scanped File: ZOAII M:7 IWt. l../UJOtJ.- vú--EIlt!.S f.ß, Files: D.10.M.11.21 D.10.M.11.23 Mr. Doug Darbyson, MCIP, RPP Director of Planning & Development City of Niagara Falls 431 0 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RECEIVED FEB 1 9 2001t PLANNING & DEVELOPMENT Re: Official Plan and Zoning By-law Amendment Application Rosemary Cordasco 4407 Montrose Road (Regional Road 98) City of Niaaara Falls This application proposes to amend the City's Official Plan and Zoning By-law to permit an existing dwelling to be utilized for a chiropractic and registered massage therapy office. The building currently contains two dwelling units and a hair salon. The City has also requested that the Official Plan amendment be granted an exemption from approval by Regional Council in accordance with the Region's exemption policy. Reaional and Provincial PlanninQ Review These lands are within the Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A variety of urban land uses are permitted with municipal services provided. The property is designated Residential in the Official Plan and Residential Single and Two Family (R2-366) in By-law 79-200. Similar site specific amendments to the City's Official Plan and Zoning By-law were previously approved to permit a hair salon at this location as an interim use until the property is eventually redeveloped for residential purposes. The amendments currently being proposed will simply replace the hair salon with the proposed office use and continue to permit residential development. The site is situated on the periphery of a residential neighbourhood and on a Regional arterial road. This location and the configuration of the site are desirable for the provision of medium density housing, In this regard, the City may want to consider a multiple residential zoning classification that could allow a multiple form of housing in the future. According to the site plan submitted with the application, the proposed office use will be facilitated through internal renovations to the existing building and there are no changes being proposed to the existing parking area. This should continue to be a reasonably compatible development. Any additional measures required to address local concerns can be implemented by the City through an amendment to the existing site plan agreement. The Regional Public Works Department has advised that there are no concerns with the proposed use of these lands since it involves the reuse of an existing building with no changes to the entrance on the Regional road. PLANNING MEETING F:3 2 3 2004 2 Approval Exemption for Official Plan Amendment This is a site specific amendment associated with a small scale development within an existing building that will simply replace one existing commercial use (hair salon) with another (chiropractic & massage office) This is, therefore, considered to be minor in nature and of local interest only. Preconsultation was undertaken with Regional Planning staff and relevant background information was submitted by the City to support the request for an exemption from Regional approval for the Official Plan Amendment. This adequately demonstrates that this Amendment qualifies for an exemption from Regional approval. A copy of the draft Official Plan Amendment was submitted to Regional Planning staff for review in order to meet the Region's exemption criteria. An amendment number must be allocated and a schedule prepared to illustrate the lands affected by the amendment. Once this information and our required review fee of $500 have been provided, the Regional Planning and Development Department will be able to issue a formal written exemption letter for inclusion in the Amendment. Conclusion Regional Planning staff is not opposed to the Official Plan and Zoning By-law amendment application from a Regional and Provincial planning perspective. However, the Official Plan amendment document should not be presented to City Council for formal approval until the Region's exemption letter has been forwarded as previously noted. Yours truly, \]!CL- Peter Colosimo, MCIP, RPP Senior Planner c: Councillor W. Smeaton R. Cordasco, 4480 Dawn Cres., Niagara Falls, ON L2H 3H9 W. Stevens, Regional Public Works M: \MSW 0 RD\PC\N Fopa \DrummondRd Hodgson. doc -----,--. .. Corporate Services Department PD-2004-21 Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director ~ Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 plan ning@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-21, Zoning By-law Amendment Application AM-O3/2004, SW Quadrant of Kalar Road & Brown Road Applicant: Heartland Forest Agent: Richard Brady, Planner Heartland Forest Resort - First Phase RECOMMENDATION: It is recommended that Council approve the requested Zoning By-law amendment in order to pennit the establishment of 100 recreational vehicle/trailer sites and a multi-use building as the first phase of development for the Heartland Forest Resort. BACKGROUND: Heartland Forest, through its agent Richard Brady, has requested an amendment for 10.8 ha (26.6 ac) of land in the southwest quadrant ofKalar Road and Brown Road, as shown on Schedule 1. The amendment is requested to pennit the development of 100 recreational vehicle/trailer sites and one multi-use building as the first phase of the Heartland Forest theme park development. Details are shown on Schedule 2. The land is currently zoned Heavy Industrial (HI) in the Zoning By-law. A site specific Tourist Commercial (TC) zone is requested to pennit the development. Site Description and Surrounding Land Uses The 10.8 ha parcel is part of a larger 100 ha site bordered by Brown Road, Kalar Road and Chippawa Creek Road. The subject parcel is vacant and is bordered to the west by a large wet/woodlot which is classified as a Provincially Significant Wetland (PSW) according to the Ministry of Natural Resources (MNR). Lands directly adjacent to the south are owned by the applicant and are slated for further phases of the theme park development. Thompson Creek is the southerly edge of the larger parcel. Lands to the north and east are vacant and are designated Industrial in the Official Plan. Working Together to Serve Our Community Clerks. Finance' Human Resources' Information Systems' Legal' Planning & Development February 23, 2004 - 2 - PD-2004-21 Circulation Comments Infonnation regarding the application was circulated to City departments, government agencies and the public for comment. . Municipal Works Infrastructure A 2.9 m road widening is to be dedicated along the full frontages of Kalar Road and Brown Road. A 7 m x 7 m daylight triangle is to be dedicated at the intersection ofKalar Road and Brown Road. Upgrades to the watennain system may be necessary subj ect to distribution needs of the trunk watennain that are being studied by the Region. A stonnwater management report is required to satisfy the requirements ofthe MNR and Niagara Peninsula Conservation Authority (NPCA). Municipal Works have been studying the planning and coordination of the installation of an appropriate sewage collection system for the undeveloped lands in the Gamer South area. The study has not been completed. As such, as it is unlikely that the system will be in place in time of the first phase of development, it is recommended that the developer pursue approvals for a private sewage disposal system in the meantime. Transportation Planning See attached memorandum. . Regional Planning & Development The lands within the Provincially Significant Wetland (PSW) that are in the development area shown on the site plan should be zoned Hazard Land (HL) or Environmental Protection Area (EP A). The 9 m setback from the edge of forest should be included in the amending zoning by-law. Trail development within the PSW is not to occur at this time. A further EIS will be required to detennine the details of the trail development. A tree preservation plan should be included in the site plan agreement. The studies submitted with the application are to be implemented as conditions ofthe site plan agreement. February 23, 2004 - 3 - PD-2004-21 The stonnwater management pond, although outside the area to be zoned, should be included in the site plan agreement. The master site plan should not be registered at this time due to the phasing on the zonmg. Planning Analysis 1. The Official Plan sets out a policy framework for the execution of the proposed resort. The lands that are to be developed as the Heartland Forest Resort are designated Resort Commercial and Environmental Protection Area. They are also governed by Special Policy Area "35" which sets out a specific policy framework for the development ofthe proposed resort. The lands are intended to be developed as a comprehensive, fully integrated, large-scale resort commercial development consisting of both high and low intensity components. The proposed development is an introductory phase of the ultimate development. . Protection of the Environmental Protection Area The Plan states that any Zoning By-law amendment is to be accompanied by an Environmental Impact Study (EIS) which is to identify the boundaries of the PSW, woodlot areas and any intended use, significant stands of trees and fish habitat. Buffering, distance separation and other mitigation measures are also to be identified. A field evaluation was undertaken by a consulting biologist to delineate the forest boundary in relation to the proposed development and to detennine appropriate setbacks. The report recommends that a 9 m setback be established between the edge of forest and the RV/trailer sites in order to provide sufficient protection of the established woodland edge. A number of mitigation measures, including temporary fencing, grading, placement of fill and tree and scrub removal, have been recommended. These measures should be included in the site plan agreement. . Separation of Land Uses Lands designated and zoned for heavy industrial uses, located west of Gamer Road, are to be respected with a compatible arrangement of the Resort Commercial land uses. The more intensive Resort Commercial uses, including accommodations, assembly halls and education facilities, are to be located beyond a distance of 1.09 km from the eastern edge of Gamer Road. Within the 1.09 km separation distance passive uses can be located that include golf courses, sports fields, trails and water parks. The proposed RV/trailer sites and the multi-use building are located more than 1.4 km east of Gamer Road and within the northeast quadrant of the property. Therefore, the siting of the proposal meets the policies of the Plan. TO February 23, 2004 -4- PD-2004-21 . A site specific Zoning By-law amendment is to address certain requirements. The applicant has advised that the development ofthe resort is proposed to proceed through stages over a 20-year time frame. With each phase an amendment to the Zoning By-law will be required. Although a phased approach to zoning appears to be contrary to the policy regarding by-law amendments, it is unreasonable to require that a single amendment application be made for such a large-scale development, the details of which may change over the course of implementation. Nevertheless, each phase will have to satisfy the policies set out in the plan. Buildings are to be low-rise to fit in with the natural character of the area and to be less affected by odour and air emissions from neighbouring industries. The RV/trailers and one-storey multi-use building comply with this policy. Exact boundaries are to be established ofthe natural features being preserved. The EIS has delineated the edge ofthe woodlotIPSW which will be illustrated on the schedule of the amending zoning by-law. Traffic impact, stormwater management, sanitary and water servicing studies together with updated noise and odour studies and an EIS are to be submitted with each application. The requisite studies have been submitted. Regional Planning & Development is the commenting agency respecting the majority of the studies. The Region recommends implementation of the studies' recommendations through the site plan agreement. Detailed comments from the Region are attached. 2. The requested amendment is appropriate. The applicant has requested the application of a site specific TC zone to regulate the development. A site specific TC zone is appropriate because the resort will be a toOOst- serving operation, albeit in a non-urban setting. However, a concern has been raised by the solicitor of an adjacent landowner regarding the applicability ofthe TC zone as it appears to have a different connotation than what may be inferred from the Resort Commercial Official Plan designation. Staffwill discuss an acceptable zone classification with the applicant and the landowner's solicitor. CONCLUSION: Based on the foregoing, the requested amendment can be recommended for the following reasons: . the proposal complies with the policy framework established for the resort development in the Official Plan; . the EIS has delineated the edge ofthe woodlot and prescribed an appropriate setback for the R V /trailer sites and applicable buffering measures; . the proposal is well outside the prescribed separation distance from the HI uses west of Garner Road; and February 23, 2004 - 5 - PD-2004-21 . implementation of the recommendations of the studies will be carried out by the site plan agreement. 0 amsley Planner 2 Respect; ~ 000 MacDonald Chief Administrative Officer Recommended by: 'LD?- Doug Darbyson Director of Planning & Development Approved by: ~ T. Ravenda Executive Director of Corporate Services JB:gd Attach. S:\PDR\2004\PD2004-21, AM-O3-04, Heartland Forest-First Phase.wpd w r. SCHED ULE 1 LOCATION MAP. CHIPPAWA cREEK RO S ubj ect Land rrIA ê ~ BROWN RD ê ~ íd Amending Zoning By-law No. 79-200 Location: SW quadrant of Kalar Road and Brown Road Applicant: Heartland Forest K: \G IS - Requests\2 004'Schedul eslZoningAM\A M'() 3 lmappin g .apr AM-O3/2004 Æ 0 ~ 9 l:NTS January 2004 SCHIßDUL~ 2. I¡~ '\ W ::!: (! ffi IY~II! ~l > ~ z~ IIRiI ' - I 20 I ~ ,J~ UJ CD Z...l I . d, () :z: « w .., «...I> I .~ I w -. Q. W. I Hi a: ~ .w 13 ~------_._~ ) "---- ------- ~// "\ r-'~- ----_// . \ \ ~-=::::=-:----=- ô 3 ll.a ~I . i § 10 !;; "!: ~ ¡;¡ . ~ -. ~ ~ I ií A 3 ~ ~: ~ ~~ '" -<~:J6-J f) ~. . ~---------~ () ~--~~ (\\-~ ---------~.~ '----. 0 0 .. ._._---_.._.._...._--_..~_.. n Community Services Department Municipal Works - Traffic & Parking Services Ed Dujlovic, P. Eng. Director ~~~g~% ~~IIS f Canada :I: ---- ---- ~ 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: Fax: E-mail: (905) 356-7521 (905) 353-0651 mcarrick@city.niagarafalls.on.ca Delcan Corporation 4056 Dorchester Road Niagara Falls, Ontario L2E 6M9 February 2, 2004 Dear Mr. N. Palomba Re: Heartland Forest Niagara Traffic Impact Study I have had the opportunity to review the updated 2003 Traffic Impact Study received Jan 2004 for the aforementioned development. Would you please review the following comments and respond where necessary. 1. McLeod Road, west of Montrose Road is under the City of Niagara Falls jurisdiction, as opposed to the Region of Niagara. 2. The report identifies that traffic signal warrants are now fulfilled at the McLeod Road and QEW ramp #24. However, it appears that the volume used to determine the warrants was based only on a pm peak count. Please be advised that a full 8-hour traffic count carried was carried out on October 2003 at this location, and I have attached it for your review and analysis. The MTO may request additional information pertaining to this matter. 3. Please indicate the actual annual growth rate factor used to determine the future background traffic. 4. The ultimate development incorporates 16 different uses as noted on page 28,30. The trips to be generated were based on 5 of the 16 uses, as many of the remaining uses are considered to be ancillary. However, was there any consideration given to employee trips that may be solely generated by the ancillary uses, and what effect will this have on the road network. 5. The operations at the intersection ofMcLeod @ Kalar are noted to be unsatisfactory to meet the 2015 background travel demands, however, improvements were not identified in the findings and conclusions section of the report. 6. Please be advised that a traffic impact study has been completed for the Community Centre on Montrose Road. I have included the site traffic proposed to be generated at the various intersections within the study area. Please include the volumes in the assessment of the intersections. The community centre is proposed to be fully operational in 2005. Municipal Works Working Together to Serve Our Community Fire Services Parks, Recreation & Culture Business Development Page -2- 7. An Environmental Assessment is currently underway on Kalar Road between McLeod Road and Westwood Street. I have included the site traffic anticipated to be generated by future subdivisions, which will affect the operation of the intersection of Kalar Road and McLeod Road in 2015. Would you please include the site traffic from the subdivision development and assess whether the EA preferred alternative is suitable given the additional Heartland Forest site traffic. Please be advised that the preferred alternative for Kalar Road and McLeod Road consists of two through lanes and left turn lanes on all approaches. The additional through lanes on McLeod Road west of Kalar Road and on Kalar Road south of McLeod Road will taper back into one through lane with the appropriate storage and taper lengths. 8. Comments from the Region of Niagara and the MTO should be solicited as many of the intersections and road sections are under their jurisdiction. I look forward to discussing the above comments with you. Please feel free to contact me at 356- 7521 extension 5204 should you have any questions. Yours truly, Marzenna Carrick, C.E.T. Manager of Traffic Operations att. cc. GeoffHolman Andrew Bryce S:\ZONING\AMS\2004\Am-O3\MC lIT to De1can NIAGAAA 91.1 PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municjpalìty of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca February 19, 2004 File: D.10.M.11.23 Mr. Doug Darbyson, MC!P, RPP Director of Planning City of Niagara Falls 431 0 Queen St. Niagara f=alls, ON l2E 6X5 Dear Mr. Darbyson: Re: Zoning By-law Amendment Application Heartland Forest Resort (Phase 1) Southwest Corner of Brown Rd. and Kalar Rd. City of NiaQara Falls This application proposes to amend the City's Zoning By-law to permit the first phase of the Heartland Forest Resort that will include 100 recreational vehicle/trailer sites and a multi-use building. The proposed zoning amendment only affects approximately 10.7 hectares of the estimated 100 hectare site for the Heartland Forest Resort. The subject lands are situated at the southwest corner of Brown Road and Kalar Road. Amendment No. 40 to the Niagara Falls Official Plan was previously approved to redesignate part of the property "Resort Commercial" with site specific policies to guide the resort development and to protect natural features designated as Environmental Protection Areas. A number of studies were previously identified to be submitted with the zoning application. Approved recommendations and requirements are to be implemented through site plan agreements based on an overall master site plan to be registered on title. The following Regional and Provincial comments are only applicable to' the first phase of development proposed through the current zoning amendment. A more comprehensive review will be undertaken as details of future development phases are presented through further zoning amendments required for the remaining lands. ReQlonal RevIew These lands lie within the Region's Urban Area Boundary for Niagara Falls, The proposed development is permitted subject to the adequate provision of municipal services and roads. Municipal services must be extended to this property. The design of these municipal services will be required to be submitted to the Regional Public Works Department and the Ministry of the ~nvironment for their review and approval. Regional Public Works staff previously indicated that adequate reserve capacity exists at the Region's Stamford Sewage Treatment Plant to accommodate this development. However, wet weather flow constraints were identified at the Region's nearby sewage pumping station. Although the site does not front on a Regional Road, Chippawa Creek Road (Regional Road 63) and Montrose Road (Regional Road 98) are located nearby. The traffic impact study submitted for this project is being reviewed and any necessary Improvements to Regional roads will be assessed. Comments from Regional Public Works on servicing and traffic considerations are being finalized and will be forwarded separately when they are available. . . -- - -.. ..--- ....."u..u . ~"",,~,,~ "'"....,."'....".....-"'........" ~vvv 2 Thicket vegetation covers a large part of the property with substantial woodlands on the west side of the first development phase. The Region's Tree Conservation By-law applies to the cutting or removal of trees. A tree preservation plan prepared by a qualified arborist/forester should be submitted to the Region and approved by the City under the site plan agreement The wetland/woodlot toward the west side of this development phase is classified as a Provincially Significant Wetland and should be zoned as an Environmental Protection Area (EPA) to restrict development. This is described in greater detail under Provincial review comments. The EPA zoning limit is illustrated as the "edge of forest" on the site plan drawing submitted with this application as determined through an environmental field evaluation conducted by L Campbell and Associates, dated January 2, 2004. Protective measures for woodlands described in this evaluation could also form part of the tree preservation plan previously mentioned. A 9 metre building setback from the EPA zone is recommended and should be included in the amending by-law to protect the woodlot and interior wetlands- Provincial Review Ministry of the Environment Ministry of the Environment Certificates of Approval will be necessary for the extension of services required for this development. Preliminary plans submitted for storm drainage and grading show stormwater being directed to a proposed storm channel to be constructed south of this development phase. A detailed stormwater management plan will be necessary to address water quality and quantity and sediment and erosion control measures in accordance wìth Ministry of the Environment guidelines. This should be prepared and submitted to the Regional Planning and Development Department for review and approval as part of the site plan agreement. The Niagara Peninsula Conservation Authority will be requested to review this on our behalf. A 1.09 km separation distance from Garner Road was included in Official Plan Amendment No. 40 to ensure compatibility between sensitive resort accommodations and heavy industrial uses to the west (Cytec). This exceeds the 1,000 metre potential influence area identified in the Ministry of the Environment's guidelines for "Compatibility Between Industrial Facilities and Sensitive Land Uses (Guideline D~6)". The proposed trailer sites are located beyond this limit Noise and odour assessments were previously undertaken for the overall Heartland Forest project. The Ministry of the Environment also monitored air quality in the area and advised that emission levels are acceptable. The applicants submitted updated reports on noise and odour impacts with the subject zoning application. According to an Env¡ronmental Noise Assessment prepared by Valcoustics Canada Ltd" prepared Apriil19, 2000 and updated October 2,2003, no adverse impacts from traffic or stationary (Le. industrial) noise sources are anticipated as levels were determined to be within Ministry of the Environment guidelines. An adour Impact Assessment prepared by Stephen Lamming Associates Ltd., dated June 2002, has been forwarded to the Ministry of the Environment for review and approval. The Power Grow composting operation to the southwest has been identified as the main source of potential adverse adours. Land~cape measures are suggested as a form of mitigation to minjmi:z:e air quality impacts. This will primarily be applicable to future phases of development that will be located closer to the Power Grow facility. A warning clause is also required due to the proximity of this development to the Region's Garner Road Biosolids Treatment Facility. Necessary mitigation measures can be implemented through the site plan agreement. w .. - --- ...--... - n__'- 3 Ministry of Natural Resources The Ministry of Natural Resources has classified the wooded/wetland area along the east side of the subject property as a Provincially Significant Wetland (PSW). An Environmental Study was previously prepared by ESG Intemationar Inc" dated December 20, 2001. A further environmental field evaluation was conducted by L. Campbell and Associates, dated January 2, 2004 to define the boundary of this natural feature and recommend some protective measures for the resort construction As previously indicated, this area should be zoned as an Environmental Protection Area as Provincial polices do not permit development. The preliminary site plan submitted with the rezoning application indicates that trails are proposed within the wetland area. However, the environmental field evaluation only deals with mitigation measures associated with adjacent development. Trails will not be permitted within or adjacent to the PSW unless an environmental impact study is submitted to demonstrate that there will be no detrimental impacts through careful consideration of trail locations and construction methods to minimize any disturbance. Further, trailer sites and drainage swales should not be permitted within the 9 metre setback intended to provide a buffer along the outside of the wetland boundary. This should be confirmed during the site plan agreement process. Two watercourses are situated south of the first phase of development. Thompson's Creek is classified as an Important (Type 2) fish habitat and the Weiland River is classified as a Critical (Type 1) fish habitat by the Ministry of Natural Resources. The banks of both watercourses also contain Provincially Significant Wetlands. A storm drainage channel is proposed for construction to direct stormwater runoff to Thompson's Creek, south of Chippawa Creek near Kalar Road, which outlets to the Weiland River. Therefore, water quality and the protection of fish habitat will be important considerations as part of the detailed stormwater management plan required for the development as previously noted. Ministry of Culture Based on Ministry criteria, the site displays a moderate to high potential for the discovery of archaeological resources since it is located near two watercourses and in reasonably close proximity to existing registered archaeological sites. No site alteration should be undertaken until an archaeological assessment has been prepared and approved by the Ministry of Culture. A copy of this assessment should also be provided to the Regional Planning and Development Department for information purposes. Conclusion Regional Planning staff has no objection to the approval of the zoning by-law amendment for the first phase of the Heartland Forest Resort complex subject to the consideration of the aforementioned matters which are generally summarized below to address Regional and Provincial interests: . That the Provincially Significant Wetland on the east side of the site be zoned as an "Environmental Protection Area (EPA)" with a zoning requirement for a 9 metre minimum building setback and landscape buffer from the EPA Zone; . That the City consider the inclusion of a Holding provision with the Tourist Commercial Zone that may be lifted once traffic and servicing studies have been reviewed and approved; 4 . That studies and/or plans related to traffic, servicing, air quality, environmental impacts, stormwater management, tree preservation and archaeological resources be approved by the appropriate authority, including the Regional Planning and Development Department, and implemented through the necessary site plan agreement; . That a master site plan agreement not be registered until the zoning by-law is amended for the remaining lands intended for the Heartland Forest Resort which shall include the submission of detailed development plans and necessary supporting studies to be approved for future phases of this project Please send notice of City Council's decision on this application. Yours truly, W-CL= Peter Colosimo, MCIP, RPP Senior Planner c: Councillor W. Smeaton Rick Brady, Urban & Environmental Management Inc. Joad Durst. Ministry of Natural Resources, Vineland Suzanne McInnes, Niagara Peninsula Conservation Authority Barb Ryter, Ministry of the Environment, Hamilton John MacDonald. Ministry of CulturE!, London Bill Stevens. Regional Public Works M:\MSWORD\PC\NFzbla\Heartland !=oret>t Resort.doc ----------,-- .. Fèg/oM/ NIAGARA .,.. R. r; ", frH -00/0 'f PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipalìty of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail: plan@regianaLniagara.on.ca February 19, 2004 File: D.10.M.11.23 Mr. Doug Darbyson, MCIP, RPP Director of Planning City of Niagara Falls 4310 Queen St. Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Zoning By-law Amendment Application Heartland Forest Resort (Phase 1) Southwest Corner of Brown Rd. and Kalar Rd. City of NiaQara Falls This application proposes to amend the City's Zoning By-law to permit the first phase of the Heartland Forest Resort that will include 100 recreational vehicle/trailer sites and a multi-use building. The proposed zoning amendment only affects approximately 10.7 hectares of the estímated 100 hectare site for the Heartland Forest Resort. The subject lands are situated at the southwest corner of Brown Road and Kalar Road. Amendment No. 40 to the Niagara Falls Official Plan was previously approved to redesignate part of the property "Resort CommercialR with site specific policies to guide the resort development and to protect natural features designated as Environmental Protection Areas. A number of studies were previously identified to be submitted with the zoning application. Approved recommendations and requirements are to be implemented through site plan agreements based on an overall master site plan to be registered on title. The following Regional and Provincial comments are only applicable to' the first phase of development proposed through the current zoning amendment. A more comprehensive review will be undertaken as details of future development phases are presented through further zoning amendments required for the remaining lands. ReQlonal Review These lands lie within the Region's Urban Area Boundary for Niagara Falls. The proposed development is permitted subject to the adequate provision of municipal services and roads. Municipal services must be extended to this property. The design of these municipal services will be required to be submitted to the Regional Public Works Department and the Ministry of the Environment. for their review and approval. Regional Public Works staff previously indicated that adequate reserve capacity exists at the Region's Stamford Sewage Treatment Plant to accommodate this development However, wet weather flow constraints were identified at the Region's nearby sewage pumping station. Although the site does not front on a Regional Road, Chìppawa Creek Road (Regional Road 63) and Montrose Road (Regional Road 98) are located nearby. The traffic impact study submitted for this project is being reviewed and any necessary improvements to Regional roads wi/I be assessed. Comments from Regional Public Works on servicing and traffic considerations are being finalized and will be forwarded separately when they are available. FEB 2 3 2004 PLANt.UNG MEETING..- - .. 