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2004/04/19 PLANNIN G/CO UN CIL MEETING Monday, April 19, 2004 Order of Business and Agenda Package , . ". PLANNING MEETING ADril19.2004 1. PRAYER: Alderman Victor Pietrangelo 2. 0 CANADA: Ms. Natalie Audibertwill sing the National Anthem. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PLANNING MATTERS ITEM NO. 19 Public Meeting AM-14/2004, Zoning By-law Amendment Application 6876 Thorold Stone Road Applicant: Petro Canada Inc. Proposed Retail Store Accessory to a Gasoline Bar Background Material: Recommendation Report: PD-2004-31 -AND- Correspondence from Regional Niagara, Planning & Development Department ITEM NO. 20 Public Meeting AM-15/2004, Zoning By-law Amendment Application 5881 Thorold Stone Road Applicant: Muller Properties Ltd. Proposed Recreational Use (Indoor Soccer Dome) Background Material: Recommendation Report: PD-2004-32 - -._~--- --_.~----~~--~~- - 2 - -AND- Correspondence from Mr. Richard Bevington Correspondence from Mr. Joseph De Lazzer ITEM NO. 21 Public Meeting AM-13/2004, Zoning By-law Amendment Application Stanley Avenue (West Side); Thorold Stone Road (North Side) Applicant: 1578891 Ontario Ltd. Proposed Industrial Development Background Material: Recommendation Report: PD-2004-38 -AND- Correspondence from Arnold Traven Correspondence from Regional Niagara, Planning & Development Department ITEM NO. 22 Public Meeting AM-10/2004, Zoning By-law Amendment Application 8675 Montrose Road Applicant: Simo Bielich Request to Locate a Body-Rub Parlour within an existing Hotel Building Background Material: Recommendation Report: PD-2004-39 ITEM NO. 23 Public Meeting AM-45/2003; Zoning By-law Amendment Application 6269 and 6293 Dorchester Road Applicant: 1211990 Ontario Inc. Agent: Richard Brady, Planner Proposed Three-Storey Apartment Background Material: Recommendation Report: PD-2004-37 - 3 - -AND- Correspondence from Richard F. Brady Correspondence from Darcy Raven & James Beauparlant Correspondence from Robert Lalonde & Shelagh Lalonde Correspondence from Ernest Dragonette Correspondence from Eugene Oatley & Patricia Oatley Correspondence from Joan London Correspondence from Chris & Mary Antaya Correspondence from Dr. & Mrs. V. Vasic Correspondence from Klaus Dunker ITEM NO. 24 Public Meeting AM-O6/2004, Official Plan & Zoning By-law Amendment Application Part Township Lot 8, Biggar Road Applicant: River Edge Holdings (Bob Robinson) Agent: Tom Richardson, Solicitor Proposed Contractor's Shop/Office & Yard Background Material: Recommendation Report: PD-2004-34 -AND- Correspondence from Chuck & Karen Farrell ITEM NO. 25 Public Meeting Garner Estates Phase 5, Draft Plan of Subdivision Owner: River Realty Development (1976) Inc. Background Material: Recommendation Report: PD-2004-36 - AND - Correspondence from the District School Board of Niagara BUDGET MATTERS The Chief Administrative Officer will be presenting and handing out the final draft of the Capital Budget -AND- Mr. Clyde Carruthers, Trails & Bikeway Committee, wishes to address Council on the matter. .-.- --_._-_.._-----~ ,. - 4 - -AND- Correspondence from Mr. Gord Singleton -AND- Mr. Russell Boles, EP&G Committee wishes to provide a power point presentation on "Investment in Beautification". REGULAR COUNCIL ADOPTION OF MINUTES: Regular Council Minutes of April 5, 2004. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Victorian Order of Nurses - Re: Proclamation - requesting that Council proclaim the week of May 17-23, 2004 as "National VON Week". RECOMMENDATION: That the request be approved. 2. Memorandum from the City Clerk - Re: Proclamation - requesting that Council proclaim the week of May 2-8, 2004 as "Emergency Preparedness Week". RECOMMENDATION: That the request be approved. 3. Parks, Recreation & Culture - Re: Proclamation - requesting that Council proclaim April 30, 2004 as "Arbor Day". RECOMMENDATION: That the request be approved. 4. Joseph Montgomery Consultants - Re: Canadian Cancels featuring Niagara Falls Centennial - refers to Canada Post's program whereby municipalities can feature their special assets or celebrations via a special Canadian Cancel and suggests the City's participation featuring "The Most Famous Address in the World" celebrating the City's Centennial. RECOMMENDATION: For the consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. - 5 - REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chair) FIRE SERVICES MATTERS 1. Chief Administrative Officer FS-2004-09, Command Vehicle Purchase LEGAL MATTERS 1. Chief Administrative Officer L-2004-21 , Peterson Community Workshop Association (Chippawa) and The Corporation of the City of Niagara Falls Lease Amendment Agreement. Please note: Ms. Faye Andrews, Chairperson, Peterson Community Workshop wishes to address Council on the matter. 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-2004-08, Municipal Election Finances; 2. F-2004-22, Approval of Spending Limits, Prior to the Approval of the 2004 Budget Estimates; 3. F-2004-23, Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of the Municipal Act; 4. F-2004-24, Development Charges, 2003 Financial Information; 5. F-2004-25, 2003 Reserves and Reserve Funds; 6. F-2004-26, 2003 Capital Accounts; ---- .. - 6 - 7. F-2004-27, Major Receivables Quarterly Report; 8. MW-2004-68, Contract 2004-04, Tender 2004 Asphalt Patching; 9. PD-2004-33, 2003 Housing Monitoring Report; 10. R-2004-13, Patrick Cummings Memorial Sports Complex, Phase IB, Landscape Development, Tender TR-04/2004. RATIFICATION OF IN CAMERA SESSION BY-LAWS His Worship Mayor Salci will request whether there is anyone present that has any concerns as to the closing of the former McLeod Road. 2004-76 To permanently close part of a highway. ..... The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2004-77 To authorize the acceptance of a Transfer/Deed of Land respecting the transfer of lands for public highway purposes, being Part of Lots 101 and 102 Geographic Township of Stamford, designed as Part 3 on Plan 59R-9036, City of Niagara Falls ("subject lands") from The Regional Municipality of Niagara, for nominal consideration. 2004-78 To establish Part of Lots 101 and 102 Geographic Township of Stamford, designated as Part 3 on Plan 59R-9036, City of Niagara Falls as a public highway, to be known as and to form part of Beaverdams Road. 2004-79 To amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2004-80 To amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2004-81 To amend By-law No. 79-200, to permit a single detached dwelling to be used as a tourist home. ----------- - 7 - 2004-82 To amend By-law No. 79-200, to permit a gasoline bar and an accessory retail store on the southeast corner of Thorold Stone Road and Dorchester Road. 2004-83 To provide for the approval of an amendment to the City of Niagara Falls Official Plan (OPA #52, Hodgson, 6057 Drummond Road) 2004-84 To amend By-law No. 79-200, to permit two offices and a dwelling unit (AM- 01/2004, Hodgson, 6057 Drummond Road) 2004-85 To adopt, ratify and confirm the actions of City Council at its meeting held on the 19th day of April, 2004. NEW BUSINESS Corporate Services Department PD.2004-31 Planning & Development Doug Darbyson The CIIy of l~ 4310 "'OM """ Director P.O. Box 1023 Niagara Falls Niagara Falls, ON L2E 6X5 Canada !!'3 web site: www,city.niagarafalls.on.ca ..., --- - Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: plannl ng@city.nia9arafalls. 0 n.ca April 19, 2004 His Worship Mayor Ted Saki and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-31, Zoning By-law Amendment Application AM-14/2004, 6876 Thorold Stone Road Applicant: Petro Canada Proposed Retail Store Accessory to a Gasoline Bar RECOMMENDATION: It is recommended that: I) Council approve the requested Zoning By-law amendment application to pannit a retail store as an accessory use to a redeveloped gasoline bar on the subject lands; and 2) Council pass the amending by-law appearing in Council's agenda. * That the area business owners be involved in the site plan process* BACKGROUND: Petro Canada has requested an amendment to the Zoning By-law for the land known as 6&76 Thorold Stone Road, as shown on Schedule 1. The amendment is requested to pannit a retail store to be established on the land as an accessory use to a redeveloped gasoline bar, as shown on Schedule 2. The land is cUITently zoned Automobile Service Station and Gasoline Bar (AS) zone. The zoning ofthe land is requested to be changed to a site specific AS zone to permit the accessory retail store and to adjust a number of the regulatory provisions that would guide the development of the site. Surrounding Land Uses The subject land is within a commercial node at the comer of Thorold Stone Road and Dorchester Road and is mainly sUITounded by neighbourhood commercial uses. Working Together to Serve Our Community Clerks Finance ' Human Resources Information Systems Legal Planning & Developmenr , , , . .. ~ -----~----- ~---~---- -----~----~---~-- April 19, 2004 -2- PD-2004-31 Circulation Comments . Regional Municipality of Niagara There are no concerns with this small-scale retail operation. There may be internal circulation problems given the arrangement of the gas pumps directly behind the parking spaces situated in front of the new store. The City should satisfY itself at the site plan stage that this layout provides for the safe movement of vehicles. (This comment will be addressed through site plan control) Regional Planning staff is not opposed to the approval of the proposed Zoning By-law amendment from a Regional or Provincial planning perspective. . Municipal Works In accordance with the Dorchester Road Environmental Assessment, a 1.5 metre road widening is required on Dorchester Road to provide an ultimate width of27.5 metres, and a 12 metre by 12 metre daylight triangle is required on the southeast corner of Thorold Stone Road and Dorchester Road. Existing service laterals should be used for the proposed expansion. Adequate sidewalks exist on both Thorold Stone Road and Dorchester Road. . Parks, Recreation & Culture No objections, however, this proposal should be reviewed in light of the Dorchester Road Environmental Assessment. Planning Review The following is a summary of staffs assessment of the application. 1. The proposal complies with the intent and purpose of the Official Plan. The subject land is designated Minor Commercial in the Official Plan. Lands under this designation are intended to be used for a wide range of small-scale retail outlets, personal service shops and offices to serve a segment ofthe population. The Official Plan also regulates the location and design of automobile service stations. These uses are to be located adjacent to arterial roads to minimize the impact of vehicular movement. Significant areas of landscaping are to be provided to compensate for the paved areas. No outdoor storage is pennitted. April 19, 2004 .3. PD.2004.31 The proposal complies with the Official Plan as follows: . The proposal is a small-scale retail unit that fits in with the intent of the Minor Commercial designation; . The site is located at the intersection of two arterial roads and away from residential uses; . The proposed expansion will retain the existing landscaping at the south end of the site. An increase in the width ofthe landscaping strip along Thorold Stone Road is recommended; and . The design ofthe site will not allow for any outdoor storage. 2. The requested amendment is appropriate for the site. The property is currently zoned AS. This zoning permits an automotive service centre, gas bar and car wash. The applicant has requested a site specific amendment to permit a 217 square metre (2,330 sq. ft.) building with about 126 square metres(I,350 sq. ft.) of retail area and 91 square metres (980 sq. ft.) for gas bar operations. In addition, an increase in the permitted building height (from 5 metres or 16.4 feet to 5.5 metres or 18 feet), a reduction in the building setback from Dorchester Road (from 10 metres or 32.8 feet to 9.6 metres or 31.5 feet) and an increase in building lot coverage (from 5% to 12%) are being sought. Relief is also being sought from the provisions of the by-law reserving land for a road widening. This only affects the setbacks from Thorold Stone Road, as the current width of Dorchester Road is in keeping with the By-law requirements. The addition of convenience stores to service stations is a province-wide trend and represents a use that would be complementary to the sale of gasoline. There are no concerns with the proposed use. This is the second recent proposal the City has had for a gasoline bar/convenience store development. Earlier this year, the Committee of Adjustment approved a minor increase in the size of a retail store (already permitted) accessory to a new Sunoco Station which is proposed at the southwest comer of McLeod Road and Pin Oak Drive. The relief being sought from the development standards is appropriate for the following reasons: . The minor increase in height to accommodate a slightly higher canopy would result in development that is still lower than what is permitted on adjoining lands; . The larger side yard setback requirements and lesser coverage requirements for gas bars are intended to provide ample room for vehicle movements and generous landscaping. The minor reduction in the external side yard setback and increase in coverage would still allow for proper vehicle queuing and movements and a larger area of landscaping; and, . As a road widening has already been taken along the Thorold Stone Road frontage ofthe property, and the Region has indicated it has no further needs for widenings, a widening of 1.5 metres (5 feet) will be taken along Dorchester Road in accordance with the recommendations of the Environmental Assessment. The provision reserving land for future road widenings has become redundant for the property and should be removed. April 19,2004 - 4 - PD-2004.31 CONCLUSION The proposed retail (convenience) store is in conformity with the Official Plan and is complementary to the main gas bar use. The requested amendment can be supported. Prepared by: Respectfully submitted: ~4~ ~tMcthh/ Andrew Bryce John MacDonald Planner 2 Chief Administrative Officer Recommended by: ~~ Doug Darbyson Director of Planning & Development Approved by: -j~. T. Ravenda Executive Director of Corporate Services AB:pb S,IPDR\20041PD2004-31 , AM-14-O4. Petro Caoada_wpd ~CHED ULE 1 LOCATION MAP Subject Land ~ THOROLD STONE RD 0 '" ffi \ñ w :c u 1 8 ffËJI Amending Zoning By-law No. 79-200 ~ Local; on' 6876 Thomld Stone Road I Applicant: Petro-Canada Inc. AM-14/2004 INTS l<\GlS_R",~"~OO4\Scl"d"I~\Zo";"gAM\AM-I4""'pp"'g_.p' MM,h'OO4 . '" SCHED ULE 2 . r- -- -0-- -.- --.-- --,----'--- --.--. -- .---- -- ------=,.-.... - -...-.-."- --. .~"-__=:~?R?L3."~~~~~~?AD_",~¿-:;:;;-=:R~<;;!.O;"L~~~!-"-.~~.~-~c=---'- : i 7.ü=':::::;':.. ..... ,.~.---~...---' . --.. ---------------------------- -"" ----i. --. --.- --.--"". '."'.'-'-'~.'- -".'c""~"'"... ii!iil¡(~~9~~ 'II I I "'~Ii<'l.. . '. .. -.- ..O'- ilj " 1:'! : tiLl : [;J" . ,'", ' j-L, 'II , I (..1"1....' ~.---' ~ ".le.l"'-' ;' ~ : "iI, I ' - '-;' ,:1"') ¡ I I,ll.!: ..è;;j"! . ! I :!¡¡~i~\,(¡" '" þ~--,'.:,~:.: ~ '11'\ t '." I i. .- , ,,: ~ . : : ¡ I~ I' , ~II : ',I. j : I .: ' .- ~ I I . I ", '. ~1~li:I'~¡;:;i ~~ ¡¡II, , - I I-! " ~,í¡II':~:':¡.' ~ 0' , , I .' " , ~'!: !~. -" : I. ' , III> 1\ . I' --, ;. t~: 1\. : II :: I' ~ . 'I' . . I.. '.! !f,j! ¡ ~i :I:i : II,,! 1:']11' 'i, jl, I"~ , ;1.1,1 ¡Ii: ~ ~I¡I\. I" I' I , . :, 'I ,i: I ¡ i. I" '--I' 'i : II' ..~ --L ! , I I' I'-, Ii, ,.1' I ì'; Ii ~ In II .ft In II ~E I ~n ê . S ~ ~. II I ~L ~~ ~ ~I'IIEi-- ~~~ ~~ '¡"II'ln ~.~ ~: , , , , . , 1~!iII , . JI iii 1'I'JIIf!8~~Ij¡~J EI ~ I J I I 'I I~~ ! ¡;~ I ì ¡ ¡¡: ¡1111 h.;.';;, 1:1' ~gh~; iì~~:.~ j~~ ¡;.~ 1, ~"'I~!¡¡ po :D = : II ã ¡¡ j~~ . ~ , i ~~ ~ ~!.I ~" 3: m . . .; ~~E . Ii -ralf~ <r Þ- () .. tl II ¡ ~ "~ti " §~ Ii ~>. mÞ= ~~ B re ~N "¡-g!'j' Orz , m B ¡B ~ e ~h .~ ~~. ¡; G!õ z ~ ~ ~ ~ :. ~~ : '".!J "ΕΎ'" < ~ .." r~. .. ¡¡ !~a'" ~(i)~m ì' ~ ~I~ ~ 0 ! gg ~ FIegionaJ PLANNING AND DEVELOPMENT DEPARTMENT NIAGARA The Regional Municipality of Niagara 3550 Schmon Parkway. P.O. Box 1042 ,"..tr<V' Thorold, Ontario L2V 4T7 "'a""",o Telephone: (905) 984-3630 "conned Fax: (905)641-5208 3-.<;:-Jl AI &:.;J E-mail: pl¡¡¡n@regional.niagara.on.ca April 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~aw Amendment AOOn"l;on r R E eEl V ED Southeast Corner of Thorold Stone Road (Regional Road. 7) and Dorchester Road APR - 8 2004 Petro-Canada Inc. City of Niagara Falls .. PLANNING Your File: AM-14/2004 JI. DEVEL()PMENT This application proposes to amend the City's Zoning By-law to permit a retail store in conjunction with the redevelopment of the existing gas bar situated on the above referenced property. These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and designated Minor Commercial in the City's Official Plan. The proposed retail outlet will be a small scale convenience store operation. While there are no concerns with the proposed use, there may be local site planning issues associated with landscaping or the proposed realignment of gas pump islands. In particular it appears that there could be internal traffic circulation problems given the arrangement of gas pumps proposed directly behind parking spaces to be situated in front of the new store. The City should be satisfied that this layout provides for the safe movement of vehicles. Comments from the Regional Public Works Department should be regarded in terms of traffic and entrance requirements near the intersection of Regional Road 57 (Thorold Stone Road) and Dorchester Road. Regional Public Works staff are completing their review of this application and their comments will be forwarded in the near future. Regional Planning staff is not opposed to the approval of the proposed Zoning By-law amendment from a Regional or Provincial planning perspective provided that any requirements of the Regional Public Works Department are implemented. . III 2 Please send notice of City Council's decision on this application. Yours truly, OO~ Peter Colosimo, MCIP, RPP Senior Planner C: Councillor W. Smeaton W. Stevens, Regional Public Works M :IMSWORD\PCIN F zbla \68 76ThoroidStone PetroCanada. doc Corporate Services Department PD-2004-32 Planning & Development Doug Darbyson The City of 1~ 4310 au... """ Director P.O. Box 1023 Niagara Falls Niagara Falls. ON L2E 6X5 Canada ~ web site: www.clty.nlagarafalls.on.ca --- ~ ~. Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.nlagarafalls.on.ca April 19, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council Ci~ofNiag~aFal~,Onmrio Members: Re: PD-2004-32, Zoning By-law Amendment Application AM-15/2004, 5881 Thorold Stone Road Applicant: Muller Properties Ltd. Proposed Recreational Use (Indoor Soccer Dome) RECOMMENDATION: It is recommended that: I) Council approve the Zoning By-law amendment application to permit a recreational use (indoor soccer dome) to be established on the subject lands conditional on the completion of a traffic and p~king study to the satisfaction of Municipal Works; 2) the amending by-law restrict the use of the p~cel to a recreational use only, subject to the site specific standards outlined in this report and include a "Holding" provision which is to be removed when Provincial environmental requirements ~e satisfied. * that soil contamination testing be performed & further, that the BACKGROUND: neighbours be involved in the site plan process.* Muller Properties Ltd. has requested an amendment to the Zoning By-law for a 0.9 hectare (2.2 acre) portion of the lands known as 5881 Thorold Stone Road, as shown on Schedule 1. The applicant has concurrently submitted a consent application (B-08/20Q4/NF) to create the lot which will front onto Sinnicks Avenue. The amendment is requested to permit an indoor soccer dome to be built on the proposed lot. Details of the development are shown on Schedule 2. The proposed lot is zoned General Industrial (GI). The applicant is proposing to add a recreational use as a permitted use for this new lot in order to pennit an indoor soccer dome. The balance of the site is proposed to be retained for industrial uses. Surrounding Land Uses The proposed lot is surrounded by single detached dwellings to the north, west and southwest, along Sinnicks A venue. The land the applicant proposes to retain is used for a varie~ of general industrial uses. Lands further to the south and east ~e also used for industrial purposes. Working Together to Serve Our Community Clems . Finance Human Resources Informetion Systems Legal Planning & Development . . .. --~~---~~-- April 19.2004 -2- PD-2004-32 Circulation Comments . Regional Municipality of Niagara - The reuse of these industrial lands for a recreational use is more appropriate for the area, subject to adequate buffering being provided for the residential area. - The Phase I Environmental Assessment report does not appear to assess the proposed parcel in detail and the parcel has been used for industrial storage. Therefore, a Phase 2 Environmental Site Assessment and a Record of site condition including soil testing will be requested as a condition of approval ofthe severance application. - There is adequate separation between the existing industrial uses, the CN rail line and the proposed use in accordance with the applicable Ministry of the Environment (MOE) guidelines. - As part of the site plan process, a noise assessment tailored to this property should be prepared by a qualified acoustical engineer to evaluate potential impacts and any mitigation measures in accordance with MOE stationary noise guidelines. . Building & By-law Services - All building permits to be obtained prior to commencement of construction. Any comments with regard to the Ontario Building Code to be addressed during the Site Plan approval process. . Municipal Works - A 2.44 metre (8 foot) widening will be required along the Sinnicks A venue frontage of the property to achieve the desired road width established in the Official Plan. - A traffic safety and parking study should be done to determine and mitigate measures on the road system, and to identifY the number of parking spaces needed for the facility. - A full range of underground services is available from Sinnicks Avenue. Sidewalks are located on both Sinnicks Avenue and Thorold Stone Road. . Economic Development - should ensure parking, access, lighting and change room facilities are adequate to serve the facility. . Parks, Recreation & Culture - No objections, however, the City is working on providing an indoor soccer facility in conjunction with the Home for Girls Soccer on Kalar Road, and plans are being finalized for the facility. It would be difficult to support two facilities, however, the proponent has a right to proceed with this request. April 19,2004 -3- PD-2004-32 In addition, letters have been received from residents close to the proposed facility. Concerns have been raised about the appropriateness of the site, potential traffic from the facility, adequacy of parking, fencing, buffering and lighting, hours of operation and the height of the dome. Neighbourhood Meeting On April 5, 2004 a neighbourhood meeting was held by the applicant. The residents in attendance raised a number of questions and concerns related to traffic, including the traffic generated and parking needs for the project, and concerns about speeding on Sinnicks Avenue. The applicant summarized the anticipated traffic generation, discussed in the attached correspondence from SoccerWorld Hamilton. As well, a number of concerns were raised about existing drainage and flooding, fencing, lighting and preservation of vegetation. Through further discussions, it appeared that these concerns could be addressed through site plan control. Some concerns were also raised about the existing industrial operations, including limited buffering and screening for nearby residences, noise and waste paper blowing off the property. Planning Review The following is a summary of staffs assessment of the application. 1. The proposal complies with the intent and purpose of the Official Plan. The subject lands are designated Industrial in the Official Plan. The predominant use of the lands is to be for industrial purposes. In order to accommodate changing market conditions and new development trends, the policies allow Council to consider amendments to the zoning by- law to pennit recreational uses within industrial districts. These recreational uses are to be restricted as to their location, size and extent of operation so that the industrial function is not to be diminished. Adequate provision is to be made for parking, traffic circulation and pedestrian safety. The Official Plan also stipulates that industrial zones are to be arranged in a graduation with lighter, more prestige type uses located close to residential districts. Heavy and general industrial zones are to be separated from residential areas, wherever possible, to protect such areas from the effects of noise, heavy traffic and other offensive characteristics. The proposed use confonns with the Official Plan as follows: The proposed lot does not front onto an arterial road or a controlled access highway and, therefore, does not need to be reserved for industrial uses that require high visibility locations. The location ofthe proposed facility, at a fringe of an industrial area, and the removal of the lot from the City's inventory of industrial land will not affect the integrity of the industrial area. The use is more compatible with the abutting residential uses than a general industrial use and represents an acceptable transition use between general industrial and residential . III April 19,2004 -4- PD-2004-32 land uses. The culTent use of the property for industrial open storage may not significantly impact nearby residences. However, a new general industrial use with the accompanying truck traffic could be established, having a greater impact on the abutting residences than a recreational use. A recreational use is a more appropriate use of the property. Generous landscaping will be provided to provide buffering, aesthetic appeal and help integrate the property into the sUITounding residential area. Site plan control would ensure adequate parking and functional traffic and pedestrian circulation are provided. 2. The requested amendment, with a "Holding" provision, is appropriate for the site. The property is cUITentIy zoned GI. This zoning pennits a wide range of industrial uses, including some heavier industrial uses such as a tannery, building materials manufacturing, fuel storage and a meat products plant. In addition, it includes a number of uses that may generate a considerable amount oftruck traffic, such as an equipment yard, contractor's yard and a truckinglshippingtenninal. As many of the uses are not compatible with residential uses, it is recommended that the amending zoning by-law restrict the use of the future parcel to recreational uses only. The amending zoning by-law should be utilized to ensure sufficient parking is being provided. The applicant has indicated the main use will be for hourly, five-on- five soccer matches. With two fields, this would generate 20 participants. There will be minimal numbers of spectators. Providing one parking space per participant would require 20 spaces. However, allowance must be made for overlap, with teams arriving and preparing while a game is on. Therefore, it would be appropriate for 40 spaces to be provided for the facility. It should be noted that the City's traffic section has recommended a traffic safety and parking study be undertaken for this project to ensure safe traffic movements and an appropriate number of spaces are provided. Should this study recommend a different number of parking spaces, this revised number should be used in the Zoning By-law as the minimum number of parking spaces. This study should be completed prior to the preparation and passage of the amending by-law. To further mitigate impacts on sulTounding residences, the following standards should be implemented in the amending by-law: Generous landscaping including strips of 3.7 metres (12 feet) abutting residential properties and 10 metres (33 feet) adjacent to Sinnicks Avenue. Closed board wood fencing of a minimum height of 1.8 metres (5.9 feet) abutting residential properties. The standards should mitigate the impact these uses would have on sulTounding residences. This parcel has previously been used for industrial storage. The Region has requested a Phase 2 Environmental Assessment be done on this parcel as a condition of approval. To address the Region's comments, this by-law should be subject to a "Holding" provision. Once this study and environmental issues are addressed and the above noted traffic and parking study completed to the satisfaction of Municipal Works, this "Holding" provision will be removed. April 19,2004 - 5 - PD.2004-32 3. Site Plan Control will ensure high standards of development for the site. Site Plan Control will be required for this development. Provision of fencing, landscaping, a paved parking area with proper drainage facilities and waste disposal facilities will be required. Floodlighting or security lighting for the facility will be required to be contained to the site. There has been some concern raised about noises generated by the inflation and heating equipment for the facility. The Region has requested a more detailed assessment be completed by an acoustic engineer. Through the site plan process, this assessment would be completed and any necessary mitigation measures implemented. CONCLUSION: The requested amendment can be supported for the following reasons: The use would comply with Official Plan policies reÆarding recreational uses in industrial area, and will not impact on the integrity of the SUIToun ing industrial area. The use is more compatible with sUITounding residences than a general industrial use and represents a transition between residential uses and heavier industrial uses. The zoning by-law amendment and site plan control will be utilized to regulate the development and mitigate impacts on the surrounding residential area. A "Holding" provision should be implemented with the amending by-law. This "Holding" provision will be lifted once environmental requirements are satisfied. ~~ Respect; ~r;;t Andrew Bryce ~OCD~"d Planner 2 hief Administrative Officer Recommended by: ~ ------- Doug Darbyson Director of Planning & Development A1QJ~ . T. Ravenda Executive Director of Corporate Services AB:pb S:\PDR\2004\PD2004-32, AM-15-04, Pmposed Indoor Soccer F,cility_wpd . "' SCHED ULE 1 LOCA TI 0 N MAP ~ Subject Land Amending Zoning By-law No. 79-200 ~ e Location: 5881 Thorold Stone Road ~ Applicant: Muller Properties Ltd. AM-15/2004 I:NTS K,\GIS_R'q",.'~OO4\&hoo""\Zoru"gAM\".M-IS,"",ppi"g,p, MM,h2004 1-- -~ - SCH¡EDULE 2 -'"' I ,,', _t~- J- ~)I S/NN/CKS A VE ---~ ',"OM""} --~- ,,~ ~ m:;~t:roNC .. ,~,.'"" ~ I¡ I ¡ P ¡ ! ¡a I , ,- , ' ôO '" . J. ¡¡ --- . ¡- ~ 1 ' ~ ; ~ ~ '" ~ QÇJ- - i ~ §.? "' ~ ¡, ZONING BY' LAW-If 3 GENERAL INDUSTmM ZONE" "' -. ¡ '. . DEwes SEGRON PROPOSED "" H~,,~m"'>N' "~ ,,- - - "",J OJ QÇJ ii ~ ¡¡ "" , 'i" ' oj "OJ , '~::mIUÕ) h; '" ~--. - ¡a '" ¡- - - ,--- ~" , ~- î §¡¡ --- ~~ ~ r p ANNING-~~ ", & DE ELOPMENT "" CROCAN r;:::1...~ f-'~!. --. .., ~~~RT5WORLDDOME....,_- ;EPlAN____- DESIGN l.ddI - ... ---. --- """0- ~. I"'" I"",,'" --. - ",""2.2004 lIT, . OlC ~..::.:':;:o -"'=--~ 5PORT5 WORlD DOME ------.-- ,~=~ ~¡¡:'~- ~ ooΕ“~-- ~"-- NIAGARA FALLS ONTARIO 0 I """"""'M...",,, ' -,----_.-------~-- . '" Vy, va,' LVVY "~.~Y JU~~"UU"U "~~ ~,.,,~~ ~~~'" ,~~~ UL.'V", An, 6, 1004 11:17PM No.O327 p. I SOCCER WORLD Hamilton 104 J!'rid Street lWnilton, Ontario, Canada L8P 4M4 Telephone: (90~) 521-8750 Ji'aalmiJe: (90S) 521-1142 E-Mail: info(iÙ8occl'rworld5Vstems.