2 Thicket vegetation covers a large part of the property with substantial woodlands on the west side of the first development phase, The Region's Tree Conservation BY-law applies to the cutting or removal of trees. A tree preservation plan prepared by a qualified arborist/forester should be submitted to the Region and approved by the City under the site plan agreement. The wetland/woodlot toward the west side of this development phase is classified as a Provincially Significant Wetland and should be zoned as an Environmental Protection Area (EPA) to restrict development. This is described in greater detail under Provincial review comments, The EPA zoning limit is illustrated as the edge of forest" on the site plan drawing submitted with this application as determined through an environmental field evaluation conducted by L Campbell and Associates, dated January 2, 2004. Protective measures for woodlands described in this evaluation could also form part of the tree preservation plan previously mentioned. A 9 metre building setback from the EPA zone is recommended and should be included in the amending by-law to protect the woodlot and interior wetlands. Provincial Review Ministry of the Environment Ministry of the Environment Certificates of Approval will be necessary for the extension of services required for this development. Preliminary plans submitted for storm drainage and grading show stormwater being directed to a proposed storm channel to be constructed south of this development phase. A detailed stormwater management plan will be necessary to address water quality and quantity and sediment and erosion control measures in accordance with Ministry of the Environment guidelines. This should be prepared and submitted to the Regional Planning and Development Department for review and approval as part of the site plan agreement. The Niagara Peninsula Conservation Authority will be requested to review this on our behalf. A 1.09 km separation distance from Gamer Road was induded in Official Plan Amendment No, 40 to ensure compatibility between sensitive resort accommodations and heavy industrial uses to the west (Cytec). This exceeds the 1,000 metre potential influence area identified in the Ministry of the Environment's guidelines for "Compatibility Between Industrial Facilities and Sensitive Land Uses (Guideline D-6t. The proposed trailer sites are located beyond this limit. Noise and odour assessments were previously undertaken for the overall Heartland Forest project. The Ministry of the Environment also monitored air quality in the area and advised that emission levels are acceptable, The applicants submitted updated reports on noise and odour impacts with the subject zoning application. According to an Environmental Noise Assessment prepared by Valcoustics Canada Ltd., prepared Apriil19, 2000 and updated October 2,2003, no adverse impacts from traffic or stationary (Le. industrial) noise sources are anticipated as levels were determined to be within Ministry of the Environment guidelines. An Odour Impact Assessment prepared by Stephen Lamming Associates Ltd" dated June 2002, has been forwarded to the Ministry of the Environment for review and approval. The Power Grow composting operation to the southwest has been identified as the main Source of potential adverse odours. Landscape measures are suggested as a form of mitigation to minimize air quality impacts. This will primarily be applicable to future phases of development that will be located closer to the Power Grow facility. A waming clause is also required due to the proximity of this development to the Region's Garner Road Biosolids Treatment Facility. Necessary mitigation measures can be implemented through the site plan agreement. 3 Ministry of Natural Resources The Ministry of Natural Resources has classified the wooded/wetland area along the east side of the subject property as a Provincially Significant Wetland (PSW). An Environmental StUdy was previously prepared by ESG Internationallnc" dated December 20, 2001. A further environmental field evaluation was çonducted by L. Campbell and Associates, dated January 2, 2004 to define the boundary of this natural feature and recommend some protective measures for the resort construction. As previously indicated, this area should be zoned as an Environmental Protection Area as Provincial polices do not permit development. The preliminary site plan submitted with the rezoning application indicates that trails are proposed within the wetland area. However. the environmental field evaluation only deals with mitigation measures associated with adjacent development. Trails will not be permitted within or adjacent to the PSW unless an environmental impact study is submitted to demonstrate that there will be no detrimental impacts through careful consideration of trail locations and construction methods to minimize any disturbance, Further, trailer sites and drainage swales should not be permitted within the 9 metre setback intended to provide a buffer along the outside of the wetland boundary, This should be confirmed during the site plan agreement process. Two watercourses are situated south of the first phase of development. Thompson's Creek is classified as an Important (Type 2) fish habitat and the Weiland River is classified as a Critical (Type 1) fish habitat by the Ministry of Natural Resources. The banks of both watercourses also contain Provincially Significant Wetlands. A storm drainage channel is proposed for construction to direct stormwater runoff to Thompson's Creek, south of Chippawa Creek near Kalar Road, which outlets to the Weiland River. Therefore, water quality and the protection of fish habitat will be important considerations as part of the detailed stormwater management plan required for the development as previously noted. Ministry of Culture Based on Ministry criteria. the site displays a moderate to high potential for the discovery of archaeological resources since it is located near two wateroourses and in reasonably close proximity to existing registered archaeological sites. No site alteration should be undertaken until an archaeological assessment has been prepared and approved by the Ministry of Culture. A copy of this assessment should also be provided to the Regional Planning and Development Department for information purposes. Conclusion Regional Planning staff has no objection to the approval of the :zoning by-law amendment for the first phase of the Heartland Forest Resort complex subject to the consideration of the aforementioned matters which are generally summarized below to address Regional and Provincial interests: . That the Provincially Significant Wetland on the east side of the site be zoned as an "Environmental Protection Area (EPA)" with a :zoning requirement for a 9 metre minimum building setback and landscape buffer from the EPA Zone; . That the City consider the inclusion of a Holding provision with the Tourist Commercial Zone that may be lifted once traffic and servicing studies have been reviewed and approved; . n 4 . That studies and/or plans related to traffic, servicing, air quality, environmental impacts, stormwater management, tree preservation and archaeological resources be approved by the appropriate authority, including the Regional Planning and Development Department, and implemented through the necessary site plan agreement; . That a master site plan agreement not be registered until the zoning by-law is amended for the remaining lands intended for the Heartland Forest Resort which shall include the submission of detailed development plans and necessary supporting studies to be approved for future phases of this project Please send notice of City Council's decision on this application. Yours truly, ~~ Peter Colosimo, MCIP, RPP Senior Planner c: Councillor W. Smeaton Rick Brady, Urban & Environmental Management Inc. Joad Durst, Ministry of Natural Resources, Vineland Suzanne Mcinnes, Niagara Peninsula Conservation Authority Barb Ryter, Ministry of the Environment, Hamilton John MacDonald. Ministry of Culture, London Bill Stevens, Regional Public Works M:\MSWORC\PC\NFzbla\HearUand Forest Resort.doc Corporate Services Department PD-2004-12 The C'ty of ~~ Planning & Development I 4310 Queen Street Niagara Falls P.O. Box 1023 Canada Niagara Falls, ON L2E 6X5 ...::1J. web site: www.city.niagarafalls.on.ca ~ Tel.: (905) 356-7521 Fax: (905)356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director February 23,2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-12, Zoning By-law Amendment Application AM-O4/2004, 3965 Main Street Applicant: Givic Construction Inc. Proposed Rezoning from NC-343 to R5B to Permit an 8-Unit Apartment Building RECOMMENDATION: It is recommended that: 1) Council approve the requested Zoning By-law amendment application to pennit the conversion of the existing building to an apartment dwelling subject to a reduction in the number of dwelling units to seven; 2) the amending by-law contain provisions recognizing the configuration of the property and existing building and requirin.s the !andscaping .set out in tþis repprt. .f. '1:and that the residents be lnvolved ln the sÜe plan process." BACKGROUND: Givic Construction Inc. has requested an amendment to the Zoning By-law for the land known as 3965 Main Street (Chippawa) as shown on Schedule 1. The amendment is requested to pennit the conversion of the existing retail building (a fanner Hardware store) into an 8-unit apartment dwelling as shown on Schedule 2. One dwelling unit already exists on the second floor ofthe building. The land is currently zoned Neighbourhood Commercial (NC-343). The zoning of the land is requested to be changed to a site specific Residential Apartment 5B density (R5B) zone to pennit the new use and to recognize the configuration of the property and the existing building. Surrounding Land Uses The subject land is surrounded by single and semi-detached dwellings, and abuts a neighbourhood commercial use to the west. A couple of blocks to the northeast is the commercial centre of Chippawa with larger scale commercial uses and higher density residential. Working Together to Serve Our Community Clerks. Finance. Human Resources. Information Systems' Legal. Planning & Development n . 1 T TT February 23, 2004 Circulation Comments - 2 - PD-2004-12 Infonnation regarding this application was circulated to City departments, government agencies and the public for comment. The following comments have been received: Municipal Works Building & By-law Services Parks, Recreation & Culture Regional Municipality of Niagara Planning Review . Main Street has a present width of 21.34 metres (70 feet) and an ultimate width of 26.0 metres. Therefore, a 2.33 metre widening is required between the parking lot and Main Street and a 1.5 metre widening (recognizing existing building configuration) is required between the building and Main Street. . A 3.66 metre by 3.66 metre daylight triangle (a reduced requirement recognizing the building configuration) is required at the comer of Main Street and Oliver Street. . Although Oliver Street has a deficient width, a widening is not warranted at this time. . Underground services are readily available. Sidewalks exist on both streets. Any applicable development charges will be required at the time of building pennit issuance. . All required Building Pennits to be obtained prior to commencement of construction. . No objections. If the apartment is to be converted to condominiums, cash-in-lieu of parkland will be applicable at the time of plan of condominium application. . The lands are within the urban area boundary according to the Regional Policy Plan. The proposed conversion to apartments will result in an appropriate use for the area and meets the Region's Smart Growth objectives. . Regional staff is not opposed to the approval of the proposed Zoning By-law amendment from a Regional or Provincial planning perspective. The following is a summary of staff s assessment of the application: 1. A reduction in the number of units would bring this proposal into compliance with the intent and purpose of the Official Plan. The subject lands are designated Residential in the Official Plan. Lands under this designation are intended to be used primarily for a variety of types of dwelling units. The Official Plan pennits apartments of three to four stories in a height and densities up to 75 units per hectare February 23, 2004 - 3 - PD-2004-12 (30 units per acre) to be developed at the periphery of residential neighbourhoods with access to arterial roads and in close proximity to schools, parks and neighbourhood commercial areas. The number of dwelling units proposed equates to a density of 81 units per hectare space (33 units per acre). Projects at this density typically are four to six storeys in height and are only permitted beside Minor Commercial districts. Reducing the number of dwelling units to seven would enable it to comply with the City's residential policies and provide additional needed amenity space through a reduction of parking spaces. The development would conform to the Official Plan as follows: . The conversion of this former commercial building for residential use has merit because it assists in the provision of a mix of housing; it makes reuse of a vacant, underutilized property; . The site has direct access to an arterial road (Main Street), abuts neighbourhood commercial facilities along Main Street and is close to parks and schools; . The existing 1 Yz storey building is compatible in height and scale with surrounding buildings and dwellings and no enlargements are proposed; . The change from neighbourhood commercial to the proposed apartment dwelling would not represent an intensification of use and should not increase the traffic generation; and . The proposal would introduce landscaping to the property helping to make the property more compatible with surrounding residential properties. 2. The requested amendment is appropriate for the site. The property is currently zoned NC-343. This zoning pennits a retail store, offices, personal service shop, a restaurant, a bank, and a do-it-yourself brewery. The applicant has requested the property to be rezoned to a site specific R5B zone to permit the proposed conversion. The reduction to seven units would result in a lot area of 135 square metres per unit, in keeping with R5B requirements. The resulting reduction in parking would increase landscaping to about 23% ofthe lot area, still below the normal requirements ofthe R5B zone, but acceptable given the current lack of landscaping on the site. The proposed by-law would contain site specific provisions to restrict the development to seven units and establish landscaping strips around the parking to enhance the appearance of the property. This landscaping would include 10 feet between Main Street and the parking lot. In addition, the existing building height and setbacks and property configuration would be recognized. 3. Site Plan Control will guide the development. Prior to building permit issuance, a site plan agreement will be required to be executed between the City and the owner. This agreement would address such matters as drainage, landscaping, parking lot surfacing, access and lighting. This will ensure the property is developed in an orderly, aesthetically pleasing manner. ., February 23, 2004 -4- PD.2004-12 CONCLUSION: 1. A reduction in the number of units to seven is recommended to ensure the density is in keeping with the Official Plan and help to provide needed landscaping. 2. The rezoning would not intensify the use of the land and should not negatively impact on the surrounding residential uses or on the transportation network. 3. Site specific landscaping requirements will provide for an attractive development and help integrate the development with the neighbourhood. 4. Site Plan Control will ensure the property is developed with high standards. IL W1~ ¡,"",-Andrew Bryce r ~Planner 2 RespecŒuJly :~ John MacDonald Chief Administrative Officer Prepared by: Recommended by: \W- Doug Darbyson Director of Planning & Development Approved by: f~1JYOÐ ~ T. Ravenda Executive Director of Corporate Services AB:pb S:\PDR\2004\PD2004-12, AM-O4-04, 3965 Main Stwpd SCHEDULE 1 LOCATION MAp. Subject Land ~ , Amending Zoning By-law No. 79-200 ~ e Location: 3965 Main Street Applicant: Givic Construction Inc. AM -04/2004 I:NTS K:\GIS - Requests\2OO4\ScheduleslZoningAMlAM-04 'mapping.apr January 2004 w I " JI1VM30IS M3N ~--~......~ :--- -- - :- ..::.--: =-.: -=:-~-.: :-::- ..::.-.:: =-.: :-::- ..::.-.:: -=--- --- .' ¿'. , ,II ~~~. ' 'l.-'" , 'I .,¡;,"\ '... c.' I' "~"""J ..' , ,~. . :1 Ii " II " il II I' :1 !i " II " i! "lr:;,'." II '~~i,'" !. 5a I t1f:;' 'ie :1 ..,;. . ~i !I "~.....' i\~ " Lb----. J ---:.:-----r-u SCHED ULE 2 133~lS ~3^ll0 lVU.N30IS311 , -." .0-. ~ , , I I I I , , I I I I , I I , I I I . I , , I , , I , , I ~, 8' §! ! 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RECEIVEO- FEB1 8 ,2004 PLANNING & DEVELOPMENT fax File Number: To: Doug Darbyson From: Carole Ann Ogilvie No. of pages (including this cover): ¿-..> Organization: City of Niagara Falls Department: Director of Planning & Development Date: 2004 02 18 Fax: 905-356~2354 If this transmission is not received in gò.od order, please call: 905-295-3475 Re: Zonina bv-Iaw amendment application...Citv File AM-04/2004 ..3965 Main St. In response to the Public Meeting Notice received January 26, 2004, regarding the zoning by-law amendment application for the land known as 3965 Main Street (Chippawa), I would like to make the following comments: Firstly, I feel that an 8 unit apartment complex would be too many units for that particular location, I feel that 4 units could be a realistic number for consideration. This particular property owner has had a number of tenants in the existing apartment and does not provide proper parking. These past few months the tenants, who mov~d out Friday, February 13, 2004, had to park both vehicles on the road (Oliver St.) overnight. This made it very difficult for me to enter and exit my driveway, with the amount of snow we experienced in January 2004. I do not fault the tenants, the owner should be providing proper parking as well as snow removal. The parking area off of Main Street was not cleared for parking. This owner also owns the property at the rear of this building, 3976 Bridgewater, where extensive renovations have been ongoing. The trades park on Oliver St., making it difficult for vehicles using this short street to enter from or onto Bridgewater. The fall of 1999, the building at 3965 Main St., was under going exterior renovations, the siding and materials removed from the building were piled up along the Oliver Street side and rear of building. During that time we experienced This telecopy is intended for the sole use of the person to whom it is addressed and should not be read by, or delivered to, anyone else. It may contain privileged or confidential information. the disclosure of which may result in the breach of ,....rt~¡n l~w. M th". infrim'f'.mf'.nt of riQhts of third oarties. If YOU have received this telecopy in error, please call - g c-..I (Y') N m LaJ La.. (!) z i= Lt., u..t ~ 0 ;z:: 2 ~ -J a. . 2004-02-18 Page 2 an extremely strong windstorm overnight and the siding from the pile was lifted by the wind and landed on my property scrapping both my family vehicles...1 paid for the subsequent repairs. Had the material been disposed off properly at the time of removal, rather than left in a pile, this damage would not have occurred. In reviewing this application for amendment, it would be worthwhile to consider the section of Oliver Street from Main Street to Bridgewater Street: . This is now a very well travelled street as a result of the development of Bridgewater Street from Dock Street west to the dead end. Should this project go forward, please consider having all trades work from the parking area off Main Street, and have a proper dumpster in place, to load all material removed from the building. . Tenant parking should be off Main Street and properly maintained. I thank you for the opportunity to express my views. Yours truly, ( """""""'--::2'-~' ~'/' /!~ . Carole Ann Ogilvi 3955 Main Street This telecopy is intended for the sole use of the person to whom it is addressed and should not be read by. or delivered to. anyone else. It may contain privileged or confidential information. the disclosure of which may result in the breach of certain laws or the infringement of rights of third parties. If you have received this telecopy in error. please call immediately (collect if necessary) at the number above. We thank you in advance for your cooperation and assistance. PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca -c::I/Þ Planning s Scanned File: 2òNfNb LCCrzks \/' K ~1 February 5, 2004 File: D.10.M.11.23 Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: Zoning By-law Amendment Application Northwest Corner of Main Street and Oliver Street Givic Construction Inc. City of Niagara Falls Your File: AM-O4/2004 This application proposes to amend the City's Zoning By-law to permit the conversion of an existing commercial building into an a-unit apartment building. The site is intended to be rezoned from a Neighbourhood Commercial (NC-343) zone to a Residential Apartment 5B Density (R5B) zone. These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and designated Residential in the City's Official Plan, The site is located in close proximity to the Chippawa commercial core and other community facilities, The proposed reuse of this former commercial building for apartments is an appropriate use for the area and meets the Region's Smart Growth objectives. Further, this development can provide the opportunity for affordable housing, For these reasons, Regional Planning staff is not opposed to the approval of the proposed Zoning By-law amendment from a Regional or Provincial planning perspective, Please send notice of City Council's decision on this application. Yours truly, ~IO~P' RPP Senior Planner fEß 'l. 3 t\)\)~ NiN G,~,...Á.r::t:1\NG,---~ tù ' '" "(!...¡_. f~~Lþ.,'Ì\ \ . ~.. RECEIVED FEB 1 0 2004 C: Councillor W. Smeaton M :\M SW ORD\PC\N Fzbl a \Mai nstSI. d DC PLANNING & DEVELOPMENT . " ~ Planning . ScanlÐd F¡iG '2óN/Ñb ~G, Clerks " ~~ /'7/(lY . J ý'ý6 &~~~.L:T. - .~ '(j Ika M thii-. ^:¿£; ~#"7-' k.- hLE ~ . /!/f-C7+POd4 / & DEVELOPMENT ~ r1:, /)i~þ'1MA*1 h- ~ ~.' ~ . . p 'ß t:v..clQ Ot--o{ / ~d P£~ ~ ,~~p V'. . ;::. ;æ Ð ~~::¡;æ. Jd'- rAhd ~ #{ . pfi¿. ~- ~M..", ,.¡" ò< j."n:Ld'4-<1 ""'"" a~ ~ÞMrr4 'if{ t-Át4 r~J) ~ /1/0 4.J-zJt;fP~4 dt/l'Gcf;ì:h-r .,4h~ IJ'"H .¿.:4P4J, ~ ar >2G. /z£J4ð 7 ~ dJ~?~.J?À1/ /é4- k?' f~7-i;i.~~:~~t: ~;::;1' *' <J/~/I7-f."} ~.Åt! .. ... /I FEB 2 3 2004- PLANN1NG MEETING - - A ~7. . í'7J " a ~ ~ J.b' a ./1/ &U. . . ~._- ?</~ ..¿,-.!~ u- a:r. w& ./2(.aFz "/.,l <'2'~. ~'t:r~ . e~~,,- ? 7J'ï;': .' G. Ò cI a-t¿ . ~ If">vz . ~ , -.fl,,-:r: ~ ~ j)~ - y /7./1J?-P[L.. d G-<A . "....... , ~. 11::1 ,<W7 . y:....e:J j74...du t/ . ~ ' " , /5 / (Sþ i? - a~ UI ? -. f>1 11 ~êf;. "¿ ß :I: al ;i:- .â: .u h ~ . / /I /l.a.ø .,¿¡ ¿ - , *' 4..-tL -æ1e. ~ ~ , ~~ . '.di ~, r.. a 'h . fr J4ó, ~ h--L btkoÝ'- . Ch - ,h'T Æ . A- &:<. 'y-t:.., kv1/./../(j . ~ ¡tJ ~ r: .6 0 iJ.å. J '.-1.<.,' - / R' / ~. -~~ ~ k~ð. A"~~~ . / A~ ~ :.~~~~~ . í -fù<~~~NV' - ~ ~. ~ A/. . - -L und , ~ Ti~ ! ,I. '~~. e~~ >'27 ' ~ """--- 0( ¿O.¿-- ~ - . . ~"/-b14t;hú~ ".~ t21¡Æ e-tjr1./}-1,. Co . .. ..,~ ~V;. ~4/1 .~~ . tJ<~<~ . n ~ Corporate Services Department PD-2004-13 Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 plan n ing@city.niagarafalls.on.ca February 23,2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-13, Site Plan Application SPC-31/2002, 5382 Robinson Street at the Jolley Cut Applicant: Canadian Niagara Hotels Proposed Hotel Development RECOMMENDATION: It is recommended that Council endorse the site plan application for a 23-storey hotel at 5382 Robinson Street. BACKGROUND: Proposal Canadian Niagara Hotels has submitted a site plan application for a 23-storey hotel at 5382 Robinson Street, abutting the unopened road allowance known as the Jolley Cut ( See Schedule 1). This hotel is pennitted under site specific zoning that predates Zoning By-law No. 79-200. As illustrated on Schedule 2 and 3, this hotel would be constructed at the property lines with the underground parking garage partially visible from the Jolley Cut. The drawings submitted show no encroachment onto or disturbance of the Jolley Cut other than typical service connections. The Jolley Cut is to be left in its current state. Development approval is restricted to the subject lands. Although site plan approval has been delegated to the Director of Planning and Development, Council's endorsement is sought due to the previous Council interest in the Jolley Cut. Working Together to Serve Our Community Clerks' Finance. Human Resources' Information Systems. Legal' Planning & Development .. " February 23, 2004 .2. PD.2004.13 Jolley Cut - Past History The protection of the Jolley Cut and public access to it has been a concern to City Council and residents. In August 2001, Council approved in principle the sale of the Jolley Cut to Canadian Niagara Hotels subject to the construction, at the purchasers cost, of an improved walkway that would run north of the Jolley Cut and would enter Queen Victoria Park via an elevator and stair tower. Considerable concern was raised by members ofthe public regarding this potential sale and Council reconsidered the sale. In December 2001, Council accepted the Niagara Parks Commission (NPC) recommendation that the City and the NPC undertake a planning review of the Jolley Cut that would include public and private stakeholder input. As a result of concerns raised by the public and further information, the NPC eventually decided not to move forward with this study. In August 2002, they advised that they opposed the development ofthe Jolley Cut as proposed and would be prepared to take transfer ofthe Jolley Cut from the City for a nominal consideration. In response to this offer and the public interest in the Jolley Cut, Council, at its meeting of September 16, 2002, concluded it would retain ownership of the Jolley Cut and would enter into negotiations with the NPC for a long-term lease. Currently, there is no active interest being expressed by NPC to acquire or lease the Jolley Cut. Canadian Niagara Hotels have indicated that they have no current interest in pursuing the relocation or alteration ofthe Jolley Cut and have requested site plan approval as it pertains to their lands only. Staff Report CAO-2002-07 and the Council minutes of September 16, 2002 are attached for further reference. Planning Review The lands are designated Tourist Commercial by the Official Plan. High-rise hotels are normally subject to a zoning amendment and Architectural Peer Review process to implement a series ofbuilt form requirements and to mitigate environmental impacts. However, this development is permitted by zoning that predates the Official Plan policies. In essence, the development rights are grandfathered; therefore, these policies cannot be applied to this development. A zoning for this property was established in 1964. A special provision allows for the construction of a 76 metre (249.3 foot) tall hotel on this site. This zoning was carried forward when the current zoning by-law (By-law No. 79-200) was passed. There are no requirements for setbacks from the front and side yards, other than a 13.1 metre (43 foot) setback from the centreline of Robinson Street. Coverage is permitted to a maximum of70%. The proposal shown in Schedule 2 conforms with the zoning by-law. Approval of this site plan and subsequent execution of a site plan agreement does not permit the applicant to encroach onto or alter the Jolley Cut. February 23, 2004 - 3 - PD-2004-13 The applicant will need to employ construction techniques such as shoring at the foundation levels to prevent encroachment of construction onto the Jolley Cut. However, due to the steepness ofthe bank at the property line and the location of trees and vegetation on the Jolley Cut, it is possible there may be some limited disturbance to the Jolley Cut. In addition, there will be underground sanitary and stonn sewer connections from the subject lands to services that run under the Jolley Cut. These connections are typically handled through road occupancy pennits. Should the Jolley Cut be altered, there are actions the City could take, including the restoration of any disturbed areas to their natural pre-construction state. The site plan agreement would contain measures to address this restoration if it becomes necessary. The City would monitor the Jolley Cut to detennine if any disturbance occurs. In addition, the site plan agreement will require measures to protect vegetation on the Jolley Cut and Queen Victoria Park, such as hoarding and silt fencing. Although this development is not the subject of a high-rise hotel application under the above noted Official Plan policies, the applicant undertook a wind study to ensure the hotel did not cause negative wind impacts. This study concluded that as the narrow face of the hotel was oriented toward the prevailing southwesterly winds, winds would tend to be split by the hotel tower rather than "downwashed" or deflected to the pedestrian level. The absence of downwashed winds would maintain acceptable wind velocities at the pedestrian level and on the Jolley Cut. The study did encourage the retention of vegetation in the Jolley Cut to ensure pedestrian comfort from winds. CONCLUSION: The site plan shown in Schedule 2 confonns to the Zoning By-law, is not subject to the Official Plan policies regarding high-rise hotels and has been satisfactorily reviewed by City divisions. The site plan agreement would contain measures to address disturbance of the Jolley Cut. Therefore, it is recommended the application be endorsed. Prepared by: ~spectfu;~~ 000 MacDonald Chief Administrative Officer / L..-. t.-v1 ~ ~Andrew Bryce 71 Planner 2 Recommended by: D~~~;:: Director of Planning & Development Approved by: 1Qw~. T. Ravenda Executive Director of Corporate Services AB:pb S:\PDR\2004\PD2004-13, SPC-31-02, 5382 RobinsonSt - Jolley Cut.wpd n SCHEDULE 1 Site Plan Location Subj ect Land ~ Location: ~ >l ~ d ~ E) Amending Zoning By-law No. 79-200 l:NTS 5382 Robinson Street Applicant: Canadian Niagara Hotels Inc. SPC 31/2002 K:\GlS _Requests\2002ISilePlanISPC-31 \mappìng.apr January 2004 INSIDE YARD" 0 fT. REGlJIRED/ 033 FT. PROV1DED '" SIDE YARD" 0 FT. REGlUlRED/ 0.33 FT. PROVIDED q UND~ PARKIN6 LEVCL I. ..... GARS LEVCL 2. 4q GARS LEVEL 3, ..... GARS LEVEL 4, 52 GARS TOTAL Iqq GARS 11 MAX. FLOOR AREA N/A 18 PARKING REaJ1RED HOTEL RMS. I SPACE! 2 RMS. 161 SPACES MEETlN6 RMS I SPACE! 55 S.M. q SPACES RESTAURANT I SPACE! 10 PEO 20 SPAGES (200 PERSONS) RETAIL I SPAGE! 25 5M 3 SPACES (210 SF) ¡qq TOTAL PARKING SPACES ¡q LOADINS 4.20.1 I LOADING DOGK 2< 0LM3ER OF ROOMS - 140 - STAIVARD SlN6LE STOREY ROOM'. 143 - STAIVARO TWO STQf<EY ROOMS 42 - PREMIl.t1 TWO STOREY 5UITES q - PRE5lDem^'- TWO STOREY SUITt'S 334 TOTAL ROOMS _1""-. 5. 1HE 11WI'1G WAGT STIDY - """"""'S""""~ W6 """'NOEl:> BY STlEGT1GS. DA""~= FWI. ..... !A&lTItD TO 11£ 11WI'J(.""""""""'- :>005. Q) SITE DEVELOPMENT STATISTIC.s AND NOTES AI 5GALE. "-TS. FIRE nu:>:1W "., ........ '" STA,.... 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Jinx 10~ NiulJara 1talb. œN m2£ 6~ (905) 356-7521 £fl. 5100 Jl'æt: (905) 314-3551 j tnatb nna@city.ningarnfalJ.G.on.ca September 16, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CAO-2002-07 - Jolley Cut RECOMMENDATION: I) 2) That Council consider the motion approved by the Niagara Parks Commission on the Jolley Cut at its August 16, 2002 meeting; and That Council provide direction to Staff. BACKGROUND: At the City Council meeting of April 23, 2001, Canadian Niagara Hotels (CNH) requested that the City sell the unopened portion of Robinson Street (Jolley Cut). This request has been made in order to merge these lands with the parcel of land inunediately to the south which is owned by CNE. CNH is of the opinion that merging the lands will allow for a more satisfactory building layout. The proponent has suggested that the new proposed layout would be less intrusive on the moraine and would provide better site lines for the neighbour to the north. CNH has proposed to relocate the upper section of the Jolley Cut onto lands owned by HOeD. and tie in with the existing Jolley Cut at the lower end, owned by NPC. CNH has also indicated that it wishes to be fully responsible for improvements, maintenance and liability costs. In August 2001, staff was authorized to initiate a public process to close the unopened portion of Robinson Street and further that Council support in principle the proposal put forward by CNH. This action was subject to the proponent successfully complying with the conditions listed in report CS-2001-08 (attached). .. n September 16, 2002 - Page 2 - CA0-2002-07 In December 2001, Council accepted the Niagara Parks Commission's recommendation that the City and the NPC undertake a planning review of the Jolley Cut that would include public and private stakeholder input and that this study be conducted at no cost to the City. Council authorized staff to work with the NPC to develop a Terms of Reference for a planning review of the Jolley Cut. On February 11,2002, Council reviewed the Tenns of Reference for the Jolley Cut planning study. Since that time, the public has expressed concern regarding the relinquishing of public lands for private development. A petition is on file in the Clerk's office and is available for review, The Niagara Parks Commission has discussed this issue on several occasions. At its August 16, 2002 meeting, a computer modelling was presented, prepared by Niagara College, addressing this issue. As a result of the pub1ic opposition and the infonnation provided through the computer modelling, the Niagara Parks Commission passed the following motion: That the Niagara Parks Commission advise the Niagara Falls City Council that it does not endorse the development of the Jolley Cut as proposed and further advise tlult the NPC is prepared to take the transfer of the unimproved portion of Robinson Streetfrom the City of Niagara Fallsfora nominal consideration. As a result of the above motion and for your infonnation, the computer modelling prepared by Niagara College is being presented to Council this evening. Attachments JM:kk It:\OOtJNCIL\2OO1 hpono\CAO-20Q2.07 . JoIIe)' 0aI."'!"I Respectfully submitted: ?i~ John MacDonald Chief Administrative Officer Community Services Department 4310 Queen Street P.O. Sox 1023 Niagara Falls, ON L2E 8X5 web site: www.clty.nlagarafaRs.on.ca CS-2001-Ga John MacDonald Executive Director Tel.: Fax: E-mail: (905) 356-7521 (905) 357-9293 Jmacdona@clty.nlagarafalls,on.ca August 7, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario The recommendatlon(s) contained In this report were adopted by City Council Members: re: cs.ZOOl-oa - Jolley Cut Recommendation: 1) That Council authorize staff to initiate the public process to close the unopened portion of Robinson Street, and further 2) That Council support, in principle, the proposal put forward by Canadian Niagara Hotels to purchase the unopened portion of Robinson Street, known as the Jolley Cut. This action would be subject to 1hc proponent successfully complying with the conditions listed below. Background: At the City Council meeting of April 23, 2001, Canadian Niagara Hotels (CNH) requested that . the City sell the unopened portion of Robinson Street (Jolley Cut). This request has been made in order to merge these lands with the parce1 of land immediately to the south which is owned by CNH. The property to the south is currently zoned for a 27-storey hotel. CNH is of the opinion that merging the lands will allow for a more satisfactory building 1ayout. The proponent has suggested that the new proposed layout would be less intrusive on the moraine and would provide better site lines for the ntighbour to the north. The Jolley Cut provides a major access to Queen Victoria Park. In order to maintain this access, CNH has proposed to relocate the upper section of the Jolley Cut onto lands owned by HOCD and tie in with the existing lolley Cut at the bottom, owned by NPC. In addition, the proposal calls for a stair tower or elevator and pathway improvements &om top to bottom. The proponent has indicated that he will take full responsibi1ity for the improvement, maintenance and liability costs. As a result of this proposal, staff facilitated two meetings with interested stakeholders in the Fallsview area to solicit on the proposal. In addition, written submissions were invited. Working Togetlter to Serve Our Community Municipal Works' Fire SatYlces . PatKs, Recreation & Culture' BusJn8ss Development. Building & By-Lew Services CS~2001-08 - Jolley Cut August 7, 2001 -2 This col1&uItation process identified several concerns which must be addressed before final approval is granted for the proposal. ~ summary. the stakeholder concerns can be summarized as follows: . unfettered, fìee '"Public ACC08Sto improvements to the pathway from top to bottom public "contror' over right-of-way and mechanical devices (elevator) Jolley Cut improvements arc a public responsibility and should be shared with area landowners protection of the environmental issues and moraine management plan . . . . I ; In addition to the issues mentioned above, Council shouId be aware that Mr. George Yericb, of the Skylon Tower, suggested an alternative to the CNH proposal Mr. Yerich '5 proposaJ suggested that the Jolley Cut be relocated on the south side ofCNH's property and that the pathway nm east ûom Robinson Street Subsequently, Me, Yerich suggested that a tint should be created on both the north and south sides of the existing loney Cut. In addition, CNH was requested to considec a north-South link above the top of the bank, as provided for in the Official Plan. Both of Mr. Yorich's alternatives would require land conveyance by CNH and a possible purchase ofland by CNH from HOCO. Bach ofthc aItcmativcs was considered by the proponents and deemed to be unsatisfactory. Another impmtant issue which has been discussed is the fact that no detailed plans of the CNH hotel development have been brought folWlfd. 'I11erefore, it is impossible to determine how the new "development win fit with the City's Official Plan and related phrtning policies. The expansion of land for the pwposo of seeking additional hotel development rights will require rezoning. As a result of the rezoning process, detailed information will be reviewed. During this process, issues rcguding other park linkages and hotel size will be addressed. At this time, staff is coDSidcrlDg the issue of an unopened road allowance and the implications of closing the road allowance, selling it, and the direct impHCatiODS of this action. If Council accepts the recommendation in this report, a public process will be undertaken to close the road allowance. The process will provide additional opportunity Cor public input. CS-2001-08 - Jolley Cut August 7, 2001 -3 Conditions for Approval: ~ provide guaranteed public access by means of an easement on title enter into a maintenance agreement for the Jolley Cut ûom top to bottom final design plans must be acceptable to the City and NPC a moraine management plan must be acceptable to the City and NPC proponent provides a nortblsouth pedestrian link connecting the Skylon property to the Boca property pay full market value for the existing unopened road allowance pay all related costs .. ~ . ~ .. .. Presently, the Jolley Cut is in need ofmajor improvement and enhanced maintenance, While the entrance from Robinson Street is not easily identified, the Jolley Cut is used extensively by the public. All stakeholders agree that this linIc to Queen Victoria Park is important for the Fallsview area and should not be restricted in any way. The issue in dispute may be whether an casement for public access will serve the same purpose as public ownership. Council win be asked to decide whether public ownership is essential, in this case. The recommendation in this report is based on staff opinion that this proposal has potential to be a win-win situation for the City, the Public and the Private Sector. . Council can divest itself of an asset wmch will require substantial capital investment Over the next few years. The City will also incur savings in ongoing maintenance. In addition, the sale of the land will result in funds w1ùcb can be utilized for other City priorities. The Private Sector will have a larger property for development which will provide additional economic impact through jobs and taxes to the City. The public will benefit from an enhanced linkage between the Fallsview area and Queen Victoria Parle. The proposed elevator will allow easier access for the disabled and the elderly. . ...-.. -_. =mmMdOO ~ John MacDonald Executive Director of Community Services 1M:kk a;\COtlHO1..\200II~OOI_.r.¡kJOIlWpd Respectfully submitted: :;~ Chief Administrative Officer ..--.... . .. .. ..n._...- ... ... ...-.-..----.............--.----...---..---..-.-..-.-..-. .--.....u..... . mAG. FALLS CLERKS >02 080113:52 August 1,2002 City Clerk Mayor Wayne Thomson Members of City Council Job Macdonald Planning Department Kirkland Group Niagara Parks Commission City Hall P.O. Box 1023 N1888la Falls Ontario L2E 6X5 New .ToUey Cut Petition Total August 1, 2002 ~-.~ Please add the additional 287 names to the petition already on file. The total names of residents on . the petition now totals 5136, The process of petitioning for continued City ownership of the lolley cut is continuing. since this matter has not been resolved as of Aug 1. 2002. The Residents for . Public Ownership of the 1011ey Cut will cotltinue to advocate for oontiniJiog public ownership. until the matter is resolved. We would like to also mow the present status ofCS-2001-O8 t recommendation on the loner Cut, August 7. 2001 and request a reply to this question in writing to the address below. Please forward a copy of this letter to all the parties listed above Residents for the Public Ownenhip of the JoUy Cut 11m Brown ð~ tS~ 3404 S~~ft:Ave If Jag81'B ~ L2J 2Yl PLEASE NOTE THAT A COpy OF THE PETITIONS ARE AVAILABLE FOR VIEWING "IN THE CLERK I S ])EP ARTMENT . 90S.a5(?-19$.1 C/WP'i ÌI:,' ',' It" '/<" I , ~ ,,^ ',' ,j, '-,' j I ! 'I,' ",' ¡'J " ...¿. ,,~ ~, t ' ~ ,( , EXCERPTS OF COUNCIL MINUTES PLANNING MEETING Council Chambers . September 16, 2002 CAO-2002-07 - Chief Administrative Officer - Jolley Cut. The report recommends the following: 1) That Council consider the motion approved by the Niagara Parks Commission on the Jolley Cut at its August 16,2002 meeting; 2) That Council provide direction to staff. - AND - Communication No. 146 - Correspondence from Piraino & Raimondo Associates. The communication discusses the Robinson Street Hotel Development. The Chief Administrative Officer provided a brief summary of the events that had occurred with regard to the Jolley Cut matter; he referred to a proposal that had been brought forward by Canadian Niagara Hotels and that a study was to be undertaken, co- ordinated and facilitated through the City, funded by the Niagara Parks Commission and shared with other property owners in the area, He advised that the Niagara Parks Commission has since decided not to move forward with the study and have gone on record advising the Niagara Falls City Council "that it does not endorse the development of the Jolley Cut as proposed and further advise that the Niagara Parks Commission is prepared to take the transfer of the unimproved portion of Robinson Street from the City of Niagara Falls for a nominal consideration." He advised that Mr, Bob Burrell, Niagara College, for the Centre of Visualization, was in attendance to provide a visualization presentation to members of Council. During the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the matter be deferred until a public meeting is held, following which a final decision on the Jolley Cut would be made, The motion was Lost ORDERED on the motion of Alderman Orr, seconded by Alderman loannoni, that the City of Niagara Falls retain the ownership of the Jolley Cut. Carried Unanimously. Discussion ensued with respect to keeping the Jolley Cut in the public domain; the use of restrictive covenants and licenced agreements to maintain public ownership and access and restricting development on the moraine. Mr. Emilio Raimondo, Piraino & Raimondo Associates reviewed his correspondence dated September 13, 2002 dealing with the Robinson Street Hotel Development; he expressed the opinion that the Niagara Parks Commission's motion did not address key and critical issues such as continued public access to the park, identification of an appropriate entrance, impact on the Fallsview Area and the concept of the Grand - 2- Boulevard, Mr. Raimondo felt a proper consultant's report on this matter was still necessary. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that Mr. Jim Brown be permitted to address Council. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. Mr. Jim Brown, on behalf of the Residents for Public Ownership of the Jolley Cut, voiced the opinion that the main stakeholders were the residents of Niagara Falls, who expressed their wishes that the Jolley Cut be retained in its present dimensions of 66 feet with its continued, unfettered access by the public. ***** Alderman Puttick was ruled out of order when he expressed the opinion that the Chair was giving partiålity to the speaker. ***** Alderman Puttick vacated Council Chambers. ***** Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that Council go on record as not endorsing development of the City-owned portion of the Jolley Cut and as supporting the continuous free and unfettered public access and maintenance of the Jolley Cut as a natural area. The motion was Lost. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the City initiate negotiations to transfer control of the Jolley Cut to the Niagara Parks Commission by way of a long-time lease with the proviso that there be free public access along the Jolley Cut to Queen Victoria Park for the lifetime of the lease. The motion Carried with Alderman Pietrangelo voting contrary to the motion and with all others voting in favour. On the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool that Council watch the Niagara College visualization presentation. The motion was Lost. On the motion of Alderman Wing, seconded by Alderman Federow, that Council begin the process of designating the entire length and the 66 foot width of the Jolley Cut under the Ontario Heritage Act as a significant natural feature, In response, the City Solicitor advised that under the Ontario Heritage Act, the Local Architectural Conservation Advisory Committee (LACAC ) should make the recommendation to Council regarding designation of the Jolley Cut. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool, that the matter of designating the Jolley Cut as a natural feature be deferred. The motion Carried with Aldermen Craitor and Wing voting contrary to the motion and with all others voting in favour. Corporate Services Department PD-2004.16 Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director ---- Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 plann ing@city.niagarafalls.on.ca February 23,2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-16, SWC-O2/2001, Sidewalk Café Lease Goodfello's (Danny O's) 6383 Drummond Road Termination of Sidewalk Café Lease RECOMMENDATION: It is recommended that Council: 1) tenninate the lease, dated July 19, 1995, between Daniel Markarian (carrying on business in the name and style of Goodfello's Deli n Café) and the Regional Municipality of Niagara, to which the Corporation of the City of Niagara Falls is the successor; and 2) authorize staffto proceed with the removal ofthe existing structure, located within the road allowance, six (6) months from the giving of written notice to the lessee. BACKGROUND: In 1995, when Drummond Road was under the jurisdiction of The Regional Municipality of Niagara, a lease agreement was entered into between Daniel Markarian (tenant), carrying on business in the name and style of Goodfello's Deli n Café, and the Regional Municipality of Niagara. A deck and outdoor patio were constructed, with approximately a four (4)-foot portion extending onto the Drummond Road right-of-way. In 2000, the City assumed jurisdiction of Drummond Road and assumed control of all active agreements that went with this road, which includes the subject lease. Although Daniel Markarian filed a sidewalk café application with the City in 2001, it was not finalized as there were a number of outstanding issues that were not resolved by the owner or the tenant. However the said lease is still in effect and should be tenninated. In 2003, the liquor licence was revoked and the establishment was closed. A letter was sent to the owner of the property indicating that prior to any new liquor licence being issued, the owner would Working Together to Serve Our Community Clerks' Finance' Human Resources. Information Systems' Legal' Planning & Development .. February 23, 2004 - 2 - PD-2004-16 need to reapply for a sidewalk café licence. To date, the City has not heard from the property owner. Staff report PD-2003-66 is attached for further reference about other issues related to the property. During the period in which the outdoor facility operated, the City received numerous complaints from area residents concerning the noise generated. Staff Analysis This report addresses that part ofthe patio which is located on City property. Under the terms ofthe 1995 lease, the City has the right to terminate the lease at any time upon giving six months notice to the lessee. Currently, the lessee has not met the following terms of the agreement: . an annual rent of $150.00 has not been paid since the City assumed responsibility for Drummond Road; and . proof of liability insurance in the amount of $2,000,000 in favour of the City has not been provided. Renewal Certificates are to be provided to the City on an annual basis, which has not occurred since 200 1. Municipal Works has advised that the road allowance may be needed to accommodate the widening of Drummond Road and related intersection improvements. In addition to giving six months notice to terminate the lease, the owner should be notified that he must remove that part of the patio on City property, failing which, the City may remove it. CONCLUSION: Council's authorization is being sought to terminate the lease as there has been non-payment of rent and breach of covenants ofthe lease. As well, the land may be required for road widening purposes. Prepared by: espectfully s:Aitte~_/ ,?l¿~~ John MacDonald Chief Administrative Officer Jk trv)~ J.Andrew Bryce r Planner 2 Recommended by: ~~ Doug Darbyson Director of Planning & Development Approved by: 'j {/Ji~ . T. Ravenda Executive Director of Corporate Services AB:pb Attach. S:\PDR\2004\PD2004-16, SWC-O2-01, Goodfellos Tennination of License.wpd Corporate Services Department PD-2003-66 Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director ---- Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 plann ing@cíty.niagarafalls.on.ca July 14, 2003 His Worslùp Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-66, Danny 0'5 - 6383 Drummond Road Status Report..; Parking and Sidewalk Café Issues RECOMMENDATION: It is recommended that Council receive this report for information purposes, BACKGROUND: Council, at its meeting on June 16,2003, requested that staff look into parking conditions at Danny O's at 6383 Drummond Road. There has been a lùstory of concerns and complaints about this property located at the southwest comer of Drummond and Murray Streets, including traffic concerns, noise and - disruptions. Currently, the liquor license has been revoked for the property and the establishment appears to have been closed, This report is to provide a status of issues regarding this property, including parking, the sidewalk café, and building permits, and indicate' a course of action if a business, under a new liquor license,is establìshed here, Parking Concerns The parking stalls accessed directly fÌ"om Murray Street are deficient in size and could only accommodate medium sized vehicles. If a large vehicle such as a truck or van were to park here, it will extend onto city road allowance and block the public sidewalk. At an April 200 lon-site meeting with staff and the owner;this situation was discussed. It was agreed that angled parking stalls would be striped in this parking area, signs would be posted indicating that large velùcles are to be parked across the street to avoid velùcles overhanging the sidewalk and City Staff would patrol and issue tickets for vehicles overhanging the sidewalk. , To date, the owner has complied with the first two conditions indicated above. Furthermore, Traffic Services has indicated that since 2001, they have not received formal complaints 'about vehicles overhanging the sidewalk and have not issued any tickets. This situation will continue to be monitored by staff. If vehicles overhanging the sidewalk becomes a problem, options such as relocating the sidewalk to the curb face at the owner's cost will be investigated. Working To¡?ether to Serve Our Community r. July 14, 2003 .2- PD-2003-66 Building Permits Records indicate that canopies on the north and east elevations, a cantilevered floor system and an overhead door on the north elevation were constructed without a building permit. In 2001, an order to comply was issued. This order has not been complied with, nor has he applied for a building permit. The owner has the option of removing this construction or seeking appropriate building permits. Staffwill continue to follow up with these outstanding building concerns. No new liquor license should be entertained, or sidewalk café agreement entered into until the building matters have been dealt with to the satisfaction of the Building and By-law Services Section. Sidewalk Café The existing deck is situated on the road allowance. When Drummond Road was under Regional jurisdiction, an encroachment agreement was issued to permit the existing deck to be used as a sidewalk café. Since this time, the jurisdiction of this road has been delegated to the City. Although, a sidewalk café application was applied for in 2001, a sidewalk café agreement was never executed. Prior to re-licensing this café, a new SidewalkCafé application would need to be submitted and a new agreement executed. The agree~ent would require liability insurance for the café that would provide protection for the City, would permit the City to require removal of the café ifit becomes a safety risk and would prohibit operation between II.p.m. and 8 :00 a.m, in accordance with the Sidewalk Café Guidelines. Staffwill follow up with the owner, indicating that a new application will need to be submitted or the café removed. No-liquor license will be endorsed by the City until one of these two actions happens. CONCLUSION: Staff will follow up with the owner or a new owner/ operator regarding the outstanding issues indicated above. Prepared by: ~~ Planner 2 espectfully submitted: .~ John MacDonald Chief Administrative Officer Recommended by: ~~~~ Deputy Director of Planning & Development Ap~oved by: ~~. T. Ravenda Executive Director of Corporate Services AB:pb 11 '(- 1 ,j( ì ¡ : . THIS LEASE made this 19th day of July, 1995. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT. BETWEEN: THE REGIONAL MUNICIPALITY OF NIAGARA Hereinafter called the "LESSOR" OF THE FIRST PART - and - DANIEL MARKARIAN, carrying on business in the name and style of GOODFELLLO'S DELI N CAFE Hereinafter called the "LESSEE" OF THE SECOND PART WITNESSETH THAT: A, WHEREAS the Lessor is the owner of certain lands and premises, hereinafter called the "Premises", located in the City of Niagara Falls, in the Regional Municipality of Niagara, in the Province of Ontario, which Premises are described as part of the untravelled portion of Regional Road No. 100 (Drummond Road), comprising an irregular strip having a width of 4 feet more or less and a length of 35 feet more or less, which Premises are shown in yellow on the sketch attached hereto as Schedule" A "; B. AND WHEREAS the Lessee is the occupant of certain lands and premises adjoining the Premises; I c. AND WHEREAS the Lessor has agreed to lease the Premises to the Lessee for the purpose of an outdoor patio area, subject to the terms and conditions hereinafter set out; - NOW THEREFORE: 1. IN CONSIDERATION of the rents, covenants and agreements hereinafter respectively reserved and contained to be respectively paid, observed and peñormed, the Lessor hath demised and leased and by these presents doth demise and lease the Premises unto the Lessee, 2, TO HA VB AND TO HOLD the Premises for and during the pleasure of the Lessor. 3. YIELDING AND PAYING therefor, in advance, yearly and every year during the said term unto the Lessor, the sum of One Hundred and Fifty ($150.00) dollars of lawful money of Canada, payable on or before the 1st day of May in each year of this lease, except that the payment for the first year is due forthwith upon execution of this lease by the Lessee. 4. THE LESSEE COVENANTS with the Lessor: (a) (b) to pay rent; to pay all taxes, including any Goods and Services Taxes, and including business assessment or grant in lieu as may apply to the Premises, and any I I I I I i t - Ii II Ii Ii I r I I ! II I . .. II :¡- ,I I I I II II " Ii II II :1 I II I i r J II II Ii i: ,: , , - 2 - other charges levied against the Premises to the intent that the Lessor shall not be responsible for any charges whatsoever during the term of this lease; any such taxes shall be paid to the Lessor at the same time as the amounts to which such taxes apply are payable to the Lessor under the terms of this lease or upon demand at such other time or times as the Lessor from time to time determines; (c) to maintain the Premises in a state of cleanliness and safety, and to repair any damage caused thereto by the Lessee's own wilful or negligent conduct or that of persons who are permitted by the Lessee to use the Premises; (d) to remove snow from and cut grass upon the Premises; (e) at the tennination of this lease, to remove the Lessee's fixtures and to leave the Premises in a state of cleanliness and good repair to the satisfaction of the Lessor, and, in order to ensure that this is completed, to provide the Lessor, forthwith upon execution of this lease by the Lessee, with security in the amount of $500,00 by way of cash or an unexpiring, irrevocable, standby letter of credit in fonn satisfactory to the Region's solicitor; (f) to indemnify the Lessor against and to save the Lessor harmless from and against all claims, demands or proceedings for loss, damage or injury, including death, and from and against all costs and expenses which the Lessor may sustain, suffer or incur, resulting from or arising directly or indirectly out of the use of the Premises pursuant to this lease or resulting therefrom in any way whatsoever; (g) to maintain appropriate liability insurance in the total of at least two million dollars ($2,000,000) during the tenn of this lease showing The Regional Municipality of Niagara as an additional insured, and to provide proof of such insurance, and any necessary renewal thereof, satisfactory to the Region's solicitor. Such proof shall contain an endorsement indicating that the insurer agrees to provide at least thirty (30) days' prior written notice by registered mail to The Regional Municipality of Niagara in the event of cancellation or lapse of this policy or in the event that coverage provided by this policy is reduced or becomes morc restricted than is the case at the effective date of this endorsement. The initial proof of insurance shall be provided forthwith upon execution by the Lessee of this lease; (h) to protect the survey monuments describing the Premises and ensure at the Lessee's own expense that all such survey monuments are properly in place upon the termination of this lease; (i) not to assign or sublet; (j) (k) not to erect or place any advertising signs upon the Premises; to pay the Region's legal administration fee together with applicable taxes forthwith upon execution by the Lessee of this lease; (1) (m) to use the Premises solely for an outdoor patio area; to comply with and conform to the requirements of all applicable statutes, laws, by-laws, regulations, ordinances and orders from time to time or at any time in force during the term of this lease and affecting the Premises in any way, and, without restricting the generality of the foregoing, to obtain and maintain in full force and effect the agreement, permission or licence of the Corporation of the City of Niagara Falls to the use of the Premises as provided in this lease; and I. I :' , . (n) - 3 - To comply with and conform to the requirements of The Consumers' Gas Company Ltd. including all terms of any agreement entered by the Lessee with the said The Consumers' Gas Company Ltd. , 5. THE LESSEE AGREES that the Lessor shall not be responsible for providing any supervision, protection or services for the Premises or for keeping unauthorized persons from the Premises or for removing unauthorized persons or property from the Premises. 6. II II " 7. THE LESSOR COVENANTS with the Lessee for quiet enjoyment except that the Lessor may grant rights in the Premises to other parties, and shall have the right itself to install and maintain services, utilities, or uses on, in, under or over the Premises, PROVISO for re-entry by the Lessor upon non-payment of rent or non- performance of covenants, 8. THE LESSOR SHALL HAVE THE RIGHT at any time to terminate this lease upon giving at least six months' written notice to the Lessee. 9. WHEN THIS LEASE is terminated the Lessee shall not be entitled to any refund of any portion of the most recently paid rent payment. FOR GREATER CERTAINTY, the obligations of the Lessee pursuant to paragraphs 4 and 9 of this lease shall survive the termination of this lease and shall continue to bind the Lessee and his legal representatives, successors and assigns. 10. i: " ,¡ I, II ¡: d 'I Ii IN WITNESS WHEREOF the party of the first part has hereunto afflxed its corporate seal under I the hands of its proper officers duly authorized in that behalf and the parties of the second part I have hereunto set their hands and seals. i I SIGNED, SEALED AND DELIVERED I in the presence of ) ) ) ) ) ) ¡"tv,#-, ) " -_..,.......\............................