~(lJQ April 6, 2004 The City of Niagara Falls Planning and Development 4310 Queex\ Street r.o. Box 1023 Níagara Falls, Ontario L2E 6X5 Attention: Mr. Andrew Bryce CoPY to: Mr. Henry Muller Dear Mr. Bryce: This letter is in response to yo~ letter dated, :March 31, 2004 to Mr. Heory Muller regarding the propose soccer dome fàci1ity, located Oil Sinnicks Avenue. The facility we are proposing will be very similar to SOCCER WORLD Hamilton. which I om. the President and Owner. The proposed hours of opel1llion for the facility in Niagara. Fa1Is will be as follows; Monday to Friday 9:00 am to 11:00 pm, Satu.rday and Sunday &:00 am to 11 :00 pm. Thè fàcility will be at fo.U operation from October 15 to May 1 every year with minimal use during the balance of the year. The expeçtant traffic flow will be approximately 5 to 8 em per how between 9:00 am to 5:00 pm Monday to Friday and 10 to 20 ça '$ per hour between 5 :00 pm to 11:00 pm. On Saturday and Sunday fi:om 8:00 am to 11:00 pm, tile traffic flow will be 10 to 20 cars per hour. There will be a maximum of 44 participants playing in the facility at any one time. The fuçility will be designed for miniroal5pCOtator ~acity, maximum 20 people at any one time. Typie¡¡J. y in these facilities the spec1ator visitation is very mìnimal and we have also noted there is considerable use of car-pooling, drop offs and use of public 1:raΕ“portation. Please fiud enclosed an illustration of anticipated noise levels. The Farley Group, the company that will be supplying the air structure, has supplied this illustration. It should be noted it is oUt' intention to house the mechanical unit with enclosed pressure t!eated wood fencing, which will f\n'ther reduce any noise. The <wme itself will be opaque and însu1ated; this will fully block any interior light to the outside environment. Please feel free to contact me for any further clarification or additional information. ¿gF~ 1 1mΕ’b IÅpr. 6, 2004Je12:17PM519S215424 THE FARLEY GROUP No.O327 P~A~E 02/1'151 I hit.,. Manufac1:u 'll1 J Inc. Head Offi<o ph~n': (519) BZ1 -54,1 K"fth McEwen AssDciale. 550 Imperial Ro.dNO"h fax: (51~)8)1.54)4 " FoU~~U=:~ Gu.lph.Ont<lrl~.C¡n.d. N1H7M3 24 hr5I!fVi<tpl1: 1-ß8S'445-n23 fax: 1,8$&.445-3043 (f)° U,~Offl"" 9001 52Z I\Irloo Cou~. Sullo 101 "mal~ InfoGlhefart.ygroup.<om '-¡r..5u >porred SI:r1ICWI' $ Gr,"d ai,," Mldilgon. ViA -~ WYIW.Ih.farleygn¡lI I.com Introduction The following is comprised of observations from exI~ng air structure locations. In each caS!!, the olJtdoor sound levels of the heat Gnd inflation unit were examined and recorded using a digital sound level meter. Also recotd~ are the particulars of the time of yeat and the ClJlTent mode (i~. heat oft heat on...) of the heat and Inflation unit. Readings taken when the unit is in heat mode would be considered the highest sound levels, 8S both the inflation and heat motors are I1.Inning, Method of Testing Air Structur!! ~ ~ <II ... 1: Direction EE Measurments Direction AA Measurmel1t$ 'E: iit 20ft 10ft 3ft 3ft 10ft 20ft Æ ~ ~ g g ~ ~ õ õ .. '" I l"")*- ~ J~()4 -8 '6 ,~:g fT1 ~ 'S :ß :b'f' <1> '? &'. :ø ~ ~<r:~ § /,3'.0/- e .8 ~~ ,,~ I; O-?"7& .ê ~ .~ .ij; ~~- § ~ ~ u" ~-" ~ ä ~ ~ ~ ~ ... iΕ ~ .... Location/Description of Sound Barri@rs Summary Based on the $o\lnd level data collected, the following determinations can be made, 1,1he size of the heat and Inflation unit is a factor on the sound level produced by the unit, A large furnace will result in a \1igh dB reading at dose range ro the unit, as II smaller furnace produces lower readings. 2. !larrlers around the heat and inflation unit can shield the surroundin9 environment ,,"om the noIse produced by th~ unit. A fence can rl'Clure the sound level by more than 10 dB In mon cases, and trees or shrubs produce <In even greater decrease. Due to the fact that each site is unique. the Information compiled within this report can be used as a realistic model on whM to expect for noise levels for a new project S""ndle",¡'¡JQCu-,JonI7,ZOO1.do< . .. . No 0327 P, 3 . 'iApr, 6, 2004 f12:18PM5198215424 lHEFARLEYGRCIJ? PAm;: 1'13/GS Noise level Observation: Farley Group Manufacturing Facility Location: Guelph. Ontario, Canada Site Description: -located in an Industrial park - moderate to heayY street traffic - no sound barriers such 1$ fencing or trees Furnace: 2.50 Mbtu Heat and Inflation Unit Mode at Tim!! afT est; Heat on Ambient Noise level: 65 dB Date of Test January 15, 2001 Weather: Overcast and cold Air Structure 20ft 10ft 3ft 3ft rn GO dB 63 dB 67 dB 65 dB ~ - i ~ .£ ¡:;¡ .s C\ ~ .;. CI ~ "J ~ .;::18 ~ ~ :2 æ '\~ ""Ii': ~ ~ ~ ~ ,~ ~ ~°1' ~ .;::~ ~ <=>0 ~ -~ ~ ~~ ~~ ~ ~ .;::sg ~:g Parking Lot (þJw( I . ~'ö,;;"d i r' ! ii" .1:QtY.Lr) &::: i t.....~_o"o_'"" fI/1/-fS/.J.oO,! . April 7, 2004 Richard Bevington 3701 Sinnicks Avenue Niagara Falls, Ontario 12J 2G8 Fax No. 905-356-2354 Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attn: Mr. Andrew Bryce Re: Construction of SPOrts Dome on East Side of Sinnicks Avenue Dear Mr. Bryce: Though I believe the concept of an enclosed soccer complex is well overdue, I do not support the choice of site. My concerns are as follows: 1 d" not believe that a 45-60 car parking area would be sufficient to handle the amount of vehicles that this complex would attract, especìaJly during tournament events. Also, during winter months cars parked along Sinnicks A venue would restrictthe effectiveness of the plow. With increased traffic, players and spectators, the amount of noise increaSes along with the possibility of garbage being discarded around the area. In Conclusion: As I stated before, I support the use of a sports dome in Niagara Falls. However, I also believe there must be other non-residential sites which would better serve the purpose- ~w Richard Bevington RECEIVED APR - 8 2004 PLANNING & DEVELOPME_!'JT - -- -." ,-~ ~ _.,,-,,- ' - 'M___~' ~~ '-- ~nn7 mn ,~n . "' ..Jíp Planning - Scanned File Zo"J: ;vi., CL(~ks v f& March 29, 2004 Mr. Doug Darbyson Director of Planning and Development City of Niagara Falls, Mr. Darbyson, I am writing to you in regards to City File AM-I 5/2002; amendment to zoning for 5881 Thorold Stone Road, to allow for the development of an indoor soccer dome to front on Sinnicks Avenue. As a resident of Keith Street there are a number of concerns, outlined below, that I wish to express in writing for your consideration on this proposed development. . The new structure will be on the south side of my property. At a height of 36 feet, I am certain of a significant impact on the sunlight hours I will be receiving for my backyard and gardens. . Security lighting on the perimeter of the new structure, which I trust will be installed, will no doubt be illwninating my bedrooms all night long. . I have a question about noise, generated by the airflow system that will inflate and sustain the new soccer dome. . The provision of 23 parking spaces is not sufficient for one team. Increased traffic, and parking on Sinnicks Avenue, will obviously overflow onto Keith Street. . Tournaments, and regular games, in similar indoor venues are scheduled as early as 6:00AM on Saturdays and Sundays. I can't support this amount of increased activity in what has always been a quiet neighbourhood with a high senior citizen demography. There have been a nwnber of other issues and concerns already expressed by the neighbourhood, and I look forward to attending the meeting to see how this proposal will proceed. RECEIVED MAR 3 2004 PLANNING & DEVELOPMENT Corporate Services Department PD.2004.38 1h C"~ f j~PI_"'&D~I'pm", Doug Darby.on e I 0 4310 Queen Street Director Niagara Falls P,O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 ..., web site: www.clty.nlagarafalls.on.ca --- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: plannlng@city.niagarafalls.on.C8 April 19,2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-38, Zoning By-law Amendment Application AM-13/2004, 5755/5795 Thorold Stone Road West Side of Stanley Avenue (North of Tborold Stone Road) Applicant: 1578891 Ontario Ltd. Proposed Industrial Development RECOMMENDATION: It is recommended that: I) Council approve the Zoning By-law amendment application to provide site specific Light Industrial (11) zoning for the lands; and 2) the amending by-law include a "Holding" provision on the vacant Stanley Avenue site which is to be removed when Provincial envÎIomnentai requirements are satisfied. * and that Minerva Construction be included in the site plan process* BACKGROUND: Proposal The amendment is requested for a vacant 10.965 hectare (27.09 acre) property on the west side of Stanley Avenue and also the land known municipally as 5755/5795 Thorold Stone Road (Zavitz Trucking) as shown on Schedule 1. The vacant property is proposed to be divided through related severance applications (B03/2004/NF to B06/2004/NF inclusive) to provide a lot addition to the existing trucking business to the south, create three new lots for industrial use and maintain a large remnant parcel for future industrial lotting. Schedule 2 illustrates the proposed configuration ofthe lot addition (part 1), new lots (Parts 2, 8 & 9) and remnant land (parts 3, 4, 5, 6 & 7). The vacant site on Stanley Avenue is currently zoned Heavy Industrial (HI) and the Zavitz Trucking land on Thorold Stone Road is currently zoned General Industrial (GI). The applicant has requested the zoning of these properties to be changed to a site specific Light Industrial (11) zone that pennits limited office, recreational and commercial service uses and also to allow an increase in maximum building height fÌ"om 12 metres (39.4 feet) to 15 metres (49.2 feet). Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development . .. ---~---------- ._----~---~--~-------- April 19,2004 -2 - PD-2004-38 Circulation Comments Infonnation on the requested zoning amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received: . Municipal Works Conditions of approval for the related severances address service construction, grading and easement requirements. . Regional Public Works Stanley A venue improvements and a widening, stonn sewers and a warning clause regarding the nearby pollution control plant are conditions for the severances. . Regional Planning & Development The Region's Smart Growth principles support the redevelopment of such "brownfield" sites. The Region notes that financial incentives have been developed for this purpose and the City is undertaking a Community Improvement Plan for the area. From a Provincial review standpoint, a "Holding" provision is recommended to the Light Industrial zone to require completion of environmental studies on the vacant land. If the requested recreational uses are indoor activities, these should not be impacted by the surrounding industrial uses. Planning Review Various matters were considered in assessing the application. Based on this analysis, approval is recommended with a minor modification. The review ofthe amendment is summarized as follows: 1. The proposal complies with the policies of the Official Plan. The City's Official Plan designates the subj ect land Industrial which pennits a full range of industrial uses. In order to accommodate changing market conditions and new development trends, City policies pennit office, recreational, commercial servIce and other complementary development within industrial districts subj ect to approval of a Zoning By- law amendment. These additional uses are to be restricted with respect to location, size and extent as industrial areas are not intended to serve a significant commercial function. The Official Plan also promotes redevelopment within older industrial areas and recognizes the economic benefits of new industry. The site is located in a large industrial area, bounded by a railway line and has frontage on Regional roads. The proposed use ofthe vacant land will be compatible with the surrounding uses. April 19,2004 .3 - PD.2004-38 2. The requested site specific amendment, with a "Holding" provision, is appropriate. The Heavy Industrial (HI) zoning on the vacant Stanley Avenue land accommodated the historical use of the site (eg. General Abrasives, Treibacher Schleifi:nittel). With the exception of the former Cytec property to the southeast, the area is zoned for less intensive Light Industrial (Ll), General Industrial (GI) and Prestige Industrial (PI) uses. The Zoning By-law groups uses with similar characteristics and performance criteria to minimize potential land use conflicts among uses and protect adjacent land. Given the prominent gateway location of the property, the Ll zoning classification should be more appropriate and compatible and also ensures higher development standards for the land. Staff worked with the applicant to establish a list of site specific uses (see Appendix) to be added to the permitted uses in the Ll zone. The requested range of uses provides the developer flexibility in marketing the future lots. Part 1 on Schedule 2 is proposed to merge with the Thorold Stone Road land (Zavitz) and the combined property is to be rezoned to the special Ll category as well. The increase to maximum building height is considered acceptable and design details will be addressed through the Site Plan Control process. The previous industrial uses operating on the Stanley Avenue land have resulted in soil contamination. The applicant has submitted a report summarizing environmental investigations conducted on the property which indicates the contamination is located in the central portion of the remnant parcel with Part 4 being the most impacted. The applicant is currently undertaking a more detailed Phase 2 Environmental Site Assessment for the majority of the land that was found clean or slightly impacted by earlier studies. Depending on the results, additional analysis or cleanup may be needed. A Site Specific Risk Assessment is proposed for Part 4 to determine remediation measures and confirm that the proposed uses are appropriate with respect to environmental and health risks. The recently approved severances include conditions to satisfy Ministry of the Environmental requirements for the use of the land. Pending further environmental review, the zoning by- law should include a "Holding" provision as permitted under the Planning Act. This "H" designation will be removed when all environmental issues are addressed. If the required environmental studies indicate that any of the requested uses are not acceptable, the by-law will need to be amended. 3. The property is within a Community Improvement ptan area. The site is within a pilot project area for the redevelopment of former industrial (brownfield) lands as part of a Community Improvement Plan (CIP). The applicant is a partner in this project and will be contributing financially to the plan development. The purpose of the project is to establish a land use strategy and possible design guidelines for the area as well as various financial incentives. If development of the applicant's land proceeds prior to completion of the CIP, it is uncertain if such development would qualify for any government funding. CONCLUSION: The requested amendment would change the zoning ofthe land to a more appropriate and compatible category with increased development standards in this gateway location. The proposal complies with Official Plan policies. Environmental concerns for the use ofthe land are to be addressed in part . III April 19, 2004 .4- PD-2004-38 through conditions of approval for related severance applications. Further protection is afforded by including a "Holding" provision in the zoning by-law that will be removed when all environmental issues are satisfied. The requested amendment, as modified, is recommended for approval. Prepared by: Respectfully submitted: ~~ :t:~~ Richard Wilson Planner 2 Chief Administrative Officer Recommended by: '~- Doug Darbyson Director of Planning & Development Approved by: d~, T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:IPDR\20041PD2004-38, AM-13.04, 1578891 Ontario.wpd April 19,2004 .5. PD-2004-38 APPENDIX Additional uses in the site specific Light Industrial (Ll) zone for vacant land on the west side of Stanley Avenue (north ofThorold Stone Road) & 5755/5795 Thorold Stone Road (AM-13/2004): (a) Contractor, tradesman and material suppliers, office and shop with or without a wholesale and retail showroom and outlet inclusive of home and office furnishings or appliances and audio, video and electronic equipment. (b) Commercial services such as banks and other financial institutions inclusive of money exchanges, restaurants and coffee shops with or without drive-thru pick-up, print shop, personal service, service shop, computer service, secretarial services, one convenience retail store of not more than 300 square metres, postal courier, and delivery service, ambulance services. (c) Corporate offices. (d) Business and technical offices such as architect, surveyor, lawyer, planner, accounting and bookkeeping, interior designer, graphic designer, advertising agency, marketing and promotion, land development and associated real estate, construction management, clinical services, provided that not more than 465 square metres is devoted to each office. (e) Health centre, fitness facilities, assembly hall and private clubs. (f) Outside storage (eg. vehicle or equipment compound). (g) Cement manufacture. (h) Dry cleaning establishment. . "' SCHED ULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 ~ 9 Location: West Side of Stanley Avenue j and 5755 & 5795 Thorold Stone Road Applicant: 1578891 Ontario Ltd. AM-13/2004 I:NTS 1C\GIS_R,q",",~004\S<hol"I"""ru"gAM\M"13""'pp"'g",,, MM,h'OO4 SCHED ULE 2 =:-;:::;::=o~'~ , . ~~~~ . TOW"SHIP LOTS 60 . n ) , (PA"'~P..Tl,"""""""'" ',",,' PAR.T9 CIty~tIagor.FeBs """'D<' PA'-"~"^' , ",' ,- I .""", .""""UTI" """" , ..J'" , :"":-"!,,,-:'_'.d"";:~ , <"...;. ~¡2.. \- - . . # 'IVTfNSHIP I LOT NO. 60 ~. L' .' STAMFOR~ . '--:ART 7 I~! f I --~. ~ , \ - - - I.... . / --- -- . ------:--- -----....- îr 0 - - - "." - .;.--.-- . ¡ PART 6 j #B . . ~_..'^.. 'ff II , .PART 5 "" (I (V , _'."M j') ~ ..... ~o' ~ o? , ~~;;~. ,l' "".0; {v ST~W LOT M § '" ,,---------...~ ,¡;~~. ¡ DEJ:~'A' I I PART' I ),.., I. ~ I . ' ,:,'r- I t . .Off I I V," I 0 I PART 3 f S I I # I Ii- ¿ tN ~..._---_____..I < ",-","" ~~i";~: . ~E.~.~.e;::-, . E._......... ! ==':-..A::::'.:.:I""'~-' l , -'=.'í"'"- JMik' l --_..._~..:....~- .--.-- Regional Rood No. 57 u ";", -- lHOROLD STONE ROAD . "' PHONE (416)357-3315 M I N E R V A tþe'r4t e-t~ (DIVISION OF ATHENA CONSTRUCTION LTD.) ARNOLD TRAVEN 5743 THOROLD STONE RD. NIAGARA FALLS ONTARIO ~ 8. ~CJo.L/- L2J 1A1 ~~~ ~ ~~~¿J~ A£?4- ~ £,1....3/0 ~~ ~c:vL-û.J~ ~ 0 AI ~~o/ R,.£"' C/TY F/LE ;4/'1 -.A.3/~CJéJt/- ----Z'õ ~ ðCJ/~v31/ c€v- Alo 79- '-JLCC\, .¿¿J<;;- ~ ¿CJ"T 70.3 69R /cS"¿,.s-; P, / cL,l- ---úJé:/ ~é-' /7LO ~(j~ ~ ~ ~¿j ~ ¿p~ ¿(k°nu G/ LD L/. O~ CO~ ~ ~~ ~~ ~E~'~~aU~~~~ .~ cz/~~~~~,o2J¿¿aZL) ~~I .¿c ~au:JZß4- tJa.tA&U~ '¿f d.e.2~ a~ C~ C(~ ~~ .~ ~~-uu.nll ~ ~ ~ ~ -L-<J} .~ ~¥ (j~ ~zf~ ~-L£~~~~ ~ ~ cnL/U~~- ~d~~~~~~ -<bouLe( ..£~ -h,Zo .bf¿~ ~ / .' ~J ~~~Z-~~' ,'kv,.-v . RECEIVED ~ APR 1 3 2004 ¡/ R~ --r~ V.E.N ? PLANNING ~ ~~......, ,""".."""T . ". U4/14/.U4 "",,""; <4 rJ1,A ~vo vu O'VO "'", ,unun"". '~'mwu ~~~ ".num,n muu" ~VV. NIAGtAA PLANNING AND DEVELOPMENT DEPARTMENT 91 The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 964-3630 Fax: (905) 641-5206 E-mail: plan@regional,niagara.on.ca April 14, 2004 File: D.10.M.11.23 Doug Darbyson, MCIP, RPP Director of Planning and Development RECEIVED City of Niagara Falls 4310 Queen Street Niagara Falls, ON APR 1 4 2004 L2E 6X5 PLANNING Dear Mr. Darbyson: & DEVELOPMENT RE: Zoning By-law Amendment Applic¡¡tion West Side of Stanley Avenue (Regional Road 102) and 5755.5795 Thorold Stone Road (Regional Road 57) 1578991 Ontario Ltd. City of Niagara Falls Your File: AM-1312004 This application affects approximately 11 hectares (27 acres) of vacant industrial land on Stanley Avenue and the existing Zavitz Trucking operation on Thorold Stone Road. The requested Zoning By-law amendment proposes to change the zoning of these lands from Heavy Industrial (HI) and General Industrial (GI) to Light Industrial (U). Several site specific uses have also been requested that are primarily commercial services and offices, Further, consent applications were recently approved to create several new industrial lots and to add land to the Zavitz Trucking property (B03-06/2004/NF). The following Regional and Provincial planning comments on the current Zoning By-law amendment application are provided for your consideration. Regional Plannlna Review These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and designated Industrial in the City's Official Plan. This area was once a prominent industrial district that has declined over the years with the closure of several major manufacturing operations. The subject vacant lands on Stanley Avenue previously contained an electrothermal plant that was used extensively for the production of abrasives between the early 1930's to 1997, Buildings have been demolished and some material has been removed, however, environmental studies have identified areas that may require further remediation. Revitalization of1his district is important to the community in terms of improving environmental conditions and stimulating economic benefits. The Region supports the redevelopment of such "brownfield" sites to provide for more sustainable urban deveiopment as advocated in Smart Growth principles. A program of financial incentives has been developed by the Region to assist in the redevelopment of brownfield sites. These incentives can be implemented through community improvement programs established by local municipalities with the cooperation of property owners. The City of Niagara Falls is currently in the process of preparing a detailed Community Improvement Plan with a brownfield pilot project that includes the subject lands. This will provide the framework for land use alternatives, development requirements. V., H' ,v. HUV "v... ..... vvv v~. v.vv .._v .....v,..v. . ..,v"...'- ...---.--- - ----- .. 2 environmental site remediation and financial incentives. The study is anticipated to be completed in approximately 10 months. At this time, however, there is no guarantee that the proposed development will qualify for all potential financial incentives if it proceeds prior to the adoption of the Community Improvement Plan which will have criteria on funding programs, Further, the City should be confident that the establishment of light industrial activities will provide for an appropriate and compatible land use pattern to improve this area. In this regard, the City may want to add a "Holding" provision to the proposed zoning of these lands which could be lifted once the Community Improvement Plan is approved. The Regional Public Works Department has several development requirements associated with the future development on Stanley Avenue which Include the dedication of a road widening, necessary road improvements and the provision of servicing. These matters were addressed as conditions of approval for the recent severance applications. Comments from Regional Public Works were previously forwarded to the City and are attached. Provincial Plannlna Review The provincial Policy Statement provides direction on Provincial interests related to land use planning and development that should be regarded based on the following comments, There were previous environmental studies conducted on the vacant industrial parcel which identified contaminated areas. The primary areas of suspected contamination are within the central portion of the property. The applicants have proposed to undertake a Site Specific Risk Assessment (SSRA) in accordance with the Ministry of the Environment's .Guidelines for Use at Contaminated Sites in Ontario", This approach allows for the use of risk assessment to estimate the potential for adverse effects on human and ecological health and the development of a risk management strategy that considers remediation alternatives in conjunction with a proposed land use(s) that may allow development to proceed safely with minimal risks. The SSRA must be approved by the Ministry of the Environment. A Phase 2 Environmental Site Assessment (ESA) is being completed by the proponents to evaluate soil and groundwater conditions on the entire vacant property, Completion of this study was included as a condition of severance applications recently approved for part of these lands. Regional Planning staff would recommend that a Holding zone provision be added to the proposed zoning of the property requiring the completion of the Phase 2 ESA and the SSRA, The Holding provision could be lifted once the Ministry of the Environment has acknowledged a Record of Site Condition for the Phase 2 ESA and approved the SSRA. Siormwater management can be addressed in conjunction with servicing plans for the storm sewer system and lot grading and drainage plans to be prepared for this development. This can be undertaken as part of the overall servicing approvals for these lands. The Ministry of the Environment's (MOE) guidelines on the .Compatibility Between Industrial Facilities and Sensitive Land Uses. are relevant to minimize adverse effects due to land use conflicts. A residential neighbourhood is located to the northeast and is separated from this site by railway lands that include an active rail line and an abandoned spur line. Light industrial uses are primarily categorized as Class I industrial facilities according to MOE guidelines. The recommended minimum distance separation requirement from sensitive land uses is 20 metres. The proposed development exceeds this requirement. Further, the proposed rezoning will reduce the intensity of industrial operations that are currently permitted under the Heavy Industrial zoning, The most significant existing industrial use in the vicinity of the subject vacant lands is the Lubrizol operation located nearly 200 metres to the south and the Region's Niagara Falls . '" .U4/ H/.U4 ""U ~O; <" r",.. VV" VU v<VO ,,~V "."v"'.~ . ~"',."v --~ "."v=", . ,,~~u ~~n 3 Pollution Control Plant nearly 300 metes to the north. The only use under the proposed light industrial zoning that may be considered a sensitive land use could be recreational or social activities (i.e. health centre, fitness facilities, assembly hall, private clubs). These activities should not be impacted by other industrial uses if they are restricted to indoors and adjacent industrial facilities are operating in accordance with Certificates of Approval (Air) issued by the MOE. Registration of a warning clause could be made a requirement at the site plan agreement stage to advise future occupants of potential impacts from air emissions. A rail line exists to the west of the subject lands. Depending on the nature of future light industrial uses, it may be necessary to include a railway noise warning clause in future site plan agreements as a minimum requirement in accordance with MaE noise criteria. Requirements of the Canadian National Railway should also be regarded Conclusion Regional Planning staff is not opposed to the approval of the proposed Zoning By-law amendment from a Regional or Provincial planning perspective provided that the above noted matters are regarded. Adding a Holding zone provision would be an effective method to ensure that the Community Improvement Plan and environmental studies are completed and approved prior to proceeding with the development of these lands. This could also include a requirement for an approved development agreement to address servicing needs and streetscape improvements. The Holding provision could be lifted once these requirements are satisfied without a further public meeting under the Planning Act. Please send notice of City Council's decision on this application. (i"' CL Peter Colosimo, MCIP, RPP Senior Planner c: Councillor W. Smeaton W. Stevens, Regional PublicWorl<s B. Ryter, Ministry of the Environment G. Wood, CN rail, Toronto M:\MSWORDIPCINFzblaIStanleyAvea. ThoroldSlone Trsibacher,doc --~- .,...-._u- ,_.,.....". ....,_."... ..._-- - .V"' ."'.V~ NiÄliiiiÁ"V ..~, vvv v.. v.vv 481 REGIONAL MUNICIPALITY OF NIAGARA " MEMORANDUM DATE; Marc ¡ 30. 2004 TO: Peter Colosimo, MCIP. RPP Planner Planning and Developmern ~ FROM: William J. SteVens, C.E.T. Developmem & Approvals Manager SUBJECT: Zoning By-Law Anlendmenl: (AM-l2I2004) Be COUSalt Appüatious (B-O3/04 to B-06/04 inclusive) Applic.aat: 1578891 Ontario Ltd. Proposal: To Create Individual Parcels for Industrial Use; To Rwll1e the Parcels to Light lI1dustrial (LI) Location: N/E corner of Regional Road 57 (Thorold Stone Road) & Regianal Road 10% (StanIey Ayenue) In the City of Niagara Falls Our Files: D.18.04.66-642700224 (#302.5) Be D.06.04.66.642700224 (#2956) Regiooal Niagara Public Works Department has reviewed the above-referenced applications and provide the following comments: 1) Regional Road Allowance Widenhlg In accordance with the approved Regioual Policy PW3.P01.2 "Deliicarie>! af Ú1ndfor Road Widening Through Development Applications", we would request the applicant deed an approximaΕ“ 5,$0 me1J'e (ïrreguIar on tangent.. see drawing provided) road allowance widening grarul!QQSly !D the Region across the fcontage of the subject property (Parts 5 through 9), The. "'ideIIÌIIg is intended to accommodaΕ“ furore pavement widening and co provide sufficient boulevard area for an alternative alignment fur the sidewalk, ulilities, snow storage and tree plaßtings. The requested widening is to be conveyo:d free and clear of any mortgages, liens or other encumbrances. As the widening process can rake an average 8 weeks to proΕ“so, ¡he appHcam is encouraged co contact Mr. Rmzdy C1ßgt: of this Department at (90S) 685-4225. extension 3326, at the earliest opporronicy to di!1GUSS this maCIer. 2) Road Improvements COSt sharing of Í\lture roadworks for Regional Road 102 (Stanley A Venue) should be required for this de'lelopmt::llt- AD anticipated 2006 construction (at the earliest) is planned ul1der the proposed 5<;hedule 'B' road project and, as such, the foJlowing items should be discussed for ÇO8[ sharing: . '" - -- , - -- . --->.. "~-'->" l¡ 002 Peter Colosimo, MCtP, R}>p P]æm.er PJa.DDÏI1g aJId Developmeut Deportment Man:l:1 30, 2004 Page 2 . COSt of a third lane addition to the roadway . COSI of intersection modificatiollS (in whole or part) at Regional Road 57 (Thorold Stone Road) and ReglonaJ Road 102 (S1anley Avenue) 10 accommodaΕ“ the additional pavement width . Cost of signal relocationlmodifica.riollS al the saII\C intersection to aCCOmmodale the new lane . COSI of construction associared with a Dew storm sewer system for !he tribuWy area including the Regional Road. 3) Regional Pennit Requirements Prior [0 any c:onstrucriOIl Iaki.ug place within a Regional road allowance. Region] Construction EDc:roadunent and/or EnttaDce Permits mUSt be ob13ined. Applications must be made Ibrough the Permils SeCtion of the Operational Support Services Division of me Pllb/ic Work!' Department. 4) ProtedioD of SorYey Evideace Su:rvey Evidence adjacent 10 the Regional road allowance is not to be damaged or removed during the development of the property. We would request a condition mat requires !he OWIler to obtain a ccrtific¡¡,te from an OntariD u...d Surveyor, stating that all existing and new evidence ~s in place at the completion of said development, 5) Regional BicyclE Network As a point of information. the Region has developed a Regional Niagara Bkycliug Network Plan. We note that tile subject property bas frontage on a roadway designed as being withm tbi5 plan. If the bicycle routl' is currently ¡¡at established and identified with signage, it is the intent of the Region to make provisions for doing so when an appropriate opportunity arises. This may involve additional paveΕ“tnt width, elinUmtioll of on-Street parking, etc., if required on this meet sec:tiO¡¡. 