_-- ) I~ /!IN rtF;<>I.OI,^tSpLICllOß ) I ~ II ¡/t! /, :,:~./-,:, -- /,/(, é~",~~, ø"" !» I ,-< t, 1< ' . -' "Co; ,( (witness) ) ) APFFDYEJ) i\:~:ì 'Il) HY.::M THE REGIONAL MUNICIPALITY OF NIAGARA DATED: July 19, 1995 THE REGIONAL MUNICIPALITY OF NIAGARA - and- DANIEL MARKARIAN carrying on business in the name and style of GOODFELLO'S DELI N CAFE I. Ii 't II , I I I I , 11 II !: LEA S E '; 11 II OFFICE OF THE REGIONAL SOLICITOR The Regional Municipality of Niagara 2201 st. David's Road, Box 1042 Thorold, ontario L2V 4T7 (PR-31-366) , , ~ ,',II I' ~ Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director PD-2004-18 Tel: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca February 23,2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: RECOMMENDATION: It is recommended that: 1) PD-2004-18, Recommendation Report Ascot Woods Extension 7 Draft Plan of Subdivision 26T -11-2003-02 (Revised) Zoning By-law Amendment Application AM-38/2003 Owner: Ascot Woods Ltd. the Ascot Woods Extension 7 Plan of Subdivision be draft approved subj ect to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; and 4) the application to amend the Zoning By-law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. BACKGROUND: Proposal The applicant proposes to subdivide a 3.94 hectare (9.73 acre) site into 24 lots for single-detached dwellings, a block for parkland and a block for future residential use. The plan has been revised from the initial submission that provided 25 lots. The property is located between Kalar Road and Montrose Road, northwest of the CN Railway line and southwest of the proposed extension to Highway 420 as shown on Schedule 1. The proposed roadways are a continuation of Beaverton Boulevard and Brookside Drive that tenninate with cul-de-sacs. Schedule 2 illustrates the subdivision layout. Working Together to Serve Our Community Clerk's. Finance' Human Resources. Information Systems' Legal Planning & Development r. February 23,2004 .2 - PD-2004-18 The site is currently zoned Development Holding (DH) by Zoning By-law No. 79-200. The applicant has requested the zoning of the land be changed to the Residential Single Family IE Density (RIE) category. Public Consultation The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on November 17, 2003. Residents spoke at the meeting and a letter was submitted concerning downstream drainage impacts and the separation of sewers in the subdivision south of the railway tracks. Staff addressed these matters at the meeting. The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. Planning Review Various matters were considered in assessing the proposed plan of subdivision and zoning amendment. Based on this analysis, approval is recommended subject to detailed subdivision conditions and with modifications to the requested zoning category standards. The review of the applications is addressed under the following headings. Official Plan The City's Official Plan designates the property Residential which pennits a variety of housing types. The Beaver Valley Extension subdivisions to the west are approved for single-detached dwellings and several homes have been constructed. Undeveloped City parkland abuts the plan to the southwest. The CN Railway line borders the site on the south and the proposed extension to Highway 420 fonns the northerly limit. The subject land is the last vacant parcel for development in this area. The Official Plan promotes a compatible mix of housing types and lot sizes to provide a full range of housing opportunities. The subdivision continues the established single-detached lotting of the abutting plans and is a reflection of the strong market for this type of housing. With the inclusion of appropriate mitigation measures from the railway and highway as discussed later in the report, the development should be compatible with the surrounding uses. Subdivision Design The triangular shape ofthe property, CN Railway line and proposed Highway 420 Extension impose design constraints on the subdivision. CN has a standard dwelling setback of75 metres (246 feet) from their right-of-way to address vibration impacts. Distances less than this setback are possible if supported by a vibration analysis or with the incorporation of special mitigation measures into the home construction. This criteria has resulted in very deep lots backing onto the railway tracks. The original intent for the area was to have a second road connection with the extension of Green Avenue. However, CN would not approve this proposal for safety reasons and the number of existing crossings in the immediate area. The Ministry of Transportation (MTO) has acquired land through subdivision applications for the planned Highway 420 Extension. The Province is also considering the Mid-Peninsula Transportation Corridor and indicates the Highway 420 option must be maintained pending the completion of the Mid-Peninsula environmental assessment. The approved subdivisions to the north and west make provision for further residential lotting and streets if the Highway 420 project does not proceed. February 23, 2004 - 3 - PD-2004-18 The developer has worked with City staff dating back to early 2003 and prepared several concept plans to consider various lotting, road patterns and housing options for this unique site. The originally submitted plan generally responds to issues identified in the preliminary review and continues the road system and single-detached lotting established in the abutting subdivisions. Further modifications recommended by staff and accepted by the developer are the extension ofthe Beaverton Boulevard cul-de-sac to the northeast boundary of the plan and creation of Block 25 for future residential use. The street change addresses lot frontage problems on the bulb and allows the possible future extension of the road to the east over MTO land if the Highway 420 Extension is abandoned. Block 25 in the revised plan is a large and deep parcel abutting CN and MTO properties. This block could be combined with MTO land for a multiple unit residential development if the highway does not proceed to address, in part, planning goals to improve the mix of housing types and increase density. Otherwise, Block 25 is sized for a single-detached lot when the decision to go ahead with the highway is finalized. The Official Plan contains a policy that internal streets terminating in a cul-de-sac shall not normally extend beyond 150 metres (492 feet). The length of Beaverton Boulevard east of White Dove Parkway is approximately 185 metres (607 feet) as revised. Emergency access issues for this road should be adequately addressed through pavement design and boulevard width, water supply system, hydrant locations and possible vehicle parking restrictions. The cul-de-sac bulb dimensions will allow fire trucks a proper turning radius. The developer proposes to provide Block 26 to the City in exchange for a portion of undeveloped park property shown as Part A on the plan. This land transfer would allow the developer to create an additional building lot in combination with proposed Lot 24. Parks, Recreation & Culture support the exchange but not as part of the required parkland dedication since cash-in-lieu of parkland is needed to assist in the development of the park facilities. Fencing of the revised park boundary is a standard condition. Sidewalks are not recommended on the cul-de-sacs in accordance with municipal practice due to anticipated low pedestrian and traffic volumes. The stormwater detention pond, emergency access lot, entry road expansion and other servicing constructed in the Beaver Valley Extension subdivisions are to be utilized by the proposed plan. The respective developers have agreed to proportional cost-sharing for these items and a condition is included. Regional Comments The Regional Planning and Development Department has expressed concerns with the low density ofthe subdivision resulting from the deep lots next to the CN railway. The Region would also prefer a better dwelling mix with the provision of townhouses as shown in a preliminary subdivision design. As previously noted, staff explored design options with the developer in an attempt to reconcile the planning objectives for housing mix/increased density and compatibility with the CN Railway and future highway. The Region acknowledges these negotiations and site constraints and have indicated no objection to the revised plan. Standard conditions for servicing have been requested by the Regional Public Works Department. Regional Planning also reviewed the subdivision with regard to Provincial policies. A noise study for the current subdivision design is requested to determine specific mitigation measures from the railway and future highway. Conditions for the review and approval of plans for stormwater management, lot grading, sediment and erosion control and an archaeological assessment are included. n February 23, 2004 - 4 - PD-2004-18 Agency Comments CN Rail has requested detailed conditions for benning, dwelling setbacks, the completion of a noise and vibration study, as well as standard warning clauses. The Ministry of Transportation (MTD) has requested conditions for dwelling and accessory structure setbacks and approval of servicing plans with respect to the proposed Highway 420 Extension. MTD advises that permits will be required for all buildings within 46 metres (151 feet) of the future highway property line. Canada Post has indicated that the lots will be served by Community Mailboxes. In addition, the developer will be required to enter into separate agreements with several utility companies. Zoning Amendment The requested RIE zoning permits a minimum lot frontage of 12 metres (39.4 feet) and a minimum lot area of 370 square metres (3,983 square feet). The proposed lot sizes satisfy these zoning standards. Special dwelling safety setbacks are required from the CN Railway right-of-way (30 metres/98.4 feet) and from the future Highway 420 property line (14 metres/45.9 feet). These are the same increased provisions required in the abutting subdivision to the west. CONCLUSION: The Ascot Woods Extension 7 Draft Plan of Subdivision is an appropriate development of the site. The application complies with the policies of the Official Plan. There are restrictions on the development due to the property configuration and abutting transportation corridors. The design allows for future street and lotting options if current plans for the extension of Highway 420 are changed. Mitigation measures should make the residential development compatible with surrounding uses. The recommended zoning by-law amendment will provide suitable regulations for the construction ofthe dwellings and ensure land use compatibility. The required conditions of approval are listed in the Appendix. Richard Wilson Planner 2 Respectfully submitted: å!;~o~ Chief Administrative Officer Prepared by: ~~ Recommended by: ~\){ .' /Y D~~son Director of Planning & Development Approved by: T~~a Executive Director of Corporate Services RW:gd Attach. FILE: S:\PDR\2004\PD2004-I 8, Ascot Woods Extension 7.wpd February 23, 2004 - 5 - PD-2004-18 APPENDIX Conditions for Draft Plan Approval 1. Approval applies to the Ascot Woods Extension 7 Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., revised dated February 20, 2004, showing 24 lots for single-detached dwellings, a block for parkland and a block for future residential use. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development ofthe land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation ofthe Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: a) construction of 8.0 metre wide pavement on the straight roadway section with a 14.7 metre wide pavement radius (15.0 metre radius including curb/gutter) on the cul-de-sac bulbs; dedication ofthe road allowances to the City as public highway and the streets named to the City's satisfaction; provision of water distribution, sanitary sewer and storm sewer systems including a major and minor storm sewer design concept; weeping tile flow to be directed to the storm sewer by use of sump pumps; provision of an overland stormwater flow route; and application of the City's Lot Grading and Drainage Policy. b) c) d) e) f) 5. The developer dedicate a 0.3 metre reserve (Block 27) to the City along the northerly limit of the plan to preclude access to the proposed extension of Highway 420. 6. The developer dedicate a 0.3 metre reserve (Block 28) to the City along the frontage of Block 25 to preclude access to Beaverton Boulevard. 7. The existing 0.3 metre reserves at the present terminus of Beaverton Boulevard and Brookside Drive (Blocks 70 & 71, 59M-307) be dedicated to the City as public highway. 8. If necessary, the developer submit a legal undertaking to the Municipal Works Division - Traffic & Parking Services agreeing to restrict parking to one side of Beaverton Boulevard in the plan, which will be implemented through municipal by-law after plan registration. 9. The developer pay the impost fees as set out in the City's Shriner's Creek Agreement. 10. The developer grant the City and Public Utilities any easements required to service the subdivision. .. 20. 21. 22. 23. February 23, 2004 - 6 - PD-2004-18 11. The developer provide written confinnation to the City from Beaver Valley Realty Ltd. indicating that satisfactory arrangements have been made for the payment of$15l,838.18 to Beaver Valley Realty Ltd. representing the proportional cost-sharing amount for the stonnwater detention pond, emergency access lot, entry road expansion and other servicing constructed in the Beaver Valley Extension subdivisions that is to be utilized by Ascot Woods Extension 7 subdivision. 12. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the developer shall advise the municipality of the arrangement made for such servicing. 13. The developer dedicate Block 26 to the City in exchange for the City transferring a triangular portion ofland at the northeast comer of Block 67, 59M-307 (shown as Part A on the plan) to the developer to create a building lot in combination with proposed Lot 24. 14. The developer provide a 1.83 metre high chain-link fence along the revised park boundary (west side of combined Lot 24 and Part A). 15. The developer pay the City cash-in-lieu of 5% parkland dedication. 16. The developer provide boulevard trees in accordance with City policy. 17. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. 18. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confinning that all lots comply with the Zoning By-law. 19. The developer provide five copies ofthe pre-registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. The detailed design drawings for the water, sanitary sewer and stonn sewer facilities for this plan be submitted to the Regional Public Works Department for review and approval. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing for this development. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning and Development Department acknowledging that draft approval of this subdivision does not include a commitment of servicing allocation by the Region. Servicing allocation will be assigned instead at the time of final approval of the subdivision for registration purposes, and a similar clause be inserted in the subdivision agreement between the developer and the City. Immediately following notice of draft plan approval, the developer provide the Regional Planning and Development Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration. 25. 26. 27. 28. 29. February 23, 2004 PD-2004-18 - 7 - 24. Prior to approval ofthe final plan or anyon-site grading, the developer submit two copies ofthe following to the Regional Planning and Development Department, designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled "Stonnwater Management Practices Planning and Design Manual", March 2003, and "Stormwater Quality Guidelines for New Development", May 1991, and the developer agree in the executed subdivision agreement to implement these approved plans: a) written confinnation that the existing stonnwater management facility in the Beaver Valley Extension subdivisions were designed and built to service the proposed Ascot Woods Extension 7 plan with respect to stonnwater quality and quantity; detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and detailed sediment and erosion control plans. b) c) Note: The Region will request the Niagara Peninsula Conservation Authority to review these plans on the Region's behalf and to submit comments on them to the Regional Planning and Development Department. The Regional Planning and Development Department is the clearance agency for this condition. The developer submit a copy of a noise study, conducted by a qualified professional engineer, to the Regional Planning and Development Department for review and approval assessing the impact of railway and future highway noise on the subdivision and recommending appropriate measures to reduce noise levels and warning clauses advising of noise conditions within the development in accordance with the Ministry of the Environment's noise criteria. The recommendations of the approved noise study be implemented through the subdivision agreement to the satisfaction of the Regional Planning and Development Department. An archaeological assessment be conducted ofthe site by a licensed archaeologist and adverse impacts to any significant archaeological resources found on the site be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture, through the Regional Planning and Development Department, confinning that all archaeological resource concerns have met licensing and resource conservation requirements. Note: A copy of the archaeological assessment report is also to be submitted to the Regional Planning and Development Department for infonnation. While the Ministry of Culture is the approval agency, the Regional Planning and Development Department is the clearance agency for this condition. The zoning by-law amendment require a minimum dwelling setback from the railway right-of- way of 30 metres. The developer engage a consultant to undertake an analysis of noise and vibration in order to recommend abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment and Canadian National Railway. Upon review and approval of the noise and vibration reports, all recommendations provided should be included in the Subdivision Agreement. T1 32. 33. 34. February 23, 2004 - 8 - PD-2004-18 30. The developer agree in the Subdivision Agreement, in wording satisfactory to Canadian National Railway, to the following: a) Construct and maintain an earthen benn a minimum of 2.5 metres above grade at the property line, having side slopes not steeper than 2.5 to 1, adjoining and parallel to the railway right-of-way with returns at the ends. The Railway may consider other measures or alternate configurations of the benn, subject to review of appropriate plans. b) Construct and maintain an acoustic barrier along the top of the benn of a minimum combined height of 5.5 metres above top-of-rail. The acoustic fence to be constructed without openings and of a durable material weighing not less than 20 kg. per square metre of surface area. The Railway may consider other measures, subject to the review of the noise report. c) Install and maintain a chain link fence of a minimum 1.83 metre height along the mutual property line. d) Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. 31. The following warning clause shall be included in the Subdivision Agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling unit. Provisions must be included in the Subdivision Agreement to ensure that the warning clause survives the release of the developer's obligations under the Subdivision Agreement and remain on title. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such right-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way." The developer shall through restrictive covenants to be registered on title and all agreements of purchase and sale or lease provide notice to the public that the safety benn, noise attenuation and security fencing and vibration isolation measures implemented are not to be tampered with or altered and further that the developer shall have sole responsibility for and shall maintain these measures to the satisfaction of CN. The developer enter into an Agreement with CN, stipulating how CN's concerns will be resolved and will pay CN's reasonable costs in preparing and negotiating the agreement. The developer shall grant CN an environmental easement for operational noise and vibration emissions, registered on title against the subject land in favour of CN. February 23, 2004 - 9 - PD-2004-18 35. The zoning by-law amendment require a minimum dwelling and accessory structure setback of 14 metres from the right-of-way boundary of the proposed Highway 420 Extension. 36. The developer submit lot grading and drainage plans, servicing plans and stormwater management report addressing the intended treatment of the calculated runoff and its impact on the future highway to the Ministry of Transportation for review and approval. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 12 Regional Niagara Public Works Department for Conditions 20 and 21 Regional Niagara Planning and Development Department for Conditions 22, 23, 24, 25, 26 and 27 Canadian National Railway for Conditions 28, 29, 30, 31, 32, 33 and 34 Ministry of Transportation for Conditions 35 and 36 SCHEDULE 1 Proposed Plan of Subdivision & Zoning By-law Amendment Ascot Woods Extension 7 26T-11-2003-02 & AM-38/2003 Location Map 1 Subject Land [8 ~ e l:NTS ( :\0' S Reouests \2003 \Schedules\Subdi visionslascot ?\maDDing. aDf November 2003 Ascot Woods N II..OCK IS1 E ~~~~~~ ...~~~~~~ 5 KEY . CITY or .IAGARA rAUS (Mtt._.) ADDITIONAl INrORMATION REQUIRED UNDER SECTION 51 or THE PlANNING ACT. (A)-AS_ONDIWT...... t8)-AS""""'ONDIWT...... (C)-"S""""ONDlWTAHOIŒY",-,"S ID) -SIHO\E -NAY""'EJmOl (S)-AS_ONDIWT...... (F)-AS_ONDRAn...... (BI-AS_ONDIWT""" (R'-U""""""WA"'. (t)-cu.MLOOM (J}-ASSHOWNONDIWT...... "',-AU.",""",,,,"SE""'CES (L)-AS_ONDIWT...... LAND USE ANALYSIS ........ or LO,", 2. --- or ILDO<$, . MEA or ""OLE 'NAY LOts - 2.780 HKI~ (0." _.) MEA or .OADS - o.s2J HKI~ (I." _.) MEA or BLOO<S - 0.&33 HK"'" (I.so-) lOTAL MEA or S\IBO1=ON - 3.8" H"I~. ('.'3 A_) -d...I.. bound", ot ....~.... OWNER'S C£RTlrlCATE I .....",. AU- UAT1HEWS, CAIÆROH. HEY'ROOO - """'Y T. """" ~ UIR1tD 10 SUBMIT '"" PLAN 10 1HE aI, .,_r_roo 1I<ÐRm>ROVAL. --~WL 0.1. --0.:....--- .-.-"":""-.- -"""""........, SURVEYOR'S C£RTlrlCATE ,.....",. ŒR1FY "'AT tHE OOUNDARIES or tHE '-"'" "' BE ........... - CORREC1L Y SItOWH. _r-,. '" 201M --~WL - --~¿~-- --- MA~~~~K.!T!:!I~~LTD, I.' R-"'~ ..- -...- ....... A- rJ1 n == trj ~ Cj ~ ~ ~ Corporate Services Department PD-2004-19 Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director ...--- Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Saki and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-19, Draft Plan of Vacant Land Condominium File: 26CD-11-2003-02 Kalar Road (East Side), North of Costabile Drive Block 66, Registered Plan 59M-207 Owner: Pinewood Homes (Niagara) Ltd. RECOMMENDATION: It is recommended that: 1) the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: Proposal The applicant proposes to register a Vacant Land Condominium over the 0.484 hectare (1.196 acre) site to create vacant land units (e.g., lots) for the constructionof6 semi-detached dwellings (12 units) and one single-detached dwelling on a private road. The property is located on the east side ofKalar Road, north of Costabile Drive, as shown on Schedule 1. This land is described as Block 66, Registered Plan 59M-207 (Marisa Subdivision). There is a single-detached dwelling known municipally as 4336 Kalar Road on the site. Schedule 2 illustrates the proposed condominium layout. The application for plan of condominium subdivision will permit the individual ownership of each unit of land in the development with the driveway shared by the condominium corporation. Working Together to Serve Our Community Clerks. Finance' Human Resources. Information Systems. Legal. Planning & Development 11 n February 23, 2004 - 2 - PD-2004-19 Planning Process This development has proceeded through various planning approvals and consultation with the public. The site is a planned multiple residential block within the Marisa Subdivision which was registered in March 1993. The property was subj ect to a recent rezoning application (AM -29/2003) that was approved in principle in October 2003. Zoning By-law No. 2004-34 was passed by Council on February 2,2004 to zone the land Residential Low Density, Grouped Multiple Dwellings (R4) with special provisions. The appeal period for this by-law ends on February 26,2004. The project has been designed for compatibility with surrounding land uses and contributes to the mix of available housing types in the area. The vacant land condominium is a new type of ownership where the property is divided into "units" ofland. When the plan is registered, the units are then sold much like lots in a typical plan of subdivision and building permits can be issued. Conditions of Approval The majority of development issues for the land were addressed through the approval of the underlying subdivision plan including parkland dedication. Site servicing must be approved for the condominium layout. The location and sizing of the private roadway relates to zoning by-law compliance for the front yard setbacks of the future dwellings. The development is adjacent to a tributary of Shriner's Creek and the Niagara Peninsula Conservation Authority requests conditions to approve lot grading, drainage, sedimentation and erosion control plans. Landscaping along Kalar Road and fencing the perimeter ofthe site are requirements. The designation of a fire access route through the development, if required by Fire Services, is also requested as a condition. The Region advises that the driveway design must satisfy access requirements for waste collection vehicles or other arrangements for garbage pickup shall be made. CONCLUSION: The proposed Draft Plan of Vacant Land Condominium will allow the separate ownership ofthe land units for dwelling construction in the future. The conditions of approval are listed in the Appendix. ü./~ Richard Wilson Planner 2 Respectfully su~~ted: ~ I ~/nC~~~ 000 MacDonald Chief Administrative Officer Recommended by: , /k& I~k£ tf/ áoug Darbyson Director of Planning & Development Approved by: Ti~ Executive Director of Corporate Services RW:tc Attach. S:\PDR\2004\PD2004-l9, 26CD-II-2003-02 Kalar Rd ES.wpd 7. 8. 9. February 23, 2004 - 3 - PD-2004-19 APPENDIX Conditions of Draft Plan of Vacant Land Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated December 3,2003, showing vacant land units far 6 semi-detached dwellings and one single-detached dwelling, and an exclusive use area/driveway. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit all servicing plans including water, sanitary, stormwater, private driveway, lot grading and drainage to the Municipal Works Division for review and approval. 5. The developer pay the applicable impost fees as set out in the City's Shriner's Creek Agreement. 6. The developer submit a request to Fire Services to designate through municipal by-law a fire access route on the property, if required. The developer submit a landscape plan for the review and approval ofthe Director of Parks, Recreation & Culture illustrating the streetscape treatment along Kalar Road including the planting of boulevard trees in accordance with City standards. The developer provide board-on-board fencing along the north, east and south boundaries of the site to the City's satisfaction. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development and the construction of dwellings on the vacant land condominium units. 10. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all vacant land condominium units comply with the Zoning By-law. 11. The developer provide five copies of the pre-registration plan to Planning & Development and a letter stating how all conditions imposed have been or are to be fulfilled. 12. The developer either comply with the Regional Municipality of Niagara's "Collection of Waste By Way of Entry on Private Property" Policy (PW2, WO7) and enter into an Indemnity Agreement with the Region to the satisfaction ofthe Regional Public Warks Department, or make alternative arrangements for waste collection. .. February 23, 2004 - 4- PD-2004-19 13. The developer submit detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, to the Niagara Peninsula Conservation Authority (NPCA) for review and approval. 14. The developer submit detailed sedimentation and erosion control plans, detailing controls to be implemented both during and after construction, to the NPCA for review and approval. 15. The developer obtain approvals from the NPCA in accordance with the Fill, Construction and Alteration to Waterways Regulation 99/91 (as amended by Ontario Regulation 266/92 and Ontario Regulation 508/94) and/or the Department of Fisheries and Oceans (DFO) for stormwater outfall(s) to the W-5-3 Tributary. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Condition 12 Niagara Peninsula Conservation Authority for Conditions 13, 14 and 15 SCHEDULE 1 Proposed Plan of Vacant Land Condominium Block 66, Registered Plan 59M-207 26CD-ll- 2003-02 Location Map , , , , , 0' a:: , a:: , ~, , , , , , , I , , I , , I , , , I I I I , I a:: 0 UJ .....I « ~ 0 ~ ID ALPINE DR COSTABILE DR Subj ect Land ~ ~ e ~ l:NTS K:\OIS Roouests\2003\Schedules\Condos\4336 kalar\mapping.apr February 2004 n I k I I I IrJ I~ () IS,.. roo ' I I I I ~ II 1: I j œ! I t r~ ~ I...: , ~! I 1° I] t~: 11 C' Ii I~ I I t~ I~ ~ I~ I ........ ........ ........ BLOCK 65 ........ ~--------------------------- ~¡ .,. .. ¡- ---¡ .'üif'2--\ -:d-¡ -- ---- --=-~ . I " , ---_.J r ~ r .'ii'iir- ---- r l' r I83nn ':1- Y",1j. -: u-;, " '.A~A'T LA"" r BLOQK 64 (IL-..a 10' ......... 18 II _. It.. ~"'IUI) .... ,- r r . -iiii"ï'- _-a- r =r , , BLOCK 61 "A'" -,-_. -- UNIT 7 _.m- """"-.... -""........ """"...... """"....... 7//- LII /..l~ 62 I"¿ /~b ... ~I- íl-r ..... SIll- /'/'1 - - ¿It ---H7--- ::::S:-T8/ock 27/1/1,. Block 28 y~ \ BLOCk; ~ -¡¡¡r-ii-l,iir-ii-2 -."'- I _._- r r -L At. ~ LOT PlAN 25 PAll1'I......SIII-l1- :1 ....,..."u" ~- .~ ... r..JL - ..... LOT 18 284 LOT I . ""'1"00"0" I 22 I LOT 21 IUI: 159M !h I III: I . I PARKWOOD COURT ! leQal. 1 :81.1841 G : \i 0 bs \3 6 2 50. 3 64 99\36 2 6 7\dWQ \3 626 7 .C ON D 0-0 RAFT. --"-~-,, ELOa< ee. PUN 5IIM-2O7 aTY OF NAGARA FAU.S ..-. ............ or - <----.<--- ,-------,,- !ICM.E 1o- ___-.....,T.- -........ .......... .... - IIIFOIIIIAT1IIII R£QIJIII£D - steI1\III 5t or tIE ~ - AND UMOOI steI1\III . f1Fns_ACfIH8 ......-...-...... ..,...-...-...... ......-...-.-.....- ..,"-..---.............."'"'" ......-...--.... m"'-"'--"'" ..,...-...-..... ...-----.y .".......... ..,...-...--..... ...--......... "',- ,.....- ....L""" LOr- _or..... .- --- .. ... -..... 13 KEY PLAN CRY OF NIAGARA FAUS ...- """"" .,.,."..,.... ,-------. .----..--...."'-- or_........--- ~ ,---""::.-- ---... ....."."... CO""""'... 0_"""'" "'T_"""""" -- "'. ..- - C<ØC1\.y -. -----..-. - .::::'.~,:'=' MArntEws, CANœI, Hrtwooo. KEllRTT. HowE!mrnHG lm. --'::;,":t~ ==-- -...- rJJ (j == ~ ~ ~ ~ ~ N Corporate Services Department PD-2004-20 Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director --- Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 plann ing@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-20, Urban Development Capacities: Niagara Municipalities RECOMMENDATION: It is recommended that this report be received for the infonnation of Council. BACKGROUND: As part ofthe Region's commitment to the Smart Growth approach to development, Regional Staff has prepared two reports to assess the land supply within the existing urban areas of Niagara so that potential development can be clearly understood. The first report, prepared in January 2003, contained preliminary estimates of the capacity of the existing supply of land within urban area boundaries. The subsequent report, 'Urban Development Capacities: Niagara Municipalities, DPD 119-2003', produced revised estimates ofthe development potential based on a completed inventory and on additional development plans. A copy ofthis report was forwarded to the local municipalities for their infonnation. Council requested that City Staff prepare a report regarding the different options presented in DPD 119-2003. Planning Review: The Regional report on 'Urban Development Capacities' provides estimates on the development capacity within the Urban Areas Boundary of Niagara Falls as well as the other local municipalities in Niagara. Development capacities are broken down into residential, commercial, industrial and other (e.g., institutional, recreational). Working Together to Serve Our Community Clerks. Finance. Human Resources. Information Systems. Legal' Planning & Development T ... - ,. T TT February 23, 2004 - 2 - PD-2004-20 Residential Based on the information gathered by the Region, there is a potential of 4,321 residential dwelling units within approved or draft approved plans of subdivisions, those lands zoned for more than three dwelling units or infill opportunities. Those vacant lands that were outside of development plans or designated for residential use by the Municipality were termed "Other Lands". By applying different gross densities per acre, an estimate ofthe number of additional dwelling units was calculated. This is shown on Table 1 A ofDPD 119- 2003, attached as Appendix A. --------------- .