6) COlnpliance with RegjouJ Sewer Use By-hw Please be advised !bat owuers of cornmetcial and induslria1 buildings are required to colIlply wÍ!h the Region's Sewer Use By-law #39-2002, as amended. UDder Section 6 (1) the ÎDstaUation and maintenance of a suitable mBDhole at the property line may be requÌI'ed [0 allow observation, SaIJ1pling and measuremelit of sewage flows. Under 5eçtion 4 (2) the installation of an interceptor may be necessary for the n:moval of grease, flammable waste, sand or other harmful mgrediencs. The owner should discuss these matters with Mr. Jason Otuley, B.Se, c.CIum., Labo1V1lory .. En1lÏronme1l1Ol Enforcement Man4ger at 905-685-4225, e:rlellsion 3758, to ascerrain the exact requireméncs for this proposal. - -- - ----~-"--'~'~ -----'<11 000 - Peter Colosimo, MCIP. Rl'P Planner Planning !Uld Development Depanmeut M=h 30. 2004 Page 3 7) Niagara Falls Wastewater Treatment Plant Please note that the Region's Niagara F~s pollution Plant is within soOmetres of the subject pro\l~uty. Therefore. we request tbat a cODdition be imposed, requiring the agreement to be registered on title: for this development and to include a clause warning prospective purchasers of !he clo~ proximity of the Pollution Plant. This clause should give warning to the pctiodic emission of unpleasant odours and noise frOlll the normal or emergency operations of this facility for an WlSpecifkd duration. which may adversely affect this devc:lopment(s), 8) Trees No one, othertban the Regional tree crew, shall remove a ttee from a Regional J;Oa(\ allowance. The Regional tree crew will identify any dead or diseased !TeeS for removaL It is the Region's intent to preserve any healthy trees within the road allowance and may require changes to a proposal in order to preserve the tree(s). Where development proposals require the Nmoval of a t1'ee, the developer is reqUired to replace ¡he tree with two trees at the developer's cost. Please note that further cOlIJ l1ent¡; will be made at each inclividual Site Plan Application. as submitted to the City of Niagara Faiis. ¡La- þ~ VVillimnJ~,C.E-T- Development &. Approvals Manager Public Works Department Operational Support Services Division VVJS/cm J."lJjnginooring-Planning-DJ>d-De..lopmontlVOII'OΕ“-c.rDIeP\l'iapra F'¡I,ICORRaÞONDEN'CE 2004\OOlO.P, Col..õ..."doc Atr.a.chment Co Bryan McIImis, Supervisor of Permits Jason Oatley. B.Se:, C.Chem.. Labora[oI)' & Environmental Enforcement Manager Normans V. Taurins, B.Sc., 0.1.5., O.L.I.P., Legal Surveys Manager Joe Cousins, C,E.T.. Direc:tor. TrnnsportatiOll Serv;ces Divi'¡OD Dave MacLeod. C. E. T -, Project Manager, Transportation Engineering Brian Hughes, p. Ens., Associate Director Transportation Engim:ering Murray Potts, Supervisor Forestry & Road Operations Ms. Susan Scerbo, Secretary-Treasurer. Committee of Acljusttnent, City of Niagara Falls (Via Fax: 905.356-2354) . "' ~~~ """"""" r"LL~ I¡!]OQ4 "" vvv .v"""',v, "eL "'v.., ,."" ovv vu vovo ""." !'~!}2~..U&.!:J"""" \ ¡¡¡ 8 '" .. P4r<r~ \ .p Ii .;::, - L-- \ ë;: , (., PAA" B \ c C) Ti '¡';¡ C) '" \ -!J (::! ~ L- - - I!- ~~ 1/ p~~r ~ Î'--............ 'r/jl. i ~ 0 ,. / ~~ ~ ~ if !..¥.$ / 8 I,;,lik .8° / ~¡ifJJ c... ~ / 11,~" ............ . 119.TS", """""" """"""-.......J ; it " PART 5 ""'-.. ""'-.. (.., "'- ::> ::> ì ) , Corporate Services Department PD.2004-39 1h CN f:f~ ~M",,&D~I,"'" Doug Darbyson e I 0 4310 Queen Street Director Niagara Falls P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 .i web site: www.city.nlagarafalls.on:öà -- - Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: plannlng@ciiy.niagarafalls.on.C8 April 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-39, Zoning By-law Amendment Application AM-IOI2004, 8675 Montrose Road Applicant: Simo Blelich Request to Locate a Body-Rub Parlour Within an Existing Hotel RECOMMENDATION: It is recommended that: I) Council only approve the Zoning By-law Amendment application to locate a body- rub parlour witIrin the existing hotel building, on a temporary basis for a period not exceeding two years; and, 2) the amending by-law contain site specific standards as outlined in this report. * and that as a condition of the Licence, any sign application be BACKGROUND: brought back for Council's approval.~' Simo Bielich (Sam's Montrose Hotel) has requested an amendment for the portion of the land known as 8675 Montrose Road, as shown on Schedule I. The amendment is requested to pennit a body-rub parlour witIrin a portion of the existing building on the property. Details of the existing site are shown on Schedule 2. A banquet hall is shown as a future phase of development unrelated to this application. The land is currently zoned Prestige Industrial (PI-50S). A body-rub parlour is pennitted on the site provided it is located in a freestanding single use building. A site specific zoning provision is requested to be added to the land to pennit a body-rub parlour to be established within the existing hotel building. Working Together to Serve Our Community Clerks . Finance Human Resources Information Systems . Legel . Planning & Development . .. ------- ~--~------------~~._------ April 19,2004 -2- PD-2004-39 Surrounding Land Uses The lands to the north and west ofthe subject land are vacant lands zoned for prestige industrial uses. The Queen Elizabeth Highway is to the east. There are several dwellings south ofthe subject lands, however, these lands are designated and zoned for industrial uses. Circulation Comments . Regional Municipality of Niagara - The body-rub parlour is in an isolated section of this industrial district and is separated from sensitive land uses. - Regional Planning staff is not opposed to the approval of the proposed Zoning By-law Amendment from either a Regional or Provincial planning perspective. . Parks, Recreation & Culture - No objections. . Municipal Works - No objections. Any redevelopment ofthe lands will be subject to site plan control. . Clerks - Should this request be approved, the applicant will need to obtain a licence under the City's Live Adult Business By-law (No. 2002-197). The applicant should familiarize himself with the requirements of this By- law. - Currently, there are three licences for body- rub parlours issued under By-law No. 2002- 197. This by-law pennits two more licences to be issued. Review of the Application by The Butler Group Consultants The original study on adult entertainment and body-rub parlour uses was undertaken by the Butler Group. This study fonned the basis ofthe applicable Official Plan policies and zoning provisions for these uses. As this application is the first one to seek a change from the zoning provisions passed by Council, David Butler of the Butler Group was contacted to provide an opinion on this application. David Butler's conclusions are as follows: . The reason for limiting adult uses to single use buildings was to provide additional security that these uses would not cause any adverse impacts on other uses in the same building and to minimize the potential that the uses would illegally increase in size to the rest of the building. This proposal may not be appropriate if families rent rooms in the hotel. April 19,2004 - 3 - PD.2004.39 . It is noted that this hotel is dominated by a tavern and that this is not typically a hotel where families would stay. As well, he understands there will be no expansion of the building. . Given the site's location away from residential areas, sensitive land uses, the downtown area and major tourist areas, the site is appropriate for this use and in general conformity with the locational recommendations oftbe Adult Entertainment and Body-Rub Parlour Study. . It is recommended the facility be limited in size to 160 square metres and be completely physically separated from the rest of the building. . Consideration could be given to limiting the use to a one-year temporary approval to see how the facility is operated. . Signage should be carefully regulated because of the exposure of the site to the highway. Planning Review The following is a summary of staff s assessment of the application: 1. The proposal complies with the intent and purpose of the Official Plan. The subject lands are designated Industrial in the City's Official Plan. In 2002, Council adopted Official Plan Amendment No. 45 and Zoning By-law No. 2002-201 to regulate the location of adult entertainment parlours and body-rub parlours. These uses are to be located mainly on Industrially designated lands, with a 300-metre separation from lands zoned for sensitive uses such as residential, institutional and open space, as well as specific facilities and establishments. The Official Plan stipulates that appropriate separation distances are to be established between individual establishments through the zoning by-law. In addition, there is to be a 100-metre setback from other similar facilities and the Queen Elizabeth Highway. During consideration ofthese policies, the applicant's lawyerrequested Council exempt this property from the above noted highway setback requirements which Council granted by adding a site specific policy to the Official Plan. The Official Plan does not have any policies restricting these facilities to freestanding, single use structures. This is a detailed regulation that was more appropriately included in the Zoning By-law. As the zoning change involves only the subject lands, the proposal would still meet the locational criteria and site specific exemption set out in the Official Plan policies. 2. Approving the use on a temporary basis is recommended. The subject lands are zoned Prestige Industrial (PI-50S). This site specific zone permits a variety of industrial and complementary uses, as well as the hotel. By-law No. 2002-201 (regulating adult entertainment parlours and body-rub parlours in the City) permits a body-rub parlour on the property, however, it restricts its location to a . III April 19,2004 -4. PD-2004-39 fteestanding, single use structure. The owner wishes to locate this body-rub parlour within the existing hotel building. The parlour would have an area around 100 square metres (1,070 square feet) and would be accessed by an exterior doorway. The parlour would be separate ftom the hotel by a wall partition. Mr. Butler raises a concern that this use may be incompatible with a hotel use if families are staying in the hotel. Although this does not appear to be a hotel that would be ftequented by families (unlike hotels in the tourist area), there is nothing in the zoning by-law that would prevent families ftom staying there. Furthennore, it may be impractical to require the removal of all hotel rooms to ensure no families stay there. It should be noted that nothing currently prevents the applicant ftom locating a body-rub parlour near the hotel in a fteestanding structure, subject to compliance with the licensing by-law. This compatibility issue does raise a concern with the use. One way to deal with this concern is to pass the zoning by-law as a temporary use by-law for a period not to exceed two years. This would allow for a sufficient period oftime to establish the use and evaluate impacts this use has on other uses in the hotel. Council may wish to consider the following points with any future application to maintain this use in the existing hotel, to ensure there have been no unacceptable impacts: . Any violations of the body-rub operator licence, and ifthe licence has been revoked or suspended; . Criminal convictions or outstanding criminal charges against the operator or employees related to the body rub operation; . Violations of other City regulations or liquor licences; . Proper maintenance of the property. The size and content of sign age is already regulated through the City's sign By-law and the licensing by-law for adult uses. In addition, the following standards should be implemented to ensure the parlour use does not move into the rest of the building: . A maximum floor area of 100 square metres reflecting the size currently proposed. . No physical access ftom the rest of the building. This provision would help maintain the intent of the original by-law in keeping this use physically separated ftom the other use by locating the use in a fteestanding building. CONCLUSION The requested amendment can be supported for the following reasons: . The request complies with the Official Plan policies for body-rub parlours. April 19,2004 -5- PD-2004.39 . Passing the by-law on a temporary two-year temporary basis will allow the City to review the impacts the body-rub parlour may have. . Including con1rols on the size and physical separation of the body-rub parlour will help to maintain the intent of the original by-law. Prepared by: 4~~ Ú1ôL~ Andrew Bryce Planner 2 Recommended by: ~~~- Doug Darbysln Director of Planning & Development Approved by: å~. T. Ravenda Executive Director of Corporate Services AB:pb S,IPDR\2004IPD2004-39, AM1O-O4, 8675 Montrose Rd.wpd . '" SCHED ULE 1 LOCATION MAP Subject Land ~ ø 0 I Amending Zoning By-law No. 79-200 ~ e Location: 8675 Montrose Road ~ Applicant: Simo Bielich AM-1 0/2004 I:NTS K:\GIS_R'q"~"~OO4\S,h"""~\Z"ru"gMMM.IO\m,ppi",",p, MM,h '004 SCHEDULE 2 Chipp"" "'0' Rood ."" = ä : == - I I . I == i~: ~ = 'U '~i! ~>1 - ~ I = II =: c; 15:;: ~ [ : ~ = == ~ ia§ = I = =, ~~ + I: lIDI-~Itt1~1T1 rttl~ 0", -.- ~ ~ :::t= I 3 == ~:' - r - : 3 == ~! - ~ ! }-~ --ïC - I ::j::; GtJID ,t - , - - ~;u ¡¡ ~= --- ,~ : I ¡ ! I : ¡ I ~ 1111= I I "0 [ ill ] I I ¡::::: I I ~! - I ~---'-""'"' - ~L___- ---- I - ----- ,.-..-~-:;< ~ ~ =r U~ - II --+ 111= I Ε’Ð : I r---- 1 =r S~j ~ CD I r---- --+ - =r I ¡ =t- -=-:- - ------ -- - .f . , I ( I ~ : i¡1Ir I 1--___1 , " I . 'I ~ ~ I :;: , ~ '" ;l..} I ~ II , ' C<--j I ~ ; ¡¡.I'!" 1 <"" ~ - lm > Well"d Ri,", I )Ð Cco-' ' ,; 1 ',', , ¡ : i I II: ~ , 4DD~ . I ", Corporate Services Department PD-2004-37 Planning & Development Doug Darbyson The Cily of :f ~ 4.110 Q"" $"'" Director , P.O. Box 1023 Niagara Falls Niagara Falls, ON L2E 6X5 Canada ~ web site: www.city.niagarafalls.on.ca .;¿ --- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca April 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-37, Zoning By-law Amendment Application AM-4S/2003, 6269 and 6293 Dorchester Road Applicant: 1211990 Ontario Inc. Agent: Richard Brady, Planner Proposed 2S Unit, Three-Storey Apartment RECOMMENDATION: It is recommended that: I) Council not approve the development application as presently constituted; and 2) the developer be encouraged to address the concerns raised in this report with respect to reducing densities, alternative building fonns and further resident input. BACKGROUND: 121190 Ontario Inc., through its agent, Richard Brady, has requested an amendment for all of the land known as 6269 and the westerly 292 feet ofthe land known as 6293 Dorchester Road, as shown on Schedule 1. The amendment is requested to pennit the construction of a 25-unit, three-storey apartment building. Details of the proposal are shown on Schedule 2. The lands are currently zoned Residential Single Family IC Density (R1C). The zoning of the land is requested to be changed to a site specific Residential Apartment 5B Density zone (R5B) to pennit the proposed development. A previous Zoning By-law amendment application (AM -46/2002) for 6269 Dorchester Road and the westerly 265 feet of 6293 Dorchester Road was denied by Council. The application was made to pennit the construction of a 29-unit, three-storey apartment building. A consent application (B03/2003/NF) to sever the westerly 265 feet of 6293 Dorchester Road and to add it to 6269 Dorchester Road was also denied and has been appealed to the Ontario Municipal Board. A copy of report PD-2003-19 is attached for reference. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development . ,.. April 19,2004 -2- PD-2004-37 Site Description and Surrounding Land Uses The 0.52 hectare parcel is located on the west side of Dorchester Road opposite Stokes Street. A single-detached dwelling previously occupied 6269 Dorchester Road but was fire damaged. A stand of mature trees is located at the western end of the property. The surrounding land uses are residential, with single-detached dwellings immediately adjacent to the subject parcel. Low density apartments are located further north on Dorchester Road; the fonner Dorchester Manor located opposite is also proposed for apartment redevelopment. Circulation Comments Infonnation regarding the application was circulated to City departments, government agencies and the public for comment. . Municipal Works . Transportation Planning A traffic impact study is not required due to the low traffic generation. Access should be aligned with Stokes Street so as to allow for traffic signal installation in the future, if warranted. . Infrastructure Dedication of a 5-foot road widening . Regional Planning and Development Regional and Provincial policies encourage (comments attached) residential intensification. Higher density housing is desirable given the location of a residential neighbourhood. The proposed development will improve upon the supply of affordable housing. The proposal is consistent with the Region's Smart Growth principles. Neighbouring residents have expressed objections to the proposal citing loss of privacy, increase in traffic and lack of compatibility. Planning Review: I. Significant improvements have been made to the development propos at. Previously, the applicant had proposed a 29-unit, three-storey apartment. Planning staff had recommended denial due to concerns respecting density, building mass, setbacks and building height. The current proposal has been revised in the following manner: Density: The number of units has been reduced to 25. Also, the depth of the remnant parcel at 6293 Dorchester Road has been reduced, resulting in a larger development parcel. Density has been reduced from 57 units/ha to 48 units/ha. April 19,2004 .3 - PD-2004.37 Building Mass: The width ofthe west wing ofthe building has been reduced by 10 feet. Setbacks: Previously, the building had been set back 33 feet ITom the west property line and 20 feet ITom the side property lines. Due to the reduction in depth of the remnant parcel and reduction in building width, the setbacks of the proposal have been increased to 60 feet from the west property line and to 31 feet ITom the south property line. Building Height: The building height has been reduced from 40 feet to 33 feet. The result ofthese revisions has been to reduce the potential impact ofthe proposed apartment on the surrounding lands by increasing separation distance, reducing mass and reducing the intensity ofthe apartment. However, further modifications are required for the development to comply with the Official Plan. 2. Infill development is to be designed and integrated to achieve compatibility and sensitivity with the surrounding area. The subject parcel is designated Residential in the City's Official Plan. The Official Plan policies contain density guidelines that provide locational criteria forresidential development. The applicant's planning report (attached) makes the argument that the development meets the City's locational criteria for a density of 50 units/ha and that the proposed apartment would have a lesser impact on surrounding residences than other fonns of multi-unit dwellings. While these criteria are fully applicable in "greenfield" situations where there has been no previous development activity, the subject parcel is not in a "greenfield" location. The subject parcel is surrounded by low density detached dwellings which were developed in the late 1960s at a density of approximately 10 unit/ha. The City's density guidelines are tempered by infilling policies which states that infill development is to be designed to achieve compatibility and sensitivity with the surrounding area. Many "greenfield" subdivisions are currently developed at a density of about 27 unitslha. The Official Plan's density criteria imply that multiple-unit dwellings can be developed adjacent to single detached dwellings at approximately twice the density. Accordingly, this would suggest that a density of 20 unitslha may be the upset limit for the subject lands. A density of this magnitude might also suggest that an apartment fonnat may not be appropriate for the site. In view of these points it is recommended that the applicant further reduce the density of the development and investigate alternative building fonns. 3. The requested zoning is not appropriate. The applicant has requested a zone change to R5B. The R5B zone would pennit a density of 75 unitslha, far in excess of that proposed. Any amending zoning by-law that is passed for the site should be tailored to the approved development. 4. Residents' input is critical to any redevelopment proposal. Infilling is, by its very nature, contentious. In order to achieve a redevelopment scheme that is mutually acceptable, it is necessary that the public be involved with the process. In the past, Council has been consistent in requiring neighbourhood meetings with area residents in order to resolve Site Plan Control issues. In this case, the developer should continue to dialogue with the residents in order to achieve resolution of the issues surrounding this site. . "' April 19,2004 -4. PD-2004-37 CONCLUSION: Based on the foregoing, it is recommended that the requested Zoning By-law amendment for a proposed 25-unit, three-storey apartment be deferred. The developer should further reduce the density ofthe development, explore further building fonus and continue to involve area residents in order to endeavour to bring resolution of the issues. Prepared by: Re ectfully submitted: jL ~ ;n~~ t John Bamsley ohn MacDonald Planner 2 Chief Administrative Officer Recommended by: ~~'JJ;-- Doug Darbyson Director of Planning & Development Approved by: J~. T. Ravenda Executive Director of Corporate Services JB:tc Attach. S;IPDR\2004IPD2004-37, AM45'()3, 6269-93 Docchestec.wpd SCHED ULE 1 LOCATION MAP Subject Land ~ ~ ~ ~ oc STOKES ST w tñ w :r: ~ 0 0 Amending Zoning By-law No. 79-200 ~ e Location: 6269 and a portion of 6293 Dorchester Road ~ Applicant: 1211990 Ontario Inc. AM-45/2003 I:NTS ICIGIS_R<q"",QOO3\s,hed""lZoru"gAM'AM45\mopp",g.,p' M~""OO4 . I "' u' ~~, -- 0 " "I' " ','" >, ~¡ -¡_"~N","" ,j"j ~ I SCHEDULE 2 ~~,;¡¡"'~ . 1..., ,;;",~h,;--~--h-~i-~-~,,~------,,---;=.-;;;;..--..---;:-~-=-~~=~- ~.. - - - - - - ~.w- OLl>\~-: - -~ - - - --M,,(}f,<e-,IN- - ~. - - :". ..",. '."', "."~.,, .~.""'. ~-." ' "~..." ,."g1:' O,'SI' °1' <1o I- Z W ---- 2LL 1-0 CLO «CL Q.. «0 w >-I Wu CLI- o- I-Q. U1 I nl:::: ;: 0 '-' W ~ U1 I- ."J 02 - Q.. :=J ~ 0 .\ . CLúJ 8 Q.N . ; I ~ I \ ". ", ~". . ; I ,.,. i ~ ~.' " ~....' @; ~ ~ ~ ! 0 . ~~:.. "~ I'",. "". I,;".. ,"',ÓI . -,,' : ". ~\ *' tP:I I ""'" >OM"", @" @ . ~ (/¿,; ¡¡; ,I"... '" W,h ,~~\ - fh z °v',t" EC ~i ""-- ~ ~"'-,~ " I " ' ?þ ~ ~\ ,,'~ I ti!JI!I'~ :;'~" </. ¡¡¡ '\ Ó. @' fj~ ", ~.:i I @ "'.,.-~ . .'; J> ~ ", ~":;'):'iii;.' i (fJj) -.h"': ", .~'!: i "~.tP:I""""M.""",",,,~€(:~iiî.Øi!J..\n;¡ ,.'1 ~ Corpol'lte Servlcel Department PD.2003.19 Doug Derbyaon Director The recommendation(s) contained in this report were adopted by City Council February 17,2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-19, Zoning By-law Amendment AppUcation AM-4612002, 6269 and 6293 Dorchester Road Applicant: Falls City DeslgnlBuild Agent: Richard Brady, Planner Proposed 29-Unit, Three-Storey Apartment RECOMMENDATION: It is recommended that Council deny the requested Zoning By-law amendment application for 6269 and 6293 Dorchester Road for a proposed 29-unit, three-storey apartment. BACKGROUND: The subject properties are located on the west side of Dorchester Road, opposite Stokes Street, as shown on Schedule 1. Both properties are currently occupied by single detached dwellings and are zoned Residential Single Family lC Density (RIC) zone. The applicant recently made an application for consent to sever the rear 81 metres of6293 Dorchester and add itto 6269 Dorchester Road to create a larger lot for infill development (Application No. B312003/NF). The Committee of Adjustment denied the application due to neighbouring residents' concerns respecting privacy, traffic generation and loss of natural environment. Proposal Falls City Design/Build, through its agent, Richard Brady, has requested an amendment to the Zoning By-law to pennit the development of a 29-unit, three-storey apartment. The amendment is requested for all of 6269 Dorchester Road and the westerly two-thirds of 6293 Dorchester Road. Details are shown on Schedule 2. The applicant is requesting to change the zoning ofthe lands from R1C to a site specific Residential 5B Density (R5B) zone in order to pennit the proposed development. Working Together to Serve Our Community Clems . Finance . Human Resources. fnforma:ffon Systems . Legal' Planning & Development .. February 17, 2003 .2. PD.2003-19 Surrounding Land Uses The surrounding land uses are residential, with single detached dwellings inunediately adjacent to the subject properties, Low density apartments are located to the north on Dorchester Road. The only exception is the fonner Dorchester Manor long-tenn care facility to the southeast. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comments. The following comments have been received. . Municipal Works - Dedication of a 1.52 metre road widening across the Dorchester Road fì'ontage. . Parks, Recreation & Culture - 5% cash-in-lieu of parkland dedication will be required at condominium approval stage. - A spru.ce tree may be located on the City boulevard. . Building & By-law Services All building permits are required to be issued prior to commencement of construction. Further comments regarding the Ontario Building Code will be made at site plan review. Neighbouring property owners have expressed concerns respecting the loss of privacy, the lack of compatibility, a potential for an increase in traffic and the loss of a "natural" environment. Planning Review The following is a swnmary of staff's assessment of the application. 1. The proposed development is not within the intent and purpose of the Official Plan's policies on infilling and redevelopment. The lands are designated Residential in the Official Plan. The Residential policies provide for a mix of housing in residential neighbourhoods catering to a wide range of households. In the case of residential redevelopment and infilling, housing proposals are to be "designed and integrated to achieve compatibility and sensitivity with the surrounding area in tenDS of density, height gradation, building mass and arrangement, setbacks and appearance". The proposed redevelopment of a single family lot located at 6269 Dorchester Road, together with a portion of another lot located at 6293 Dorchester Road, for a 29-unit apartment building, would not be in keeping with the Citýs Official Plan policies. This opinion is based on the following design considerations, (a) Density: The density of the proposal is 57 unitslha. Densities in 1he Coach Drive, Brookfield Avenue area averages about 10 units/ha, Infilling and redevelopment in the midst of a low density residential subdivision should feature more compatible design densities. February 17,2003 .3- PD-2003.19 (b) Height Gradation: Homes in the immediate vicinity of the subject lands are single storey and two storeys. The proposed apartment building is three storeys with a pitched roof. While a pitched roof design is more aesthetically pleasing than a flat roof, the applicant wishes to construct the building an additional two metres above the standard la-metre maximum height requirement. In comparison, apartment buildIDgs in the general area are 2 Y:. to 3 storeys in height. (c) Building Mass and Arrangement: As shown on the site plan, Schedule 2, the building is sited at the rear of the lands with parking at the front and along the north property line. Site design is constrained artificially by the developer's intent to retain the existing house at 6293 Dorchester Road on a remnant building lot. Because of this, the designer does not have the opportunities to design the site more sympathetically with the neighbourhood to the west. With the remnant, the lands would have a rectangular shape and 47 metres of frontage onto Dorchester Road. This affords the site designer flexibility in design. For example, the building could be sited close to the street, giving a street presence to Dorchester Road and shifting the building away from the neighbourhood, hence achieving better compatibility. It would also allow for increased landscape buffering of the parking area. The site plan shows five feet oflandscaping between the parking lot and the north property line. This is insufficient to adequately buffer the abutting property. At least 10 to 15 feet oflandscaping should be provided, together with closed board fencing. By having the building located close to the street, there are more opportunities to preserve the open space amenities and existing trees at the rear of the property. (d) Setbacks: The building is set back 33 feet from the rear property line and 20 feet from the side lot lines. These setbacks comply with the minimum requirements of the requested R5B zone. In a greenfield development, these setbacks are quite appropriate, however, increased separation distances should be provided where residential intensification is occurring in an established neighbourhood. This premise is echoed by area residents in their concerns over the loss of privacy, building encroachment into open space and amenity areas and preservation of the natural environment. Based on the above, the development at the proposed density and as designed on the site plan carmot be supported. The density is in excess of that contemplated in the Official Plan for infilling and residential redevelopment, and the design places the building in a location that results in the greatest impact on the adjacent neighbourhood in tenus of separation distance, maintaining privacy and the preservation of trees. Insufficient landscaping is provided to adequately buffer the parking area. 2. Other options exist for a more compatible development. (a) Reduction In density: The number of units would have to be reduced to comply with the Plan. This would allow for a reduced parking lot area and an increase in landscape buffering, It would not, however, reduce the impact of the building on the neighbourhood. . ". February 17, 2003 -4- PD.2003.19 (b) Utilization oftbe remnant parcel: The retention of the remnant artificially places a design constraint on the designer's ability to design the site more compatibly. Primarily, the building cannot be located close to Dorchester Road with parking along the side of it. Utilization of the remnant would allow for more design options and a more sympathetic layout. (c) Reduce the building height: This can be achieved either by elimination ofthe third storey or placing half of the ground floor underground, similar to a raised bungalow. Each will significantly mitigate the impacts of building height. (d) Assemble more land: The two lots adjacent to the north could be assembled with the subject lands for a more comprehensive redevelopment. With a larger land assembly, other forms of redevelopment could take place which may be more compatible with the surrounding neighbourhood. ToWIÙ1ouses, for example, represent a lower profile and lower density form of development which has been successfully integrated into existing residential neighbourhoods elsewhere in the City. The bungalow toWIÙ1ouse project currently under construction north of Stamford High School on Drnmrnond Road is a case in point. Another form of redevelopment could be in the fonn of a single family subdivision. Imperial Court, north of the subject land on the east side of Dorchester Road, is a prime example. CONCLUSION: In conclusion, the application for a 29-unit, three-storey apartment is recommended for denial for the following reasons: . the proposed development does not comply with the intent and purpose ofthe Official Plan with respect for residential redevelopment and infilling; . the proposed development has not been designed to achieve proper integration with the surrounding residential land uses; and . oth forms of residential intensification may be more compatible for the area. Resm;:bmitted: --- ~. , fí John MacDonald Chief Administrative Officer Recommended by: t~ Doug Darbyson Director of Planning & Development Approved by: J.~~ T. Ravenda Executive Director of Corporate Services ~ , <.,.nvl1M1\pmnn1-IQ AM-4fi..o2 6269 & 62931Jon:hester. Falls City Design.wpd , , . PLANNING AND DEVELOP.. .lNT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 r J ~~~~~2t Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 File: 'Z.ON:Nb Fax: (905) 641-5208 CPI<èV:O\.«t? E-mail: plan@regional.niagara.on.ca March 1, 2004 File: D.10.M.11.23 John Barnsley, Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Barnsley: RE: Zoning By-law Amendment Application R CEIVED Proposed Apartment Building West Side of Dorchester Road, North of Coach Drive MAR - 2 2004 Falls City Design/Build City of Niagara Falls PLANNING Your File: AM-45/2003 & DEVELOPMENT Regional Planning staff has reviewed the recent plan and the consultant's planning report for the above referenced zoning by-law amendment application to permit an apartment development. We understand that the previous proposal for these lands was not approved by City Council. The current proposal is similar to the original submission, therefore, our previous comments (see attached letter dated February 14, 2003) generally remain applicable. The following additional comments on the revised proposal are provided for your consideration from a Regional and Provincial planning perspective. The original submission has been revised by reducing the number of units (from 29 to 25) which provides a residential density of approximately 47 units/hectare (19 units/acre). This results in less lot coverage and increased setbacks and landscape area in an effort to improve compatibility with the adjacent residential area. There are other similar apartment developments that exist along this section of Dorchester Road between Coach Drive and Lundy's Lane. As we indicated in our previous comments, Regional and Provincial policies encourage residential intensification to secure more efficient urban land use patterns. The location of this site on the periphery of a residential neighbourhood and on an arterial road is desirable for higher density forms of housing. This provides an opportunity to take advantage of available public transit services and convenient access to commercial districts or community facilities that are within walking distance. The apartment proposal will also improve the supply of affordable housing which is particularly . '" . ' . 2 important since the construction of new apartment buildings has been negligible in recent years, not only in Niagara Falls but across the Region. This type of infill project is also consistent with the Region's Smart Growth principles that promote cost- effective urban development. In closing, we continue to have no objection to the proposed apartment development. The current application attempts to address local concerns raised with the last submission. In this regard, Regional Planning staff is not opposed to the approval of this zoning by-law amendment application from a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, \)k~ Peter Colosimo, MCIP, RPP Senior Planner C: Councillor W. Smeaton D. Darbyson, MCIP, RPP, Director of Planning & Development M :IMSWORDlPCIN FzblalDorchester .doc . " Regional NIAGARA °LANNING AND DEVELOP{ -:NT DEPARTMENT .,,11 fhe 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 February 14, 2003 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 VVest Side of Dorchester Road, North of Coach Drive Falls City Design/Build City of Niagara Falls Your File: AM-46/2002 This application proposes to amend the City's Zoning By-law to permit the development of a three storey, 29 unit apartment building. A previous application (B 03/2003/NF) for consent to establish the parcel intended for this proposed development was refused by the City's Committee of Adjustment. 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 subject parcel contains an existing single detached dwelling and is 121.92 metres (400 feet) deep and approximately 1.26 acres in area. A higher density infill development will make efficient use of these underutilized lands as well as municipal services. The Region's Smart Growth principles support the intensification of urban areas to balance long term needs for growth and to protect important resources. The site lies within a generally lower density neighbourhood and is situated on an arterial road (Dorchester Road) that provides convenient access to public transit and community services. However, there are several older apartment developments and the former Dorchester Manor senior citizens home located in close proximity to this site along Dorchester Road. Given the size of the site, there is an opportunity to provide affordable housing and complement the housing mix in the area. The City should be satisfied that the proposed density (29 unit apartment building) is appropriate for the site and that specific site design details ensure that the development can achieve a compatible fit with the immediate neighbourhood. This should include consideration of the proposed building height, number of units, setbacks and landscaping. . .. ." 2 On this basis and subject to the above comments, Regional Planning staff are not opposed to the approval of the proposed Zoning By-law amendment. Please send notice of City Council's decision on this application. Yours truly, ~D~~ Director of Planning Services C: Councillor Bill Smeaton M :IMSWORDIPCIN FzblalDorchester. doc ~ December, 2003 Project 03-U43 Planning Analysis for 6293 Dorchester Road The property represents the classic dilemma of infill residential development. The existing lot fabric with greater than 120 meters of lot depth and adequate lot frontage (30.48 metres) no longer represents good planning when developed or redeveloped for single family dwellings. Yet the neighbours are existing single family dwellings and any change in housing type and density is met with resistance. The frontage is on a major arterial road at the periphery of the neighbourhood. This arterial (Dorchester Road) currently has a mixture of multiple family and single family homes. Of some note, across the street an existing government owned senior's project is in the process of being converted to apartments and is also receiving neighbourhood resistance because it presents change. The questions that are often asked in this type of exercise are twofold: 1) What standards should be used to judge the desirability of the change in land use? 2) How does the proposed change compare to other types of proposed changes? Each of these questions is answered in this planning analysis. 1) What standards should be used to judge desirability of the change in land use? First the Official Plan provides some guidance in this consideration. Specifically, policy 1.7 and policy 1.10 in the Residential section of the Official Plan. 1.7 Single detached housing will continue to dominate the character and identity of residential neighbourhoods, although an increasing demand for various types of multiple residential accommodation is recognized. In providing for these demands, varieties of residential types will not be mixed indiscriminately, but will be arranged in the gradation of building heights and densities according to the following guidelines and applicable secondary plan policies. 1.7.1 Single detached, semi-detached triplexes and other compatible housing forms shall provide the majority of the permanent residential accommodation in the City. These forms of residential development can occur up to a maximum density of 25 units per hectare and shall be located primarily on local streets. 1.7.2 Street townhouses block townhouses, maisonettes, apartments and other similar multiple unit structures 2 and 3 storeys in height can be developed to a maximum density of 50 units per hectare. The aforementioned development shall be located primarily on collector or major collector roadways and generally be integrated with residential plans of subdivision. 1.7.3 Apartments of 3 to 4 storeys in height can be developed up to a maximum density of 75 units per hectare. Such development shall be located at the periphery of residential neighbourhoods with convenient access to the arterial . '" Planning Analysis for 6293 Dorchester Road road system and public transit to minimize traffic movement on local streets and generally be in close proximity to schools, parks and open space, and neighbourhood commercial areas. It is clear from these policies that apartments of 3 to 4 storeys and a maximum density of 75 units per hectare should be located at the periphery of residential neighbourhoods with convenient access to the arterial road system and public transit as well as being in close proximity to schools, parks and open space and neighbourhood commercial areas. This site clearly meets all of these criteria with a proposed density of 47 units per hectare and a careful look at neighbouring characteristics. In fact, this development in my opinion is more appropriate in an area defined by policy 1.7.3, it could well meet the tests of building form outlined 1.7.2. In this policy, apartments of 3 storeys are permitted as well as townhouses, etc. as long as densities do not surpass 50 units per hectare. In this case, these types of developments may be more integrated within single family homes because of their lower density and reduced height to 3 storeys. The opening section of Policy 1.7 suggests that a gradation in buildin9 heights and density "according to the following guidelines" are applicable. Therefore, it appears that developments that meet the test of 1.7.2 could easily be placed beside developments that meet the test of 1.7.1 for a gradation of building heights and densities. There are no other form and density standards found in the Niagara Falls Official Plan. Policy 1.10 speaks to compatibility, building mass and other physical aspects and outlines that separation distances, landscaping and other buffer mechanisms should be considered in urban form: 1.10 New residential development infilling shall be designated and integrated to achieve compatibility and sensitivity with the surrounding area in terms of density, height gradation, building mass and arrangement, setbacks and appearance. Appropriate open space, separation distance and design measures, including landscaping and buffering, shall be provided to maximize privacy and to minimize any adverse impact on neighbouring uses. Clearly this development has taken this policy into consideration by the existing rear yard setback from neighbouring single family homes as well as side yard setbacks and building location consideration. I am reminded of the comment in this policy concerning compatibility that it has been shown on several occasions that compatible does not mean identical or even similar to but rather able to exist in harmony. There are clearly several apartment buildings of similar or greater density and height that currently live in harmony with single family neighbourhoods in Niagara Falls at a closer proximity than provided in this proposed development. The second test that is often used to determine if a proposed development meets standards is to compare the proposed development to the existing standards for the type of deveiopment in the Zoning By-law. This application proposes a R5B zoning for this property. The following table compares the standards in the R5B zoning to the proposed development. With a minor exception to 2. Planning Analysis for 6293 Dorchester Road the northerly interior side yard this development meets or exceeds all standards for R5B zones. Of note is the extensive rear yard setback of 17.85 meters compared to the standard of 10 meters and the 52% landscaping compared to the standard of 30%. It should be pointed out that the height of the building is proposed to be 12,5 meters as compared to 10 meters to incorporate architectural treatment not to increase the usable form of the apartment. Zoning Standards for R5B Zone Existina ADPlication Minimum lot area 133 sq. meters for each 210 sq. meters for dwellino unit each dwellinq unit Minimum lot frontaae 30 meters 30.48 meters Minimum front yard death 7.5 meters +50 meters Minimum rear yard deDth 10 meters 17.85 meters Minimum interior side yard width One half building height 9.5 on south (6.25\ meters 6.1 on north Minimum exterior side vard width 7.5 meters N/A Maximum lot coveraqe 30% 21% Maximum height of building 10 meters 12.5 with architectural treatment 10 without Number of aoartment dwellinas One One Parking and access requirements In accordance within Met Section 4.19.1 Minimum landscaDed ODen soace 35% of the lot area 52% The second question asked in this planning analysis is "How does the proposed change compare to other types of proposed changes?" In this analysis the site was designed for both townhouse development and semi-detached development. The attached figures show these proposals. The townhouses are stackable units for a total of 24 dwelling units. This would fit into the R4 standards for the municipality. Unfortunately, this design uses up more area for buildings and parking as compared to the apartment design with the result that landscaping is reduced to 40%. Also, in appearance the site contains a good deal of spread out asphalt to meet parking requirements and provide proximity to dwellings which is usual for this form of development. It is difficult to put a face on the development to Dorchester Road because of design constraints. Also, the rear yard and side yard setbacks are barely the minimum required in this by-law. Overall, this is not as desirable a change in land use as compared to the apartment scenario. However, it does place a more similar form of development (townhouses) a closer proximity to existing single family development. The stacked semidetached units are very similar to the townhouses in layout, height and density. However, the building mass has been broken up by having 3 meter gaps between the semidetached units. It has the same disadvantages as the townhouses proposed in terms of meeting minimum setback requirements. 3. , "' Planning Analysis for 6293 Dorchester Road Other Issues In past discussions with planning staff there was some indication that the development would be more desirable if additional bordering properties were included. The property to the south represents a stable well looked after single family home and is not available for redevelopment. The property to the north was available for redevelopment until the City of Niagara Falls issued a new building permit for a dwelling in 2000. Currently, two single family dwellings exist on the property with the new home behind the existing home. If the new home had been located closer to Dorchester Road, it would have created the opportunity to add additional lands. Apparently, the new homeowner wanted to use the extensive front yard for a larger parking area. This arrangement has effectively reduced any opportunities for additional lands. In a previous application, the property owner applied to sever an existing home from the developable property. Planning staff supported this application but it was turned down by Committee-of-Adjustment. It has been appealed to the OMB and is awaiting a firm hearing date. In the proposed development, we have removed some of the rear yard of the severance and added it to the developable property to assist in providing a larger rear yard. A proposal to redevelop this site for apartments was turned down by City Council in August 2003. At the public meeting it was the position of the applicant to have the matter deferred to address concerns raised by Planning staff. However, that request was not accepted by City Council. Rather than appealing that decision, it was considered more appropriate to discuss issues with Planning staff and reapply following some changes to the proposal. Conclusions This is clearly a site for infill redevelopment at higher densities. It is this type of redevelopment that is often described as "Smart Growth". There is a need to increased urban densities along well defined, transit friendly corridors such as Dorchester Road. The City of Niagara Falls is targeted by the Region and the Province as an area of future population growth in both the near future and long-term. It is imperative that redevelopment at higher urban densities be embraced to be able to sustain the population growth. Apartments are now a desirable investment commodity in Niagara Falls and it is important to recognize this relatively recent urbanization trend. I11ß~ RECEIVED (, prepared¿;y;\ Richard F. ~d M.A., MCIP. RPP DEC I 2 2003 PLANNING & DEVELOPMENT 4. 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'." _. \ \ -,. :¡ ~ :;; \ , t . .. t ï ~ , ,,"" "'" ;/"01 ~ 'I' ~ M ~ .- I I "' URBAN & CßMJ~ g, ENVIRONMENTAL 4701 St Clacc Avenue, Suite 301 , Niagaca Falls, Dntecco L2E 3SB MANAGEMENT INC, . phone 905.371.9764 . fax 905.371.9763 PROFESSIONAL CONSULTING SERVICES uemconsultingocom April 6, 2004 Project No. 03-U43 Mr. John Barnsely Am- '1-:) /d.øðS . i,~j';'~;;;¡~;d Planner II, Planning Departrnent l;:" i(ff!::~ v City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Barnsley: Re: Proposed Apartment for 6293 Dorchester Road This is to provide a brief update on considerations for this proposed development. As per recent discussions with you, my client has now agreed to reduce the height of the proposed building to 10 meters as per the R5A zone. Therefore, the proposed development meets all of the zoning characteristics for the least intensive apartment zoning in the City. As pointed out in Regional Planning's comments on this proposal, this development meets the tests of smart growth and all applicable Regional and Provincial policies. Furthermore, Regional and Provincial policies encourage this type of residential intensification in locations such as the one under consideration. My client has made a significant number of changes to enhance compatibility and meet local planning criteria. Given the position of the neighbours, It would not be possible to meet their concerns and still address Provincial and Regional planning policies encouraging residential intensification. Lastly, I would point out the conclusion on the Regional Planning letter, "the cUlTent application attempts to address local concems raised with the last submission." If you have any questions, please give me a call. I would ask that my planning report submitted with the application, Regional Planning's comments and this letter be appended to the staff report on this application. Yours very truly URBAN & ENVIRONMENTAL MANAGEMENT INC. RECEIVED APR - 8 2004 PLANNING & DEVELOPMENT Z:\UEM\Projects\03-U43\2004\letter to J. Bamsley April 6, 2004 Strategic & PrOleet . Ncagara Falls and . '" April 8, 2004 To: City Council Niagara Falls, Ontario NIHG. FlUS CLERKS'04 041:::: 10:51 RE: City File AM-4512003 -Zoning By-Law amendment application to amend Zoning By-law No. 79-200. To: The Director of Planning and Development We are writing to express our protest against the proposed zoning amendment to the land known as 6269 Dorchester Road and the westerly 292 feet of the land known as 6293 Dorchester Road. We wish to express our opposition to the zoning change of the above-mentioned property. We opposed this change last year(January 2003) and our objections are the same. We live at 6345 Dorchester Road, which is just a few properties away !Tom 6269 Dorchester. This change would immediately affect our privacy and the value of our property. We have spent a lot of money on our property, and spend most of our time at home entertaining or enjoying our yard. Please review Councils denial of this proposed change fÌ"om January 2003 and we believe that you will also deny this change. We do not want to have to fight to keep our neighbourhood as a single unit neighbourhood each year when the owner of the property has not made any changes to his initial plans. Please don't allow someone to threaten our neighbourhood each year with the same zoning amendment. It should be denied once and for all. Our objections are to a 3 story 25-unit apartment building, which would erode the privacy of abutting neighbours, as well as add congestion to Dorchester Road. We most vehemently oppose this change in zoning to this property. Please don't let our neighbourhood be changed. JI.wy. ~ ~~ Dar~ (905) 374-6469 6345 Dorchester Road 6345 Dorchester Road Niagara Falls, ant L2G 5T4 Niagara Falls, ant L2G 5T4 AprilS, 2004 To: City Council Niagara Falls, Ontario HIRG.FRLLSCLERKS'O404131O:51 RE: City File AM-45/2003 -Zoning By-Law amendment application to amend Zoning By-law No. 79-200. To: The Director of Planning and Development We are writing to express our protest against the proposed wning amendment to the land known as 6269 Dorchester Road and the westerly 292 feet of the land known as 6293 Dorchester Road. We have previously fought against this proposed amendment (January 2003) and are prepared to oppose it again. Please review the last time that this amendment was brought before council and you will see that many neighbours objected to this zoning change. Thankfully, Council listened to us and denied severance ofland and the zoning change so why must we fight against the same thing again a year later? The only difference in the owner's application is a reduction in the number of units ITOm 29 to 25. Everything else remains the same. All of our objections remain the same. We live at 6918 Coach Drive, on the corner of Coach and Dorchester and have lived in our home for 9 years. This is a great neighbourhood to live for our family. We purchased our home because of certain factors such as the large lots, privacy and surrounding single-family dwellings. We have spent a lot of time and money on our home. We have young children and a pool in our yard so we spend all of our time in our home and neighbourhood. Our neighbours also share our pride of ownership. This proposed change would immediately lower the value of our home! A great number of us in the neighbourhood recently worked with the new owner of Dorchester Manor to come to a mutually beneficial use for Dorchester Manor. The owner of 6269 Dorchester Road had a meeting with residents but only made small concessions that did not change the bulk of his application. The objections centre on a 3 story 25-unit apartment building, which would erode the privacy of abutting neighbours, as well as add congestion to the already horrendous traffic conditions on Dorchester Road. In addition to incoming and outgoing traffic ITom the building with noise and headlights, there would also be the problem of garbage and pollution. We most vehemently oppose this change in zoning to this property. Unfortunately we will be out of town for the Council meeting on April 19th so this letter is sent to speak on our behalf Ple7. beautiful neighbourhood be changed! !! " ~. ~~ l~ /./ -::::::,~ '" '\, ./_, . /R' ~~nde (90S) 357-3498 Shelagh Lalonde (9~5) 357-3498 ( /' 6918 Coach Drive 6918 Coach Drive ~/ Niagara Falls, Ont L2G~) \ Niagara Falls, Ont L2G ~ ~ \ .. Director Planning & Development, City Hall ".,,~ ~~;~~~d ""e. 2DtJ liJ!:> 4310 Queen Street, Po (j£IZK" Niagara Falls, Ontario. L2E 5Yl March 25, 2004. File AM-45/2003 I live at 6292 Brookfield Avenue. I have lived in the area for the past twenty years. We chose this area because it was a quiet residential area with a warm mendly atmosphere. Our lot is at the back of the lot on 6269 Dorchester Road. From the North end of Lot 6269 we extend thirty feet south on the back end of said lot. Our Master Bedroom is located in this area thirty feet from the fence line of 6269 Dorchester. With 40 Or 50 cars coming and going at all hours of the day and night, it will certainly interrupt our sleep. I also have a Twenty by Forty in- ground swimming pool that was put in 10 years ago. At that time I planted Fifty Cedar Trees so that I would have privacy. They are now Six Feet tall and give us a very nice back yard. With a twenty-four-unit apartment building at my fence line looking into my back yard I will no longer have any privacy whatsoever. Also South of the proposed development is a Large School Yard with a gate on Dorchester Road where the children cross to go to school. I do not need more traffic on Dorchester. There must be a better place in the City of Niagara Falls for an apartment building that is already zoned for a Commercial Building. All the neighbors I have spoken to are strictly against an apartment building in this area. Ernest Dragonette 6292 Brookfield Avenue Niagara Falls, Ontario L2G 5R8 RECEIVED MAR 3 0 200~ PLANNING .~ DE\{E!-.q~.MENT j ~~;;~id File: lONINb JClrf<.~ PB , March 24, 2004 6270 Brookfield Avenue, Niagara Falls, Ontario L2G 5R8 Director of Planning and Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario L2E 6X5 RE: File AM-45/2003 Dear Sir: When this project came forward in February, 2003 it was "defeated" as a 29 unit apartment building because we, the residents of a zoned, single family residential area rose up and indicated our displeasure. Subsequently, we were invited to a preliminary public meeting on January 20, 2004 at City Hall and the group of residents who appeared confirmed that we were not in agreement with any ofthe proposed plans that they were showing that night. We reiterated that single family dwelling(s) were what would be acceptable. Now, they expect us to be overjoyed with the 29 units being reduced to 25! What a slap in the face this is. As outlined in my letter of January 23, 2003, we wish to enjoy the neighborhood that we moved into 20 years ago. A neighborhood zoned for single family dwellings with lots abutting single family dwellings and not having a three story building with 25 families overlooking our back yards and unknown number of vehicles coming and going at all times of the day and night. Currently, we are getting more and more traffic because of people by-passing the lights at Lundy's Lane and Dorchester; the construction on the new Brookfield Crescent subdivision is proceeding with its dirt and damage to the newly paved Brookfield Avenue; and now we must suffer this affiont. When will it end. ¿ ~ &fa,"~ ' Eugene R. Oatley Patricia C. Oatley PLANNING & DEVELOPMENT ~\S) ~ r II,áoo,/- ..... . ..'""""[] ~ zilI'.. . ~ . ",", ,\¡....J',,>'" iD ~áJ1..- AM" 4o)á..d &6'"""'6 '7' .L- ~ ' . ' ~ ~~ ~..A t. F..)1..AM<i-L"'" ;Lo~. i ~ ~ ~-þ-" P. M - '=/~. . 3. ~ - -~ . r' ~-". . . -V-~ ...x"-'" J ~ .1-~ ~.)..-~M ~ töJ~ .->-~ ~ <>- < ~ - -p¡....ß- ~ ~ ~ ~ ~ -.:: 6~ ~. ~..ß.-~ ~ -~.J ~r~~." ~..o.$~'~ ...~,~ ..L-.:::R:.c-'<-..-h-I.--r-..--6:-6^-" ~-f: L - lI> . " - ,~ .~~~ - "t ~ -fr'--~ cl~- f!, -::¡ ~ . .' ./LL .~~~-f ~_....Þ-1i .~~.~-);¿ , ',["-"1 ~ ,....<'" ,/~ r.~~~~ Crr ~ - 'c;;~~':t:~ , <S- ~ ~ þ ~ -b, ß,.---t ~ ~-t. ~~. IS¡ ~ .J...~ ~ ~ .....---".v ~. ~~,,~-b. -tk-~ ~L~' P......- "~ tß,.:..., ~ ~ ~ J::~~ .~~.,...o.~ ~~~-\:.:' ~.J1"~ ~ p~ .--J ~.~ ~~ ~~~ L- à ~c: b 1'£ I-. c¡ (>5-.J5"4-.~D 2. ~'f- " Chris & Mary Antaya 6219 Dorchester Road Niagara Falls, Ontario L2G 5T4 April 14,2004 Director of Planning & Development, City Hall 4310 Queen Street Niagara Falls, Ontario L2E 5Yl RE: CITY FILE AM-45/2003 To Whom it May Concern, We are writing this letter today in reference to File AM-45/2003 and the proposed re-zoning of the property at 6269 Dorchester Road and the westerly two-thirds of the property at 6293 Dorchester Road which would then allow for the construction of a three-storey, twenty-five unit apartment to be built on the lands in question. In our opinion, such a construction project would be detrimental to the existing neighbourhood, and would like to go on record as being opposed to any project that would see multi-residential buildings of any sort being constructed on these lands. The original zoning is for single family residential, privately owned use and we firmly believe that it should remain as such. Currently there is an apartment complex to the north of our property, with one house, 6195 Dorchester Road in between. With this apartment complex towering over our backyard, with its many windows and countless pairs of peering eyes, we have very little privacy in our own backyard. A new three-storey apartment building will further compromise what little privacy we have in our backyard, not to mention the total lack of privacy to the home owne~s adjacent to these properties and directly behind them. These peo~le WIll no longer be able to enjoy the natural beauty of their yards, theIr pools, decks and patios if this construction project is allowed to proceed as outlined on the Site Plan of Schedule 2. . C?f further concern is the affect twenty-five additional residential unIts WIll have ?n th~ sewer system in this area. During the almost twenty years we have lived In our home, we cannot recall a time when any work has been done to upgrade, modernize or repair the existing sewer system in RECEIVED APR 1 4 2004 PLANNING ~ ~_.._. --..-..