-- -- _....------ ---------"--l ,-- - , ! at a gross density of 5 units/acre the development capacity is estimated to be 8867 units L a! a gross- densi~of 8 uni/!;/acæ the development capacity is estimated tobe 11594 unif5- In DPD 119-2003, Regional Staff applies the principles of Smart Growth to provide an estimate of potential development capacity. One ofthe Smart Growth principles suggests that a gross residential density of between 17 and 20 residents per acre is sufficient to support a transit system. This would be attained by applying a gross residential density of eight units per acre across the Region based on a population per household of 2.3-2.5 persons (2001 Census). Regional staff took this principle further by estimating development capacities at a rate of 13 units per acre on the basis that the higher density would make transit even more viable and increase the level of service (see Table 1B ofDPD 119-2003, attached as Appendix B). I ~t a- gross ;~nsJty o;13.units/a~;; t~e dev;;;;/l7ent c~;acity /S est¡fna~ed t;~; 1 ~ 1 ;8u~t~J In addition, the report considers the possibility of intensifying the use of existing residential or commercial buildings as per the Smart Growth principle of utilizing, reinvesting and improving our existing communities. The Additional Redevelopment Potential column of Table lB therefore assumes that the number of possible units through redevelopment would be equivalent to 5% of the existing stock of urban dwellings. I at a. gross density of 13 1ffI...its/i. 'acre PIUS.. a~edeve/op fl)€?IJt caICUlaÙ.io~ of 5'1',0.. .~~isting.~.roa.-..'.". ~-I dwelling stock the development capacity is estimated to be 17,690 units J --...u --. .-- .---- _u.- .. --_..-- The City's Official Plan currently contemplates an overall residential net density of 10 units/acre across community planning districts. Net Density refers to the number of units on blocks or lots of land exclusive of roadways, public parks, schools, etc. The Region's report considers 'gross' density which incorporates all land and thus results in a higher number of built units per acre. The 11,594 units estimated at a gross density of eight units/acre would most closely resemble the Official Plan's vision. The present Official Plan density provisions not only meet the basic density ratio needed to meet the Smart Growth principle of supporting urban transit they also adequately reflect the Municipality's target approach to providing an appropriate mix ofresidential development across the Municipality. Over the years, Niagara Falls has been called upon to vary this target in response to area specific factors such as road layouts, transit routes and perhaps most importantly market demand. The unit projections supplied by the Region can only provide a general idea of potential capacities since a number of factors which directly may ultimately affect development are not considered. February 23, 2004 - 3 - PD-2004-20 The Municipality expressed concern regarding the issue of prescribed densities within the Region's draft Smart Growth Policies through Regional Plan Amendment No. 183. These draft policies were circulated for comments, and although Smart Growth approach to development appeared to be widely supported, City Council, as well as the Councils of neighbouring municipalities, voiced implementation concerns with the policies as drafted specifically identifying the reference to a minimum density provision on a region wide basis. Revised policies are expected to be forwarded to the Municipality for comment subsequent to the Region's current programme of consultation with interested agencies. Staffwill be considering the appropriate density requirements for Niagara Falls in commenting on these revised policies. Commercial According to Tables lA and IB of Report DPD 119-2003 it is estimated that Niagara Falls has more than three times the potential commercial acreage than Fort Erie which has the second highest estimate. Industrial The Regional estimate of potential industrial acreage also shows Niagara Falls as having the highest supply within the Niagara Region. CONCLUSION: Regional Planning report DPD 119-2003 provides an estimate ofthe Urban Development Capacities based on different densities. The report illustrates how capacity can be increased by considering intensification and re-utilization of existing building stock and by increasing overall density provisions as supported through the principles of Smart Growth. The Smart Growth policies of Regional Amendment # 183 are still in the review process and the Municipality will be commenting on the appropriateness of the report's recommended densities through this review. This report is brought to Council for infonnation only. Prepared by: Approved by: L ~. Francesca Berardi Planner 2 Tony Ravenda Executive Director of Corporate Services ~~~ Respectfully submitted: ~Vi\ Ot~ J hn MacDonald hief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development FB:pb S:\PDR\2004\PD2004-20, Urban Dev Capacities.wpd .,..,. TABLE 1 A PoteQtlal~çlé;fit!qlJ~t[)~¥elopment Withfn the U rb~n Areas Boundaries 20.0,0 Option A Residential 5 upa . Plans [Zoned * Other Areas *** Total Potential Dwelling Units Acreaç¡e Dwelling Units*** 8 upa Total Potential Dwellinq Units*** Commercial **** Acreage Fort Erie** 3171 1350 9858 Grimsby 1587 162 2396 Lincoln 1570 267 2907 Niagara Falls 4321 909 8867 Niagara-on-the-Lake 255 468 2596 Pelham** 587 520 2660 Port Colborne 1364 1254 7632 S1. Catharines 6494 73 6860 Thorold 1639 1277 8026 Wainfleet (no urban areas) '. n/a op/a n/a Weiland ** 2833 582 5689 West Lincoln .857 109 1402 Region 24678 .£,973 58893 13861 2882 3710 11594 4001 3824 11393 7080 11858 n/a 7395 , ;1730. 79@25 269 96 37 1483 .82 26 19 214 19ß n/a 156 22 2602 Industrial **** Acreaqe 1128 125 159 2636 310 43 1132 494 850 n/a 1463 231 8571 * Included are plans of subdivision, sites zoned for 3 units or more, scattered lots, and potential redevelopment areas. Some sites may not yet be subject to applicationsfor approval. ** Fort Erie, Pelham and Wellápd have some urban residential acrecage that is likely to occur at unserviced densities. A density of 1 dwelling unitpèracre has been usßd'Jnthesear~?S " ' *** On Residential lands whereJhe dev~JoPI11ßntpÇ>tßr;tWHindwellingl,Jr;t¡ts;has not Þ~ßn determined estimates of the development potential havebeen basêdon £5 ahd8.units to the acre. .' ' **** Some sites may have been o(icupied in 2000, but are expected to be redeveloped because of plant closings or relocated activity. ~ ~ Other **** Acreage 6 4 14 50 3 3 53 41 70 n/a 50 0 295 !¡jOt:::) PJ (') t¡j <..Q rt t:::) CD 0 0'1-' WCDI-' t1 '-D I CON ... a a NW 0 0 'ì-.>, - W :6 ~, iT) ~ ç x '> TABLE 1B Potential Ac::Jc::Jiti()I1.al..D~v~lppmentWJthin th~ UrbanAreasBoundaries 2000 Option~B Additional Residential Redevelopment Total Commercial Industrial Other Plans / Zoned * Other Areas *** Potential **** Potential *** ***** ***** ***** DwelHnq Units Acreaqe Dwellinq Units Dwellinq.Units Acreaqe Acreaqe Acreaqe Fort Erie** 3171 1350 500 21033 269 1128 6 Grimsby 1587 162 350 4041 96 125 4 Lincoln 1570 267 200 5247 37 t59, 14 Niagara Falls 4321 909 1550 17690 1483, 2636 50 Niagara-on-the-Lake 255 468 150 6491 82 310 3 Pelham** 587 520 200 5993 26 43 3 Port Colborne 1364 1254 350 18011 19 1132 53 St. Catharines 6494 73 2800 10246 214 494 41 Thorold 1639 1277 350 18594 198 850 70 Wainfleet (no urban areas) nfa n/a nfa nfa nfa nfa n/a Weiland ** 2833 582 1000 11236 156 1463 50 West Lincoln 857 109 50 2325 22 231 0 Region 24678 6973 7500 120907 2602 8571 295 .. * Included are plans of subdivision, sites zoned for 3 units or more, scattered lots, and potential redevelopment areas. Some sites may not yet be subject to applications for approval. ** Fort Erie, Pelham and Weiland have some urban residential acreage that is likely to occur at unserviced densities. A deh'$.ity of 1 dwelling unitper acre has been.used,in.these areês':=:" *** On Residential lands where the development potential in dwelling units has not been determined estimates of the development potential have, been based on 13 units to the acre, **** Additional redevelopment potential has been based on 5% of the existing stock of dwelling units in the Urban Area ***** Some sites may have been occupied in 2000, but are expected to be redeveloped because of plant closings or relocated activity. tlJotJ PJ () I¡:J LQrttJ (]) 0 t1 I-' Þ ~(1)1-' ~ 1-1 \.0 " I ~ co [\J '- .. a v a X [\J W 0 ~ 0 w ~ ~, ' ~ ,>-,..' / Corporate Services Department F-2004-12 The City of j~ Niagara Falls 'I Canada -ß .-- Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Ken Burden Director Tel: Fax: E-mail: (905) 356-7521 (905) 356-2016 kburden@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Sa1ci and Members ofthe Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-12 - 2004 Municipal Utility Budget Approval RECOMMENDATION: i) That City Council approve the 2004 Municipal Utility Budget, ii) That City Council approve the 2004 water and sanitary sewer rates for consumption and monthly service charges to be effective January 1,2004, iii) That City Council approve the Senior's Rebate program for ratepayers who are age 65 and older and are receiving federal government assistance, and iv) BACKGROUND: As per City Council direction, the 2004 Municipal Utility Budget would be discussed during the regular Council meetings. The 2004 budget process included two discussions. The first discussion (see attached report F-2000-08) was deferred on January 19 to February 2. The February 2 discussion (see attached report F-2000-11) provided more infonnation on the Budget Issues. This report provides a final budget review and recommends approval of the 2004 Municipal Utility Budget and the related recommendations contained in this report. Attached to this report are the final budget financial statements and charts that are referenced in the Updated Budget Issues. Working Together to Serve Our Community Clerk's' Finance. Human Resources' Information Systems. Legal Planning & Development T1 February 23, 2004 - 2 - F-2004-12 UPDA TED BUDGET ISSUES REVENUES CONSUMPTION RATES Staff has reviewed the estimated five year flows for water purchases. The estimated flows remain unchanged. The 2004 water consumption rate would increase from $0.4842 per cubic meter to $0.5137, a 6.1 % increase. This increase includes the 10% increase in the Region's 2004 uniform rate for water purchases. Staff has reviewed the estimated five-year flows for sanitary sewer treatment. The estimated flows remain unchanged. The 2004 sanitary sewer consumption rate would not increase from $0.8911 per cubic meter. This includes the 5% increase in the Region's 2004 uniform rate for wastewater treatment. The 2004 combined consumption rates would increase from $1.3753 per cubic meter to $1.4050, a 2.2% increase. The residential ratepayer who regularly uses 26.7 cubic metres per month would pay an additional $0.79 per month or $9.52 per year. SERVICE RATES The service charges billed through the year are intended to raise adequate revenues to cover the costs incurred by the City to maintain, repair and improve the City's water and sanitary sewer distribution systems. Both Water and Sewer monthly service charges are calculated by dividing the total costs for each of the infrastructure systems by the number of water meters. The calculation also factors the meters according to their size, so that a larger meter has a greater monthly charge than a smaller meter. The number of water meters is based on the history of billings since the installation of residential water meters in 2001. A review of the number of water meters disclosed inaccuracies in both the total quantity of meters and number of meters in each size of meter. Staffhas revised the calculation of monthly service rates as a result of this updated information, From the inception of the metered system, as stated, the City has billed service charges to water customers based on the size ofthe meter used at the property. These factors, wherein ratepayers with large-sized meters pay a higher amount as compared to smaller meters, has been identified as a concern by the City's Chamber of Commerce. Specifically, the Chamber has requested that Council review this method of billing. The Chamber's concern is that the high monthly charge, irrespective of consumption, is a negative impact on local businesses' competitiveness. Staff has reviewed the issue raised by the Chamber and are suggesting that Council consider modifying the billing practices for service charges over a transition period of three years. The modification suggested is to reduce the factors used in the calculation so that after three years, the monthly charge for all meter sizes would be the same. Staff advises that a change to an equal monthly rate for all sizes of meters would result in a shift of these revenues from the industrial and large commercial ratepayers to residential ratepayers. In 2004, this will have the impact of raising the annual service charge costs to the residential ratepayer by $20. February 23, 2004 - 3 - F-2004-12 Chart 'c' shows the change in the combined (water and sewer) monthly service charge that would result from the modification to the factors used in the calculation. Staff has reduced the expenditures in accordance with the Council discussions and public information, as noted in the following information on expenditures. Staff has included the use of the prior year's surplus to supplement the 2004 Revenues which will reduce the 2004 monthly service charge. Staffhas included $390,000 for waterworks and $510,000 for sanitary sewer. Using an equal monthly rate for all sizes of meters the 2004 combined monthly service rate would increase from $26.23 per month to $31.50, a 20.1 % increase. As shown on Chart 'C', residential ratepayers would pay an additional $5.27 per month or $63.24 per year. Ratepayers who have larger meters would experience a decrease in proportion with the size of the meter. EXPENDITURES WAGES AND BENEFITS Staff has reviewed the expenditure for labour to ensure that sufficient budget is included to maintain existing levels of service for both the water and sewer systems. Staff anticipates that wages and benefits will increase by approximately $177,000, or approximately 10.8%. DEBT PRINCIPAL AND INTEREST PAYMENTS Staff has reviewed the expenditure for the payments of interest and principal. These payments are expected to decrease by $996,800.00 due to the retirement of debt that was fully paid in the past year. In the capital program, should any of the water and sanitary sewer projects require debt financing, the servicing of the new debt will begin in 2005. MATERIALS Staffhas reviewed the expenditure for the purchases of supplies, small equipment and services. Staff anticipates that there will be a general increase of 3% in this expense. In addition to existing materials costs, staff is anticipating increased materials expenditures to replace equipment and increase monitoring programs. The total estimated cost for 2004 will increase from $777,480.00 to $896,880.00. CONTRACTED SERVICES Staff has reviewed the expenditure for purchases from external suppliers and contractors. The principal supplier is the Region of Niagara for water filtration and sewage treatment. Staff has been advised that the Region's 2004 uniform rate for water purchases will increase from $0.364 per cubic metre to $0.400; a 10% increase. The Region's 2004 uniform rate for wastewater treatment will also increase from $0.521 per cubic metre to $0.547, a 5% increase. The billing and receipting services, provided by Niagara Falls Hydro, will continue to be paid on a full cost recovery basis. In addition to existing contracted service costs, staff is anticipating increased expenditures for system inspections, leak detection, repairs and rehabilitation programs. The total estimated cost for 2004 will increase by $1,416,000, or approximately 7.7%. February 23, 2004 -4. F-2004-12 RENTS AND FINANCIAL Staff has reviewed the expenditure for Audit Fees, Advertising, Uncollectible Accounts, and the Sewer Rebate Program. The approval of a Senior's rebate program would be included in this type of expenditure. Ratepayers who are 65 or older and are receiving federal government assistance would be entitled to an annual rebate of$100.00. Staff anticipates the Senior's rebate program cost would amount to less than $100,000 including the additional administrative cost. TRANSFER TO OWN FUNDS Staffhas reviewed the expenditure for Transfer to Own Funds. These Transfers provide funding for waterworks and sanitary sewer system infrastructure construction and maintenance. Staff has increased the amount of transfers by 15% (previously 25%) in consideration of City Council's new strategy to increase the amount of expenditures for the rehabilitation of both water and sanitary sewer systems. In addition, staff has utilized the 2004 reduction in principal and interest payments as a further transfer of operating funds to Capital Projects. The total increase in transfers to Own Funds is $1,698,050.00. SUMMARY This report is intended to advise Council ofthe various factors that will impact the 2004 Municipal Utility Budget. The attached final budget financial statements provide a summary of all the Updated Budget Issues in this report. Staff recommends the approval of the 2004 Municipal Utility Budget and the related recommendations contained in this report. Staff suggests that Council consider modifying the billing of service charges as outlined so as to obtain a unified service charge in the 2006 budget year. Staff recommends the approval of the amending bylaw for water and sanitary sewer rates for consumption and monthly service charges, which is prepared for City Council's consideration. Recommended by: Approved by: ~ -J~, K.E. Burden Director of Finance T. Ravenda Executive Director of Corporate Services Recommended by: Respectfully su~ ~~n~d Chief Administrative Officer ~ E. Dujlovic, P Eng. Director of Municipal Works Attach. CITY OF NIAGARA FALLS STATEMENT OF REVENUE AND EXPENSE 2004 MUNICIPAL UTILITY BUDGET WATERWORKS AND SANITARY SEWER 2003 ACTUAL 2003 BUDGET 2004 BUDGET $ CHANGE % CHANGE REVENUE Waterworks System Sanitary Sewer System TOTAL EXPENDITURES Salaries and Wages Employee Benefits Debt Materials Contracted Services Financial and Rent Transfers to Own Funds Internal Transfers TOTAL 12,733,318 14,616,924 $27,350,242 1,363,113 272,623 1,317,539 845,401 16,346,123 154,131 5,575,000 574,344 $26,448,274 12,830,300 14,724,400 $27,554,700 1,436,000 204,570 1,340,700 777,480 18,386,700 197,200 4,675,000 537,050 $27,554,700 14,153,284 15,841,923 $29,995,207 1,514,680 302,936 343,852 896,880 19,802,706 197,200 6,373,050 563,903 $29,995,207 1,322,984 1,117,523 2,440,507 78,680 98,366 (996,848) 119,400 1,416,006 0 1,698,050 26,853 2,440,507 ~-~_.. - -- ._.~-~-~_. 10.3% 7.6% 8.9% 5.5% 48.1% -74.4% 15.4% 7.7% 0.0% 36.3% 5.0% 8.9% NET SURPLUS (DEFICIT) $901,968 $0 ($0) (0) 0.0% .. CITY OF NIAGARA FALLS STATEMENT OF REVENUE AND EXPENSE 2004 MUNICIPAL UTILITY BUDGET WATERWORKS 2003 ACTUAL 2003 BUDGET $ CHANGE 2004 BUDGET % CHANGE REVENUE Waterworks System $12,733,318 $12,830,300 $14,153,284 $1,322,984 10.3% EXPENDITURES Salaries and Wages $964,724 $1,040,950 $1,071,835 $30,885 3.0% Employee Benefits 192,945 148,320 214,367 66,047 44.5% Debt 1,089,869 1,113,020 141,891 (971,129) -87.3% Materials 530,936 500,365 582,835 82,470 16.5% Contracted Services 6,257,563 7,100,645 7,804,206 703,561 9.9% Financial and Rent 55,049 40,000 40,000 0 0.0% Transfers to Own Funds 3,090,000 2,700,000 4,101,800 1,401,800 51.9% Internal Transfers 182,166 187,000 196,350 9,350 5.0% $12,363,252 $12,830,300 $14,153,284 $1,322,984 10.3% NET SURPLUS (DEFICIT) $370,066 $0 ($0) ($0) 0.0% CITY OF NIAGARA FALLS STATEMENT OF REVENUE AND EXPENSE 2004 MUNICIPAL UTILITY BUDGET SANITARY SEWER 2003 ACTUAL 2003 BUDGET $ CHANGE 2004 BUDGET % CHANGE REVENUE Sanitary Sewer System $14,616,924 $14,724,400 $15,841,923 $1,117,523 7.6% EXPENDITURES Salaries and Wages $398,389 $395,050 $442,845 $47,795 12.1% Employee Benefits 79,678 56,250 88,569 32,319 57.5% Debt 227,670 227,680 201,961 (25,719) -11.3% Materials 314,465 277,115 314,045 36,930 13.3% Contracted Services 10,088,560 11,286,055 11,998,500 712,445 6.3% Financial & Rent 99,082 157,200 157,200 0 0.0% Transfers to Own Funds 2,485,000 1,975,000 2,271,250 296,250 15.0% Internal Transfers 392,178 350,050 367,553 17,503 5.0% $14,085,022 $14,724,400 $15,841,923 $1,117,523 7.6% NET SURPLUS (DEFICIT) $531,902 $0 $0 $0 0.0% .. CITY OF NIAGARA FALLS STATEMENT OF REVENUE 2004 MUNICIPAL UTILITY BUDGET REVENUES 2003 ACTUAL 2003 BUDGET $ CHANGE % CHANGE 2004 BUDGET WATER WORKS SYSTEM Metered - Consumption $6,505,821 $6,215,021 $6,777,693 $562,672 9.1% Metered - Services 5,813,646 6,177,499 6,604,667 427,168 6.9% Flat Rated (2004:692accts;2003:925) 252,625 327,917 268,936 (58,981) -18.0% Tank Truck 37,382 34,863 36,988 2,125 6.1% Sundry Services 123,844 75,000 75,000 0 0.0% Transfer from Reserve 0 0 390,000 390,000 ERR $12,733,318 $12,830,300 $14,153,284 $1,322,984 10.3% SANITARY SEWER SYSTEM Metered - Consumption $10,912,470 $11,081,139 $11,216,928 $135,789 1.2% Metered - Services 3,326,582 3,212,409 3,764,750 552,341 17.2% Flat Rated (2004:692accts;2003:925) 305,799 370,852 290,244 (80,608) -21.7% Sewer Lateral Cleaning 37,512 25,000 25,000 0 0.0% Sundry Services 34,561 35,000 35,000 0 0.0% Transfer from Reserve 0 510,000 510,000 ERR $14,616,924 $14,724,400 $15,841,923 $1,117,523 7.6% TOTAL $27,350,242 $27,554,700 $2,440,507 8.9% $29,995,207 CHART 'C' City of Niagara Falls Water/Sewer Rate Structure Calculations Reducing The Current Weighting Factors for Each Meter Size ESTIMATED CHANGE FROM 2003 TO 2004 USING THE CURRENT FACTORS FOR EACH SIZE OF METER 2004 2003 COMBINED SERVICE RATES: Water Rate per month Sewer Rate per month Total Combined Rate per month Increase per month Increase per year $18.67 $11.16 $29.83 $3.60 $43.20 $16.61 $9.62 $26.23 12.4% 16.0% 13.7% ESTIMATED CHANGE FROM 2003 TO 2004 REDUCING THE CURRENT FACTORS FOR EACH SIZE OF METER 2004 2003 COMBINED SERVICE RATES: Water Rate per month Sewer Rate per month Total Combined Rate per month Increase per month Increase per year $19.72 $11.78 $31.50 $5.27 $63.24 $16.61 $9.62 $26.23 18.7% 22.5% 20.1% IMPACT OF REDUCING THE CURRENT FACTORS FOR EACH SIZE OF METER 2004 2003 Monthly Annual Number Combined Combined Increase Increase Meter Size of Meters Rate Rate (Decrease) (Decrease) unmetered 692 $31.50 $26.23 $5.27 $63.24 15mm 23,923 31.50 26.23 5.27 63.24 18mm 485 31.50 26.23 5.27 63.24 25mm 345 31.50 26.23 5.27 63.24 37mm 213 63.00 78.69 (15.69) (188.28) 50mm 272 126.00 157.38 (31.38) (376.56) 75mm 62 252.00 314.76 (62.76) (753.12) 100mm 39 441.00 577.06 (136.06) (1,632.72) 150mm 15 882.00 1,101.66 (219.66) (2,635.92) 200mm 3 1,575.00 1,967.25 (392.25) (4,707.00) .. Corporate Services Department F-2004-11 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Ken Burden Director --- Tel: Fax: E-mail: (905) 356-7521 (905) 356-2016 kburden@city.niagarafalls.on.ca February 2, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-11- 2004 Municipal Utility Budget Discussion RECOMMENDATION: That this report be received for the infonnation of City Council, and That the Municipality give fonnal Notice to the Public that the final Municipal Utility Budget will be considered for approval on February 23, 2004 BACKGROUND: As per City Council direction, the 2004 Municipal Utility Budget will be discussed during the regular Council meetings. The 2004 budget process will include two discussions. The first discussion (see attached report F-2000-08) was deferred on January 19 to February 2. This report provides more infonnation on the Budget Issues. A final budget review and approval of the water sewer rates will occur on February 23. Attached to this report is a draft budget financial statement and charts that are referenced in the Budget Issues. BUDGET ISSUES REVENUES CONSUMPTION RATES The water and sanitary sewer consumption rates fund the expenditures from the Region of Niagara for water filtration and sewer treatment. The water consumption rate is calculated by dividing the total water cost from the Region by the quantity of water billed to ratepayers. Approximately 78% of the total quantity of water purchased from the Region is billable to ratepayers. Chart 'A' shows the calculation that staff uses to compute the water consumption rate. The estimated total water cost is based on a five-year average of actual water purchased multiplied by the Region's 2004 unifonn rate for water purchases. The estimated quantity of water billed to ratepayers is based on the history Working Together to Serve Our Community Clerk's. Finance. Human Resources' Information Systems' Legal' Planning & Development February 2, 2004 - 2 - F-2004-11 of billings since the start of residential water metering in 2001. The 2004 water consumption rate would increase from $0.4842 per cubic meter to $0.5137, a 6.1 % increase. This increase includes the 10% increase in the Region's 2004 uniform rate for water purchases. The sanitary sewer consumption rate is calculated by dividing the total sewer treatment cost from the Region of Niagara by the quantity ofwater billed to ratepayers where sewer services are provided (some ratepayers in the City do not receive sanitary sewer service). Chart 'A' shows the calculation that staff uses to compute the sanitary sewer consumption rate. The estimated total sanitary sewer cost is based on a fIVe-year average of actual sewer treated, multiplied by the Region's 2004 uniform rate for wastewater treatment. The estimated quantity of sewer billed to ratepayers is based on the history of billings since the start of residential water metering in 2001. The 2004 sanitary sewer consumption rate would not increase from $0.8911 per cubic meter. This includes the 5% increase in the Region's 2004 uniform rate for wastewater treatment. The 2004 combined consumption rates would increase from $1.3753 per cubic meter to $1.4050, a 2.2% increase. As shown on Chart 'A', the residential ratepayer who regularly uses 26.7 cubic metres per month would pay an additional $0.79 per month or $9.52 per year. Staffhas received requests to adjust the sanitary sewer consumption rate during the summer season. The request would reduce the sanitary sewer consumption rate to recognize the use of water for watering lawns and gardens, and for filling and maintaining water levels in swimming pools. Staff advises that a summer reduction in the sanitary sewer consumption rate would in effect cause the non-summer rate to increase sufficiently to collect enough revenues to pay the Region of Niagara. SERVICE RATES Service Rates fund the costs to maintain the waterworks and sanitary sewer systems. These costs are primarily a maintenance function (hard services), but such items as billing and collection (soft services) are included. Both Water and Sewer service rates are calculated by dividing the total costs for each of the infrastructure systems by the number of water meters. Chart 'B' shows the calculation that staffuses to compute the water service rate. The estimated total waterworks system cost includes the estimated costs for labour, materials, contracted services, rents and financial expense, principal and interest payments on debt, transfer to own funds, and internal rents. The number of water meters is based on the history of billings since the start ofresidential water metering in 2001. The 2004 water service rate would increase from $16.61 per month to $19.43, a 17.0% increase. This increase includes all ofthe changes to waterworks system costs as highlighted in the Expenditures section of this report. Chart 'B' shows the calculation that staff uses to compute the sanitary sewer service rate. The estimated total sanitary sewer system cost includes the estimated costs for labour, materials, contracted services, rents and financial expense, principal and interest payments on debt, transfer to own funds and internal rents. The number of water meters is based on the history of billings since the start of residential water metering in 2001. The 2004 sanitary sewer service rate would increase from $9.62 per month to $12.65, a 31.5% increase. This increase includes all of the changes to sewer system costs as highlighted in the Expenditures section of this report. The 2004 combined service rates would increase from $26.23 per month to $32.08, a 22.3% increase. As shown on Chart 'B', the residential ratepayer would pay an additional $5.85 per month or $70.20 per year. r1 February 2, 2004 - 3 - F-2004-11 EXPEND ITURES WAGES AND BENEFITS Staff anticipates that wages will be incremented by the contractual increase per the CUPE Agreement for 2004. The contractual increase will add approximately 3% or $43,854.00. Staffis reviewing the expenditure for labour to ensure that sufficient budget is included to maintain existing levels of service for both the water and sewer systems. Staff anticipates that benefit costs will increase by approximately 31 % or $63,417.00. The increase will result mainly from the significant increase in the City's contributions to OMERS for employees. DEBT PRINCIPAL AND INTEREST PAYMENTS The 2004 charges for the payments ofinterest and principal are expected to decrease by $996,848.00 due to the retirement of debt that was fully paid in the past year. In the capital program, should any of the water and sanitary sewer projects require debt financing, the servicing of the new debt will begin in 2005. MATERIALS The materials budget includes the estimated costs for the purchases of supplies, small equipment and services. Staff anticipates that there will be a general increase of3% in this expense. In addition to existing materials costs, staff is anticipating increased materials expenditures to replace equipment and increase monitoring programs. The total estimated cost for 2004 will increase from $777,480,00 to $896,880.00. CONTRACTED SERVICES Services purchased from external suppliers and contractors are recorded in the Contracted Services Budget. The principal supplier is the Region of Niagara for water filtration and sewage treatment. Staff has been advised that the Region's 2004 unifonn rate for water purchases will increase from $0.364 per cubic metre to $OAOO; a lO%increase. The Region's 2004 unifonn rate for wastewater treatment will also increase from $0.521 per cubic metre to $0.547, a 5% increase. In addition to existing contracted service costs, staff is anticipating increased expenditures for system inspections, leak detection, repairs and rehabilitation programs. The billing and receipting services, provided by Niagara Falls Hydro, will continue to be paid on a full cost recovery basis. Staff is currently reviewing the services provided and the costs associated with the billing and receipting services done by Niagara Falls Hydro. Staff has received requests to separate the water/sewer billing trom the electricity billing. This request is also under review by both City and Niagara Falls Hydro staff. The total estimated cost for 2004 will increase trom $18,386,700,00 to $19,900,861.00. RENTS AND FINANCIAL The Rents and Financial budget sheet also makes provision for Uncollectible Accounts and the Sewer Rebate Program. Staff anticipates no increase will occur for this expenditure. February 2, 2004 -4- F-2004-11 TRANSFER TO OWN FUNDS Transfer to Own Funds reports what Staff has in the past refelTed to as Contribution to Capital Projects. These Transfers provide funding for waterworks and sanitary sewer system infrastructure construction and maintenance. Staff has increased the amount of transfers by 25% in consideration of City Council's new strategy to increase the amount of expenditures for the rehabilitation of both water and sanitary sewer systems. In addition, staff has utilized the 2004 reduction in principal and interest payments as a further transfer of operating funds to Capital Projects. The total increase in transfers to Own Funds is $2,165,550.00. Summary This report is intended to infonn Council ofthe various factors that will impact the 2004 Municipal Utility Budget. The attached draft budget financial statement provides a summary of all the Budget Issues in this report. City Council's direction on any of the above Budget Issues will be addressed and included as part of the final Municipal Utility Budget presented on February:~},2004. Recommended by: Respectfully submitted: ~ 1fJJn~ ~/ John MacDonald TU' Chief Administrative Officer K.E. Burden Director of Finance Recommended by: {£L E. Dujlovic, P Eng. Director of Municipal Works - Approved by: -:JW T. Ravenda Executive Director of Corporate Services Attach. CHART A 21 20 19 18 VI Q) t~17 ::E .2 u == 16 :ë::E ::J () 15 14 13 12 2003 2001 2002 2000 1999 1998 Year CALCULATION FOR WATER CONSUMPTION RATE: Five Year Averaae of Actual Water Purchased from Region of Niaaara History of Water Billed to City Ratepayers * Region's 2004 Uniform Rate for Water Purchases 24 22 :ß 20 -t; ê 18 ~ .2 0 == 16 :ë~ ::J () 14 12 10 2003 2002 2001 2000 . 