- this area. What affect will the flushing of twenty-five additional toilets and the running water of over fifty showers, tubs and additional sinks have on the existing system? During the construction of the "Imperial Court" housing development north of our property on the east side of Dorchester Road a few years ago, there were a number of days while the construction and connection of their water systems into the existing system were taking place, that brown water came running out of my taps and into my washing machine and hot water tank. With water meters in the city of Niagara Falls, is City Hall prepared to give the tax payers and water users on Dorchester Road, Brookfield Avenue, Claire Crescent, Stokes Street and the surrounding areas a refund for the water that they cannot use and will be forced to let run down their drains in order to have clear-running water in their homes? A third concern deals with the natural environment and wildlife in this area. Trees which have been growing for thirty, forty or fifty years and longer, cannot be replaced by saplings and be expected to provide the same amount of privacy, shade, protection from light pollution (which will be generated from lighting in the parking lot and also from the building and twenty-five units as well), and habitat for countless birds, opossums, wild rabbits, raccoons, squirrels and other wildlife in the area. The entire inner city wildlife refuge of this area will be changed, and not for the good with the addition of an apartment complex of this magnitude right in the middle of this area. This section of Dorchester Road and the surrounding neighbourhood are a prestigious area of the city with large lots which have been owned by the same owner for many years. Some of the residents in this area, have lived in their homes for as many as fifty years. Once people purchase their homes on these large lots, this is usually their final residence. Also, with the approval of a 42 unit condominium development at the site of the fonDer Dorchester Manor, the population density for this area of Dorchester Road will be increased as well as the traffic in this area. We feel that an additional 25 unit apartment building so close to this new development project will be more detrimental than beneficial to this area. As well, the developer has not made many changes to his original proposal by only reducing the proposed number of rental units from 29 to 25, which we feel is still too many units for the properties in question. With a twenty-five unit apartment building added to the area, there will be an increase in traffic along an already very heavily travelled roadway, which will increase vehicular pollution, noise pollution and also increase the air pollution as a result of increased exhaust. The increased . . road traffic creates an added hazard to children and other pedestrians walking or biking along the sidewalks, not to mention the number of vehicles which would be entering and exiting the proposed apartment complex crossing the sidewalk and slowing the flow of vehicular traffic on the road. With the current volume oftraffic and the cun-ent housing density in this area, it is already difficult to enter and exit our driveway with traffic sometimes backed-up to Stokes Street from the traffic light at Lundy's Lane and Dorchester Road. And just imagine the traffic headaches and tie-ups that will be caused by construction vehicles in and out of the properties in question and on Dorchester Road itselfl A final point of concern is the transient nature of renters. Since a person renting an apartment does not have an ownership stake in the property, we fear that there will be an increased threat of vandalism, graffiti and other crimes as well as an increase in litter and garbage in the neighbourhood if an additional apartment complex is constructed on Dorchester Road. It is for this reason, and the others outlined in this letter, that we strongly believe, that for the safety of the children and elderly residents of Dorchester Road, that the zoning should remain single residential for the lands in question. Thank you for your time and consideration in this matter. CA-~ ~ ~ J1- Chris & Mary Antaya . -h Planning - Scann$d File 20111/111& Cl,Ç"t<..IU ;/1.6. Apr. I 1,2004. DeV Vasic, MD. FRCS. FACS. MrsIVasic 6358 Brookfield Ave., Niagara Falls, Ont, L2G 5R8. Director of Planning & Development, City Hall 4310 Queen St Niagara Falls, Ontario. L2E 5Yl File AM-45/2003 My wife and 1 own a home that is adjacent to the southern property line of the proposed development Our home and backyard would be fully exposed to the longest side of the apartment building, with several balconies in full view. The privacy we have had for over fifteen years will be gone. We look onto both lot 6269 Dorchester Rd and lot 6293 Dorchester Rd. What we consider neighbourhood backyllTds you.unfortunately refer to as vacant land and thus justify the department's infill policy. Several homeowners in -our .neighbourhood.are retired. They choose to Ii\'e-here because it is an established, quiet neighbourhood. Since residents tend to stay in their homes for decades at a time, they know one another, and therefOre fèel safe. An apartment building placed in the proposed spot would adversely affect this. Twenty-five families that would have more transient natures, cannot be easily assimilated. Three properties to the west of the proposed buiJding would lose either morning or afternoon sun. Two of the properties have glass sunrooms , one a prized garden and the-Other a swimming pool. The privacy, the safety of personal property and the safety of individuals should be of primary concern. Increases in health related issues have been associated with higher density residences. Health problems such as a) sleep deterioration due to vehicles entering and leaving the apartment building parking lot at all hours b) respiratory problems due to vehicle emissions and over flowing trash bins and c) tbe general noise pollution related to any apartment building complex. This is a lovely matureneighbourhood The homeowners take pride in their homes and gardens, some for over fifty years. This residential area is one that has aged gracefully. Each and every home has been improved and carefully maintained over the years, no matter what it's value. Only single family detached homes have been built or been allowed to be built in this neighbourhood for the last fifty years. We would like this pohcy to continue. We are not against the development of single family detached houses similar to those existing in the neighbourhood. Surely elected otTicíals can plan the location of new high density developments without sacrificing the character and charm of its steHar mature neighbourhoods. RECEIVED APR 1 4 2004 PLANNING & DEVELOPMENT - . P.S. Since the last council meeting the developer has shifted the. building slightly and eiiminated only four apartments in his plans, therefore all our objections remain. We also are concerned that tax payers money is used to tear down a building on the property that was gutted by a fire of questionable causes. Sincerely, Dr. and Mrs. V Vasic. ,~ ' 'jr~ i/aA-~V . .. -» ~~;~¡d File; ZVrJlIV (-¡ Director of planning and Development, City Hall US;:(ZKsv~ß 4310 Queen Street Niagara Falls, Ontario L2E 6X5 City File AM-45/2003 14-April-2004 I thought NO meant NO Februarv 17. 2003 City Council Meeting - Zoning By-Law Application AM-46/2002 Proposed 29-unit, Three Story Apartment Building Subject Lands - 6269 and part of 6293 Dorchester Road DECISION - "NO" Januarv20. 2004 Information Meeting - City Hall Conference Room 2 Proposal to develop 25-unit Three Story Apartment Building at 6269 and part of 6293 Dorchester Road ANSWER - "NOn ADri119.2004 City Council Meeting - Zoning By-Law Application AM-45/2003 Proposed 25-unit, Three Story Apartment Building Subject Lands - 6269 and part of 6293 Dorchester Road WE NEED TO GO THROUGH THIS AGAIN? What has chanced since the first Drooosal? - 25 units instead of 29 (still 25 families in an area where there was 1 family) - House at 6269 caught fire at 3:00 am on February 18, 2004. House had to be knocked down. The large machine used to destroy the house and the pile of rubble are still there of this date. This must be the improved landscaping promised at the January20, 2004 Information Meeting. - Former Dorchester Manor will be a condominium complex I will not bore you with my concerns when this all started even though they are still there. RECEIVED APR 1 6 2004 PLANNING & DEVELOPMENT . To bring my location in perspective, the old receiving entrance for Dorchester Manor is directly across the road from my driveway. 6293 Dorchester Road is the property directly to the north of mine. Warning to the citizens of Niagara Falls - if your area is targeted as "below density", move out quickly. Do not turn and fight. Unfortunately, I am unable to attend the April19Ö1 meeting. J;L~wL Klaus Dunker 6311 Dorchester Road Niagara Falls, Ontario L2G 5T4 . .. Corporate Services Department PD-2004-34 l~ "'""'" . -'-" Doug Darbyson The City of 4310 Queen Street Director Niagara Falls P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 .J' web site: www.clty.niagarafalls.on.ca --- - Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: plann ing@city.niagarafalls.on,ca April 19, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-34, Official Plan & Zoning By-law Amendment Application AM-O612004, Part Township Lot 8, Biggar Road Applicant: River Edge Holdings (Bob Robinson) Agent: Tom Richardson, Solicitor Proposed Contractor's Shop/Office and Yard RECOMMENDATION: It is recommended that: 1) Council maintain its planning program of requiring industrial uses tD be located in Industrial designated areas within the Urban Area Boundary; and 2) CDuncii deny the requested Official Plan and Zoning By-law amendment applications for a proposed contractor's shop/office and yard on the north side of Biggar Road, west of Morris Road. * to 1)prove with the Conditi~ns as list~d.and c~nditional on the BACKGROUN: successful cornpletwn of CondÜlon #2.' River Edge Holdings, through its agent Tom Richardson, has requested amendments for 1.1 hectares (2.72 acres) ofa 17 hectare (42 acre) parcel ofland located on the north side of Biggar Road, west of Moms Road, as shown on Schedule I. The applicant proposes to establish a 1,064 square metre (11,453 sq. ft.) contractor's shop/office and yard on the subject land. Details are shown on Schedule 2. The land is designated Rura1l Agriculture (Deferred) in the Official Plan and zoned RuraV Agriculture according to By-law No, 1538 for the fonner Township of Crowl and. The applicant is requesting a Special Policy Area designation to be applied to the land to site specificallypennit the contractor's shop/office and yard. A complementary Zoning By-law amendment is also requested to pennit the proposal. Working Together to Serve Our Community Clerks Flnence . Humen Resources Informetlon Systems . Legal Planning & Development .-..------.-.---....---- - _..-._--- -..--- April 19,2004 -2- PD-2004-34 Site Description and Surrounding Land Uses The subject property of 1.1 hectares is part of a larger 17 hectare parcel owned by the applicant that extends between Biggar Road and Grassybrook Road to the north and has a westerly frontage along the unopened road allowance of McKenny Road. The north portion of the larger parcel has been fanned for field crops in the recent past. The southern portion is mostly forested. The applicant has already undertaken significant site works in anticipation of this application. The subject property was cleared of trees last swnrner without obtaining the required approvals under the Region's Tree Conservation By-law. The site has been graveled and staked for the building location and the fire fighting pond has been installed. Surrounding land uses are consistent with the rural/agriculture area comprising of fanns, single detached dwellings, woodlots and vacant lands that appear to be fallow. A licensed wrecking yard is located to the west of the subject property on the south side of Biggar; however, it appears to be underutilized currently. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public, with the following comments being received. . Regional Planning & Development The fundamental consideration is the appropriateness oflocating an industrial use in an agricultural area and the effects of permitting this development. As the application pmports that the business is to be relocated from Grassybrook Road, the existing use should be removed from the Grassybrook site and a Holding zone or legal agreement used to ensure that the lands return to an agricultural use. Preservation of the (remaining) woodlot is a concern given that the applicant cleared the subject property without obtaining approvals from the Region under the Tree Conservation By-law. Provincial Review comments are noted in the Region's letter which is included on the agenda. . Municipal Works Stormwater management techniques will be addressed through the site plan agreement. . Building & By-law Services All required permits are to be obtained prior to the commencement of construction. April 19,2004 -3- PD-2004-34 . Parks, Recreation & Culture - Recommends implementation of the Tree Preservation Plan as part of the site plan agreement. Planning Analysis 1. The proposal is not to simply relocate an existing business. As outlined in the applicant's planning report, the applicant currently operates its business (the maintenance of sanitary sewers and watennains) trom a leased 0.45 ha (1.1 ac) property located on the south side of Grassybrook Road. The lease prohibits construction below grade which essentially results in the inability to construct pennanent buildings. The report continues: "This has the effect of prohibiting future expansion ofthe business and increased employee complement". Moreover, the property containing the applicant's residence is also used for storage. Based on this, it can be sunnised that the extent of operations will be expanded and intensified on the subject property. The applicant has not guaranteed the cessation of operations on either the leased lands or the residential property. If approved, the potential exists that this business will be operated over three different properties. 2. The proposal requires an amendment to the Regional Policy Plan. As noted in the comments trom the Region, the proposal requires an amendment to the Regional Policy Plan. Application has been made (Amendment No. 179) and is currently being reviewed by the Region. The Policy Plan clearly states that non-agricultural uses should not locate in agricultural areas as these uses have an adverse impact on the agricultural and natural resources. The Region has commented that the fundamental issue is the appropriateness oflocating an industrial use in an agricultural area. This is discussed in detail below within the context ofthe City's Official Plan. 3. The requested Official Plan amendment is not appropriate. The subject property is designated Rural! Agriculture in the Official Plan. While these policies have been deferred by the Ministry of Municipal Affairs, they represent Council's planning intent for Rural! Agricul1ural areas. In considering applications for Official Plan amendments, Council generally considers the following matters: (a) The Conformity of the Proposal to the General Objectives of the Plan The subject lands are designated Rural/Agricultural in the City's Official Plan and Good General Agriculture in the Regional Policy Plan. The Rural/Agriculture policies of the City's Official Plan state that the predominant use of land is agriculture of all types, forestry, conservation uses and farm-related residential dwellings. The objective of the policies is to provide for a country lifestyle and atmosphere. . ,. April 19,2004 -4- PD-2004-34 The proposed contractor's yard does not confonn with the intent and objectives of the Regional Policy Plan or the City's Official Plan. The proposed use is not small- scale, occupying the entire 1.1 ha site area with an 11,400 sq. ft. building, a parking area and a large equipment storage yard, employing 40 people and utilizing heavy equipment and machinery in its day-to-day operation. Staffhas been advised that the applicant is proposing to expand the business with the purchase of eight additional vacuum trucks (there are currently four) and a further 10 employees. Such business is not compatible with a rural area because of noise impacts, the physical extent of the operation and the constant use of heavy equipment and trucks on the roads. Moreover, while the applicant states that the business serves agriculture, this only accounts for 20% whereas the majority (80%) of the business services urban areas. Non-agricultural uses are to integrate and blend into the area so as not to intrude upon its rural character. Clearly, the business is an urban use that is not compatible with a rural area and should be located on industrial lands. (b) Suitability of the Site or Area for the Proposed Use, Especially in Relation to Other Sites or Areas of the City A review of land uses in the Crowland area indicates a large percentage of fanning activity, mostly in growing field crops. The applicant's business is an industrial use that should be located on area intended for such uses. Industrial areas are intended for the development and growth of industry and, in general, are well separated from sensitive land uses. The December 2002 Regional Industrial Land Survey Atlas showed that the City has almost 8,800 hectares (21,744 acres) of developable industrial land available within the Urban Area Boundary. This amounts to the largest amount of developable industrial land within the Niagara Region. With such an inventory of land that is suitable for the proposed use, there is no real need to amend the Rural/Agriculture designation of the subject property to pennit the development. The applicant has provided a review of certain properties as a comparison to the subject lands. Unfortunately this review is quite selective. It is unlikely that it is a representative picture of available industrial land. (c) Compatibility of the Proposed Use with Adjacent Land Use Designations and Natural Resources Industrial uses are generally incompatible with sensitive land uses such as rural residential and agriculture. In essence, rural areas are comprisedoflow intensity land uses, the presence of natural areas and fannlands. The proposed contractor's yard, with its dependance on heavy equipment and large outside storage area (45% ofthe lot area), is a general industrial use. Such uses should be located in designated industrial areas and should be well-separated from sensitive land uses. Although the applicant may state that area residents may not be opposed to the proposal, the incursion of commercial or industrial traffic into areas of sensitive land uses is a usually a major point of contention for residents and occupants. The impact of this industrial land use may not become an issue until the use is operating. April 19,2004 .5- PD.2004-34 (d) The Extent to which the Existing Areas of the City Designated for the Proposed Use are Developed or Available for Development As noted above, Niagara Falls has almost 900 hectares of industrial land available according to the Regional Industrial Atlas. The applicant's planning consultant provides a list of properties that were considered (a number outside of the City) and rejected for a variety of reasons. Of note are properties within the Montrose Business Park and at Montrose Road and Biggar Road. The planning report rejects these lands as the contractor's yard is thought not to be compatible. The rationale for rejection is difficult, at best, to accept from a planning perspective. Both areas have long been established as Industrial areas in the Official Plan. Both are well separated from sensitive land uses and are located on Montrose Road with ready access to the QEW. Any concerns regarding integration are merely aesthetic and could be addressed through site planning. Typical land use conflicts are not an issue in these locations as they are with respect to the subject property. Further possibilities exist, some ofwhÍch may involve land assembly or renovation to existing buildings. These areas would include the north part ofthe Falls Industrial Park (Ramsey Road, Kister Road), Stanley Avenue north of Portage Road and lands on the north side of Buttrey Street. Also, lands which were fonnerly occupied by Treibacher, on the west side of Stanley A venue, north of Thorold Stone Road, are being considered tonight by Council for a Zoning By-law amendment. These lands are a very suitable location for a contractor's yard. In conclusion, it is clear that there are ample opportunities available for the applicant to locate the business on Industrial lands in the urban area. (e) The Availability of Adequate Muuicipal Services and Facilities for the Proposed Use and its Impact on the Transportation System, Community Facilities and Natural Environment The area is not serviced by any municipal facilities. As such, a septic system would be required to be installed to the satisfaction of the Regional Public Health Department. Regional Planning and Development has commented that there is a concern regarding preservation of the woodlot to the north, given the level of development that has already taken place without approvals. Very few mature trees appear to have been left on site. CONCLUSION: Based on the foregoing, staff is recommending denial of the requested amendments, because: . the proposed contractor's yard does not confonn to the general objectives of the Official Plan; . the Rural/Agricultural policies do not envisage the development of general industrial uses which are not compatible; April 19,2004 - 6 - PD-2004-34 . the subject lands are suitable for agriculture or uses nonnally found in a rural/agricultural area; . the contractor's yard is an urban use which should be located within an Industrial district in order to avoid land use conflicts and issues of incompatibility; and . there is an extensive supply of Industrial land available for development and ample opportunities exist to locate the contractor's yard on industrial lands. However, should Council consider approval, then a number of conditions should be satisfied prior to the adoption ofan Official Plan amendment and passage ofan amending zoning by-law. To adopt the amendment and pass the by-law without these conditions would be premature and would lead to proliferation of the business over the applicant's land holdings. . Approval of a Regional Policy Plan amendment. . That the applicant and owner of the leased lands on the south side of Grassy brook Road enter into an agreement with the City respecting the cessation of use of the leased lands and consolidation of the business onto the subject property and include submission of a Letter of Credit as a guarantee. . That an Environmental Site Assessment be undertaken on the leased lands in order to detennine if remediation measures are necessary to provide for safe restoration of the lands. . The Site Plan Control By-law be amended to place the subject property under site plan control. . That the site plan agreement address detail design issues, mitigation and screening measures regarding the storage area and tree preservation. Prepared by: Respectfully st4 /L ~~ f John Barnsley ohn MacDonald Planner 2 Chief Administrative Officer Recommended by: '\:D v7 - Doug Darbyson Director of Planning & Development A~~, T. Ravenda Executive Director of Corporate Services JB:gd Attach. S:\PDR\2004\PD2004-34. AM.O6.04, River Edge-Biggar Road.wpd SCHEDULE 1 LOCATION MAP Subject Land ~ ~¡ l~L 0 0: en æ 0: 0 - ~~ ~ ~. ~ a ~ ~i ~ H " ~ {¡~ ~"- Iii i> ,-" " j~ . ~ ~ õ c " :¡: >- ~ ~ ¡:; I Amending Zoning By-law No. 79-200 ~ LacaOon. North "de of B,ggar Road ~ Applicant: River Edge Holdings AM-O6/2004 INTS JC\GIS_R,q~"QOO4\S,h,d,,',,\Zoru"gAM\AM.{)6,",ppmg.'pc M=h '004 . '" ð ~I ,":;SCHEDULE2 ¡II ;~!'~ ~! ~§;ìi I:;;;;; 'ì r-,..,I:"""'"',',.,,,!,,,,,.!I Ii,hq,¡! I : ¡¡¡ !'¡¡d~ >-1 o~.~ , ij ¡ "I I..! III ~ ~ ~,~~; ¡II,' !,I;>;3 U;I'!~ '6$O,," I,i Q" ~ ~~~ Hi 1m :: ~ . , , " ~ ~ " ~ g " " I 'I I iõ ~ i ii!¡ 1:: I' I," ", i' """ I I ¡¡ I .: " "I ... '.. " i',.'"., ",'!:'"",', 1..,:,,11:. "" "',,'Ii ".--..., I I: ',I I,' i~1 I , avoa a'DOIO ~ g ,- I.' I I, ; ..~ III i,llli lilli,' ¡'!,I 'fill II i ' -I ~e 1i!8 !i:i, 1,Ii Ii! I!J ,II '1111'1 llii ¡" !!,II".i[!!",!'II,'!, ' I I! i,I,li !~ ¡ ~I!, ¡.¡ Illi I¡, .." ~~I t}~il ! I':f ~ ~i : -1 '" Itlt '" I: 0 l- . . z ".. . Ii ", W g (! ~ I I, } > re ~a.. ---------- ~. -10. ~, - "" zo ~'I!!~: ! W""Z..J i~ I ~ O:z::5~ Ii ,'¡!f :p' W ~ a..:g Þ - I. ~ ~ ... " , I ¡ "" i . ¡IIi: . II Iii - 'i¡lll, ,II II! "'. --1 ¡I ,I =!I' '1 I !I ti !Ii; ----------... I'"' I ¡ II ;!II lil.' '". ¡: I: I' III I ¡ :1!I rI I¡II ¡ fl Ii i ¡! !i, gl,'i! !Iii ..1 i '1!l11 : ¡'I ;:1: , 111ft il 1'1 ..,\ -.. .", ¡ ïl! I! ,:, ihli I!¡¡ 'c.,,--._----------,--- ---""'-"""-.- -------._--------f 'I '! ,Ii '1:11 !Iil ,-----..~) -""~".,. """"'-----.~,.......---+ .. . . - , . - ..,'n i I '.",<OM' "'" ( II I , ,'-I! ._~. ; ¡ ì !. ¡ I , .-- ~! I ¡I' I I I! I . ( I! h I ¡ I '! ¡ ., > ! I "I' !. "'" t,,' ~ill ¡ 'I '" '"' ~I ! ' " ! ! , ,~,,~""~"'Ei'~i! 'II li~ ""~"v_'"- ~!!! Hli !!!, ~-. .- ~. .~--- ....,- -_u_- _d -- ----- .~.. ~. A'1T)/: )0111/ f3AÆ)./5LEÝ To Whom It May Concern: I am writing this letter regarding the zoning amendent application on Biggar Rd. CITY FILE AM-O6/2004 I would like to voice my concerns with this type of comercial business in the area. My main concern is with the traffic of trucks and equipment, leaving and returning from the site throughout the day. Although 1'm sure we will be promised buisness hours, there will be long hours in the summer, emergency situations at all hours and 1'm sure snow removal and dumping at odd hours. Another concern is the equipment noise and reverse alarms on the site itself. I know it is just a matter of time before development spreads to Crowland Township. I feel the present course of hobby fanns and estates with ace rage, is a pleasant setting to live, and the peace and quiet of the country is why the residents chose to live in this area.The exceptions being properties subject to special zoning prior to the City of Niagara Falls take over of Crowland Township. I also speak for another area resident who do not want noise, extra traffic or privacy violation, but fears hard ~Iings or retalíation if anything is said. I do hope you take this letter into serious consideration and I thank you for your time. Z '";;;:;1" ~ rnuÆ RECEIVED APR 1 4 2004 PLANNING & DEVELOPMENT Corporate Services Department PD-2004.36 .J ~ p",p'p, & Cwo.pmo" Doug Darbyson The City of 4310 Queen Street Director Niagara Falls P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 ..i web site: www.city.niagarafalls.on.ca --- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca April 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-36, Public Meeting Garner Estates Phase 5 Draft Plan of Subdivision File: 26T-1l-2004-02 Owner: River Realty Development (1976) Inc. RECOMMENDATION: It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for review of the Garner Estates Phase 5 Draft Plan of Subdivision. BACKGROUND: The purpose of this Public Meeting is to receive infonnation and provide an opportunity for the public to comment on the proposed subdivision. Planning & Development will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. There is to be no decision made at the meeting held tonight. Notice ofthe Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. Proposal The applicant proposes to subdivide a 7.93 hectare (19.59 acre) site into 102 lots for single-detached dwellings and one lot for a semi-detached dwelling. The property is located between Garner Road and Kalar Road, north of McLeod Road and south of the hydro corridor as shown on Schedule I. The road pattern includes extensions to Westport Drive and to streets in the draft approved Garner Estates Phase 4 subdivision. The main north-south subdivision road tenninates at the north limit of the proposed plan to be continued on abutting land in the future. There is one single-detached lot proposed with direct access to Garner Road. Schedule 2 illustrates the submitted subdivision layout. The City's Official Plan designates the property Residential which pennits a variety of housing types. The land 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 for the single-detached lots with a reduced front yard dwelling setback for Working Together to Serve Our Community Clerks Finance Human Resources information Systems Legal Pianning & Deveiopment April 19,2004 -2- PD-2004-36 the lot on Gamer Road, and to the Residential Single and Two Family (R2) zone for the semi- detached lot. The related zoning by-law amendment (File AM-12/2004) will be subject to a Public Meeting at a later date. Preliminary Review Based on input received to date from the circulation ofthe subdivision and preliminary staffreview, the following outlines some ofthe issues for consideration in the lotting design and future decision on the applications: . There is a Provincially Significant Wetland (pSW) located on portions of Lots 1 and 2 in the northwest section ofthe plan. The applicant is undertaking an Environmental Impact Study to detennine if residential development is possible on the land with suitable protection measures; and . This subdivision, as well as earlier phases of Gamer Estates, provides predominantly single- detached housing reflecting the current strong market for this dwelling type. However, planning policies encourage a greater housing mix to include multiple residential units and increased densities. CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Prepared by: Respectfully submitted: ~~ Iooo M~'!!1 Richard Wilson Planner 2 Chief Administrative Officer Recommended by: ~~ Doug Darbyson Director of Planning & Development Approved by: 'f~ T. Ravenda Executive Director of Corporate Services RW:gd Attach. So\PDR\2004\PD2004-36, Gamer Estates Phase 5 Deaf! Plan ofSubdiyision.wpd SCHEDULE 1 Proposed Plan of Subdivision Garner Estates Phase 5 26T -11-2004-02 Location Map HYDRO CORRIDOR 0 0: 0: w Z 0: <3 \ I MCLEODRD , Subject Land . I:NTS ""1IS Roouosts\2004\Schooulos\Subd;v;,;oo<\g,mc,s\m,pp;ng.'", Meech 2004 . ",. ---------~----._--_._---_._-----_._---._._~---._------------------- SCHEDULE 2 I I . !, z '" t; II! '. 0 0" . z< hi, ! . I ! i 6 .15,,;J §'I ~~""g I !I II, 3 ""'",,¡Íi! "II~:S I~ !' ,," ~! ; ~ :¡~I~§ I!;: ~:I I, ~~!!!!~ .1.' ; I d i~i ~ 3 0,'1",.!", Ε“¡, I~~ "9,1 - - ~i "~!'I'~~!!II! 8!' ~~ o' ~ ¡:;~! t; 'oJ ..~ I! ~ ¡!¡- !1.8~ !!I13; . !'»>§" ~ V> _! ¡!I~- "" ~. '" ",. ~., I ¡ ! CJJ. ¡ I ¡ . ¡ ~ ¡o! ;> ¡ol ~ !o! ¡ ! -;" ! ¡¡.¡ , .. , iZ) . , . , ~ ..! ~ ! ;" i ~ :;! - , - p... '" ! o! '" :S ! .. ! ..,~ :( . , - ~o II" L"'; 0' 0 ' <r; z ¡' - ' .- r-- '" . . ¡ eno ~~ () I Hi d ! -$- -I .. I ! ! ! ! ! ¡ , ~ I .¡) , ¡ ! . ¡ ¡ ,I, U N3"~" 'N~;S' Xl =- -,~ ~....:.J-,-..1- p", ",.", II ~¥ 191 Carlton Street, St. Catharines, Ontario L2R 7P4 (905) 6411550 Fax: (905) 685-8511 William R. McLean, Director of Education and Secretary April 7, 2004 r:¡~~~:~~~"-1 l!lle S-~- Mr. Doug Darbyson, Director of Planning & Development, City of Niagara Falls, P,O. Box 1023, Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Board Comments On Circulation Of Garner Estates Phase 5 Draft Plan Of Subdivision The District School Board of Niagara wishes to request that the City of Niagara Falls extend the time limit for submission of Board comments on the Gamer Estates Phase 5 draft plan of subdivision to April 15th, 2004. The Board will be considering a recommendation on the Gamer Estates Phase 5 plan at the regular Board meeting to be held on April13th, 2004 and a letter indicating the Board's recommendation on the plan will be forwarded to the City of Niagara Falls by April 15th. Thank you for your consideration of this matter. Yours truly, BO~~' Manager, Planning & Transportation (905) 641-2929, Ext,4221 RECEIVED APR - 8 2004 PLANNING & DEVELOPMENT . '" BUDGET MATTERS Page 1 of 1 Dean Iorfida . Capital Budget Presentation From: Ken Burden To: Dean Iorfida Date: 4/14/2004 11:53 AM Subject: Capital Budget Presentation - - Just to advise that the release of the Capital Budget will be postponed to the evening of the April 19th Council Meeting, It is not intended for the Council to make a decision that night. In the Council Agenda, please indicate that John MacDonald will be presenting the final draft of the capital budget and handing out the document at the same time, and that a decision request will be coming up on May 3rd. Thanks file :// C: IDocuments%20and %2 OSettingslAdministratorlLocal %20 Settings 1 Temp lOW} 000... 4/14/2004 . " Gord Singleton 3560 Cardinal Drive Niagara Falls, Ontario L2H2YI April 12, 2004 PARKS. ¡.Ε’CREATIO.~., & CIILTlJlΕ’ Dear Mayor Saki & Members of City Council: Re: Phase 2 of the Millennium Recreation Trail I am a strong supporter of the development of off road recreational trails and on road cycling facilities. I was fortunate to be part of the Official Opening of Phase I of the Millennium Trail in June, 2001 and looked forward to the commitment expressed at that time for the development of further phases of the trail. It was expressed that the City would be developing future phases of the Millennium Trail that would link residential areas to area schools and other parks. In speaking with members of the City's Trails & Bikeway Committee, I understand that there may be further delay and the possibility of no funding to begin Phase 2 of the Millennium Trail in 2004. Cycling has been and continues to be a big part of my life. I realize that trails provide a safe off road recreational path for walkers, joggers, cyclists and rollerbladers and an opportunity for people of all ages to exercise and keep physically fit. They also provide the opportunity for people to simply walk and experience the natural scenic outdoors, within easy access to their homes. It would be unfortunate to delay the development ofthe Millennium Trail when we consider the benefits that are derived from the use of such trails by so many people in our community. Unfortunately, I will be out of the country on April 19,2004. However, I wanted to express my support to the Trails & Bikeway Committee's efforts and express to the Mayor & Members of Council on how important the development of recreational trails are to the community. Thanks for allowing me to express some thoughts on this important matter. Yours truly, J~~j~ Gord Singleton . .. ~' V;OOMO Infirmières NIAGARA BRANCH VaN Carum Order de I'Ordre SUCCURSALE DE NIAGARA 1 08:u 6- of Nurses de Victoria 0 lYJ ~ ~ VON :: Ca"ß~ Life "'Q..~'<"""", ""v ~ L¡FE so~G' March 23, 2004 S~k Vie City of Niagara Falls 4310 Queen Street Niagara Falls, ON VISIIII1,' L2E 6X5 NUI,"'g ['"I"ab,c Attention: Mayor and Members of Council Care Re: Request for Proclamation National YON Week May 17 - 23, 2004 Dear Members: May 17 - 23,2004 is National VON Week, VON Niagara is seeking recognition and support through fonnal proclamation, The Victorian Order of Nurses is a part of the history of Canada, of its expansion and development, and of its changing ideals through two world wars, a Great Depression, and the F,Mrn,ll1ma, introduction of new medical technologies, VON is a Canadian treasure committed to a second century of service. Of special note is the celebration of VON Niagara's 85th anniversary of providing quality, personal health care to those in our community who cannot care for themselves. We are confident that Council will acknowledge and support the great work of VON within the Niagara community by introducing a resolution and fonnally proclaiming May 17 - 23, 2004 as "VON WEEK". Thanking you in advance for your assistance. Sincerely, w,'Ii,',c" ~~~~~ Jacinta Kovich Assistant to Executive Director APR 1 9 2004 PLANNING. MEETtNG.__...------ ..'." ""'---""""""-""""-"',""m".....".------- " eiOGUpleUI 905.641-5~/JG . '" Clerk's Department Inter-DeDartmental Memorandum To: Mayor Ted Saki & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Emergency Preparedness Week, May 2nd to 8th Please find attached some background information from the Ministry of Community Safety and Correctional Services on Emergency Preparedness Week. As the information indicates: EP Week is an ideal opportunity for communities to focus on promoting personal emergency preparedness initiatives and the local community emergency response plan. Council's proclamation of the week is respectfully requested. ~ APR 1 9 2004 PLANNING MEETING worki110 Tooetber to Serve Our Commul1it;!) Ministry of Community Safety and Correctional Services From: Laura Carroll To: Barb Muir Date: 4/15/2004 1:04 PM Subject: Fwd: Council Agenda, April 19/04 - Proclamation for Emergency Preparedness Week 2004 - May 2 - 8 ~ Ontario Ministry of Conununity Safety and Correctional Services I skip navigation central site I reedback search I sitemap français I Location) Home) Public Security) Emergency Management Ontario) Emergency Preparedness Week 2004 About the Ministry . ------ --- -. -______n_n_n_n___- Correctional Services Emergency Management - - - - u - - - --. - - -- - - - - - n - - - - - - n - - Policing Services Ontario u -. -- - -- - - -. - - - - - - - n - - - - - - - n - - Public Safety 00000000 0000 - 00__--- --- - n- nn n Emergency Preparedness Public Security Emergency Management Week 2004 Ontario . Emergency Management Ontario Prepare Now! Learn How! . About Emergency Management . CERV Ontario Emergency . Emergency Information Preparedness (EP) . Emergency Survival Kit Week 2004 is from . Public Education May 2-8 and 0 Emergency Preparedness Emergency Week 2004 Management 0 Backgrounders 0 Emergency Survival Kit Ontario is again 0 Ε“ Public Safety and playing a leading Emergency Preparedness role co-ordinating Canada activities and . News events on behalf of . Training Ontario. The theme . Archives this year is . Related Links PREPARE NOW! __n______--- ---- --- ----------- -- LEARN HOW! This FAQs section will be ------ -------------- --______n- -- updated frequently Publications with information --- ------ ------- - --- ------ ----- -- A - Z Index communities can Click poster to go to federal EP Week Web --- --- --- nn n- - -- - ___au - _u- u use to plan their site. Contact Us own activities, so please check back regularly. top of page sub section navigation main navigation I I I I file ://C: \Docwnents%20and%20Settings \AdministratorlLocal %20Settingsl Temp lOW} 000... 4/15/2004 Ministry of Public Safety and Security Page I of3 ~ Ontario Ministry of Community Safety and Correctional Services I skip navigation I central site I feedback I search I sltemap I françals I Location) Home) Pubiic Security) Emergency Management Ontario) Public Education About the Mini~try . - ---------- -------------- -- --- -- - Correctional Services Emergency Management ---- ------- ---------------------- Policing Services Ontario ----------------------------- --- - Public Safety - - - - - - - - - - - - - - - - - - - - -- - - - -- - - - -- - Public Education Public Security Emergency Management Ontario . Emergency Management Backgrounder Ontario . About Emergency Management Emergency Preparedness Week 2004 . CERV Ontario . Emergencv Declarations National Emergency Preparedness Week is held each year early . Public Education 0 Emergency Preparedness May, and this year runs from May 2 - 8, 2004. Week 2004 0 Backgrounders During Emergency Preparedness (EP) Week, many communities in 0 Emergency Survival Kit all provinces and territories will be participating in activities aimed 0 ~ Public Safety and at increasing awareness of emergency management nationwide. Emergency Preparedness Canada The theme for 2004 remains "Prepare Now! Learn How!" because . News citizens are responsible for their own safety and that of their family. . Training . Archives T k P Wk' . .., . Related Links . 0 ma e E ee a success In your community, It IS I~portant to -------u_---------..------------ Involve some key groups. The support of local fire, police and FAQs emergency medical services, as well as schools, hospitals and local --------------------------------- media, is important. Encouraging partnerships, for example, :~_:~~~-~~~--------------------- between business and community groups, is another way of getting Contact Us the Emergency Preparedness Week message out. Establishing community working groups, or EP Week committees that include representatives from these areas, will facilitate the planning and implementation of activities. The activities in your communities don't have to be time, cost or labour intensive. Choose events that you feel will best promote the week, according to the resources available. You need not carry out all the activities listed here to have a successful Emergency Preparedness Week. If you have other ideas about promoting preparedness activities, try them out! The Ontario Emergency Management Act includes components for public awareness and education. These are crucial to an emergency management program. EP Week is an ideal opportunity for communities to focus on promoting personal emergency preparedness initiatives and the local community emergency response plan. http://www.mpss.jus.gov.on.calenglishipub - security/emolbackgrounderslbg- epweek _2004... 4/16/2004 Ministry of Public Safety and Security Page 2 of 3 Every Ontario municipality has a designated Community Emergency Management Coordinator to develop and implement community emergency programs, and to act as a resource for the community. As the Head of Local Council, we encourage you to: Make a Community Proclamation . Proclaim Emergency Preparedness Week at a local council meeting; . Ask families to look at ways to reduce risks in homes; . Share information about your community emergency management plan with local media and invite them to cover EP Week 2004 events; . Display EP Week 2004 posters in high traffic areas, such as libraries, community centres, community offices, hospitals, heaith clinics, etc. Share Information on Your Local Community Emergency Pia n . Inform the community about your local Emergency Response Plan: its preparation and status and where it can be reviewed by the public; . Outline the types of emergencies, natural, human-caused and technological, that pose risks to the community, Profile your Emergency Measures Organization and Mutual Assistance Arrangements . Highlight the efforts of your emergency management organization and how it is ready to respond; . Announce who your Community Emergency Response Co- ordinator is and what their position entails; . Promote your Community Emergency Response Volunteers team If one is established in your community; . Describe community exercises that are used to evaluate the community emergency plan; . Describe past emergencies and measures taken by the community emergency management organization to prevent or minimize the impact of a recurrence; . Highlight mutual assistance arrangements with neighbouring communities and the benefits that these bring to the community. Promote family preparedness . Prepared your family's emergency evacuation plan - then practice it; . Distribute the Be Prepared Not Scared brochures at community events or in a general mallout; . Place a link to the EP Week or EMO Web sites on your community Web site; . Place the EP Week planning kit on your community website. For more information, contact the EMO Public Education http://www.mpss.jus.gov.on.ca/english/pub- security /emo/backgrounderslbg- epweek _2004... 4/16/2004 Ministry of Public Safety and Security Page 3 of 3 Officer nearest you. EMO Head Office EMO - Southwest EMO - North 77 Wellesley St. W Drew Madison Jeannine Morin Box 222 P.O. Box 20018 PO Box 2631 Toronto, ON 416 St. Clair St. 1776 Lasalle Blvd, M7A 1N3 Chatham, ON Sudbury, ON Tel: (416) 314-3723 N7L 5K6 P3A 5J2 Fax: (416) 314-3758 Tel: (519) 355-1606 Tel: (705) 693-9124 Fax: (519) 355-0374 Fax: (70S) 693-9850 EMO - Central EMO - Southeast EMO - Central Sarah Marsden Suzanne Carrier- Jude Kelly 77 Wellesley St. W., Armstrong 77 Wellesley St. W" Box 222 PO Box 1694 Box 222 Toronto, ON Cornwall, ON Toronto, ON M7A 1N3 K6H 5V7 M7A 1N3 Tel: (90S) 273-5172 Tel: (613) 933-1363 Tel: (416) 212-3471 Fax: (90S) 273-3081 Fax: (613) 933-5223 Fax: (416) 212-3498 top of page I sub section navigation I main navigation central site I feedback I search I sitemap I français (iJ Ontario This site Is maintained by the Government or Ontario, Canada. It] External Links Disclaimer Copyright Information: æJ Oueen's Printer for Ontario 2002 Last Modified: February 2, 2004 http://www.mpss.jus.gov.on.calenglish/pub - security/emolbackgrounderslbg- epweek _2004... 4/16/2004 . ,. EMERGENCY PREPAREDNESS WEEK: MAY 2-8, 2004 . Learn more: Emergency Preparedness Week Page 2 of 3 Frequently asked questions What is Emergency Preparodnoso (EP) Week? EP Week is an annual, nation~1 event that takes place during the first full week of May. The main objective is to increase awareness about individuai preparedness. Ail the EP Week activities reinforce the idea that we can reduce the risks and iessen the consequences of a disaster by being better prepared. Who participates in EP Week? All provinces and territories perticipate. Governments, first responders (police officers, rire fighters, paramedics, etc), emergency management officers, private industry, universities and non-governmentai organizations ail plan activities for EP Week: local media help spread the word in their communities. How did the idea of EP Week come about? The federal, provincial and territorial governments adopted the concept of EP Week in 1995 as a means of promoting activities that would increase the capacity of individuals and groups to resist the effects of major disasters. The first Emergency Preparedness Week took place in 1996. How can I participate in EP Week activities? Attend iocai events and participate in activities in your community. (Contact your local emergency management organization [see list below] for information; look in the blue pages of your telephone directory under "Safety" or "Emergency".) Families can make their own emergency plan and assemble emergency kits. You can also become a volunteer member of a social agency or emergency response organization. What is meant by "shelter-in-place?" If local authorities advise you to "shelter-in-place," you must remain inside your home or office. You should seal ail cracks around doors, windows and ail air vents in occupied rooms and turn off all fans, heat and air conditioning. You must stay indoors untilloeal authorities announce that it is safe to leave. This is why it is good to have an emergency kit at home and at work at ail times. Learn more.. Close to you For more information, contact one of the EP Week partners. Emergency Management Organizations 8 Alberta 8 British Columbia 8 Manitoba 8 New Brunswick 8 Newfoundland and Labrador 8 Northwest Territories 8 Nova Scotia 8 Nunavut 8 Ontario 8 Prince Edward Island 8 Quebec 8 Saskatchewan 8 Yukon Territory Government of Canada http://www,emergencypreparednessweek.calrisks_e,shtml 4/15/2004 EMERGENCY Plk'lliING FOR YOUR FAMILY, THE 5-STEP GUIDE Each year, thousands of Canadian families face emergency situations that could chAnge their lives forever. Don't be caught off-guard, PREPARE NOW! HERE'S HOW... IDENTIFY THE RISKS Knowing 1he risks will help you better plan for them. You may find it helpful to prepare a list of the risks you are mos1likely to face and think abou1 how they might affect your family. Here are some possibilities to consider, NATURAL PHENOMENA TECHNOLOGICAL FAILURES . floods OR DEIJBERATEACTS . Earthquakes . . Power outages . Tsunamis and s1ormsurges . Toxic chemical spills or fumes . Tornadoes, hurricanes and blizzards . Terrorism, explosions . Hail and lightning . Biological, radiological . Landslides and avalanches or nuclear incidents . Freezing rain storms "It was really eerie, After the shaking stopped, it went silent." You can find out about the mos1 coznmon risks in your region by consulting the Canadian Disaster DatabC1$e and the NaturaZ Hazards of Canada map atwww ocip<:p gc.ca on the Internet. .~~~............ Does your insurance policy cOlIer all the dangers that you might encounter? If you halle doubts, call your agent and ask about each possible situation on your list of risks. WWW.EPWEEK.CA I EMERGENCYPIA."INING FOR YOUR FAMILY, THE 5-STEP GUIDE Post important WWW.EPWEEKCA 2 FAMILY EMEHGENCY PLAN FOR.: Remember that the ot¡jective of a family emergency plan is to be prepared to be self-sufficient for a minimum of 72 hours, OUt-of-area contact Temporary accommodation , Name location U ¡;¡ Address '"' 0 0 þ:I &; Telephone Telephone '" (Home) ~ Telephone ¡>:; (Work) 9 ~ = (Cell) U S E-mail ~ Ô FAMILY INFORMATION ~ Name Date of birth Medical Usual weekday Main family residence 0 infonnation location u t; 1, ~ ¡;¡ 2, ~ 3, 8 4, ". id 5, E-mail ~ 6, "" ~ ~ 's wor1<ptace 's wor1<place 's wor1<pJace '" 0 Address ¡>:; ¡:¡ Telephone ~ E-mail þ:I ~ 0 Eo< ~ '" E-mail E-mail ~ ê3 OTHER IMPORTANT NUMBERS J;:: Post important numbers near your telephone or program them into your cell phone 0 ~ Police' Ambulance: Fire Doctor: Insurance: ~ U WWW,EPWEEKCA 3 EMERGENCY PLANNING FOR YOUR FAMILY, THE 5-STEP GUIDE EMERGENCY CONTACT WALLET CARDS nll~H!;}.~CY UIH\!' r 1~1 011\1.\1 ")~ f:\1J]\(,rN( Y CO\T\rT IWOR\1ArJ'" Address' Address' Telephone: Telephone 4 EMERGENCY PlANNING FOR YOUR FAMILY, THE 5-STEP GUIDE ASSEMBLE YOUR EMERGENCY KITS Haviug essential items at hand will be a great comfort in an emergency. Many stores stock first aid kits for the home, trips. cars, ou1doors, etc. You can alsomakeYOltr own. Here are some other examples of basic emergency kits. FOOD AND WATER D At least three litres of bottled water per person, per day D Canned food, soups, stews, beans, pasta, meat, poultry, fish, fruits and vegetables D Energy bars and dried foods D Honey, peanut butter, nuts, syrup, jam, salt and pepper, sugar, instant coffee and tea .:["""~.I" Keep enough water and non.perishable food to meet your needs for at lemt 3 days, Check the food and replace water every year. "We used fondue fuel to heat water," SURVIVAL KIT D Foodandwater D Flashlight and spare batteries D Crank or battery-opera1ed radio (portable stereo and headphones) D Candles and matches or lighter D Whistle (in case you need to attract attention) D Toiletries, spare eyeglasses and oilier persoml items 0 First aid kit, prescription drugs D Extra set of keys and money (i.ncludiug &mall chauge for pay telephones) D Copies ofimpoÌtantdocuments (identification, per~oml papers) 0 Winter clothiug, boots and bJankets or sleeping bags .I....¡;.....- Each member of the family could have their own personalized survival kit in a backpack. ready to go in case you need to evacuate. WWWEPWEEK.CA 5 EMERGENCYPLAL'OONG FOR YOUR FAMILY, THE 5-STEP GUIDE CAR KIT Your kits needs and the season, and kccp a minimum on&'M)ck supply in emergency kit. WWW.EPWEEK.CA 6 . ,. EMERGENCY PLA.c'¡NING FOR YOUR FAMILY, TIlE 5-STEP GUJDE CHECK EMERGENCY PLAN S. . . AT YOUR CHILDREN'S SCHOOL OR DAYCABE . In case of emergency, you should know if the school will keep your children until an authorized adult comes to get them or if they need to find their way home by themselves. . Deternùne what kind of authorization 1he school requires to release your child to your representative if you cannot get there yourself. . Ensure that the school knows your current contact imorma1ion and that of the people au1horized to collect your children foryou. Give 1hem a copy of your family emergency plan. . Find out about the emergency plans of your children's schools. Help your children understand all that 1hey must do when an alarm goes off. "It's a really, . Keep important numbers - including fire, police, ambulance - near your telephone. .1,..,.......- Conlact your municipality to find out about local emerge about emergency shelters and evacuation WWW.EPWEEK.CA EMERGENCYPIk'mING FOR YOUR FAMILY: THE 5-STEP GUIDE PRACTI CE AS A FAMILY AT LEAST ON CE A YEAR An emergency can happen anytime, anywhere, Practice often helps people feel less disoriented and better'organized in case of a disaS1er- even in the middle oftb.e nigb.t or the middle of winter, HAVE A FAMILY EXERCISE . Show each member of the family where and how to turn off the water, electricity and gas (Prepare large, easy-to-see signs for water and gas shut-offs as well as the . Each person should also know where to find the fire extinguisher and how to use it in case of fire (and 1he fire alarm in anapartroent building), . Put yourself physically in each room of your home and practice evacuation (don'tforget school and WWW,EPWEEKCA 8 . '" EMERGENCY PLANNING FOR YOUR FAMILY, THE 5-STEP GUIDE .&,..,.......~ You never know when some basic first aid techniques could help. Remember, iI's NOT possible to learn all the skills necessary to save a life during an emergency. Call your local C¡¡padian Red Cross or 51. John abo~flrst<?idor càrq!ClPulmol1;¡¡ry reSusc:italiClIl (CPR) LEA.:RNMORE Aseries of self-help brochures produced by the Government of Canada offers helpful hints and s1ep-by-step information to become better prepared and recover more quickly in case of emergency. You can consult them at www.safeguard.ca on the Internet. ...-- ...-- ...-- ...-- ...-- To ol¡tail:iregio11al pdocahnformation, contact yourprovincial or territorial emergency management òrganizatiori{lookunder "Safe1y" or "Emergency" in the blue pages of yoUr t.elephone ¡{itectory). Prepared by Public Sarety.and Emergency Preparedness Canada in collaboration with your provincial or territorial emergency management organization. " 2004 Minister of Public Works and Government Services Canada This publication may be reproduced for non-commercial purposes For more information. visit www.odnon-bpiapcgr.r^ WWW,EPWEEK.CA 9 PROCLAMATION ARBOR DA Y WHEREAS the Council of the City of Niagara Falls, encourages the beautification of the City by the use of trees; and WHEREAS Arbor Day will stimulate interest in and knowledge of trees, and conservation of trees; and WHEREAS the City of Niagara Falls encourages the planting, preservation and conservation of trees. NOW THEREFORE, I, Ted Salci, Mayor of the City of Niagara Falls, do hereby proclaim April 30, 2004 as "Arbor Day" in the City of Niagara Falls. Mayor R.T. (Ted) Salci & Members of City Council Arbor Day will be celebrated on Friday, Apri/30, 2004 at Heritage Park in Niagara Falls. The Park in the City Urban Forestry Committee along with the children from Victoria School will participate by planting some trees. Everyone is welcome to attend. For more information, please contact Sue Forcier at the Parks, Recreation & Culture Office at 905-356-7521, extension 4330. C:IDocuments and SettingslAdministratorlLocal SettingslTemplMXLibDirlArbor Day proclamation with Event 2004.wpd ÀPR 1 9 2004 PLANNING MEEi\~,IG__~' . '" Jos. Montgomery Consultants 6432 Balmoral Avenue Niagara Falls, Ontario Canada L2E 3A9 Telephone: 905-356-0303 Fax: 905-356-8453 E-mail: jamcons@vaxxine.com 15 April, 2004a. Mayor Saki and Council Members, City of Niagara Falls, Canada. Re: CANADIAN CANCELS FEATURING NIAGARA FALLS CENTENNIAL As a philatest (stamp collector) for many years, it has been interesting to see various collectable programs instigated by "Canada Post" that become known to philatelists bu1 are completely unknown by the general public. Recently, a program was started allowing Canadian municipalities to feature their special assets or celebrations via a special cancellation that can be done by visiting a main post office in the various Canadian municipalities participating in this program or sending a stamped envelope addressed to the sender inside another envelope sent to the participating municipality (see pages 12 and 13, Canada Post's magazine, "Details", April to June, 2004). As Niagara Falls has been called "The Most Famous Address in the World" and will be celebrating it's Centennial this year, I feel that it would be advantageous to participate in this program. It would be good for Niagara Falls, the Niagara Region as a whole and certainly could benefit Canada's tourism program by highlighting another reason for tourists to visit Canada. As can be seen on the two pages of new municipal cancellations that are collected by philatelists not only in Canada but also globally, there is a pattern that would have to be followed. Each municipal cancellation has a number of generic information sections: Canada Post Postes Canada Some art work featuring the municipality A date line (2003 - 08 - 31) as an example Descriptive copy (on most but not all municipal cancellations) The name of the municipality The postal address (French and English) of the Post Office of the municipality. The contact person for this program is: Mr. Tom Creech, Corporate Communications, APR 1 9 2004 Canada Post, 955 Highbury Ave., PLANNING MEETING (2 ) LONDON, ON., N5Y lA3. Telephone: 5194575282. Mr. Creech has suggested that artwork for the Niagara Falls cancel be included in a letter sent to him. Apparently there is a time factor that could be three months but hopefully this could be shortened if there is a special date for the start of this program that would have some validity and would be beneficial to our country's tourism efforts. It is hoped that the Council of the City of Niagara Falls will consider this program as being suitable for our Centennial and will forward a letter to Mr. Creech for presentation to the Canada Post section responsible for this program Respectfully submitted, çzA41~~~ J. A. Montgomery, President. ~.~~ ~jl~ o";"í'i;.\ ;/ ~ ~o ! ~. § !'OO308C31! 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GOAK' --.--'---.---'---- Po"i',A""-,,",, """. '" """m"-j"p moo " . Community Services Department FS-2004-09 Patrick Burke Fire Chief April 19, 2004 His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2004-09 Command Vehicle Purchase RECOMMENDATION: That Council authorize the purchase of a Command vehicle from Lightning Equipment Sales Ltd. at a total cost of $42,600.00 plus taxes. BACKGROUND: Funds for this purchase have been identified in the 2004 Capital Budget projections for Fire Services. This is being brought forward for Council's consideration because an opportunity exists to acquire, at considerable savings, a demo vehicle which fits the profile for Command vehicles that has been established in consultation with the Service Centre. This purchase will allow for the re-allocation of a 1986 full size Van to lower priority use and move down a 1998 two-wheel drive Command vehicle to the Fire Prevention division fleet. This proposed command vehicle is on a heavy duty chassis and will provide increased operational flexibility as well as allow for optimum vehicle placement and usage at emergency scenes in the rural or urban areas. The moving of the existing vehicle to Fire Prevention will maximize the ability to meet all of our Fire Prevention responsibilities which include inspections, complaint follow-up, enforcement, investigation and public education. Weare currently operating with a staff of seven fire prevention personnel with only five vehicles. This has contributed to inspection and scheduling problems. In addition it will allow for an appropriate vehicle for groups to attend out of town training in other areas of the Region or Province. Working Together to Serve Our Community Municipal Works' Fire Services. Parks, Recreation & Culture. Business Development. Building & By-Law Services . April 19,2004 - 2 - FS-2004-09 An advisory committee has been established with staff officers. Consultation took place with City of Niagara Falls, Garage Foreman RickZabor regarding the mechanical specifications of the vehicle. Requests were circulated to three dealers. Three companies responded to the requests with various quotes. The quotes received are listed below, Staff is recommending Lightning Equipment Sales following reasons: . lowest price for vehicles which meet our specifications; . low milage (27,000 miles); . necessary emergency lighting package included (estimated value $7946.00); . labor to install lighting package included in pricing (estimate $1950.00); . selected by mechanical stafffor vehicle servicing and parts availability; . proven through previous purchases to be a reliable vehicle; and . best meets the needs identified by staff. The following competing companies and their quotes are illustrated: Company Command Vehicle Command Vehicle Emergency Total 2004 2003 Package Brock Ford $41,060.00 (new) None Available $9896.00 $50,956.00 Ed Learn Ford $41,655.00 (new) None Available $9896.00 $51,551.00 Lightning Equipment $ not available $42,600.20 (demo) included $42,600.20 FINANCING: There are sufficient funds identified in the 2004 Capital Budget to fund this purchase. Prepared by: ø;;~ m~7 c. Ruddell John MacDonald Assistant Chief Chief Administrative Officer Recommended by: ~&L Patrick R. Burke Fire Chief CR:llc Corporate Services Department L-2004-21 The City of .J~ log""Nr", R.O. Kallio Niagara Falls 4310 Queen Street City Solicitor P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 ..J web site: www.city.niagarafalls.on.ca --- Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca April 19, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-21 Peterson Community Workshop Association (Chippawa) and The Corporation of the City of Niagara Falls Lease Amendment Agreement Our File No. 1997-226 RECOMMENDATION: That the City enter into a Lease Amendment Agreement with Peterson Community Workshop Association (Chippawa) ("Peterson"), which Lease Amendment Agreement is attached hereto as Schedule "A". BACKGROUND: Since 1977, Peterson, a non-profit organization, has occupied the building known as the "Old Chippawa Town Hall" and municipally known as 8198 Cummington Square (the "Premises"). On January I, 2003, the City entered into a fonnal Lease Agreement with Peterson (the "Lease") in order to facilitate Peterson's application for funding through The Ontario Trillium Foundation. The Lease contains a provision with respect to the use of the Premises for the purposes only of a community workshop and school for arts and crafts and display of various artisans' wares. As Peterson is a volunteer-based organization, it relies on income generated from various sources in order to meet its financial obligations. One such source is the commission received by Peterson for the sale of the artworks and giftwares displayed in its art gallery and gift shop. A portion of the crafts and wares displayed for sale in its gift shop is created by craftsmen and supplied to Peterson for sale, on consignment. The balance of the items for sale in its gift shop is Canadian and imported giftware. Working Together to Serve Our Community Clerks Finance Human Resources . Information Systems . Legal' Planning & Development . .. April 19.2004 -2- L-2004-21 Over the past several months, some of the members of Peterson have advised the City that they believe that the sale of the Canadian and imported giftware by Peterson is in contravention of its Lease, more specifically the use provision contained therein. On March 11,2004, City Staff held a meeting at City Hall and invited all parties who expressed a concern over the use ofthe Premises to attend such meeting and voice their concerns. After lengthy discussion, it was agreed by all present at the March II, 2004 meeting that the use provision contained in the Lease should be amended to include the sale of Canadian and imported giftware. Staff recommends that the City enter into this Lease Amendment Agreement to amend the use provision and ultimately allow Peterson to generate the income it requires to continue its operations. Prepared by: Ræ~R ~ . \--fr{}M-Ulr Sheila Morocco ~~mld Exec. Secretary to City Solicitor Chief Administrative Officer r;(jbY R.. I City Solicitor Approved by: :1 (Mdt I T. Ravenda Executive Director of Corporate Services ROK/sm Attach. = , « - - THIS LEASE AMENDMENT AGREEMENT made this 19th day of April, 2004. W -I BETWEEN: :::> THE CORPORATION OF THE CITY OF 0 NIAGARA FALLS, UJ Hereinafter referred to as the "Lessor" :r: 0 OF THE FIRST PART; en - and - PETERSON COMMUNITY WORKSHOP ASSOCIATION (CHIPPAWA) Hereinafter referred to as the "Lessee" OF THE SECOND PART. WHEREAS this Agreement is supplemental to a Lease (the "Lease") dated the 1st day of January, 2003, granted by the Lessor to the Lessee of the lands and premises as described in the Lease, for a tenn often (10) years commencing the 1st day ofJanuary, 2003; AND WHEREAS the parties intend to vary certain provisions of the Lease in the manner set out below. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained, the parties agree as follows: 1. The use provision of the Lease is amended as of the 19th day of April, 2004, in the following manner: (a) Paragraph 2.01(e) of the Lease is deleted and replaced as follows: To use the Demised Premises for the purposes of a community workshop, school for arts and crafts, display and sale of various artisans' wares and the retail sale of Canadian and imported giftware. 2. The Lease, as amended, shall continue in full force and the covenants, conditions and provisions contained in the Lease, in all other respects, are confinned. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing officers and the said signing officers certify that they . ,. -2- have authority to bind their corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R. T. (Ted) Salci, MAYOR Dean Iorfida, CITY CLERK PETERSON COMMUNITY WORKSHOP ASSOCIATION (CHIPPAWA) Per: Faye Andrews, Chairperson Marianne Holdstock, Secretaryffreasurer Corporate Services Department CD-2004-08 The City of lí~ CI.