1999 Year CALCULATION FOR SEWER CONSUMPTION RATE: Five Year A veraae of Actual Sewer Treated bv Region of Niaaara History of Sewer Billed to City Ratepayers * Region's 2004 Uniform Rate for Sewer Treatment COMBINED CONSUMPTION RATE: Combined Avg.Usage Cost Cost Water Rate Plus Sewer Rate Rate Per Mo. Per Month Per Year For 2004 $0.5137 + $0.8911 = $1.4050 26.7 $37.51 $450.16 For 2003 $0.4842 + $0.8911 = $1.3753 26.7 $36.72 $440.65 Increase $0.0297 $0.79 $9.52 Water Purchased -II- Water Billed -+- = Water Consumption Rate Sewer Treated -II- Sewer Billed -+- 1998 = Sewer Consumption Rate CHART B Service Rate: 2004 2003 Change WATER: Expenditures: Salaries and Wages $1,072,180 $1,040,950 3.0% WSIB, Health, Safety, Wellness $60,085 $60,115 -0.0% Employee Benefits 194,161 148,320 30.9% Long Term Debt Interest 47,074 80,350 -41.4% Materials 522,750 440,250 18.7% Contracted Services 912,613 701,213 30.1% Financial Expenses 40,000 40,000 0.0% Long Term Debt Principal 94,817 1,032,670 -90.8% Transfers to Own Funds 4,371,800 2,700,000 61.9% Internal Transfers 187,000 187,000 0.0% $7,502,480 $6,430,868 16.7% Less: Tank Truck (72,OOOcm) Revenue 34,863 34,863 0.0% Sundry Revenue 75,000 75,000 0.0% $109,863 $109,863 0.0% Net Service Expenditures $7,392,617 $6,321,005 17.0% Weighted Number of Customer Accounts 31,706 31,706 0.0% Monthly Service Rate (including 5% late charge) $20.45 $17.49 17.0% Monthly Service Rate $19.43 $16.61 17.0% Estimated Billable Revenue $7,392,617 $6,321,005 17.0% SEWER: Expenditures: Salaries and Wages $407,674 $395,050 3.2% WSIB, Health, Safety, Wellness $22,845 $22,815 0.1% Employee Benefits $73,826 $56,250 31.2% Long Term Debt Interest $51,858 $63,250 -18.0% Materials $291,200 $254,300 14.5% Contracted Services $682,155 $98,155 595.0% Financial Expenses $157,200 $157,200 0.0% Long Term Debt Principal $150,103 $164,430 -8,7% Transfers to Own Funds $2,468,750 $1,975,000 25.0% Internal Transfers $350,050 $350,050 0.0% $4,655,661 $3,536,500 31.6% Less: Sewer Lateral Cleaning 25,000 25,000 0.0% Sundry Revenue 35,000 35,000 0.0% $60,000 $60,000 0.0% Net Service Expenditures $4,595,661 $3,476,500 32.2% Weighted Number of Customer Accounts 30,270 30,121 0.5% Monthly Service Rate (including 5% late charge) $13.32 $10.12 31.5% Monthly Service Rate $12.65 $9.62 31.5% Estimated Billable Revenue $4,595,661 $3,476,500 32.2% Sewer Rate percentage of Water Rate 65.11% 57.89% 12.5% COMBINED SERVICE RATES: Water Rate per month $19.43 $16.61 17.0% Sewer Rate per month $12.65 $9.62 31.5% Total Combined Rate per month $32.08 $26.23 22.3% Increase per month $5.85 Increase per year ~J70.20 T> CITY OF NIAGARA FALLS STATEMENT OF REVENUE AND EXPENSE 2004 MUNICIPAL UTILITY BUDGET WATERWORKS AND SANITARY SEWER 2003 2004 $ % BUDGET BUDGET CHANGE CHANGE REVENUE Waterworks System 12,830,300 14,394,073 1.563,773 12.2% Sanitary Sewer System 14,724,400 16,070,161 1,345,761 9.1% TOTAL $27,554,700 $30,464,234 2,909,534 10.6% EXPENDITURES Salaries and Wages 1,436,000 1,479,854 43,854 3.1% Employee Benefits 204,570 267,987 63,417 31.0% Debt 1,340,700 343,852 (996,848) -74.4% Materials 777,480 896,880 119,400 15.4% Contracted Services 18,386,700 19,900,861 1,514,161 8.2% Financial and Rent 197,200 197,200 0 0.0% Transfers to Own Funds 4,675,000 6,840,550 2,165,550 46.3% Internal Transfers 537,050 537,050 0 0.0% TOTAL $27,554.700 $30,464,234 2,909,534 10.6% NET SURPLUS (DEFICIT) $0 $0 (0) 0.0% Corporate Services Department F .2004.()8 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls. ON L2E 6X5 web site: www.clty.niagarafalls.on.ca Ken Burden Director ..".....- Tel: Fax: E-mail: (905) 356.7521 (905) 356-2016 kburden@city.niagarafalls.on.ca January 19,2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-08 - 2004 Municipal Utility Budget Discussion RECOMMENDATION: For the infonnation of City Council. BACKGROUND: As per City Council direction, the 2004 Municipal Utility Budget will be discussed during the regular Council meetings. The 2004 budget process will include two discussions, the first on January 19 and a second on February 2. A final budget review and approval of the water sewer rates will occur on February 23. Attached to this report are two pie diagrams which indicate where the municipal utility dollar comes from and where it is being spent. BUDGET ISSUES REVENUES CONSUMPTION RATES The water and sanitary sewer consumption rates fund the expenditures from the Region for water filtration and sewer treatment. The water consumption rate is calculated by dividing the total water cost from the Region by the quantity of water billed to ratepayers. Approximately 24% of the total quantity of water purchased from the Region is considered to be unaccounted- for-water, which is included in the total cost of water. Working Together to Serve Our Community Clerk's' Finance. Human Resources' Information Systems. Legal. Planning & Development r. '. January 19,2004 - 2 - F-2004-08 . The sewer consumption rate is calculated by dividing the total sewer treatment cost from the Region by the quantity of water billed to ratepayers where sewer services are provided (some customers in the City do not receive sewer service). Approximately 62% of the total quantity of sewer treated by the Region is considered to be infiltration, which is included in the total cost of sewer treatment. Staff has received requests to adjust the sewer consumption rate during the summer season. The request would reduce the sewer consumption rate to recognize the use of water for watering lawns and gardens, and for filling and maintaining water levels in swimming pools. Staff advise that a summer reduction in the sewer consumption rate would in effect cause the non-sunnner rate to Increase. SERVICE RATES Service Rates fund the costs to maintain the watelWorks and sanitary sewer systems. These costs are primarily a maintenance function (hard services), but such items as billing and collection (soft services) are included. Both Water and Sewer service rates are calculated by dividing the total costs by the number of water meters. EXPENDITURES WAGES AND BENEFITS Staff anticipates that wages will be incremehted by the contractual increase per the CUPE Agreement for 2004. Staff is reviewing the expenditUre for labour to ensure that sufficient budget is included to maintain existing levels of service for both the water and sewer systems. Staff anticipates that benefit costs will increase by approximately 31 %. The increase will result mainly ITom the significant increase in the City's contributions to OMERS for employees, DEBT PRINCIPAL AND INTEREST PAYMENTS The 2004 charges for the payments of interest and principal are expected to decrease slightly due to the retirement of debt that was fully paid in the past year. In the capital program, should any of the water and sanitary sewer projects require debt financing, the servicing of the new debt will begin in 2005. MATERIALS The materials budget includes the estimated costs for the purchases of supplies, small equipment and services. Staff anticipates that there will be a general increase of 3 % in this expense. CONTRACTED SERVICES Services purchased from external suppliers and contractors are recorded in the Contracted Services Budget. The principal supplier is the Region of Niagara for water filtration and sewage treatment. Staff has been advised that the Region expects the rate per cubic meter to be increased by 10% for water filtration and 5% for sewage treatment. January 19, 2004 - 3 - F-2004.08 RENTS AND FINANCIAL The billing and receipting services, provided by Niagara Falls Hydro, will continue to be paid on a full cost recovery basis. Staff is currently reviewing the services provided and the costs associated with the billing and receipting services done by Niagara Falls Hydro. The Rents and Financial budget sheet also makes provision for Audit Fees, Advertising, Uncollectible Accounts, and the Sewer Rebate Program. Staff anticipates that a general increase of 3% will occur for this expenditure. TRANSFER TO OWN FUNDS Transfer to Own Funds reports what Staff has in the past referred to as Contribution to Capital Projects. These Transfers provide funding for waterworks and sanitary sewer system inftastructure construction and maintenance. Staff is reviewing the amount of transfers in consideration of City Council's new strategy to increase the amount of expenditures for the rehabilitatiòiiofboth water and sanitary sewer systems. ' Summary This report is intended to infonu Council of the various factors that will impact the 2004 Municipal Utility Budget. This report will also serve as the starting point in which Council's direction on any of the above factors will be addressed and included as part of the final utility budget presented on February 23, 2004. . ~-J . Respectfully submitted: lua~ Recommended by: KE. Burden Director of Finance John MacDonald Chief Administrative Officer £~ E. Dujlovic, P Eng. Director of Municipal Works Approved by: JW~ T. Ravenda Executive Director of Corporate Services Attach. w .. 2003 MUNICIPAL UTILITY REVENLJE BUDGET Sewer - service Sewer - other charges 2% 12% Water - consumption ¡".' 23% Sewer - consumption 39% Water - service charges 22% Water - other 2% 2003 MUNICIPAL UTILITY EXPENDITURES BUDGET Debt Other Transfers to capital - sewer Inter-departmental services 5% 1 % 7% 2% Water purchases (Region) 23% Transfers to capital - water 10% Billing ¡~nd collection .2% Wages and benefits 6% Materials 2% Sewer treatment (Region) 42% + Canadian Red Cross ÀC~OSS THE WORlD. -- ÀCP-..oSS THE STR..EET. \oJhen help is needed. The Red Cross. Croix-Rouge canadienne January 28, 2004. The Honourable Ted Salsi, City of Niagara Falls, 4310 Queen St., Niagara Falls, ON L2E 6X5 Dear Mayor Salsi: MarcIL is Red Cross Month and, on behalf of the Canadian Red Cross, Niagara Area branches, I would like to request your support for our campaign through an official proclamation. I have attached a template proclamation for your review and will contact you by February 16, 2004 to answer any questions you may have. We would also like to request that the City of Niagara Falls make this proclamation in conjunction with a flag raising ceremony. Red Cross would be pleased to supply a flag to be flown for the month of March on a City of Niagara Falls flag post. Our goal during March is to raise awareness of the services Red Cross provides~ not only around the world, but in each and every Canadian community we serve. Across Canada, the Red Cross offers many valuable community services including Disaster response, Transportation Services and RespectED~ Violence and Abuse Prevention Education. When disaster strikes, Red Cross staff and volunteers leap to action to help those affected. In the aftermath of a house fire, flood, tornado, storm or any other emergency, Red Cross is there to provide for basic needs including food, shelter and clothing. This March, we want Canadians to get to know us better. With your help, more Canadians will understand what their Red Cross can do for them. ~¿~ Denise Stone District Branch Manager Niagara Area Branches Thank you in advance for your support. I would be pleased to provide you with more information or discuss the proclamation or flag-raising ceremony with you in person. I can be reached at 905-704-0206 or 905-945-8658. ~/- .. ~. ,-~;, )-, Sincerely. f~>~ i. -- ! -!J ~ ;(C) RECEIVED ~ ( FEB 0 ¡ 2004 "~()R1S OFFice PLANNiNG MEETING ------ ~ DS/ck Niagara Area Branches, 3280 Schmon Parkway, Thorold, Ontario, Canada L2V4Y6 Telephone: (905) 704-0206 or (905) 945-8658 Fax: (905) 704-0820 Charitable Registration Number - 119219814RROOOl ,~,' ~~ -J3a/;-/J1AMÅ~ to I n . March is Red Cross Month 2004 Anywhere. Anytime. Red Cross Proclamatio n Whereas, the Canadian Red Cross Society has been engaged in preventing and alleviating human suffering across Canada and around the world, and Whereas, the Canadian Red Cross Society has helped thousands of Canadians through its Disaster Relief and Community Services, including our own citizens of (City/Town), and Whereas, the Canadian Red Cross Society is a reflection of the Canadian spirit of generosity, caring and selflessness, Therefore, I (Name, Title) of(Cityffown) hereby proc1aim March 2004 as Red Cross Month here in (City/Town). I also urge all residents of (City/Town) to support The Canadian Red Cross Society and our community by regularly volunteering their time or by financially supporting Red Cross programs, across the world and across the street. In witness whereof, I have herewith set my hand and caused the great seal of (City/Town) to be affixed, ~OntariO Pharmacists' /1ssociation Re: Proclamation Request 23 Lesmill Road, Suite 301 Don Mills, ON M3B 3P6 Telephone (416) 441-0788 Fax (416) 441-0791 www.opatoday.com December 17, 2003 The City of Niagara Falls City Hall Box 1023 Niagara Falls, ON L2E 6X5 Dear Sir or Madam: The Ontario Pharmacists' Association is requesting to apply for a proclamation that would permit March 1- 7, 2004, to be proclaimed Pharmacy Awareness Week. This year's Pharmacy Awareness Week (PAW) theme is -Make the Most of Your Medicine- Talk to Your Pharmacistt'o During PAW, pharmacists throughout the province (including in your city) will highlight for patients the many ways pharmadsts help them enjoy better health every day. Pharmacists have a variety of resources at their disposal, including a Smoking Cessation Program, and the Seniors' Safe Medication Use and Children's Safe Medication Use presentations. Pharmacists have a wealth of information to share and they make a positive contribution to the health and.well being of your constituents every day. As the most accessible health care provider, pharmadsts consistently provide an array of services, saving the health care system valuable resources. We are confident you will agree that pharmacists are a valuable part of a strong community. We hope you will support PAW 2004 by proclaiming the week of March 1- 7, 2004, Pharmacy Awareness Week in your city/town. Please contact me at (416) 441-0788, ext. 4231 with any questions, or to request further information. Yours very truly, Ontario Pharmacists' Association .. Y... ~"k ~~rane Manager, Communications PLANNING MEETlNG~E~~.~~ ,2004 . .-. .. Ontario Pharmacists' Association Proclamation Pharmacy Awareness Week 2004 Whereas the Ontario Phannacists' Association is proclaiming March 1 - 7, 2004 as Pharmacy Awareness Week; And Whereas this year's provincial theme for Phannacy Awareness Week (PAW) is Make the Most 01 Your Medicine. Talk to Your Pharmacist; And Whereas pharmacists are consistenUy ranked as one of the most trusted and respected professionals in our health care system, making important contributions to the health of Ontarians; And Whereas phannacists provide valuable front-line services, including programs such as medication reviews, antibiotic awareness programs, seniors' safe medication programs, children's safe medication programs, and smoking cessation services, to help promote and maintain our health; And Whereas during Phannacy Awareness Week pharmacists across Ontario, inCluding pharmacists in The City of Niagara Falls will promote the many ways that pharmacists help the people of Ontario live healthy lives through medication counselling, disease management, and health education. Therefore be it resolved that The City of Niagara Falls proclaims March 1- 7, 2004 as Pharmacy Awareness Week. Mr. Vie Pépin 6491 Level Avenue Niagara Falls ON L2G 4B6 Niagara Falls, Wednesday February 11 th, 2004 Mr. Ted Salci Mayor of Niagara Falls Niagara Falls ON Dear Mr. Salci, As an active member of the French community of Niagara Falls, please accept this letter ./: L~6BkJ as a formal request to hoist the Franco-Ontarian flag at City Hall on March 11 t\ 2004 at ¡J"" 11 :00 am. The raising of our flag would symbolize the official opening of "Le rendez-vous de la francophonie" a celebration of our French language and culture. During this time we gather, as Franco-Ontarians, to celebrate a multitude of cultural activities that enrich our lives. The raising ofthe Franco-Ontarian flag also symbolises the solidarity that we, as Franco-Ontarians, enjoy. As discussed with Cathy and Teresa from your office this time has been requested in order to ensure the availability and participation of the students from our three local French elementary schools namely, Notre-Dame-de-Ia-Jeunesse, Saint-Antoine and LaMarsh. Should you require further information, please do not hesitate to contact me. y ours trulY,~' ~~ Mr,~ Citizen, Niagara Falls (905) 356-9517 office (905) 658-1520 cell VP/jpp PLANNING MEEllNGFEB 2 3 2004 -.--.-- ~."-< <t.. fI --- Corporate Services Department L-2004-10 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca R. O. Kallio City Solicitor Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-10 1546952 Ontario Limited purchase from The Corporation of the City of Niagara Falls - Part 4 on 59R-12261 Our File No. 2004-50 RECOMMENDATION: 1. That Part 4 on 59R-12261 located south of Weinbrenner Road and east of Sodom Road, shown hatched on the Reference Plan attached as Schedule "A" (Part 4), be declared surplus and offered for sale to the abutting owner, 1546952 Ontario Limited, for fair market value. 2. That this will constitute notice to the public with respect to the proposed sale of Part 4 on 59R-12261 shown hatched on Schedule "A" attached, to the abutting owner, 1546952 Ontario Limited and same will be considered by Council at its meeting of March 8, 2004, in the Council Chambers at 6:00 p.m. The contact person is the writer of this report. 3. That a road widening, being Part 3 on 59R-12261 located south ofWeinbrenner Road and east of Sod om Road shown shaded on the Reference Plan attached as Schedule "A" (Part 3), be established as a public highway, to be known as and to form part ofWeinbrenner Road. BACKGROUND: Report R-2003-83, a copy of which is attached as Appendix "1" was presented to Council on December 8, 2003 authorizing Staff to proceed with entering into an Encroachment Agreement with 1546952 Ontario Limited for Parts 3 and 4, in order for 1546952 Ontario Limited to have a buffer Working Together to Serve Our Community Clerks. Finance' Human Resources. Information Systems' Legal' Planning & Development T1 February 23, 2004 -2- L-2004-10 from the sports complex to the east of its lands. The Encroachment Agreement had an option to purchase Part 4, which could be exercised by 1546952 Ontario Limited until September 30, 2008. On February 4,2004, 1546952 Ontario Limited exercised its option to purchase and delivered an Option Notice to the City together with a deposit in the amount of $1 ,000.00. An appraisal was ordered by 1546952 Ontario Limited to establish a purchase price at the time the Encroachment Agreement was entered into. The appraisal was prepared by Regional Appraisals Inc., dated November 12, 2003, a copy of excerpts from the appraisal are attached as Appendix "2". The Appraisal included both Parts 3 and 4, being 2,203 square feet, which at $1.78 per square foot calculates to $3,921.00. However the City will want to retain Part 3 for a road widening to form part ofWeinbrenner Road. Therefore 1546952 Ontario Limited will only be purchasing Part 4 which calculates to $3,745.00. Staffhas no objections to conveying Part 4 and recommends that same be sold to 1546952 Ontario Limited. Staff is further recommending that upon the completion of the sale of Part 4 and the registration of a Release of the Encroachment Agreement over Parts 3 and 4, Part 3 will then be dedicated as a public highway to be known as and to form part of Weinbrenner Road. . Prepr: / ~..~.. M one Law C k Respectfully submitted: ð:!:~:~ Chief Administrative Officer by: A7~. T. Ravenda Executive Director of Corporate Services MM/lb attachs. --- 0 « ,i¡'O ~. a::: :,:: iii " ~ ~ -,' ~ ,;;' ~ " t .0 ~ § 'D .. :~ 5 ;~ i I ! ¡ ~. i " ~~ ~ ~ ( ¡ -, ~ ¡; ;:¡; ~ '" 0 '5-0 0 If) i [ - - <:( - - W --I ::> 0 w ::r: () en ----------------------------------U1'^"i --"",. ~:::-::-=fZ,\?~IL --"'~---::;';-:--j-;¡~;;':~"~:Ir-tAN59R-)"~;\ r.rt:f~~-:l~::':':^'--;:'-~'--l~,:~AA~;~"q~- .' "M',""',.',"',',""'" ,.~,'.;,;".;5-,m.. '.~,..~."" ,~ ¡~';1', -"'-"~'"'-'-- _,:,:~AA~."" -;f:?;::.~'4'.J:fo:~~ - ~u,..~f¡r-, """"'.~"""'."'1ON' ~ú'-,-\- -~ ._..'::'~~-=- :":u':""'~~~~~~~t. """,,"-.-'WEINBRENNER "_",,.~,.,""""""'~"" ROAD .-./ ,o'>":¡::;,."t""" "",-"".""" ./-."'-""""~' ((~o , N.""""" PART 2 oon. I- Ir -< Q. \ \ L.(j'\' "......",-..-,~,n ----------.---.------ ---....----.---.-- -- -----..-- -----".... M"_'_""- -,- F'A(r 1, r'l AN 591,--12160 $\11\.\, C \\\p f\,O ~'; \"1'-) [--~.....u.....,., .J.,. '~~~.'.-._,,*.,r.rx--' "7'-,. ..,." ~~[~:-( ,0\' ~' I ::~f~: ' I~~"¡¡' I - li;{, ,~~,B, :~~~~: ~_U';~:'f~:7;-w;,"--:';; ---------- ---.----------. ------- --.----ii.-------- ----'-_u "." """""',"'1 .I "'".~.:~' ._-_.._~;:"""----. J4,. ;~~ : ,d) r-1 . ."c.,c;\O ~ (~o~c.tJ$\' ; - I ". , PAIIT ,. PIAN 59f1 Ill! 'P G\ ("' -\ Lf ..C".) \J C\~. \) '{ \N \\~ ¡"ART6,"TAN.'91/.1", /i II / / / / II / / - @R, i:i fi~~~~~:~~~o~~~ ,'~~,~~~";':" -~!:.èRI.Ç" NQ!f ""'~'~""""'m""""'~'_"m" '.CO""" " nn ~ """",, '" ,.." '----""'~~'WM,"M"""'W'",'-~".""'- " a¡AHm¡L~Q{t, "~.,,,,^,""'."'«""".,^"'."O""."""." ::,.;.~.~,::,:::;"~"g._...,,~~, ",..,"..~. Ü:\illi[¡---- --_. .---.----- [ ~.. ~--~~ I !~ ~:" ~It~ ;:' :<::... .-' :=,~~::::!:,.""::~'1".~_.,-,. -',~_L'-""'J_~--"'-'-~=J=-""- ~AA ~ ~..'.' PAR I Of LOT 20, CONCESSION 2 ("'OGOAPllie TOWNSHIP or WILLOUGHHY) CITY OF NIAGARA FAlLS ",",,'"^' MIJI<ICII'ALlIY or HIM;AHA "'l<~,"""'.."",' ,.""TO""""""" ¡.,.- .-!---.--" -.. """,- "..., s\¡¡¡Y.ri;iR-'~,.çEß]J,-,ç~!( --------- ~.i'~?~'~~:~~~:~~,':f~:~.~,f .~~~ } .,..,-"=.". 'S!dÞ-,l'r:;¡,¡,"æ" - ."" - ,:;',',X,j;,~,';;",~':; MA TiíiiwS. _HE1Wooo, KoRYT.HoIltSIJ\'mIG l in. ~...-...........-"",,_..- ._"" "=",- ~-~ -"".. ---- ':'-~;~ '", ,. .;,; ,.,,;,;:;;; f1 ,~ Community Services Department R-2003-83 Parks, Recreation & Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Adele Kon Director = ---- - -- Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 akon@city.niagarafalls.on.ca The recommendation(s) contained in this report were adopted by City Council - - December 8, 2003 >< - £:) Z w a.. a.. « His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2003-83 - Encroachment and Option Agreement RECOMMENDATION: That the City enter into an Encroachment and Option Agreement with 1546952 Ontario Limited for Parts 3 and 4 of Reference Plan 59R -12261, Part of Lot 20 Concession 2, City of Niagara Falls. BACKGROUND: The subject property (see attached) is located at the corner of Sod om and Weinbrenner Roads and is adjacent to the Chippawa Willoughby Memorial Arena, At the time that the corner property was sold, a title search revealed that the back part ofthe fence was encroaching approximately 10 feet onto City property. The new owners of the property are constructing a condominium development and have requested an encroachment agreement in order to maintain the City property. In their opinion, the additional property is required in order to provide a buffer from the sports complex. The property is 2,203 square feet in size and the appraisal conducted by Regional Appraisals Inc. indicates a market value of $1.78 per square foot. Staff has agreed to enter into an interim encroachment agreement with an option to purchase the property within five (5) years for the appraised value of $3,921, ($1,78 per square foot x 2230 feet), If, however, the applicant does not purchase the property within five (5) years then the encroachment agreement will expire. :£ Respectfully submitted: el on Director of Parks, Recreation & Culture f. (&IvIlv WJohn MacDonald Chief Administrative Officer AK/das Attachment S:\Council\Council 2003\R-2003-83 Encroachment & Option Agreementwpd Working Together to Serve Our Community Municipal Works. Fire Services. Parks, Recreation & Culture' Business Development. Building & By-Law Services . , } I (, JI[JJ] 'M.I.OUGIIY .::-- - -- -- -- 7 -----= ~---- ~------RECREATIO LEGENr A ExIsting Arena B Proposed Ice Pad . C Proposed Practiœ Ice Pad D Proposed ExterIOr W~room FacllitlesrStol'agE E Proposed Splash Pad F Proposed Playground G Proposed PIcnIc Ar9a H Proposed Skate Park Facility I Proposed SJo.pI.ch Diamonds (350' Foul Unes) J Proposed U SJo.p/tch Diamonds (350' Foul Un K Proposed Parking . l Proposed Fenced Dog Run & Parking M Proposed WasIvoomlMaJntenanoe Building TRAFFIC CALMING LEGEND 1 Proposed CUrb Extensions 2 Proposed RaIsed Crosswalk 3 Proposed P-bf CrosswaIt AREA OF ENCROACHMENT CONDOMINIUM DEVELOPMENT ~.. ~ PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX MASTER PLAN ~.~~ SOOOII rf ;;: t.. Â, IWÞ. ~'11011" <U.1IÆ ~~~ RQfÐ n ~- .. - - OPINION OF VALUE c-1 Parts 3 and 4 of Reference Plan 59R-12261 Part of Lot 20, Concession 2 (Sodom Road) City of Niagara Falls - - November 12,2003 x - 0 Z LJJ d. 4- e:( EFFECTIVE DATE SUBJECT PROPERTY Parts 3 and 4 of Reference Plan 59R-12261 Part of Lot 20, CONCESSION 2 Sodom Road in theCity of Niagara Falls A Vacant Unimproved Site REPORT PREPARED FOR Mr. Bill Walters REPORT PREPARED BY ,.'-.i.. REGIONAL APPRAISALS INC. 5652 MAIN STREET NIAGARA FALLS, ONTARIO L2G 4Z4 John A. Corney Associate Appraiser I I I I I I I I I I I I I November 12,2003 Mr. Bill Walters Re: Opinion of Value Vacant Land Sodom Road Niagara Falls, Ont. Re: APPRAISAL REPORT OF Parts 3 and 4 Reference Plan 59R-12261 Part of Lot 20, Concession 2 City of Niagara Falls Dear Mr. Walters As requested, an appraisal report has been prepared to estimate the market value of the above referenced property, with respect to purchasing the property from the City of Niagara Falls. A personal inspection was completed on November 10, 2003 and an analysis of all factors considered pertinent to the valuation has been completed. All of the analysis may not be included in the narration of this report. The estimated market value is subject to the attached "Assumptions and Limiting Conditions". Please take special note of LIMITING CONDITION #8. As of the EFFECTIVE DATE of November 12,2003, it is my opinion that the ESTIMATED RETROSPECTIVE MARKET V ALUE of the SUBJECT PROPERTY, as raw undeveloped and non-buildableland, was: Three Thousand Nine Hundred and Twenty One ($3,921.00) DOLLARS Respectfully submitted REGIONAL APPRAISALS INC. (::tJ!!-. Com e~ Associate Appraiser vl-.~ Kevin Maves, CRA Review Appraiser 2 . .. I I I I I I I I I Comparable Sales Sale # 1 Sale # 2 Address Sodom Road E/S Pt.Lt. 22 con. 2 Is Niagara Falls (WeIland Street) Niagara Falls Sale Date May 2003 July 2001 Sale Price $219,000.00 $17,500,00 Size 61,700 sq ft 27,675 sq ft Selling Price $3.55 $.63 per square (-50% =$1.78) foot Comments Adjoining site currently being Former Railway lands purchased by developed by the client. adjoining landowner. Comparable sale #1 was the purchase of the lands adjoining the subject site. The site is currently being developed with condominiums. Given that the subject site is non - buildable a 50 percent reduction is applicable to the selling price per square foot. Comparable sale #2 was a non-buildable landlocked parcel of railway lands sold to an adjoining landowner. This sale is considered to be inferior to the subject site. In my opinion there is good support for a sale price per square foot of$I.78. Therefore, applied to the subject property $1.78 per square foot x 2203 feet = $ 3,921.00 4 ~ Corporate Services Department l.2004.11 legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca R.O. Kallio City Solicitor Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city.niagarafalls.on.ca February 23,2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-11 Front Yard Obstructions - Amendments to Fence By-law Our File No. 2004-57 RECOMMENDATION: That Fence By-law No. 77-75 be amended as set out in Schedule "A" attached hereto and Further That the Chief Building Official be authorized to grant minor variances to the said Fence By-law. BACKGROUND: At its meeting of January 12, 2004, Council requested a Report to deal with the problems of homeowners building :tront yard fences which obstruct the view of their neighbours when they are backing out oftheir driveways, Attached to this Report is an amendment to Fence By-law No. 77-75 which restricts the height of :tront yard fences to I metre or 3.28 feet. The City's fence by-law presently permits :tront yard fences to be 4 feet in height and the reduction to 3.28 feet should alleviate this problem, As well, the fence by-law is recommended to be amended to prohibit used vehicle tires in the erection or construction of any fence, There was a very serious situation in the Town of Fort Erie where an owner created a used tire dump on his property and claimed that he was in the process of constructing a fence made entirely of used tires. Lastly, it is being recommended that the Chief Building Official be authorized to grant minor variances to the Fence By-law so that the City could be more flexible in dealing with minor issues Working Together to Serve Our Community Clerks' Finance. Human Resources. Information Systems' Legal. Planning & Development n February 23, 2004 - 2 - L-2004-11 involving fences complying with the By-law, The attached by-law amendments would give the Chief Building Official the power to grant minor variances subject to an appeal of his decision to Council. Approved by: jW. T. Ravenda Executive Director of Corporate Services ROK/sm Attachment Respectfully submitted: 1l~ John MacDonald Chief Administrative Officer SCHEDULE "A" CITY OF NIAGARA FALLS By-law No. 2004- A by-law to amend By-law No. 77-75, being a by-law to prescribe the height and description of lawful fences. THE COUNCIL OFTHE CORPORATION OFTHE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 77-75 is amended by adding the following section: "la, (1) The Chief Building Official is hereby delegated the power to grant minor variances to this By-law subject to the following criteria: (a) the general purpose and intent of this By-law are maintained; and (b) the variance is minor in nature. (2) The decision of the Chief Building Official shall be in writing, setting out reasons therefor, and sent to the requester ofthe minor variance and to every owner ofland who shares the fence with the requester. (3) The decision shall state that it does not take effect for thirty days fÌ"om the date it is given and that any person who has an interest in the minor variance may appeal the decision to Council within thirty days after the decision is given, which appeal must be in writing." 