~'. 0"'.., Dean lorfida Niagara Falls 4310 Queen Street City Clerk P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 oJ web site: www.city.niagarafalls.on.ca -- Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca April 19, 2004 His Worship Mayor Ted Saki and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-08 Notice of Default - Financial Statements 2003 Municipal Elections RECOMMENDATION: For the infonnation of Council. BACKGROUND: The Municipal Elections Act S. O. 1996 requires that all candidates shall file, on or before March 31, 2004, a Financial Statement reflecting the candidate's election campaign finances as of December 31,2003. (An auditor's report is required if contributions and/or expenses exceeded $10,000). As per the Act, the Clerk's Office gave notice, by registered mail to every candidate, infonning them of their financial filing requirements, It is the responsibility of the candidate to file a complete and accurate financial statement on time. As of the filing date of March 31,2004 there were 40 of 46 financial statements filed with the Clerk's Office. Thé Act states that a candidate is in default of the filing requirements ifhe or she fails to file a document as required under Sec1ion 78, by the relevant date. Within 10 days after a default, the Clerk shall send a Notice of Default (included in your Council Package) to a candidate by registered mail and to the relevant Council. The latest possible date to send this notice was AprilS, 2004. The Candidate then has 12 days fonn this date to fulfil the filing obligations. The Notice of Default shall include: - the penalties for the default - the day the penalties take effect if the default is not eliminated (April 20, 2004) - the right to apply to the Ontario Court of Justice for an extension of the time to file and the effects of the extension if granted. Working Together to Serve Our Community Clerks Finance Human Resources Infonnation Systems Legal Planning & Development April 19,2004 -2 - CD-2004-O8 CONCLUSION: As of the writing of this report one ofthe remaining six financial statements has been filed. Victor Ferraiuolo, the candidate who has subsequently filed, is, therefore, no longer in default. The remaining five candidates have until Tuesday, April 20, 2004 to file or be in default. If the default is not eliminated by April 20, 2004, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the candidate, "until the next regular election has taken place, is ineligible to be elected or appointed to any office to which the Municipal Elections Act applies". Prepared by: Respectfully submitted: ~-C;~ /nqW William Matson Records & Elections Co-ordinator Recommended by: D~jiJv City Clerk Approved by: ~ T. Ravenda Executive Director of Corporate Services Form EL43 The City of ~ NlogaraFalis '. . NOTICE OF DEFAULT Conodo Municipal Elections Act, 1996 (s. 80 (3)) ,., ......:.'" TO: (peepaee in tdplkate) Al Scardino Alderman (Name of Candidate) (Office) 4924 Portage Road, Niagara Falls, Ontario L2E 6B3 (Address) (Postal Code) FROM: The Clerk, or designated election official of: Niagara Falls (N"",e of Municipality) TAKE NOTICE that you are in default of the requirements ofth, Municipal Elections Act. 1996. because: A.iI You failed to file documents with the Municipal Clerk as required by section 78 of the Municipal Elections Act. 1996 on or before the relevant date, or; B. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act. 1996, or; c.O A document filed under Section 78 of the Municipal Elections Act. 1996 shows on its face that you have incurred expenses exceeding the amount pennitted under Section 76 of that Act. Sections 91 and 92 ofthe Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) If a candidate is convicted of a corrupt practice under this Act. or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an eiection to which this Act applies. (a) any office to which he or she was elected isforfeited and becomes vacant; and (b) he or she is ineligible to be nominatedfor or elected or appointed to any office until the sixth anniversary of voting day. (2) However, lfthe presidingjudgeftnds that the candidate committed the corrupt practice without any intent of causing or contributing to af4lse outcome of the election, c/ouse (I) (b) does not apply. 92.(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to aftne of not more than $25,000. (2) An individual who contravenessection 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to aftne of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determinedfor the office under section 76. the candidate is liable to aftne equa/to the excess. in addition to the fine set out in subsection (2). This notice indicates that you have failed to file a documeot required by Section 78 of the Mnuicipal Elections Act. The followi~g provisious and penalties apply: 1. You have until April 20, 2004 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal ElectionsAct. the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until June 30,2004 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) ¡fyou: (a) fail to file tile documents by the date established by the Court. or (b) do not apply to the Court for an extension within the 91 day period. or (c) the court denies your application and the 91 day period elapses. until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. .' April 8. 2004 ~, rq A/~ Date Municipal Clerk or designate I I, Fonn EL43 The City of ~ NOTICE OF DEFAULT Nlagoro Foils Conodo Municipal Elections Act, 1996 (s. 80 (3» -~ TO: (prepare in triplicate) Terry O'Reilly I Alderman (Neme of Candide' e) (Office) 7481 Garner Road, Niagara Falls, Ontario L2E 685 (Addre,,) (Postel Code) FROM: The Clerk, or designated election official of: Niagara Falls -.,' (Name of Municipality) '" TAKE NOTICE that you are in default of the requirements of the MuniCipal Elections Act. 1996. because: A.~ You failed to file documents with the Municipal Clerk as required by Section 78 of the MuniCipal Elections Act, 1996 on or before the relevant date, or; B,O You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C, 0 A document filed under Section 78 of the MuniCipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount pennitted \J11der Section 76 of that Act. Sections 91 and 92 of the MuniCipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91. (1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected isfoifeited and becomes vacant; und (b) he or she is ineligible to be nominotedfor or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presidingjudge ftnds thai the cundidate committed the corrupt practice without any intent of causing or contributing to ofolse outcome of the election. clouse (1) (b) does not apply. 92.(1) A corporation or trade union thai contravenes any of sections 70 to 76 is guilty of on offence and, on conviction, is liable to oftne of not more thun $2),000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to oftne of not more than $),000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to aftne equal to the excess, in addition to theftne set out In subsection (2). Tbis notice indicates that you have failed to me a docnment reqnired hy Section 78 of the Municipal' Elections Act, The following provi>ions and ,penalties apply: 1. You have until April 20, 2004 to eliminate the default. 2. ¡fthe default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have untii June 30, 2004 to apply to the Ontario Court oflustice to extend the time for filing the document: (ii) ¡fyou: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denics your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipel Elections Act applies. Anril 8. 2004 tLr. rf;'. V' ~ Date Muuicipal Clerk or designate Fonn EL43 The CI~ of í~ NOTICE OF DEF AUL T Niagara Falls can~ Municipal Elections Act, 1996 (s, 80 (3)) - -'" TO: (prep'" in triplicate) Victor Ferraiuolo Alderman (Name orCandid",,) (Omce) 7045 Ann Street, Niagara "alls, Ontario L2G 3C9 (Address) (Postal Code) FROM: The Clerk, or designated election official of: Niagara Falls (N""" of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: A.'!J You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before the relevant date, or; B.D You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you hav, incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91,(1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected isforfeited and becomes vacant; and (h) he or she is ineligible to be nominatedfor or elected or appointed to any office until the sixth anniversary of voting day, (2) However, if the presidingjudgefmds that the candidate committed the corrupt practice without any intent of causing or contributing to afalse outcome of the election, clause (1) (b) does not apply, 92, (1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to afine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to afine of not more than $5,000. (3) If the expen", incurred by or on behaif of a candidate exceed the amount determinedfor the office under section 76, the candidate is liable to afine equal to the excess, in addition to the fine set out in subsection (2), This notice indicates that you have failed to file a document required by Sectiou 78 of the Municipal Elections Act. The following provisions and penalties apply: I. You have until April 20, 2004 to eliminate the default. 2, ¡fthe default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until June 30, 2004 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) tàil to file the documents by the date established by the Court. or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place. you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. April 8 2004 ~.~~~ Date Municipal Clerk or designate Fonn EL43 The City of f~ NOTICE OF DEFAULT Nlagoro Falls Canada Municipal Elections Act, 1996 (s. 80 (3)) ~ -'" TO: (p"pa" in triplicate) Ken Feren Alderman (NemenfCandidate) (Office) 7430 Balnbi Crescent, Niagara Falls, Ontario L2H 2K3 (Addeoss) (Postal Code) FROM: The Clerk, or designated election official of: Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Eleclions ACI, 1996, because: A. [J You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections ACI, 1996 on or before the relevant date, or; ß, 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; cD A document filed under Section 78 of the Municipal Elections Acl, 1996 shows on its face that you have inculTed expenses exceeding the amount pennitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections ACI, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) if a candidale is convicted of a corrupt practice under this Acl, or of an offence under the Criminal Code (Canada) in connection with an acl or omission that relales to an election 10 which this Acl applies, (a) any office 10 which he or she was elected isforfeited and becomes vacant; and (b) he or she is ineligible 10 be nominaledfor or elected or appointed 10 any office unlil the sixth anniversary of voting day. (2) However, iflhe presiding judge finds Ihat the candidate commitled Ihe corrupt practice withoul any inlent of causing or contributing to afalse outcome of the eleclion, clause (1) (b) does not apply. 92.(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to afme of no I more than $25,000. (2) An individual who con/ravenes section 69 or 70 or any of seclions 73 10 79 is guilty of an offence and on conviction is liable to afine of no I more than $5,000. (3) if the expenses incurred by or on behaif of a candidate exceed the amount determined for the office under section 76, Ihe candidate is liable 10 afine equal to the excess, in addilion to Ihe fine set out in subsection (2). This notice indicates that yon have failed to file a document required hy Section 78 ofthe Municipal Elections Act. The following provisions and penalties apply: I. You have until April 20, 2004 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until June 30, 2004 to apply to the Ontario Court of Justice to extend d,e time for filing the document: (ii) If you: (a) fail to file the documents by the dale established by the Court, or (b) do not apply to the Court for an extension within the 9] day period, or (c) the court denies your application and the 9] day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. April 8. 2004 ¡.i,.r:; ~~ Date Municipal Clerk or designate FOnTI EL43 TheCI~of ~~ Niagara Falls NOTICE OF DEFAULT can~ Municipal Elections Act, 1996 (s, 80 (3)) ~~~ TO' (peepaee in tdplicat,) Eow Della-"'>"ca ! Alderman --- (Nom, ofCand'dot,) (Om,,) 7541 Scholfield Road, Niagara Falls, Ontario L2,J 4E5 (Address) (Postal Code) FROM: The Clerk, or designated election official of: Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: A.!'I You failed to file documents with the Municipal Clerk as required by Section 78 of the Muniäpal Elections Act. 1996 on or before the relevant date, or; B. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required hy Section 79 of the Municipal Elections Act, 1996, or; c.O A document filed under Section 78 of the Muniäpal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Muniäpal Elections Act, 1996 set out penalties with respect to violotions under the Act as follows: 91. (1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) In connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is forfeited and becomes vacant; and (b) he or she is ineligible to be nominoted for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presidingjudgefinds that the candidate committed the corrupt practice without ony intent of causing or contributing to afalse outcome of the election, c/ause (1) (b) does not apply. 92.(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to afine of not more thon $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to afine of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determinedfor the office under section 76, the candidate is liable to afine equal to the excess, in addition to the fine set out in subsection (2). This notice indicates that you have failed tn file a document required by Section 78 of the Muuicipal Electious Act. The following provisions and penalties apply: 1. You have until April 20, 2004 to eliminate the default 2. ¡fthe default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: 0) You have until June 30, 2004 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) ¡fyou: (a) fail to me the documents by the date established hy the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies yoor application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. April 8 2004 ~hr:; ~ Date Municipal Clerk or designate Ponn EL43 The c,~ of ~. NOTICE OF DEFAULT Niagara Falls can~ Municipal Elections Act, 1996 (s. 80 (3) ~ -'" TO' (p"p'" in !"pl;e,te) Frank De Luca Alderman (N,me ofCandid"e) (Office) 4341 Kilman Place. Niaoara Falls. Ontario L2E 6P3 (Address) (PoslOl Code) FROM: The Clerk, or design'fed election official of: Niagar, Falls (Name of Municip,lity) TAKE NOTICE that you are in default of the requirements of the Municipal Elections ACI, 1996. because: A,1i You failed to file documents with the Municipal Clelk as required by Section 78 of the Municipal Eleclions Acl, 1996 on or before the relevant date, or; ß, 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Eleclions Act, 1996, or; cD A document filed under Section 78 of the Municipal Eleclions ACI, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 ofthatAc!. Sections 91 and 92 of the Municipal Eleclions Act. 1996 set out penalties with respect to violations under the Act as follows: 91.(J) If a candidate is convicted of a corrupl praclice under Ihis ACI, or of an offence under the Criminal Code (Canada) in conneclion with an acl or omission that relates to an eleclion 10 which Ihis Act applies, (a) any office la which he or she was elecled is forfeiled and becomes vacanl; and (b) he or she is ineligible to be nominated for or elecled or appointed to any office untillhe sixlh anniversary of voling day. (2) However, iflhe presidingjudgefmds thallhe candidale committed the corrupl practice withoul any intent of causing or contribuling 10 afalse oulcome oflhe eleclion, clause (I) (b) does not apply. 92.(1) A corporalion or trade union Ihal contravenes any of sections 70 10 76 is guilty of on offence and, on conviclion, is liable 10 aftne of no I more Ihan $25,000. (2) An individual who contravenes seclion 69 or 70 or any ofseclions 73 10 79 is guilty of an offence and on conviclion is liable 10 aftne of no I more Ihan $5,000. (3) If Ihe expenses incurred by or on behaif of a candidole exceed Ihe amounl delermined for Ihe office under seclion 76, the candidale Is liable 10 aftne equal 10 Ihe excess, in addition to Iheftne set out in subseclion (2). This notice indicates that yon have failed to file a document required by Section 78 of the Municipal Elections Act, The following provisions and penalties apply: I. You have until April 20, 2004 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until June 30, 2004 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court deuies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible tn be elected or appointed to any office to which the Municipal Elections Act applies. April 8, 2004 {it. r:; ~~ Date Múnicipal Clerk or designate - Corporate Services Department F-2004-22 Finance Division Ken Burden 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafails.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-maii: kburden@city.niagarafails.on.ca April 19, 2004 His Worship Mayor Ted Sa1ci and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-22 - Approval of Spending Limits Prior to the Approval of the 2004 Budget Estimates RECOMMENDATION: That, in the absence of an adopted 2004 Current Budget, City Council approve the following: 1. City departments be allowed to incur costs to a level of 50% of the departmental expenditure budget of the prior year. 2. New capital items deemed essential by a department be approved by City Council prior to purchase. 3. That this policy be communicated to all Commissions, Boards and Agencies, and that City contributions not exceed a monthly pro rata share of the prior year's support. BACKGROUND: The 2004 Budget schedule provides for consideration of the 2004 Budget in May 2004. Expenditures without budget appropriations should not take place without the approval of City Council. The City, however, is an ongoing entity and must, of necessity, incur costs. To allow for these expenditures, the MunicipalAct 2001 (Section 317) authorizes Council to pass an interim levy by-law before the adoption of the estimates for the year. Since consideration ofthe 2004 budget is anticipated in May, most departments, boards and agencies should be able to operate with an interim spending approval of approximately 50% of the 2003 budget. If Council approval of the budget is not achieved by the end of May, a further report with an amended interim spending authority will be submitted. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development . .. April 19,2004 - 2 - F-2004-22 The purchase of items designated as new capital are to be excluded from the above proposal inasmuch as their purchase should specifically be approved by the respective Committee, Board or Agency. Such purchases prior to the adoption of the annual estimates will also require the approval of City Council. Recommended by: Respectfully submitted: ~ 2!;~~ K.E. Burden Director of Finance Chief Administrative Officer Approved by: ifßv~ . T. Ravenda Executive Director of Corporate Services Corporate Services Department F-2004-23 Finance Division Kenneth E. Burden 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-0759 E-mail: afellcettl@city.niagarafalls.on.ca April 19, 2004 His Worship Mayor Ted Saki and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-23 - Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of the Municipal Act RECOMMENDATION: That the cancellation, reduction or refund oftaxes on the various accounts per attached summary be approved and granted to the individuals listed. BACKGROUND: Sections 357 and 358 of The Municipal Act provide for the cancellation, reduction orrefund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation ofthe Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confinned that the subj ect properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. The consideration of Council would be appreciated, Prepared by: Approved by: () .--::1 V-t 6LU- ~~ A. Felicetti T. Ravenda Revenue Supervisor Executive Director of Corporate Services Recommended by: ~";;b~ ~ K. 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I ~ß ~= ~ ~ ~'E §g ~ II. co '" '0 '" «~ þ ~~ '5 æ ~ ~~ :! ~ - '" u'" - g: g § ~j!1 ~ « ~ ::¡ - .- " 0 ii .D ;. ~ Õ 1ñ §: Õ 1ó' ~ ; I~ '0 j ~ ' il 'I'. ðj ! .., ~ 0 c c :. I a: E 'I.E' I ~" IÊ I . 'I ~ ~ ¡ ,I i -l ~ ~ ~ [I U ~ lê! Corporate Services Department F-2004-24 . :f~ "000," D"'"oo Kenneth E. Burden The City of 4310 Queen Street Director Niagara Falls P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 .J' web site: www.city.niagarafalls.on.ca - Tel.: (905) 356-7521 Fax: (905) 356-2016 E-maii: kburden@city.niagarafaiis.on.ca April 19,2004 His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-24 - Development Charges 2003 Financial Information RECOMMENDATION: That City Council receive and file the attached financial statements regarding Development Charges for the 2003 fiscal year. BACKGROUND: It is a requirement of the Development Charges Act to file with Council a statement disclosing the receipt and application of all development charges collected under the authority of Part II of the Development Charges Act, 1997. The required content for this financial reporting is as follows: Batance as of Januarv 1 . The development charges reserve fund balances as reported on the audited financial statements for the preceding year. Devetopment Chan!es Received or Receivable . These development charges are to be allocated to the specific service to which they are to be applied, Devetooment Char~es Refunded . The total of all refunds of development charges, including the interest on the refund calculated on the basis of the provisions of section 13 of Ontario Regulation 725/89. . The total refunded amount is to be credited to the specific service to which the original charges had been applied. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Developmenl April 19,2004 -2- F-2004-24 Accrued Interest . The total interest earned on all reserve fund investments shall be shown, as well as the apportionment of such interest earnings among the various services. Transfers to Capital Fund . The total of all amounts transferred to the capital fund including all interest earned on such funds as at the date the amounts are transferred. . The total of the amounts transferred are to be credited to the specific service to which the original charges had been applied. Amonnts Allocated to Other Services . Indicate the amounts which Council has detennined are to be transferred from the service originally allocated to another service. Balance at Year's End . The development charge reserve fund balance or balances as reported on the audited financial statements of the current year. A summary of the financial statement follows: Balance as at January 1,2003 $15,135,401 Received Development Charges 2,842,786 Refunded Development Charges Nil Interest Earned 631,405 Transfer to Capital Projects (142,392) Transfer to Operating (685.562) Balance as at December 31, 2003 $17.781.639 As required by the development charges legislation, capital projects that receive funding from development charges are required to report the other sources of funding. A summary ofthe sources for this total funding is as follows: New Development Charges By-law $142,392 Ontario Grant Nil Operating Revenue Fund Nil Reserve Fund Nil Special Purpose Reserve Nil Capital Liability Accounts 53,375 Debenture 245.000 Total Funding $440.767 April 19,2004 - 3 - F-2004-24 Prepared by: Approved by: ~ j~~. C.Bunt T. Ravenda Manager of Accounting Executive Director of Corporate Services Recommended by: Respectfully submitted: ~ f)á fit ~~ K.E. Burden John MacDonald Director of Finance Chief Administrative Officer M ~~S ~~~~~~ ~~~~~ ~~~~~ ~ ~ S~~~~ ~ 0 ,~~ ~~g i~~~g~ ~.~gg ~~~.g ~ ~ g~~. ~ øæM ~~M N~ MMN ~MN~OO N~M~~ ~ ~ MOO M~ ~ 2~Ó ~ ~ ~ ~Ñ ~ ~ ~ ~ ~ ~~' ~ <'>ID~ ~ ~ - 000 000000 00000 00000 0 0 d$iI "':!? ~.~ i3 ~ " " 21-ID'" <i t~ ~ 00 O~OOO~ ~~~O~ 8~~0~ ~ ~ ~~~~ ~ i ~i~ ~ ÒÒ~ ~ ~ ~ Zæ ~ ~ N ~,'I' ~ ,~~ N ~ ~ ~,=õ " , "õ õ ~~ 000 000000 OOO~~ 0000000 N N t~~~ ~~ ~~ ~~ ~ ~ g:!?8~ ~~ ~~ ~~ ~ ~ ~~~.t ' , - - ø~ ~~~ §~~~~~ ~~~~~ ~~~¡~ ~ ~ .I~ ~rioo ~g ~OO~ ~.~~. g~g~~ ~ ~ ~Ew ~ N - ~ N ~ ~ « E 000 000000 00000 00000 0 0 ~"ø HH n ~t5 (I) 0 E 000 OOOOOO~OOOO ~~M~~ N~~~~ ~ ~ ~~~ ~~~~~~ ~~~~. ~~~~~ ~ ~ .~ g-ê ~&j:;¡t:j~~ g¡:;~~g¡ ~:;~¡¡j~ ~ ~ ~2~~ ~OO M~: ~NM~OO M ~ Ñ Ñ "O~" « 0 O~~ ~~~M~~ ~~~NOO OOON~~ M ~ ~~M ~~~ ~q~~~~ ~~~~~ ~~~~O ~ ~ tc~ ~;:I;~ 'I~~gl t:j~æ~1 ~¡:;&jAæ ¡ :;¡ ~~~ --N ~~ ~N~ ~~~Mri N~ri~~ ~ ~ OID~ ¡;) - - .0 (I) ~ - - - - 'Õ...J M S1 '" ~ ~ ~ ~ ~ « ~g ~ ~ ~ ~ ~ ~ ~- ~ ê i: ~ ~ I I 5 I ¡~ ; ¡::M a:: W ~ ~ ~ ~M c z<.> ~I ~ I I iI I ¡¡ -; 8~ ~¡ ~ I I - I_! (I) ~~ ~~ (I)~O (I)~ ~ ~ ~ ~ I (I) ~ 8 S1 88"n~ ~~I-~ ~ ~ ?; c1J c.<; <'>" ~] ~,,~;; ~ ~~~ ~~ ~~æ~ ~ ~ (I) ø fß ~ <.> b ~æ:; 50 ~æ 5 W> g~~::~ :¡::;~:¡:O- w -1!' <.> c" ,,:; w ,,:; I- ~~(I) '" ~<.>~o <'>E S¿E~ 5.Q t3 fß ~ij; (I) ~ij; 8S a::a::e>g¡~ «~~Q ~~ 50"~ 8S~ & S¿ (l)m ~ 1m fß ...J ~~~ø:; ~w(l)8S wtS ~ê.g. (I)~ø"'O/J~ 5o~¡ij:¡: o~¡ij:¡: a:: ~ ZZ~~~ -:;...JO-:;~ ,,~ w-"Oøø", w""'ê <.>"",E ...J 0 55IDw~ ZO-$w O-~ ~~§ oE"'æ-1!'~ (l)mCo" I-mCo" ~ I- «««:;ô ~g~~ g~ a::e>:; ~~~,=~~ z:¡:~Ε’~ ~:¡:~Ε’~ 0 0 IDID~~I- ~~~a:: ~ ~ ~ ~ ~ ~ ~ ~~~~~ <.>o~~ 0 e> <.> ~ ~ (I) e> ~~a::?;o Corporate Services Department F-2004-25 . j'~ F;","," Ow;,"'" Kenneth E. Burden The City of 4310 Queen Street Director Niagara Falls P.O. Box 1023 Canada ~ Niagara Falls. ON L2E 6X5 ..., web site: www.city.nia~arafalls.on.ca ---- Tei.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca April 19, 2003 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-25 - 2003 Reserves and Reserve Funds RECOMMENDATION: That City Council review and approve the 2003 transfers to reserves and reserve funds. BACKGROUND: Attached is a copy of the reserves and reserve funds for 2003 showing the balances at January I, 2003, the amounts added, the amounts used in 2003, and the balances at December 31, 2003. RESERVES When reserves are created, the amounts are appropriated from net revenue in the same year and then used for those same purposes in a subsequent year. While reserves may be established for any municipal purpose, the most common are as follows: 1. Reserve for working fnnds In most municipalities, accounts have to be paid before taxes, grants and other revenues become available, including revenues still to be collected for the previous year. A municipality can obtain a short-tenn loan to meet this need, but borrowing incurs interest charges. In order to reduce and, if possible, avoid short-tenn borrowing, a working fund reserve is one financial management technique that can be helpful. It is also a cash management device to enhance cash flow. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development April 19, 2004 -2 - F-2004-25 2. Reserve for contingencies Such a reserve is established in anticipation of unknown expenditures or liabilities such as emergency repairs, damage claims, etc. If a reserve for contingencies is not created, it could have a significant effect on the future tax levy of the municipality should the liability actually materialize. 3. Reserve for equipment replacement Major items of equipment have to be replaced on a regular basis. In a municipality, such a reserve eliminates the need to levy for the full cost of the equipment in the year of acquisition. This avoids the resulting fluctuation in the tax levy from year to year. RESERVE FUNDS A reserve fund differs from a reserve in that reserve fund assets are segregated and restricted to meet the purpose ofthe reserve fund. There are two types of reserve funds: obligatory reserve funds and discretionary reserve funds. Obligatory reserve funds are to be used solely for the purpose prescribed for them by Statute. . Park Purpose . Municipal Parking . Development Charges Discretionary reserve funds may be used for a number of different purposes. Some examples of these are: . Future expenditures for capital projects . Debt retirement . Levy or user fee stabilization . Promotion of special projects Prepared by: Approved by: ~ ~ C.J. Bunt T. Ravenda Manager of Accounting Executive Director of Corporate Services Recommended by: Respectfully submitted: ~ /jé1ff4Y/ K.E. Burden hn MacDonald' Director of Finance Chief Administrative Officer CITY OF NIAGARA FALLS RESERVES AND RESERVE FUNDS OPENING TOTAL OPERATING CAPITAL TOTAL CLOSING JAN.1/03 CONTRIBUTIONS USES USES USES DEC. 31/03 RESERVES Spedal p"","" 11,000,675 2,359,642 1,353,52D 804,074 2,157,593 11,202,724 Worldo,Cap"al 265,000 0 265,000 Wale,,"alo Imp""meoÌ> 5,BOO 3,200 0 9,000 Mate,'oB PmB"m 42,763 0 42,763 TOTAL RESERVES 1131423B 2362842 1 353 520 804074 2157593 115194B7 CAPITAL HOLDtNG RESERVE 4673 358 8,016,088 986,425 986,425 11 ,703,020 RESERVE FUNDS tSe' ""a by Cooo"') Dmlopm,"' Ch"B" 29',539 8,632 0 300,171 Dmtopm,"ICh"B" bylawB!>-144 14,843,882 3,555,89B 775,902 '42,392 918,294 17,481,467 HeritaBa Week NlaB, Comm;ttee 0 70,009 0 70,009 ColUo.rroby - Deb,"""a 9!>-2001 80,265 1,708 0 6',973 E.wloIBama. - 40 y' Ii"o" a,"emoo' 25,101 711 644 644 25,169 LOOB - 40 y' Ii"o" a,",am,"' 12,551 356 322 322 12,585 Ta",0-40y,Ii,,0"a,"am,"' IB,016 539 488 488 19,067 Sick Lea", Uabllity 290,000 241,524 2,647 2,647 529,977 SkatePar1< d",,'opmeo' 1,030 5,7B5 0 6,825 GN.S.CA - B""dio, Foo' 5,468 155 0 5,623 GN.S.CA - TOp Acoooo' 12,591 357 10,388 1O,3e8 2,560 LL, Ba""e" Debe","", 98-2001 91,614 4,258 10,419 10,419 85,453 Wor1<e" Compe",a'oo 358,091 220,114 3,058 3,058 575,147 FI", Sin #5- "'"eu,liby- M"ft"d 147,028 S,657 17,455 17,455 136,230 NF Hy'ro-Debeotu....416-B6 578,677 33,010 145,137 145,137 488,551 R"""a'oo T",II De",'opmeo' 42,7B2 3,333 0 46,125 2% Pr1<lo' Dedido - Chlppawa 0 0 0 2% Pr1<lo' Dedido - R've, Roa' 0 2,500 0 2,SOO 2% Pr1<lod Dedldo- ""'npool 0 0 0 2% Pr1<lod Dedldo- Luo'y, Leoe 132,67B 73,710 5,000 5,000 201,389 2% Pr1<lod Dedido - Fall,"ew 129,598 125,373 0 264,971 2% Pr1<lo' Dedlctn - Cliltoo Hill 151,866 85,295 509 SO9 200,653 CaplieIlOpe,,"o, Foo' 426,523 272,110 235,058 235,058 485,575 T",e PI,"'OB - D""lope,, 8,981 679 2,000 2,000 7,860 Sel, of Joho AJloo Par1< 13,456 381 B37 937 12,900 P,r1< Developmoo' 112,827 3,198 0 116,025 SOW" ,"d Wa'" Lev'.. 883,291 58,049 9,171 B,171 1,042,169 E'pa",loo ,"d R,",wal 233,095 11,590 60,677 60,677 184,008 Coo",11 D,,'oo,e 472,307 27,504 4,331 4,331 495,480 P,ep'ld Wor1< Prof', Coobibu"o", 1,894,578 114,443 18,634 18,634 1,990,387 SIdewalk Co",I"'dloo 208,801 10,900 1,528 1,528 21B,173 Fu'u" Moo'clpal Wo", 617,003 36,588 5,859 5,859 647,733 LotD",'oa,e 124,751 6,858 1,019 1,019 130,589 LIb"", Sp,"aI Pm¡ed' 248,633 11,447 18,808 18,808 239,272 Ub"", Prop,rty Malo"oao" 67,070 1,902 18,754 18,764 50,218 LIb"'", Auloma"oo Food 240,825 7,271 73,713 73,713 174,383 S,"It"" (Re"",'o, Su",lu,) 298,483 17,537 2,806 2,806 311,215 Spo", Fod - oow equlplpro",m 4,098 116 0 4,214 Pmi' - Spedal Need,' Child,," 12 903 366 0 13269 23189 393 4,991132 1 425 162 142392 1 567564 26,592 972 26,592,972 RESERVE FUNDS (Se' "Ide by Leg"""oo) P,.. Pu"",e (PI,"oloB Ad) 87,733 156,852 0 244,585 Moo'clp" P'r1<lo, 1,009088 28,913 0 1,038,001 1 09S 821 185764 0 0 0 1,282,585 TOTAL RESERVE FUNDS 24,266,214 5176897 1,425162 142392 1,587,554 27875,5571 FUNDS 3B,I589BO 15,370,061 2,778,881 ',932,891 4,711572 49,815,478 H,IR..mdOJ.qpw 16-A,,-O4, qb Corporate Services Department F-2004-26 . .J~ ""oΕ“ D;,;,;o, Kenneth E. Burden The City of 4310 Queen Street Director Niagara Falls P.O. Box 1023 Canada ~ Niagara Falls. ON L2E 6X5 .Jf web site: www.city.niagarafalls.on.ca .