2. Section 5 of By-law No. 77-75 is amended by deleting "forty-eight inches (48")" in the second line and "one (1) metre" is inserted in lieu thereof so that the section shall read as follows: "5. Subject to the provisions of sections 4 and 1 0 of this by-law no fence of a greater height than one (1) metre above the adjoining ground level, shall be erected or caused to be erected or maintained or caused to be maintained in any front yard, provided, however, that the portion of any such fence erected or maintained along the side or rear lot line of the rear yard of any adjoining property may be of a height not greater than eight feet six inches (8' 6"). Where a fence is erected on a terrace in a front yard, the height of such fence shall be calculated as the combined height of the fence and the terrace above the adjoining ground level." 3. Section 8 of By-law No. 77-75 is amended by adding, after "wire" in the first line, the following: ", other barbed material or vehicle tires", so that the section shall read as follows: .. -2- "8. No fence composed wholly or partly of barbed wire, other barbed material or vehicle tires shall be erected or caused to be erected or maintained or caused to be maintained, within the City of Niagara Falls, provided, however, barbed wire or other barbed material may be pennitted along the top of any fence of a greater height than seven feet (7') enclosing land used for commercial or industrial purposes, wherever such land does not abut land used for residential purposes, and the manner of affixing such barbed wire or other barbed material is approved by the Building Inspector. This section shall not apply to barbed wire fences erected in agricultural areas for the purpose of confining livestock." Passed this 23rd day of February, 2004. ............................................................................. ,...............".,...,.............,......,..,..,....,.........,......... DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR ------ First Reading: Second Reading: Third Reading: February 23, 2004. February 23,2004, February 23, 2004. Corporate Services Department CD-2004-03 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Dean lorfida City Clerk ...--- Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 diorfida@city. niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls Members: Re: CD-2004-03 Special Occasion Permit RECOMMENDATION: That Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. BACKGROUND: Correspondence has been submitted by the following organization and has been reviewed and approved by the Parks, Recreation & Culture, Building & By-law Services, and Fire Services. Council's concurrence with the recommendation is requested. I ORGANIZA nON I EVENT I DATE I LOCA nON I Mike Tychynski Hockey Tournament March 11 to 14, Stamford and Memorial Hockey 2004 Jack Bell Arena T oumament Recommended by: ~~ City Clerk Respectfull.Y. S. ub~tted:" I . l~1l ~ hn MacDonald hief Administrative Officer Approved by: ~~. T. Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerks' Finance. Human Resources. Information Systems. Legal, Planning & Development Corporate Services Department L-2004-09 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca R.O.Kallio City Solicitor ..--- Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-09 Establishment of Public Highway Part 1 on 59R-11421 As Part of Church's Lane Our File No.: 2001-152 RECOMMENDATION: That a road widening, being Part I on 59R-11421 attached as Schedule "A", be established as a public highway, to be known as and to fonn part of Church's Lane. BACKGROUND: As a condition of re-zoning, Nancy McKinnon conveyed a road widening to the City. The subject lands are located on the north side of Church's Lane and shown in heavy outline on the plan attached. Staff is now recommending that the subject lands be dedicated as a public highway to be known as)lnd to fonn part of Church's Lane. // / p~¡¡i) . bY~ t/h~. < ary orrone ~.~~. Law Ie A- Tony Ravenda Executive Director of Corporate Services espectfully s~mit.~u./.ted: 111 er¿/~ t?7( 000 MacDonald Chief Administrative Officer MM/lb Working Together to Serve Our Community Clerks' Finance' Human Resources' Information Systems' Legal' Planning & Development f1 t ~ ..~ :t: S ............... ~ I ~ I ". ~"""'. .~ ~ ~ " ~ "- ìl i '1/ '-..... 2.~~ -", Ii I r'" -.....:"V~ <I ........ ';!"1 - "4/:::-- II d I .......... O'9;.""l/I:fÿ ¡ i ~ """"'. !;, '-, ~ I / . =' '. ~ .../'. \ -- _03'30""_".- OM. " I. i \ '-12.,"_'~- 21.""""'.-'- --(0171 OJ ,--"-- -- '-~.i;1Tf- .- ..- , tt:.:.~ ~\-;. ... ! i cÞ ~ , . 1::" I I I:Ø- \ ~C~ \ 1- I "I? \ r ~ I l~ ~ ~ r J ~ !\ \.!:)...:t ~" !:; WI _. ---.- . ~ \ ';: & ~ ¡ I 1\ ") 8 ~ ~ I PLAN 11 59F<: ¡I - 1817 I I! ~ 1 ... 1f h .;!i~'" I gl. !~I - "~~ 1 \ PART 1 ~11 PART 2 I PART 3 \. i I'; ~ I, PIN 64274-<>2&7(LT) r PIN &4274.. 02M(lT)' .Y I g >- r; ¡ ~ I ¡ I... 1N5r. 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O~1E .- I\IIIIIÞ' ~ GIOÌri .~ '~ ~!d_-~ IJ$'f p¡PU1Y WI!> .~ ~'.~.=. fI'I\.Q' '...........' ¥ sœIII. - . . ~-.:--.L -~~,,~--+~~ . ~~"tff~ _L77~~LI) L. ~ .~ 1'1."',,*_'<1:101' PART Of 5T AMfORD TOWNSHIP LOT 37 being .. "'e CITY OF NtAQAAA F AU-a Regional Municipality of Niagara IiIot;h_e. eom.n.n. 1M)I...c>04 -- Kerry T. How. SUll'ttYlNO LlMfll¡1I ~_.,- ,~.., i" i,':':' 2001 .,-., . . . L.EGQlQ f ""\'Þ W~~ r. I fJ ~ :. ;p.o.. .,...... I :" ~ I ~ ~ - .. .:.... - ~ .::=... -=~ :.:-...:-;,¡o- ~.u". :r.."- ~... .:y .... .....~ ---- """.... ~_.M2IE DISf- - ON THIll ....... - Mol IoICTR6 AHU [:HIllE COHI'ERI'ð/ fQ 'aT IN ~ \J1' u,- BURtHG ÞIOT£ -- - AS1RONOIoiIC ,.., -- REfD1l<fD TO ft'E ..0)ÐI[1) .....T 01 ~'S lNCE. 10:; - Qt' 26, ...- A IIIMINC OF -~':O"W SCHEDULE" A" Community Services Department MW -2004-28 ~ Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Ed Dujlovic Director Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 edujlovi@city.niagarafalls.on.ca February 23,2004 His Worship Mayor Ted Saki and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: , MW-2004-28 - Purchase of Combined Sewer Overflow Control Treatment Units RECOMMENDATION: That City staffbe authorized to purchase two combined sewer overflow control systems from Hydro International Inc. of Portland Maine and CDS Technologies of Elk ton Maryland for a purchase price of $100,000.00 and $60,000.00 respectively. The net cost to the City will be 33% of the purchase price or $52,800. BACKGROUND: The City of Niagara Falls in conjunction with The Regional Municipality of Niagara, Environment Canada, Ontario Great Lakes Renewal Foundation and the engineering faculty of Ryerson University are working cooperatively on a project to identify and implement a costs effective and innovative solution for Combined Sewer Overflow Control for the City of Niagara Falls. Approved background Council reports for this project include: Report # Title Date MW -2003-136 Ontario Great Lakes Renewal Foundation Funding 11/0812003 MW -2003-196 Consultant Appointment High Rate Treatment Pilot Study This particular project involves the testing of two commonly available treatment technologies on an existing overflow at the Central Pump Station on Park Street. The two technologies selected as part ofthis cooperative project are considered state-of-the-art or "best of breed" for this application and 17/11/2003 Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services February 23, 2004 - 2 - MW-2004-28 are used widely within Europe and the United States for treatment of overflows. The project will offer several advantages to the City of Niagara Falls including but not limited to; 1. Test the efficiency of this equipment on a pilot scale prior to its full scale implementation at the City's largest overflow by volume, the Muddy Run. 2. Transfer of the units to other overflow locations as pennanent and economical solution to the spilling of untreated effluent to the environment, and 3. Both suppliers have discounted their units, in the interest of participation in this project, by 50%. The City, by virtue of cost sharing agreements already in place, will pay 33% of the discounted price for this technology. In the case of the Hydro International Unit, the cost to the City is approximately $34,000.00 versus the original purchase price of$200,000.00. 4. This project is a continuation ofthe City of Niagara Falls proactive plan to eventually eliminate Combined Sewer Overflow and is consistent with our pollution control and prevention plan authored in 1996. The total cost to the City of this purchase is approximately $ 52,800.00, due to cost sharing agreements in place for this project. This amount has been provided for in the 200212003 Capital Works Budget under line items Muddy Run HRT and HRT pilot respectively. City and Regional staffhave retained R.V. Anderson and Associates to assist in the design and operation ofthis pilot facility. City staff now requests pennission to proceed with this the most important phase of the project. Council's concurrence with the above recommendation would be appreciated. Prepared by: Respectfully submitted: ~~:~ Chief Administrative Officer tJøv~ U~ David Watt Manager of Infrastructure & Environment A[V~~ Ed Dujlovic, P.Eng. Director of Municipal Works Attach: S:\REPORTS\2004 Reports\MW-2004-28 - Purchase of Combined Sewer Overflow Control.wpd February 23, 2004 - 3 - MW.2004.28 ~!~i~~ ~ QUOTATION To: Project: Location: Hydro Ref. #: Date: City of Niagara Falls Niagara Falls CSO Niagara Falls, Ontario 1994-00043 Thursday, January 22, 2004 TO SUPPLY: QUANTITY DESCRIPTION PRICE 1 No. 3.40 meter diameter free standing Storm King with Swirl Cleanse with air regulated siphon all manufactured in 304 stainless steel $200,000 CN Hydro International in kind contribution: $100,000 CN TOTAL: $100,000 CN Price includes design costs, fabrication, installation details and drawings, and delivery to the site. Unloading, storage and installation by others. Price does not include taxes or duties of any kind. The descriptions contained in this quotation are our interpretation of the specifications. Should amendments to this proposal be necessary, we reserve the right to vary the price accordingly. Validity: Delivery: 90 Days. Submittals, 6 to 8 weeks from receipt of purchase order. Storm King with Swirl Cleanse, 12 to 16 weeks from receipt of approved submittals. 100% Net 30 Days; subject to credit approval. Terms: H.Llo Technology, Inc. 8 94 Hutchins Drive 8 Portland, Maine 04102 Tel: (207) 756-6200 8 Fax: (207) 756-6212 8 E-mail: hiltech@hil-tech.com H.I.L. Technology. Inc. is a subsidiary of Hydro International pic 1 rI February 23, 2004 .4. MW-2004-28 (g.. raI\~~ ~DS- TECHNOLOGIES I ...."þ Municipal Works S Scanned File:' '-10-3\ 30 January, 2004 Mr David Watt Manager of Infrastructure City of Niagara Falls Community Services Department Municipal Wor1<:s P.O. Box 1023 Niagara Falls, Ontario, CANADA, L2E 6X5 Dear Mr Watt, RE: Proposal for Muddy Run CSO Demonstration Project Please find attached a detailed, costed proposal for CDS's participation in the Muddy Run CSO Demonstration Project. The total cost for this is 87,350 USD to be split between the Project (City of Niagara Falls) and CDS Technologies with a total cost to the Project of 43,850 USD. This includes all design, fabrication, installation, commissioning and ongoing project support including assistance with the testing program and reviewing of results. A detailed description of all items covered, and cost breakdown are in the proposal. We trust that you will find this satisfactory and will be able to issue a purchase order shortly. Currently CDS is finalising the detailed design for fabrication, and will begin procurement shortly, with a view to being able to deliver the CDS CSO unit in keeping with the proposed schedule for the project. If you have any questions regarding this proposal, please do not hesitate to contact the undersigned. s;~~ Alex Davey Senior Process Engineer CDS Technologies Inc. (1.5'I\J}_ï:~ì);:,~, . / , ;.' . '"" <', , " ' < /~::-: " r--'" \/ .:\ ¡.' "í-r.r-" 'fn. '- \ '-" ,"'..l I'U .- .-\ ;.,,~, f' i: :~G4 -» "". cc: Jim Heist, CDS Technologies Inc, Joseph Perrotta, RV, Anderson Associates Ltd. ',' . ,~. .. " .. CDS Technologies, Inc, . www.cdstech.com . cds@cdstech.com 307N.BridgeStrcet.Suite3,EI~10n,MD21921 8 Phonc:4JO620-0933 8 Fax, 410620-1250 8 Cell: 4439450191 Email: adavey@cdstech,com Community Services Department MW -2004-36 Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Ed Dujlovic Director ~ Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 edujlovi@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-36 - Value Engineering Consultant RECOMMENDATION: That the City of Niagara Falls enters into a Consulting Services Agreement with Hydromantis Incorporated Consulting Engineers for the provision of Value Engineering Services for the new Central Pump Station and Combined Sewer Overflow High Rate Treatment Facility for the upset limit of $ 88,000. BACKGROU N D: The City of Niagara Falls and Regional Municipality of Niagara have been working cooperatively for the past six years to address the issue of Combined Sewer Overflow from the City of Niagara Falls sewer system to the Niagara River. The Niagara River is identified as an Area of Concern by the International Joint Commission due to impaired water quality resulting from discharges to it. The largest combined sewer overflow by volume is the Muddy Run, shown in figure 1.0 indicated by the green diamond. Working Together to Serve Our Community Municipal Works - Fire Services - Parks, Recreation & Culture. Business Development. Building & By-Law Services .. February 23, 2004 - 2. MW-2004.36 On average the Muddy Run Overflow discharges approximately 400,000 cubic metres, (400 million litres), of untreated sewage to the Niagara River on an annual basis, In order to address the said discharge, City and Regional staff have commissioned several studies to look at remedial or abatement alternatives. The short-listed alternatives are the construction ofa large sewage pump station to convey all of the overflow to the Stanley Avenue Pollution Control Plant or the construction of a High Rate Treatment facility to treat the flows on site. Both of these alternatives have projected capital costs of between $13,000,000 and $20,000,000 dollars. The cost being borne by both the City of Niagara Falls and Regional Municipality of Niagara. In order to potentially lower costs and add value to the project, the Regional and City staff issued a request for proposal for the provision of value engineering services for the project. Value engineering is typically carried out on projects with high dollar values, State and local government in the United States often requires this process to be performed on projects that have high capital costs and/or involve funding from other levels of government. To quote from the attached Regional Report an edited description of the value engineering process is as follows: "Value Engineering is a team-based workshop design approach utilizing a variety of expertise from the Region (owner), design engineering consultant and the value engineeringfirm, whereby every member of the team is fully involved. The process explores all options and ideas for consideration and development. The end product is the best possible engineering design in terms of true value, cost effective spending, and substantial savings, where possible. " It should be noted that "value" in the context of value engineering is defined as value for the ultimate customer, in this case the City of Niagara Falls taxpayer. Two proposals were received as a result of the joint City and Region request for proposal process with Hydromantis of Hamilton Ontario as the successful consultant based on the Region's proposal rating system used by both City and Regional staff during the selection phase. Funding for this particular proj ect has been provided for in both the 2003 and 2004 Municipal Works Capital Budgets, line item "High Rate Treatment." Council's concurrence with the above recommendation is requested, Prepared by: !) áv t i !) CYtf; David Watt Manager of Infrastructure & Environment spectfully R- ohn MacDonald Chief Administrative Officer [~ Ed Dujlovic Director of Municipal Works PW A 193-2003 December 16, 2003 CSD 164-2003 December 17, 2003 THE REGIONAL MUNICIPALITY OF NIAGARA REPORT TO: Chair and Members of the Public Works and Utilities Committee and Chair and Members of the Corporate and Financial Services Committee SUBJECT: Retention of Value Engineering Consulting Services for the Central Pumping Station and Combined Sewer Overflow High Rate Treatment Facility In the City of Niagara Falls Project ZSW9305/SW0230 RECOMMENDATION(S) That this Committee recommends to Regional Council: That the consulting firm of Hydromantis Inc. be retained to provide value engineering services for the Central Pumping Station and Combined Sewer Overflow High Rate Treatment Facility in the City of Niagara Falls. That the engineering fee be calculated on a time plus expenses basis estimated to an upset limit of $236,000 including net GST. The cost of this project is to be shared between the Region (63%) and the City of Niagara Falls (37%) as estimated on Table 1. The final cost sharing arrangement will be based on actual engineering and construction costs, At this time, it is estimated that the Region's share of the engineering fee will be $14a,000 (63%) and the City's share will be $8a,000 (37%). That approval be given to increase the gross budget by $aa,OOO to reflect the cost sharing with the City of Niagara Falls. .. PW A 193-2003 December 16, 2003 CS D 164-2003 December 17, 2003 That the Regional Clerk be directed to ensure that the appropriate by-law is prepared for submission to Regional Council authorizing the Regional Chair and Regional Clerk to execute the contract on behalf of the Regional Municipality of Niagara. That the costs associated with this project be charged against Project 10 SW0230, PURPOSE This report requests authorization to retain value engineering consulting services for the Central Pumping Station and Combined Sewer Overflow High Rate Treatment Facility in the City of Niagara Falls. BACKGROUND The International Joint Commission has designated the Niagara River as one of the 43 Areas of Concern (AOC) in the Great Lakes Basin. The designation is the result of degraded water quality in the river, caused by non-point runoff and direct industrial and municipal discharges to the river and its tributaries, The main sources of municipal discharges are due to combined sewer overflows (CSO) and stormwater discharges. As a consequence of the AOC designation, a Remedial Action Plan (RAP) for the Niagara River has been developed, Although the main findings of the RAP concerned contaminated sediments, there has been an ongoing effort by the City of Niagara Falls and the Regional Municipality of Niagara to control the municipal discharges within their boundaries to the Niagara River, and help address any RAP concerns, The focus of this project is on controlling the overflow that is discharged at the Muddy Run CSO discharge outlet from the Central Pumping Station service area. This CSO receives by-passes and overflows from the Central Pumping Station and the Muddy Run Pumping Station. The overflow is discharged through a drop shaft near Muddy Run Pumping Station to the Niagara River, The Muddy Run CSO is one of the major overflows from the City's sanitary sewer system contributing close to 60% of the total overflow from the City. The City of Niagara Falls (City) and the Regional Municipality of Niagara are proceeding with the relocation and replacement of the existing Central Sewage Pump Station and the construction of a high rate treatment facility for the control and/or abatement of the City's largest combined sewer overflow by volume, the Muddy Run drop shaft, The City and the Region have clearly defined the need for a cooperative solution to the issue of CSO within the City of Niagara Falls urban area. Current Provincial legislative 2 PWA 193-2003 December 16, 2003 CSD 164..2003 December 17, 2003 requirements and environmental issues relating to the discharge of untreated sewage to the Niagara River reinforce the need for a timely and cost effective method of CSO control at this particular location. The construction of a high rate treatment facility in concert with a new sewage pumping facility will provide a cost effective alternative to the traditional methods of CSO abatement while providing an immediate and prolonged benefit in terms of pollutant discharge reduction to the Niagara River. Over the last two decades there have been several studies commissioned, by both the City and the Region, which highlight the need for CSO control within the City's combined sewer system area. High rate treatment of CSO has been selected as the preferred method of control for the Muddy Run site through both technical review and environmental assessment review processes. The specific technology for the wet weather treatment facility has yet to be selected and as such is an integral and crucial part of this particular project. It is anticipated that the preferred method of treatment will initially consist of a purely physical process with provisions made for the addition of chemical and or secondary treatment processes in the future. The new Central Pump Station will be designed and equipped to work in concert with the wet weather treatment facility to convey processed wastewater to the Stanley Avenue Wastewater Treatment Plant via a new forcemain. The City and the Region have already purchased the land necessary for the project in the vicinity of the Whirlpool Bridge. The project area is bounded by Buttrey Street to the north, the Niagara River Parkway to the east, Park Street to the south, and Victoria Avenue to the west. The City of Niagara Falls and Regional Municipality of Niagara share ownership of 6.6 hectares of land within the project area, which is a large enough site to build the proposed works and provide a buffer from adjacent land owners. The project, including consulting engineering costs and construction costs, will be cost shared between the Region and the City as shown on Table 1. The Master Servicing Study completed by CH2M HILL and MacViro (June 2003) includes a recommendation that the Central Pumping Station and High Rate Treatment Facility be constructed within the next 10 years. The Region has retained the firm of Associated Engineering for detailed design and construction services. The Region has now requested engineering proposals to provide value engineering services for the Central Pumping Station and Combined Sewer Overflow High Rate Treatment Facility. 3 .. PW A 193-2003 December 16, 2003 eSD 164-2003 December 17, 2003 Value engineering is a team-based workshop design approach utilizing a variety of resource expertise from the Region (owner), design engineering consultant, and the value engineering firm, whereby every member of the team is fully involved. The Society of American Value Engineers (SAVE) has standardized a methodology for conducting value engineering services, The process explores all options and ideas for consideration and development. The end product is the best possible engineering design in terms of true value, cost-effective spending, and substantial savings, where possible. I n addition, value engineering achieves buy-in from Regional staff because they have been a part of the design from conception to completion, REPORT This report requests approval to proceed with value engineering services for the Central Pumping Station and Combined Sewer Overflow High Rate Treatment Facility in the City of Niagara Falls. The project includes the following works: TABLE 1 ESTIMATED COSTS ($ MILLIONS) DESCRIPTION Est. Region's City's Cost Cost Cost Central Pumping Station $ 3.0 $3.0 - (100%) High Rate Treatment Facility and Sewer $ 3,0 - $3.0 Separation on River Road (100%) Inlet/Outlet Sewers and Diversion Structure $ o,a $0.4 $0,4 (50%) (50%) Excavation $ o,a $0.4 $0.4 (50%) (50%) Forcemains $ 2.8 $2,8 - (100%) Sub-Total $10.4 $6,6 $3.a (63%) (37%) Engineering and Contingencies $ 2.6 $1.6 $1,0 (63%) (37%) Total Project Cost $13,0 $8.2 $4,8 (63%) (37%) 4 PW A 193-2003 December 16, 2003 CSD 164-2003 December 17,2003 Staff requested proposals from three consultants, Hydromantis Inc., MacViro Engineering and Environmental Science, and Dillon Consulting Ltd, The Region subsequently received two proposals, with Dillon declining the invitation to submit a proposal due to limited availabìlìty of staff to meet the proposed schedule. Staff from the Water and Wastewater Services Division, as well as staff from the City of Niagara Falls, evaluated the two (2) proposals on the basis of proposal presentation, problem understanding, work plan, methodology, experience and team qualifications. The following table indicates the total point score of each consulting firm in descending order: FIRM POINTS FOR PROPOSAL Hydromantis 673 MacViro 654 The two proposals were further considered, including cost. Based on the additional consideration of the proposed engineering fees and related points, the final results are Hydromantis, 762 points, and MacViro, 754 points. FIRM Hydromantis PROPOSAL COST I POINTS $229,132.00 I 762 Considering all factors including costs, the proposal submitted by Hydromantis Inc. is deemed to be in Niagara's best interest. FINANCIAL IMPLICATIONS Funding in the amount of $7,766,100.00 has been previously approved for Parent Project ZSW9305. The cost sharing with the City of Niagara Falls in the amount of $a8,000 will provide a total funding of $7,854,100, Additional gross funding, totalling $9.600,000, is being budgeted for in the 2004 and 2005 capital programs for parent Project ZSW9305, Improvements to Pump Stations and Forcemains, Of this amount, $13 million in funding will be provided for Project SW0230, Central Pump Station and Combined Sewer Overflow. The net Regional cost will be $a,2 million and the City's 5 .. 11 PW A 193-2003 . December 16, 2003 CSD 164-2003 December 17, 2003 share will be $4.a million,. Sufficient funds are available to undertake value engineering services for this project. '. ~ SUMMARY Therefore, on the basis of the evaluation of the proposals, it is recommended that Hydromantis Inc, be retained to provide value engineering services for the Central Pumping Station and Combined Sewer Overflow High Rate Treatment Facility in the City of Niagara Falls at a cost of $236,000 including net GST. The associated costs will be charged against Project ID SW0230 which has sufficient funds allocated to accommodate this ork, Ian Neville, MPA, P.En , Commissioner of Public Works I ! 1L1~~ - ~ ~ Shafee ,acchus Commissioner of Corporate Services Approved by: ..- Mike Trojan Chief Administrative This report was prepared by Peter Baker, P. Eng., Senior Environmental Engineer, in collaboration with Michael Roach, Manager Public Works Financial Services, Helen Chamberlain, Fixed Asset Analyst and reviewed by Ed Doyle, M. Sc. , P. Eng., and by ChadD Brcic, M,Sc" P.Eng., Director Water & Wastewater Services Division. 6 Community Services Department MW-2004-37 Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Ed Dujlovic Director ~ Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 edujlovi@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-37 Watermain Replacement Kent Street, Niagara Enviro-Centre RECOMMENDATION: It is recommended that the unit prices submitted by Centennial Construction and Contracting (Niagara) Inc. be accepted. BACKGROUND: At the new Regional Municipality of Niagara Enviro-Centre on Montrose Road, a City watennain is located on an easement that crosses the property from Kent Avenue to Wanless Street. At the Enviro-Centre, the existing watennain will be located under the roadway and the truck loading dock area. This watennain is in poor condition, with a low C-factor and with a number ofwatennain breaks. Centennial Construction and Contracting (Niagara) Inc. is constructing the underground services on the site for the Regional Municipality of Niagara. The Region's contract required the contractor to install a new water service from Montrose Road to the City's watennain. Centennial Construction and Contracting (Niagara) Inc. has provided the same unit prices to the City for the replacement of the City watennain. The cost is to replace the watennain is $58,885.29 excluding GST. This Contractor has previously perfonned similar type projects for the City. Weare therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works' Fire Services. Parks, Recreation & Culture' Business Development. Building & By-Law Services .. February 23, 2004 Financing: Project Costs: Construction Costs Net GST (3%) Funding: TOTAL 2004 Capital Construction Program Watermain Replacement Program TOTAL -2- $ 58,885.29 $ 1,766.56 $ 60,651.85 $ 60,651.85 $ 60,651.85 Council's concurrence with the recommendation made would be appreciated. Prepared by: ~~ Bob DarraH Project Manager ;ro2-- Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully SUbmitt~: / . M/l? ~ t l' John MacDonald (J Chief Administrative Officer S:\REPORTS\2004 Reports\MW-2004-37 Watermain Replacement Kent Street, Niagara Enviro-Centre.wpd MW-2004-37 Community Services Department R-2004-09 Parks, Recreation & Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Adele Kon Director ~ Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 akon@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-09 - Lease Agreement for Seniors Boutique and Craft Outlet RECOMMENDATION: That the attached lease agreement between The Corporation of the City of Niagara Falls and the Seniors Boutique and Craft Outlet be approved and that the Mayor and City Clerk be directed to sign the agreement. BACKGROUND: In January 2003, a preliminary investigation was carried out by the Senior Coordinator of the Coronation 50 Plus Recreation Centre to investigate the organizational profile of the Senior Citizens Boutique and Craft House. The Boutique, located on Main Street is adjoined to the Coronation Centre but is independently operated by a Community Support volunteer base. The Boutiques' Constitution identifies the fonnation of a Board of Directors who is responsible for the administration of the Boutique and Craft outlet. Its major role is to provide an outlet for seniors' crafts and to offer light refreshments to both Coronation members and the public. Because a fonnal agreement was never established since its inauguration in 1990, it was apparent that tenus and conditions needed to be clarified between both parties. Furthennore, it was necessary to address the increase in operational expenses and to outline the lessor's responsibilities. In addition, the monthly rent was never reviewed during the thirteen years of operation. The aim of the aforementioned investigation was to provide infonnation that would help detennine if a rental increase was viable and to be able to suggest other recommendations as to how the Boutique and Craft House may be utilized to its full potential. The investigative report outlined the strategic direction for the Boutique and Lunchroom. Opportunities and concerns were addressed in the report, and consequently presented to the president of the Senior Boutique and Lunchroom. The report included three different recommendations for their consideration including an amalgamation of the two organizations. Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services T1 February 23, 2004 - 2 - R-2004-09 The Board met and discussed these options. They also spoke with the Senior Coordinator and through meetings and negotiations were able to arrive at an acceptable agreement to both parties. As a result of a Board meeting on Monday, November 24, 2003, the president of the Boutique expressed to the Senior Coordinator that the Boutique wished to keep the total space on the lower level and keep half of the upstairs where the office currently operates. Conclusion Staffwas able to provide the Legal Services with infonnation generated from the investigative report and the discussions between the Senior Coordinator and the Senior Citizens Boutique in order to prepare a commercial lease agreement which would outline the roles and responsibilities between The Corporation of the City of Niagara Falls and the Seniors Boutique and Craft Outlet. It is requested that Council will consider and approve the lease agreement. Councils' concurrence with the recommendations contained in this report would be appreciated. Prepared by: ~1t~ Senior Coordinator Respectfully su. bm:tted: t I b11 d{f~l-l Jo MacDonald ief Administrative Officer R~bÆ ~ Director of Parks, Recreation & Culture HG/das Attachment THIS INDENTURE made effective this 1st day of March, 2004. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT, RS.O. 1990, c. S.l1 BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Lessor" OF THE FIRST PART; - and - SENIORS BOUTIQUE AND CRAFf OUTLET Hereinafter referred to as the "Lessee" OF THE SECOND PART. WHEREAS the Lessor is the owner ofthe lands described in Schedule "A" (the "City lands"); AND WHEREAS located upon the City lands are certain buildings and structures, including the Coronation 50 Plus Recreation Centre, which is owned and operated by the Lessor for the benefit of persons in the community who are 50 years of age and older; AND WHEREAS the Lessee is an unincorporated association of Community Support volunteers whose major role is to provide an outlet for crafts created by seniors, and to offer light meals and refreshments to members ofthe Coronation 50 Plus Recreation Centre, as well as non- members; n AND WHEREAS the Lessor has agreed to lease a portion ofthe Coronation 50 Plus Recreation Centre to the Lessee on the terms and conditions hereinafter set out. PREMISES. TERM AND RENTAL: 1.01 WITNESSETH that in consideration of the rents, covenants, conditions and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor doth demise and lease unto the Lessee a portion ofthose premises municipally known as 5727 Main Street, Niagara Falls, Ontario (the "Demised Premises"), which are more particularly shown in bold outline on a floor plan sketch of the Coronation 50 Plus Recreation Centre attached hereto as Schedule "B". 1.02 TO HAVE AND TO HOLD the Demised Premises for and during the term of one (1) year to be computed from the 1 sl day of March, 2004 and from thenceforth next ensuing and fully to be complete and ended on the 28th day of February, 2005. 1.03 YIELDING AND PAYING therefor during the said term to the Lessor, its successors and assigns without deduction or offset, the sum of FIVE THOUSAND TEN DOLLARS ($5,010.00) per annum, plus applicable Goods and Services Tax, in equal monthly installments of FOUR HUNDRED SEVENTEEN DOLLARS AND FIFTY CENTS ($417.50), plus applicable Goods and Services Tax, per month in advance on the first day of each month, 1.04 PROVIDED THAT the Lessee is not in default under any terms contained in this Lease, the Lessor shall, upon the written request ofthe Lessee given to the Lessor not less than three -3- (3) months prior to the expiration ofthe original tenn ofthis Lease, grant to the Lessee a renewal of this Lease for a further tenn of one (1) year on the same tenus and conditions, save and except for any further renewals and the provision for rent, which shall be agreed upon by the parties. LESSEE'S COVENANTS: 2.01 THE LESSEE COVENANTS WITH THE LESSOR: (a) To pay rent. (b) To pay all taxes, rates, charges and licence fees assessed or imposed in respect of the personal property, fixtures, business or income of the Lessee. (c) To pay for all telephone charges for the Demised Premises. (d) At its sole cost and expense, to keep the Demised Premises and every part thereof in a clean and tidy condition and not pennit waste paper, garbage or waste or other objectionable material to accumulate thereon. ( e) To use the Demised Premises for the purposes only of a seniors boutique and craft outlet. (f) To abide by and comply with all lawful statutes, by-laws, rules and regulations of every parliamentary, legislative, municipal or other authority which in any manner relates to or affects the Demised Premises by reason ofthe tenancy ofthe Lessee; and to put the said premises in n -4- such state of repair as to comply with the said statutes, by-laws, rules and regulations and to indemnify and save hannless the Lessor from any penalty, costs, charges or damages to which the said Lessor may be put or suffer by reason ofhaving to alter the said premises to conform with any such statute, by-laws, rules or regulations by reason of the tenancy ofthe Lessee. (g) Notto erect signs on the premises without prior written approval ofthe Lessor. (h) To provide, maintain and keep in force for and during the term, public liability and property damage insurance in the name ofthe Lessee in respect of the Demised Premises and the Lessee's operation thereon, with a limit of not less than TWO MILLION DOLLARS ($2,000,000.00) inclusive and to furnish to the Lessor a Certificate of said coverage in a form satisfactory to the City Solicitor; such policy to include the Lessor as an additional insured. (i) The Lessee shall indemnify the Lessor against all fines, suits, claims, demands and actions of any kind to which the Lessor may become liable by reason of any breach, violation or non-performance by the Lessee of any covenants, term or provision of this Lease or by reason of any . injury occasioned to or suffered by any person or any property because of any wrongful act, neglect or default by the Lessee or any of its employees, servants or agents. 2,02 The Lessee shall not assign or sublet the whole or any portion of the Demised Premises without the consent ofthe Lessor in writing first had and obtained, such consent not to be unreasonably withheld. Any assignment or subletting shall in no event relieve the Lessee ITom the responsibility of observing and performing the covenants herein contained including the payment of -5- rent for the whole of the tenn of the within Lease and renewal thereof. ALTERATIONS, PARTITIONS, IMPROVEMENTS 2.03 (a) If the Lessee during the tenn desires to affix or erect partitions, counters or fixtures in any part of the walls, floors, ceilings of the Demised Premises, it may do so at its own expense at anytime and from time to time provided that the Lessee's rights to make such alterations to the Demised Premises shall be subject to the conditions contained herein. (b) Before undertaking any such alterations, the Lessee shall submit to the Lessor a plan showing the proposed alterations and shall obtain the approval and consent ofthe Lessor to same. (c) All such alterations shall confonn to all building regulations then in force affecting the Demised Premises. (d) Such alterations will not be of such a kind or extent so as to in any manner weaken the structure of the building after the alterations are completed or reduce the value of the building. (e) Except as provided in this clause, the Lessee will not erect or remove or change the location or style of any partitions or fixtures without the written consent ofthe Lessor being first had and obtained. .. -6- (f) At the expiration ofthe term hereby granted or any renewal thereof, the Lessee shall have the right to remove its fixtures, but not the leasehold or structure improvements which shall remain the property of the Lessor, provided the Lessee makes good all damage occasioned to the Demised Premises by the taking down or removal thereof. LESSOR'S COVENANTS: 3.01 THE LESSOR COVENANTS WITH THE LESSEE: (a) For quiet enjoyment. (b) To pay all taxes, rates and assessments, including local improvements levied against the Demised Premises for each of the years during the term. (c) To pay for heating and air-conditioning of the Demised Premises. (d) To paywaterrates and charges for gas and electricity of the Demised Premises. 4.01 PROVISO FOR RE-ENTRY for non-payment of rent and/or non-performance of covenants, subject to the provisions of the Lease. (a) If the Lessee shall fail to pay an instalment of rent payable hereunder when due and shall allow such default to continue for five (5) days or shall fail to perform any ofthe covenants, conditions and agreements contained and shall allow any such default to continue for ten (10) days, then the Lessor may take possession of the Demised Premises herein described and this Lease -7- Agreement shall be terminated. (b) In case suit shall be brought for recovery of possession of the leased premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because ofthe . breach of any other covenant herein contained on the part ofthe Lessee to be kept or perfonned, and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including a reasonable solicitors' fee. 5.01 Provided that the Lessee will not remove from the Demised Premises during the tenn of this Lease or any renewal thereof any chattels, fixtures or effects which are the property of the Lessee even though there is no rent in arrears, without the written consent ofthe Lessor. 6.01 Notwithstanding anything else herein contained, the Lessor and the Lessee shall have the option to terminate this Lease at any time, provided that the party wishing to tenninate gives the other at least three (3) months prior written notice of its intention to exercise this right. On the termination date specified in such notice (the "Termination Date"), the Lessee shall deliver up vacant possession of the Demised Premises and this Lease will be fully and completely ended as of the Tennination Date. 7,01 Upon the expiration ofthis Lease either by notice or by expiration of the tenn or for any cause, all improvements made and fixtures attached to the Demised Premises by or on behalf of the Lessee shall become the property of the Lessor, without payment of any consideration. f1 -8- 8.01 The Lessee agrees that the within Lease constitutes the entire understanding between the parties hereto and that there are no representations or warranties, oral or otherwise, except as contained herein, The Lessee further agrees that it has inspected the Demised Premises prior to the. commencement of this Lease and that by virtue of these presents accept the said premises in the condition that the same were in as ofthe commencement of this Lease. 9,01 The Lessee agrees not to make any leasehold improvements or changes to the layout of the Demised Premises without first submitting the plans to the Lessor and obtaining the Lessor's written consent. 10.01 AND IT IS HEREBYDISTINCfLY UNDERSTOOD AND AGREED BY AND BETWEEN THE LESSOR AND THE LESSEE THAT: (a) The Lessee waives and renounces the benefit of any present or future statute taking away or limiting the Lessor's rights of distress and agree with the Lessor that notwithstanding any such enactment, all goods and chattels from time to time on the Demised Premises shall be subj ect to distress for rent. (b) In case, without the written consent of the Lessor, the said Demised Premises shall become and remain vacant or not used for a period of fifteen (15) days or be used by any other persons other than the Lessee or for any other purpose other than that for which the same are hereby demised, or in case the tenn hereby granted or any of the goods and chattels of the Lessee shall at any time be seized or taken in execution or attachment by any creditor ofthe Lessee or the Lessee shall -9- make any assignment for the benefit of creditors, or becoming bankrupt or insolvent, shall take the benefit of any act that may be in force for bankrupt or insolvent debtors, (or, if the Lessee is a corporation), any proceedings shall be taken or orders shall be made for the winding-up ofthe Lessee or for the surrender or forfeiture of the charter of the Lessee, then and in every case the then current month's rent and the next ensuing three (3) month's rent shall immediately become due and payable and, at the option of the Lessor, this Lease shall cease and terminate and the said term shall immediately become forfeited and void, in which event the Lessor may re-enter in upon the said premises or any part thereof in the name ofthe whole and the same to have again, repossess and enj oy as of their former state, anything herein contained to the contrary notwithstanding. 11.01 The Lessor shall not be responsible in any way for any injury to any person or for any loss of or damage to any property belonging to the Lessee, or to employees, invitees or licensees of the Lessee while such person or property is in the building located on the Demised Premises, including (without limiting the foregoing) any damages to any such property caused by steam, water, rain or snow which may leak into, issue or flow ITom any part of the said building or any adjacent or neighbouring lands or premises or from the water, steam or drainage pipes or plumbing works ofthe Demised Premises or from any other place or quarter unless such damage is caused by anything done or omitted to be done by any other tenant of the said building and unless such arise through the negligence of the Lessor, its servants, agents, invitees and licensees. The Lessee covenants to indemnify the Lessor of and ITom all loss, costs, claims or demands in respect of any injuries or damage referred to in this paragraph for which the Lessee is in law responsible. 12.01 If the Lessee shall fail to perform anyofthe covenants or obligations ofthe Lessee . .. -10- under or in respect ofthis Lease, the Lessor may from time to time, in its discretion, perfonn or cause to be perfonned any of such covenants or obligations, or any part thereof, and for such purpose may do such things as may be requisite, including, without limiting the generality ofthe foregoing, the right to enter upon the Demised Premises or any part thereof as the Lessor may consider requisite or necessary. The Lessee covenants that all expenses incurred and expenditures made by or on behalf of the Lessee together with interest thereon at the rate of 10% per annum, shall be forthwith paid by it to the Lessor, upon receiving written demand, and failing payment, forthwith upon such demand, such amounts may be collected as rent in arrears. 13.01 IT IS HEREBY AGREED by and between the parties hereto that any notice in writing which either party may desire to give to the other with regard to any matter or thing in this Lease contained maybe validly and effectually given by mailing the same by prepaid registered post or facsimile transmission, if intended for the Lessor, to: The Corporation of the City of Niagara Falls Attention: Hanya Goforth, Senior Coordinator Coronation 50 Plus Recreation Centre 5727 Main Street Niagara Falls, Ontario L2G IM7 Telephone: (905) 356-6493 Facsimile: (905) 356-7224 and if intended for the Lessee, to: Seniors Boutique and Craft Outlet Attention: Betty Green, President c/o Coronation 50 Plus Recreation Centre 5727 Main Street -11- Niagara Falls, Ontario L2G 523 Telephone: (905) 374-2677 and any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party, three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 14.01 The captions in this Lease are for convenience only and are not to be considered as part of this Lease and do not in any way limit or amplify the tenus and provisions of this Lease. 15.01 Words importing the singular number only shall include the plural and vice-versa, and words importing the masculine gender shall include the feminine gender and words importing persons shall include finns and corporations and vice-versa. 16.01 Unless the context otherwise required, the word "Lessor" and the word "Lessee" whenever used herein shall be constructed to include and shall mean the successors and assigns of the Lessor and the successors and assigns of the Lessee. 17,01 Time shall be of the essence, save as otherwise provided herein. IN WITNESS WHEREOF the Seniors Boutique and Craft Outlet, by its President, Vice-President and Treasurer, has set its hand and seal, and The Corporation ofthe City of Niagara Falls has hereunto affixed its corporate seal, duly attested by the hands of its proper signing officers n -12- and the said signing officers certify that they have authority to bind the corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R.T. (Ted) Salci, MAYOR Dean Iorfida, CITY CLERK SENIORS BOUTIQUE AND CRAFf OUTLET Per: & ~ L{f. j Betty Green, Pre dent - C\~~~ O' U Q Aileen O'Keefe, Treasur~ - ~~~~~,-L" , ;ê~4 ~I".' : <:t1.j~.. r" J:! ,~-:-.::,."n' ',---" ~"';:, ::' I, ;' , " . ¡,(: ",' " ,,':' ,0, - - , , , .. """ " , " ,,::,"',;' ;""""':"'.i::':',, ," ", '\',: "~ô~..;t , " ,',' f.~" ':' 'Vf,-:,' '\1--'" ,:' , ' .," ,.:' ,'" .' ;,:r;'(',,:;, ",,", ""';(";"; ";""':'-:'I,,,~,+'<:~;'-: ro ;, ;..,' ".(,f';, >. '. "'<;:" - - , , , ' - rr~-':'- I ,/ : ,I L", I"':' ",'" I, ' '.' ,', J' I I -----,--~..: ~ '" J " " ,¡ '! W --I :::> Q w :r: 0 en , "..' .1.- 'l, J .ì " , , ':j ~', 'i1 '~,'f"';; "'::t..,,,' f:"!~-,i9".~:"I" ','" i~ I (, " ~f :!. ,=_",~~-i, , ~Q ~ ....-",g " íJI'~, U If. c¡<~, - ,.,~ 'li f 11 ! 'J ~. --,' ',; --, .. , "-""'" ---- - -':"1 I I 1---..: ,1' CI 'If ¡¡ t---,' I , I ," ~ j , 'if' ó11 I:' . :\:. , !' > t, ~ " " ,hu-_.... j ':...t-.' " ." .. .. .,' " .... "J,': ',," " "....::,;",."-",...".~,.",:~::,,,\; ': , , ' ..' ":', ',:' ,,' ":';,'<~¡~:'?,;::,~~S,< ,::"":,~~~~;:'~:~';-:~';""':'~:~'i: .. '¡:~ , , . , ' " " , , ., ',- "', ,; :'.. .. Community Services Department R-2004-03 Parks, Recreation & Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Adele Kon Director ~ Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 akon@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Saki and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-03 - Proposed Cemetery Fees RECOMMENDATION: 1. That the changes to the 2003 Cemetery charges, as specified in the attached Cemetery Fee Schedule, be approved effective April 1, 2004 2. That following City Council's approval, the 2004 Cemetery Fee Schedule be forwarded to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for their review and approval in accordance with the Cemetery Act. 3. That following City Council's approval and prior to implementation, 30 days public notice be given outlining the changes in Cemetery charges. BACKGROUND: A survey of local cemeteries (five municipal and one private) was conducted recently to compare prices. A second survey of six larger municipal cemeteries outside the Niagara Region provides additional comparisons. Based on the survey results it was determined that Niagara Falls cemetery fees compare favourably with other cemeteries and therefore no major increases are recommended for this year. For example, Niagara Falls' Interment Rights Sales (lot sales) are on the high end at $860. compared to St. Catharines at $804 and Pleasant View starting at $850, however, we compare favourably with Kitchener ($880), Waterloo ($890) and Owen Sound ($840). Niagara Falls is also on the high end for Interment fees at $660 compared to St. Catharines at $560 and Pleasantview at $750. Comparisons outside the Region indicate that Burlington and Brantford's interment fees are slightly higher at $675 and $707 respectively. It should be noted that Niagara Falls is the only municipality that includes a tent set up as part ofthe interment fee, therefore a higher rate is justified. Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services .. February 23, 2004 - 2 - R-2004-03 Staffis, however, recommending two changes to the 2004 Cemetery Fee Schedule. The first is a $50 administration fee for a "Double Cremation". More and more people are wanting to inter two cremains at the same time in one opening. The current price for a cremation intennent is $185. Rather than charge full price for the second intennent it was felt that an administration fee for the second urn would be a fair compromise. A survey of thirteen cemeteries was conducted in October 2003 and it was found that five municipalities charged a fee for the second cremation intennent, while seven indicated that they do not charge an extra fee. The municipalities that do charge a fee range from a $100 surcharge for the second urn (Guelph), half the intennentprice for the second urn (Oakville) and full price for the second urn (Niagara-on-the-Lake, Thorold and Fort Erie). The municipalities that do not charge an extra fee indicated that a double cremains intennent rarely or never occurs and therefore did not have a reason to include the price in their fee schedule. The second fee increase relates to the "Small Marker Setting". The current rate is $36, however, a comparison with other cemeteries indicates that the Niagara Falls fee is at least halfthe fee of other municipalities (St. Catharines, $67; WeIland, $70; Burlington, 100; Waterloo, $80; and Owen Sound, $75). An increase to $50 will offset the cost for this service as well as bring it closer in line with other municipality's fees. The large marker setting fee is $80 which is comparable to other cemetery's fees. Conclusion The Mayor and City staff met with representatives of the local Death Care Services Industry on February 11 th to review the proposed 2004 Cemetery Charges. The increase in the above noted fees was met with a favourable response. Council's concurrence with the recommendations contained in this report would be appreciated. Prepared by: Respectful;b;Z¿/ hn MacDonald hief Administrative Officer ~~ Cynthia Roberts Supervisor of Cemeteries Adele on Director of Parks, Recreation & Culture CR/das Attachment S:\Council\Council 2004\R-2004-03 Proposed Cemetery Fees.wpd CITY OF NIAGARA FALLS PARKS, RECREATION & CULTURE CEMETERY FEE SCHEDULE EFFECTIVE APRIL 1, 2004 Adult Single Lot Preferred Adult Single Lot Adult Two Lot Plot Preferred Adult Double Lot Adult Three Lot Plot 516.00 576.00 1032.00 1152.00 1548.00 2064.00 3096.00 153.00 117.00 258.00 318.00 344.00 384.00 688.00 768.00 1032.00 1376.00 2064.00 102.00 78.00 172.00 212.00 860.00 960.00 1720.00 1920.00 2580.00 3440.00 5160.00 255.00 195.00 430.00 530.00 Adult Four Lot Plot Adult Six Lot Plot Child/Infant Single Lot (Fairview) Stillborn Sin Ie Lot (Lundy's Lane) Cremation Plot (Four Lots) Preferred Cremain Plot 60.20 67.20 120.40 134.40 180.60 240.80 361.20 17.85 13.65 30.10 37.10 920.20 1027.20 1840.40 2054.40 2760.60 3680.80 5521.20 272.85 208.65 460.10 567.10 Adult Casket Burial 650.00 10.00 660.00 46.20 706.20 Child Casket Burial 310.00 10.00 320.00 22.40 342.40 Infant/Stillborn Casket Burial 186.00 10.00 196.00 13.72 209.72 Cremains Urn Burial 185.00 N/A 185.00 12.95 197.95 Cremains Scatter Burial (Fairview) 110.00 N/A 110.00 7.70 117.70 Cremains Urn Burial - Double Admin. Fee 50.00 N/A 50.00 3.50 53.50 Interment Cancellation - Casket 260.00 N/A 260.00 18.20 278.20 Interment Cancellation - Urn 115.00 N/A 115.00 8.05 123.05 Adult Single Lot 774.00 516.00 1290.00 90.30 1380.30 Adult Two Lot Plot 1548.00 1032.00 2580.00 180.60 2760.60 Adult Three Lot Plot 2322.00 1548.00 3870.00 270.90 4140.90 Adult Four Lot Plot 3096.00 2064.00 5160.00 361.20 5521.20 Adult Six Lot Plot 4644.00 3096.00 7740.00 541.80 8281.80 Childllnfant Single Lot (Fairview) 231.00 154.00 385.00 26.95 411.95 Stillborn Single Lot (Lundy's Lane) 174.00 116.00 290.00 20.30 310.30 Cremation Plot (Four Lots) 387.00 258.00 645.00 45.15 690.15 Adult Casket Burial 975.00 10.00 985.00 68.95 1053.95 Child Casket Burial 465.00 10.00 475.00 33.25 508.25 Infant/Stillborn Casket Burial 280.00 10.00 290.00 20.30 310.30 Cremains Urn Burial 278.00 N/A 278.00 19.46 297.46 Cremains Scatter Burial (Fairview) 165.00 N/A 165.00 11.55 176.55 Cremains Urn Burial - Double Admin. Fee 50.00 N/A 50.00 3.50 53.50 Interment Cancellation - Casket 390.00 N/A 390.00 27.30 417.30 Interment Cancellation - Urn 172.00 N/A 172.00 12.04 184.04 PLEASE NOTE: 1) All Committal Service scheduling is at the approval of the Cemetery's Section based on location, weather, staff availability & the number of services requested by Funeral Directors per day 2) Monday to Friday Interment Services (except on statutory or City holidays) may be scheduled, subject to Cemetery's Section approval, between 10:00 a.m. & 3:15 p.m. only. Saturday Interment Services may be scheduled, subject to Cemetery's Section approval, between 10:00 a.m. & 1:00 p.m. only. 3) Sunday & Statutory Holiday Interment Services may be scheduled, subject to Cemetery's Section approval, between 11 :00 a.m. & 2:00 p.m. 4) A "scheduled" Funeral late arrival & other interment surcharges will apply as indicated in the Cemetery Fee Schedule - "Interment Surcharges" 5) Funeral late arrivals will be subject to an additional fee for "funeral crew standby", as indicated in the Cemetery Fee Schedule - "Interment Surcharges" 6) Funeral Directors are responsible for advising families, in advance, of potential funeral late charges & applicable surcharges. CEMETERY FEE SCHEDULE APRIL 1, 2004 Interment Rights Transfer Interment Rights Exchan e Interment Rights Replacement/Du liGate Double Cremain Interment/Com anion Urn Cemetery Records Search 45.00 45.00 22.00 50.00 25 per hr. 3.15 3.15 1.54 3.50 1.75perhr. Foundation Concrete/Cubic Foot Supply & Install Foundation Installation (Minimum Charge) Veteran Upright Marker Setting Small Flat Marker Settin Under 172 S uare Inches Lar e Flat Marker Setting Over 172 Square Inches Comer Markers Setting (Per Set of 4) -. "'. .., . ..'. 19.00 223.00 80.00 50.00 80.00 45.00 1.33 15.61 5.60 3.50 5.60 3.15 48.15 48.15 23.54 53.50 26.75 per hr. 88.81 26.75/ 1/4 hr 315.65 404.46 163.71 90.95 258.94 37.45/1/4 hr 171.20 346.68 167.99 84.53 26.75 53.50 20.33 238.61 85.60 53.50 85.60 48.15 ., Adult/Child Dis-interment Only. Adult/Child Re-interment Infant/Stillborn Dis-interment ani. Infant/Stillborn Re-interment Cremains Dis-interment Only. Cremains Re-interment . Remains are removed from Municipa/ Cemetery PLEASE NOTE: 1) Dis-interments will take place on a day, & at a time determined by the Cemetery Section 2) Dis-interments may be scheduled from May 1 st to November 1 st only 3) Dis-interments not in a vault will be contracted out & will be the responsibility of the Funeral Director 4) The Funeral Director is responsible for the scheduling & all related costs of: - casketlvaultlurn removal - vaultlurn unsealing & resealing - Nia ara Regional Health Unit 915.00 1500.00 340.00 470.00 168.00 345.00 64.05 105.00 23.80 32.90 11.76 24.15 S:ICemeteriesIADMINISTRA TIONICouncil ReportlCemfee 979.05 1605.00 363.80 502.90 179.76 369.15 Community Services Department R-2004-08 Parks, Recreation & Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Adele Kon Director ...",.....- Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 akon@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-08 Ice Resurfacing Equipment RECOMMENDATION: That the ice resurfacing machine be purchased at a cost of$7l,829. (taxes included) ITom Frank 1. Zamboni & Co. Ltd. BACKGROUND: The new ice resurfacing machine will replace a l2-year-old machine at Chippawa Willoughby Arena. The old machine is being traded in for $7,000 and a credit is reflected in the purchase price. The cost for the acquisition of a new ice resurfacing machine was included in 2003 Capital Budget and funding is provided in the Arena Special Purpose Reserve. Adele Kon Director of Parks, Recreation & Culture Respœtfull~u~ ohn MacDonald . Chief Administrative Officer AK/das S:\Council\Counci12004\R-2004-08 Ice Resurfacing Equipment.wpd Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services n Community Services Department R-2004-10 Parks, Recreation & Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Adele Kon Director ~ Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 akon@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-10 Cell Phone - PDA Usage in Recreation Facilities RECOMMENDATION: That Council endorse the attached policy regarding the use of all Cell Phones and PDA' s (Personal Digital Assistant) Usage in Recreation Facilities. BACKGROUND: As a result oftechnological advancements, whereby cameras are now integrated into cell phones and PDA's allowing photographs to be taken, Ontario Recreation Facilities Association (G.RF.A.) released a Facility Alert recommending that Municipalities to prohibit the use of cell phones and FDA's in all Recreation Facilities. Currently, the City of Pickering, Town of Aj ax and the City of Waterloo have all developed policies and/or signage to bring awareness to this problem. Signage should be created and posted immediately in all Recreation Facilities. Cell phones now take better pictures than camcorders and the infonnation can be sent from the camera instantly, removing any evidence. Attached is a copy of the proposed policy and signage that can be posted. Prepared by: .~ 1v1:ß ðJ4, Respectfully SUbm~itted: . ViÆ £lei J hn MacDonald hief Administrative Officer Rob McDonald Assistant Community Development Coordinator R~:£ ,,~ Director of Parks, Recreation & Culture RM/das Attachments S:\Council\Council 2004\R-2004-10 Cell Phone - OPA Usage.wpd Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services DEPARTMENT: DATE EFFECTED: POLICY: Community Services Cell Phone - PDA Usage in February 23, 2004 Recreation Facilities PARKS, RECREATION & CULTURE Report: R-2004-10 SECTION: 1000.48 Page 1 of 1 The Corporation ofthe City of Niagara Falls is committed to providing a comfortable environment with privacy for each patron while using City of Niagara Falls recreational facilities. 1. The purpose of the Cell Phone/PDA Usage Policy is to prevent use of cell phones and personal data assistants (PDA's) in changing areas and washrooms in the City of Niagara Falls' recreation facilities, with the exception of authorized emergency personnel. 2. This policy is a result oftechnological advancements whereby cameras are now integrated into cell phones and PDA's allowing photographs to be easily taken without an individuals knowledge or consent. This policy is intended to protect an individual's privacy while showering, changing, etc. Attention All Recreational Facility Users Effective immediately, the use of all Cell Phones and Personal Digital Assistants (PDA's - Palm Pilot, Blackberry, etc.) will not be permitted in any changeroom or washroom in any City of Niagara Falls recreational facility. The City of Niagara Falls has made this decision as a result of the integration of cameras in cell phones and PDA's. Weare committed to providing a comfortable, safe environment with privacy for each patron of our recreational facilities. We request that you report any patron who is using a cell phone or PDA in a changeroom or washroom immediately to a City of Niagara Falls staff. Thank you for your assistance. Community Services Department R-2004-11 Parks, Recreation & Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Adele Kon Director ~ Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 akon@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-11 - Parks, Recreation & Culture Strategic Plan RECOMMENDATION: That the cost of approximately $50,000 to update the strategic plan be referred to the capital construction budget. BACKGROUND: The members of the Arts & Culture Commission passed a motion requesting that the Parks Recreation and Culture Strategic Plan be updated. They also requested that their motion be sent to both the Recreation Commission and Trail & Bikeway Committee. This was done and both bodies supported the Arts & Culture Commission motion. The current strategic plan was approved in principal by Council in December 1994. The majority of recommendations have been completed and therefore updating is necessary. The project has been referred to the 2004 capital construction budget. 2:£ Adele Kon Director of Parks, Recreation & Culture AK/das Respectfully subm~ted: - Il ~~ J hn MacDonald hief Administrative Officer S:\Council\CounciI2004\R-2004-11 - Parks Recreation & Culture Strategic Plan.wpd Working Together to Serve Our Community Municipal Works. Fire Services. Parks, Recreation & Culture' Business Development. Building & By-Law Services