-- Tel.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca April 19,2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-26 - 2003 Capital Accounts RECOMMENDATION: For the information of the City Council. BACKGROUND: Attached is a copy ofthe capital account summary by department for 2003. These capital projects are canyovers from previous years and new projects started in 2003. Approval for the projects is from the annually-approved Capital Projects Budget and from Council approvals during the year. Ooeninl! Balance In the opening balance column, the bracketed amounts had outstanding costs as at the end of 2002 and the non-bracketed amounts required funding as at the end of2002. Revenne for 2003 Revenue for 2003 came from the following sources: Operating Accounts $4,237,363 Reserve and Reserve Funds 1,932,891 Grants 380,687 Outside Agencies 699,907 Debt 3.729.000 $10.979.848 Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development April 19, 2004 - 2 - F-2004-26 ExDenses for 2003 The expenses are authorized and approved invoices submitted to accounts payable for payment. Closinl! Balance The credit balance column totalling $5,537,468 reflects funded projects that still have outstanding expenditures. The debit balance column totalling $29,756,077 reflects unfunded projects. The funding sources for these are: Debentures $ 409,996 Reserves 5,758,383 Local hnprovements 121,128 Outside Agencies 5,133,971 Operating Accounts 18.332.599 $29.756.077 This report is intended to provide general infonnation for the 2003 capital account activity. Prepared by: Approved by: ~ ~~ c.J. Bunt T. Ravenda Manager of Accounting Executive Director of Corporate Services Recommended by: Respectfully submitted: ~ &;.ht~ K.E. Burden J Ohn:acDonald Director of Finance Chief Administrative Officer CITY OF NIAGARA FALLS Summary of Capital Account Activity for the Year Ending December 31,2003 Opening Subtotal 01 Accounts at Closing Account #01 Balance Dee 31, 2003 Balance 2003 2003 Projects 01-Jan-2003 Revenue Expenses Dobit Balance Credit Balance 31.Doc.2003 (unexpended) / unfunded unfunded (unexpended) General Government 4 695,715 455,785 414,190 654,120 0 654,120 Fire Services 13 (12,168) 1,685,548 1,860,720 232,023 (69,018) 163,004 Roadways 24 (4,410,819) 3,506,799 10,795,686 7,399,300 (4,521,232) 2,878,068 Transit Services 1 0 910,398 943,719 33,321 0 33,321 Transportation Services 1 0 950,000 1,046,338 96,338 0 96,338 Other Transportation Services 2 12,612,625 1,206,250 1,194,867 12,601,242 0 12,601,242 Sanitary Sewers Services 6 1,105,921 380,000 2,294,069 3,369,990 (350,000) 3,019,990 Storm Sewers Systems 9 415.425 58,180 127,740 516,388 (31,402) 484,985 Waterworks Systems 7 1,739,367 921,630 628,215 1,529,632 (83,680) 1,445,952 Waste Disposal Services 1 (163,695) 0 0 0 (163,695) (163,695) Cemetery Services 2 28,273 204,199 155,305 0 (20,620) (20,620) Parks Services 10 (218,000) 75,105 172,833 64,587 (184,859) (120,271) Recreation Program Services 1 0 0 42,253 42,253 0 42,253 Recreational Facility Services 5 16,098 217.847 3,325,947 3,162,093 (37,895) 3,124,198 Commericallndustrial Services 9 (37,678) 5,108 66.472 54,790 (31,104) 23,686 Library Services 2 0 403,000 359,039 0 (43,961) (43,961) Totals 97 11,771,063 10,979,848 23.427,395 29,756,077 (5,537.468) 24,218,610 H:\CAPITAL2003.qpw 15-Apr-04, cjb Corporate Services Department F-2004-27 . .J~ "',," Ow"'" Kenneth E. Burden The City of 4310 Queen Street Director Niagara Falls P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 ...." web site: www.city.niagarafalls.on.ca --- Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: kburden@city.niagarafalls.on.ca April 19, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-27 - Major Receivables Quarterly Report RECOMMENDATION: For the information of City Council. BACKGROUND: The following is a quarterly report of Tax, Utility and Sundry Receivables to March 31, 2004. Tax Balances Current Taxes 2004 2003 Percentage Collected 45% 51% Levy to Date $63,447,943. $60,199,883. Collections $28,654,631. $30,539,506. Balance $34,793,312. $29,660,377. Tax Arrears Percentage Collected 13% 20% Opening Balance $15,073,155. $12,243,780. Collection $ 1,901,711. $ 2,488,806. Balance $13,171,478. $ 9,754,974. Total Unpaid Taxes $47,964,790. $39,415,351. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Developmenl . " April 19,2004 -2- F-2004-27 Sundrv Receivables 2004 2003 Accounts Receivables $377,339. $92,615. Unpaid accounts are being actively pursued by staff. Delinquent accounts are charged I 1/4% interest per month. Prepared by: Respectfully submitted ¿~ 8;:;~~ L. Antonio olm MacDonald Coordinator of Tax & Receivables Chief Administrative Officer Recommended by: ~ K. E. Burden Director of Finance Division Approved by: j~ T. Ravenda Executive Director of Corporate Services H\WPFILES\Co"""'~\F.2004-27 - M,j"R~,¡"bl" Community Services Department MW-2004-68 The City of l~ M""'"", Woe" Ed Dujlovic . 4310 Queen Street Director Niagara Falls P.O. Box 1023 Canada ~ Niagara Faiis. ON L2E 6X5 ¿ web site: www.city.niagarafalls.on.ca --- - Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca April 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-68 Contract 2004-04 2004 Asphalt Patching, City Wide RECOMMENDATION: It is reconimended that the unit prices submitted by the low tender, 984265 Ontario Ltd. (a.k.a. Circle P Paving), be accepted and that the financing of this project ITom the 2004 General Purposes Budget, be pre-approved. BACKGROUND: The Tender Opening Committee, in the presence of the Manager of Supply & Services, Mr. Ray Miller, opened tenders on Thursday, April 15,2004 at I :30 p.m. for the above noted contract. Tender documents were picked up by four (4) Contractors and three (3) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the three (3) Contractors: 1. 984265 Ontario Ltd. (Stevensville) $ 398,350.00 2. Rankin Construction Inc. (St. Catharines) $ 423,300.00 3. Norjohn Limited (Thorold) $ 445,666.00 The lowest tender was received from 984265 Ontario Ltd. (Circle P Paving) in the amount of $398,350.00. This Contractor has previously perfonned similar types ofprojects for the City including the 2003 Asphalt Patching Contract. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works. Fire SelVices . Parks, Recreation & Culture. Business Development. Building & By-Law SelVÍces April 19,2004 - 2 - MW-2004-68 Financing: The Engineer's estimate for this contract was $ 375,000.00. Project Costs: - Awarded Contract $ 398,350.00 - Net G.S.T (3%) $ 11,950.50 TOTAL $ 410,300.50 Funding: - 2004 General Purposes Budget Roadway Services - Patching Account No. 11-3-311000-040000 $ 260,000.00 - System Maintenance Waterworks Account No. 15-3-431000-040000 $ 90,000.00 - System Maintenance Sanitary Sewer Account No. 16-3-411000-040000 $ 60,300.50 TOTAL $ 410,300.50 This project is scheduled to commence on May 3, 2004, and will be ongoing throughout the year. Work will be completed up to the budgeted amounts. Councils' concurrence with the recommendation made would be appreciated. øÌú- M~1 Mike DiPaola J hn MacDonald Manager of Projects hief Administrative Officer ^fL Ed Dujlovic, P.Eng. Director of Municipal Works S:\REPORTS\2004 ReportsIMW-2004-68 2004 Asphalt Patching.wpd Corporate Services Department PD-2004-33 Il~ PI,"o'o, & ",",or",",,", Doug Darbyson The City of . 4310 Queen Street Director Niagara Falls P.O. Box 1023 Canada ~ Niagara Falls, ON L2E 6X5 .J' web site: www.city.niagarafalls.on.ca .--- - Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca April 19, 2004 His Worship Mayor Ted Sa1ci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-33, 2003 Housing Monitoring Report RECOMMENDATION: It is recommended that Council receive and file these four reports for information purposes. BACKGROUND: Planning and Development has produced four statistical reports: Land Supply, Residential Building Trends, Range of Housing and Vacancy Rates. These reports make up the 2003 Housing Monitoring Report which serves as a guide for developers and the public. As indicated in the Land Supply Report, the City of Niagara Falls has approximately 816.77 acres of raw land as of December 31,2003. At 7 units/acre, there would be potential for 5,717 residential units. Using the 1 O-year average of Building Permits issued for new residential development (283), there is an estimated 20-year supply of residential raw land. Within Registered Plans and Draft Plans of Subdivision, there is a total of 1,578 potential units. Again, divided by the 10-year average of Building Permits (283), there is a 5.6 year supply of units available for development. These figures surpass both the 10-year and 3-year supply as established by the Provincial Policy Statement. Residential Building Trends Report indicates new single detached homes constructed last year reached 258 units with a total for new residential units of 304. This is the highest level since 1997. Single detached homes are the predominant type of residential development in the City. The City of Niagara Falls experienced an increase of 13.6% for single detached housing starts in 2003 over 2002. CMHC has indicated that although housing starts are at record levels, the trend appears to be easing somewhat. Housing starts on the whole appear to have reached a peak in 2003 and will ease slightly in 2004 with fewer multiple units forecast for this year. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development April 19,2004 -2 - PD-2004-33 The Range of Housing Report looks at the mix of housing types and the availability of small, medium and large single detached lots. In the short term, the range of housing types will be met through a combination of prezoned unbuilt sites and rezonings as part of the approval process for registered plans of subdivision. The City-wide approvals consist of34% single lots, 27% townhouses and 39% apartment units. The principal area of new construction activity has shifted from the Northwest Community to the Westlane Community where approximately 24.3% of the City's new units in 2003 were located. The supply of single detached lots has decreased in the last five years in the Northwest Community as the subdivisions continue toward build out. Draft approval was granted to four subdivision plans during 2003 which added 186 potential units consisting of single detached lots of all sizes and 38 lots for semi-detached units. Overall, Niagara Falls is providing a suitable range of housing types and lot sizes. The Vacancy Rate Report presents CMHC data for 2003. The overall vacancy rate in Niagara Falls was 4.6%. This was an increase of 2% from the previous year. Generally, a 3% vacancy rate provides a healthy rental market, where landlords can realize a return on their investment and tenants have a good selection of units. There were 159 units vacant out of3,427 surveyed by the CMHC in 2003. CMHC's survey also showed that vacancies jumped more for units priced below $600. This indicates a likely trend that renters of lower priced units moved to higher priced units in 2003. The combination of low mortgage rates, income and job growth in recent years meant more tenants moved out of the rental market and into home ownership. This contributed to a higher vacancy rate in 2003. Prepared by: espectfully submitted: \J.,JI ~ trl ~I Nick DeBenedetti John MacDonald Planner I Chief Administrative Officer Recommended by: \ " \".\)~ ::; , ,-- Doug Darbyson Director of Planning & Development Approved by: ~uJÞ. T. Ravenda Executive Director of Corporate Services ND:pb S,IPDR\2004IPD2004-33. 2003 Housing Monitoring Reportwpd 2003 HOUSING MONITORING REPORT ... Land Supply MARCH 2004 1. LAND SUPPLY Where appropriate, data has been divided by Community Planning Districts (see Planning Cummunity Map) to provide a better 2. RESIDENTIAL BUILDING TRENDS understanding of development and growth potential throughout different areas of the municipality. 3. RANGE OF HOUSING LAND SUPPLY The Provincial Policy Statement provides 4. VACANCY RATES guidance to assess the suitability of residential land supply. Each Regional Municipality should maintain, at an times, at least a 10-year supply of INTRODUCTION land designated and available for new residential development and residential intensification and at This report is one of a four part series that win Jeast a 3-year supply of units with servicing make up the 2003 Housing Monitoring Report. It capacity in draft approved or registered pJans of provides a community profile on residential land subdivision. supply in the City of Niagara Fans as of December 31, 2003. Together, this series of The potential supply of residential units within the reports serves as a reference for developers and municipality is shown in the fonowing Table I for the public and responds to the housing different categories by Community Planning requirements of the Provincial Policy Statement. Districts. TABLE I: POTENTIAL RESIDENTIAL UNIT SUPPLY - YEAR END 2003 COMMUNITY REGISTERED DRAFT REZONED PREZONED "RAW" TOTAL PLANS PLANS MULTIPLES LAND LAND UNITS STAMFORD 183 18 228 JJ2 192 733 ELGIN 7 --- 6 172 --- 185 DRUMMOND 14 on 359 316 256 945 QUEEN VICTORIA on on m --- --- on NORTHWEST 271 159 90 on 141 661 WESTLANE 267 315 166 132 3465 4345 GRASSY BROOK --- on --- on 420 420 CHIPPAWA 85 224 40 on 1243 1592 BEAVERDAMS --- m 25 --- on 25 CROWLAND --- --- on --- --- --- WILLOUGHBY 9 26 --- --- on 35 CITY TOTAL 836 742 914 732 5717 8941 PLANNING & DEVELOPMENT DEPARTMENT ""C~d ~ Niagara Falls Land Supply Conoda ~ -- ~ Raw Land potential units from the year 2000, with minor shifts occurring among Planning Communities in The long-teml supply for residential growth is the last 3 years as projects were initiated and other identified as "raw" land in Table I. This land is approvals granted. Overall, Niagara Falls makes a designated Residential in the City's Official Plan very large contribution within the Region in and has no development approvals. addressing the 10-year Provincial target for long- tenn land supply. Niagara Falls has approximately 330 hectares or 817 acres of raw land for new housing Registered & Draft Plans construction. There is an estimated potential for 5717 housing units on this land using an average Short-tenn land supply consists of registered and density for development of 17.3 units per hectare draft approved plans of subdivision. These two (7 units per acre). This total supply figure has been categories combine for a total of1578 unbuilt units reduced from the year 2000 due to some rezoning as shown in Table I. The Northwest Community of lands and the transferring of lands to the draft accounts for 27.2% of the supply but its percentage plans of subdivision. Future residential growth will has been declining in recent years due to the be concentrated in the Westlane and Chippawa construction and build out in this area of the City Communities which together account for 82.3% of and a shift of development with an increased of the City's long-tenn unit potential. approvals in other Communities. The Westlane Planning Community's share of 36.9% of the municipal total has become the largest supplier of short-tenn supply. The Chippawa Planning Community represents approximately 19.6% of short-tenn supply while the Stamford Planning Community accounts for approximately 12.7%. Grassy Brook 7.3% The municipality has a 20.0 year supply of raw land when utilizing the 10-year average of residential building pennits (283 units/year) as a Northwest measure of consumption. 27.2% Rezoned Multiples The Provincial Policy Statement also considers residential intensification (such as infill development and rezonings) in reviewing longer Applying the 10-year building pennit average tenn supply. Rezoned multiple developments in results in an estimated 5.9 year supply of lots the City contribute 914 potential units to this which surpasses the 3-year guideline of the supply inventory. The amount has increased 20 Provincial Policy Statement. PLANNING & DEVELOPMENT DEPARTMENT '-0,. ~ Niagara Falls Land Supply Canada ~ ~ -- Rezoned Land CONCLUSION Table 1 also notes additional infonnation for potential residential units on prezoned lands for Provincial guideJines for long-term residential land redevelopment. These lands are located along and short-tenD unit supply continue to be exceeded Regional roads and in the downtown core, with the by Niagara Fans. The City's proactive planning configuration of many of these sites posing program for neighborhood and community development limitations. The properties are under secondary plans in advance of development has various ownerships and require consoJidation, successfuny contributed to meeting Provincial therefore, these lands are recognized as a Land Supply targets. component of long-tenD housing potential. This prezoned segment of unit supply represents significant development potential in Niagara Fans and augments the total supply. Planning Community Map & e ( PLANNING & DEVELOPMENT DEPARTMENT . u The City of '. Niagara Falls 2003 HOUSING MONITORING REPORT... Canada ~ ..J' Residential Building Trends -- MARCH 2004 1. LAND SUPPLY RESIDENTIAL BUILDING TRENDS The cycJical nature of residential construction 2. RESIDENTIAL BUILDING TRENDS corresponds to various economic and socia] conditions experienced locally, regionally, provincially and at the federal level. 3. RANGE OF HOUSING The following Graph 1 illustrates the pattern of activity for Niagara Falls housing Starts since 1994. Each bar shows the number and type of 4. VACANCY RATES new units resulting from residential building permits issued. This pattern of development mirrors the peaks and downturns in the economy. INTRODUCTION In order to project future development trends, the fluctuations in building activity are adjusted by This report is one of a four part series that will using a 10 year average of residential permits make up the 2003 Housing Monitoring Report. It used. The 10 year average from 1994 to 2003 is provides a profile on residential building trends in 283 residential units per year which is used to the City of Niagara Falls as well as a profile ofthe predict the future absorption of housing. Since the Niagara Region as of December 31, 2003. year 2000 there has been an increase in building Together, this series of reports serves as a permits issued for residential development. reference for developers and the pubJic and responds to the housing requirements of the Provincia] Policy Statement. Graph 1: BUILDING PERMITS ISSUED FOR NEW RESIDENTIAL DEVELOPMENT 500 III 400 !: z ~ 300 . MULTIPLE 0 . SEMI II: 0 SINGLE !:! 200 ::!E ::> z 100 0 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 YEAR PLANNING & DEVELOPMENT DEPARTMENT . .. "C~rn ~ Nlogoro Falls Residential Building Trends Canodo ~ -- "" Graph 2: HOUSING STARTS CITY OF NIAGARA FALLS 350 300 250 ¡!! 200 02002 ~ 150 . 2003 .... U) 100 50 0 Single Semi Multiple Total HOUSING TYPE Residential Building Trends continued ... 1154, eclipsing a 13 year old record set in 1990. Multiples on the other hand only experienced a Total housing starts in the St. Catharines-Niagara sma]] rise from 2002 figures with an increase of Area increased on an mIDual basis by close to 10 1.8 per cent from 285 units in 2002 to 290 units in per cent trom 13 I 7 units in 2002 to 1444 units in 2003. However, on an annual basis, multiples 2003 according to the CMHc. Niagara Falls starts are currently sitting at their highest level experienced approximately a ] 5% increase in since 1999 according to the CMHC. housing starts from 264 units in 2002 to 304 units in 2003. Canada Mortgage and Housing Corporation (CMHC) collects data on the actual start of The City experienced an increase of 13.6% for construction for dwe]]ing units that provides a single detached housing starts in 2003 over 2002 standardized measure for comparison among a]] levels despite the number of semi detached areas of the Province. housing starts dropping trom 4 units in 2002 to 2 units in 2003. Multiple housing starts moved up Graph 3 shows residential starts infonnation for trom2002Ievelsby33.3%in2003. Acomparsion the municipalities in the region during 2003. This of the past two years can be viewed in Graph 2. indicates that Niagara Falls has the second greatest amount of new construction overall and The Niagara Region witnessed an increase of the most within the single detached housing 11.8% in 2003 for single detached housing starts sector. The City of Niagara Fa]]s also accounted trom the year 2002. The single detached housing for approximately 2 I % of a]] residential starts in starts made up close to 80% of all housing starts. the Region. The number of single detached units totaled PLANNING & DEVELOPMENT DEPARTMENT ~~.~ Nlagoro Foils Residential Building Trends Conoda ~ '" ,.. Graph 3: NIAGARA REGION 2003 HOUSING STARTS (CMHC) 35 30 rn ~25 :::> . MULTIPLE 11..20 0 0 SINGLE ffi15 III :;;10 :::> Z 50 0 STC NF WELL LlNC FE NOTL PEL PC THOR WAIN MUNICIPALITY On the whole, housing starts in the St. Catharines- CONCLUSION Niagara Area reached a record level in 2003. This was largely the result of the single detached Housing starts for single detached homes reached sector. The CMHC has stated that the expansion 258 units while the total for new residential units of this sector was fuelled by a low interest rate reached 304. The highest level since 1997 when environment, strong job growth and stable housing starts for single detached homes achieved migration into the area. The limited availability of 311 units. It is evident from Graph I that the City resale units coupled with continued strong growth has maintained a consistent level of building of new home prices also contributed to continued permits over the past few years and this has been stimulus for single detached construction. aided by a strong inventory of single detached lots. When we combine this trend of lower unemployment rates and the sustained low Since 1997, the demand for semi housing starts mortgage rates, it is fairly safe to predict that these has decreased from 26 units to only 2 units in trends will continue to assist in home purchases 2003. The demand for single detached housing and new building activity at a more moderate starts has compensated for the lack of pace. development of semi housing starts. The St. Catharines-Niagarajob market continues CMHC has indicated that although housing starts to improve. The sesonallyadjusted unemployment are at record levels, the trends appears to be easing rate fell to 6.7 % in December 2003 from 7 % in somewhat. Housing starts on the whole appear to November 2003. have reached a peak in 2003 and will ease slightly in 2004. PLANNING & DEVELOPMENT DEPARTMENT The City of . Niagara Falls 2003 HOUSING MONITORING REPORT... Canada ~ ...., Range of Housing --- MARCH 2004 1. LAND SUPPLY Where appropriate, data has been divided by Community Planning Districts (see Planning Community Map) to provide a better 2. RESIDENTIAL BUILDING TRENDS understanding of development and growth potential throughout different areas of the municipality. 3. RANGE OF HOUSING RANGE OF HOUSING 4. VACANCY RATES The municipality strives to provide for a full range of housing types and densities distributed throughout the community to meet the needs of INTRODUCTION present and future households. In order to gauge the City's success in achieving this goal, This report is one of a four part series that will residential construction, the mix of approved unbuiIt units and draft approved development are make up the 2003 Housing Monitoring Report. It examined. provides a community profile on the range of housing types and densities in the City of Niagara Table I summarizes residential construction Falls as of December 31,2003. Together, this according to housing type and Community series of reports serves as a reference for Planning Districts as detennined though developers and the public and responds to the residential building penn its issued by the City housing requirements of the Provincial Policy during 2003. Statement. TABLE 1: BUILDING PERMITS ISSUED FOR NEW RESIDENTIAL DEVELOPMENT NUMBER OF UNITS BY TYPE AND COMMUNITY - 2003 COMMUNITY SINGLE SEMI-DETACHED TOWNHOUSE APARTMENT TOTAL STAMFORD 39 2 11 115 167 ELGIN 4 - - - 4 DRUMMOND 7 - 17 - 24 QUEEN VICTORIA - - - - 0 NORTHWEST 78 - 11 - 89 WESTLANE 101 - - - 101 GRASSY BROOK - - - - 0 CHIPPAWA 10 - - - 10 BEAVERDAMS - - - - 0 CROWLAND 4 - - - 4 WILLOUGHBY 15 - - 15 CITY TOTAL 258 2 39 115 414 PLANNING & DEVELOPMENT DEPARTMENT ~c~. ~ Nlogaro Foils Range of Housing Conodo ~ -- '" Range of Housing continued... properties throughout the City's Community Planning Districts. Building pennits issued for new construction was 414 units in 2003 compared to 282 units in 2002. The principle area of new construction activity has The large increase was due to the 114 unit seniors shifted from the Northwest Community to the apartment development in the Stamford Westlane Community were approximately 24.3% Community. Single detached housing construction ofthe City's total units in 2003 were located. This increased by 7.5% over the previous year. Single Community has expanded with the majority of the detached housing construction still remained the development occurring in the Gamer Estates highest in the Region as pointed out in the Subdivsion. The Northwest Community has Residential Building Trends report. Permits issued experienced a consistent number of units built for semi-detached housing dwellings remained over the past ten years. This Community had low in 2003 due to reduced market demand and approximately 21.4% ofthe City's total units built limited supply within registered plans of in 2003. The Stamford Community had the subdivision. Multiple residential development highest number of total units built at 40.3%. This remained almost the same as 39 units were issued was largely due to the development ofa 115 unit building pemlits in 2003 compared to 38 units in apartment dwelling which increased this 2002. percentage dramatically. Without the apartment development the Stamford Community would account for 12.6% of the City's total number of New Residential Single Detached units built in 2003. Based on Lot Frontages -- The potential range of housing to be created in the short term is represented by the mix of approved unbuilt unit types within registered plans and multiple residential rezonings. There was a total of 1,750 units existing in these two categories at the end of 2003 as was shown in Table I of the Land Supply report. These City-wide approvals 0 consist of 594 single lots (34.0%), 0 semi- Small < 15m detached units (0.0%), 473 townhouses (27.0%) . Medium 15-18m and 683 apartment units (39.0%). . Large >18m The breakdown of single detached lot supply Although statistics in 2003 and recent years shows that smaller lots having frontages of less indicate greater emphasis in single detached than 15 metres (50 feet) represent 29.6% of the construction, the mix of housing types through the total. Medium-sized lots from 15 metres to less years has contributed to a more desirable ratio than 18 metres (60 feet) account for 36.9% of all between lower density and multiple units. As singles and large lots of 18 metres or greater in shown above, the 258 building permits issued for frontage comprise 33.5% of the supply. The single detached dwellings this past year were well demand for smaller and medium sized lots has distributed by lot size - small (51.6%) , medium been addressed again this year within the (26.9%) and large (21.7%). This provided registered plans. purchasers with options for various sized PLANNING & DEVELOPMENT DEPARTMENT Tho C"' cl ~ Niagara Foils Range of Housing Canoda ~ -- "" Figure 1: 2003 Approved Unbuilt Units by Community Units 200 150 . Northwest . Westiane 100 0 Stamford 50 0 Single <15m Single 15-18m Single >18m Townhouse Apartment Range of Housing Figure 1 above illustrates the mix of approved contributor to the small and medium size lot unbuilt units within the three Communities that supply. Small lot singles now represent 30.4% of represent the majority of the City's supply. The the total unit supply and medium lot singles proportion of the municipality's supply within represent 22.6% of the total unit supply. These each of these areas is demonstrated by the relative two lot sizes contribute to 230 unbuilt units or size of the bar chart. The City's total approved 53% of the total unit supply. unbuilt units in 2003 in these 3 Communities were 1205 units. The Northwest Community had 361 The Stamford Community continues to exhibit a units, the Westlane Community had 433 units and large supply of future apartment and townhouse in the Stamford Community had 41 I units development that has amassed through the years. available. This total represents 316 unbuilt units. The supply of subdivision lots in the Community is generally The supply of single detached lots has decreased limited to those within older plans and within the in the last five years in the Northwest Community subdivisions of The Neighbourhoods of as the subdivisions continue towards final build StDavid's and Calaguiro Estates Phase I and 2. out There were 117 unbuilt units remaining as of The large ITontage singles are predominately in the end of2003. Approvals exist for a substantial the Calaguiro Estates. number of townhouse and apartment units that are likely to be constructed in the latter stages of the Draft plans of subdivision represent an important Community's development element when considering the range of housing types and lot sizes available. Due to the In Westlane, small and medium sized lot supply cumulative nature of the unit supply process, was still available in Garner Estates Phase 2 and identified shortfalls or areas of over supply can be was enhanced by the registration of Gamer Estates balanced through the type of residential Phase 3 in 2003. The registering subdivision of development that will continue to come on-stream Gamer Estates Phase 3 in 2003 will be a large in the near future. PLANNING & DEVELOPMENT DEPARTMENT . .. _C~. ~ Range of Housing Nlagaro Falls Canodo ~ -- '" The housing mix contained within draft approved Planning Community Map plans of subdivision at the end of2003 is depicted in Figure 2. Draft approval was granted to four plans during 2003 which added 186 potential units to the supply. These plans consist of single detached lots of all sizes and 38 semi-detached units in Gamer Estates Phase 4. Small ITontage single lots represent 34.4% ofthis supply, medium ITontage single lots total 15.4% and large ITontage single lots total 8.2% of the units in draft plans. As plans proceed toward final approval, they will complement the existing units within registered plans and rezoned sites. Figure 2: Draft Approved Plans of Subdivision Housing Mix- Year end 2003 0 Single < 15m . Single is-18m . Single> 18m ~ Seml-detached D Townhouse D Apartment CONCLUSION Considering all aspects of housing mix, Niagara Falls is providing a suitable range of housing types and lot sizes throughout the municipality. Council's actions in the review and approval of proposed development can assist in maintaining an appropriate range of available housing options. 2003 HOUSING MONITORING REPORT ... Vacancy Rates APRIL 2004 1. LAND SUPPLY VACANCY RATES A healthy rental market, where landlords can 2. RESIDENTIAL BUILDING TRENDS realize a return on their investment and tenants have a good selection of units, is generally accepted to have a vacancy rate of 3%. Graph I 3. RANGE OF HOUSING ilIustrates the vacancy rates in Niagara Falls surveyed by Canadian Mortgage and Housing Corporation in the 2003. 4. VACANCY RATES The October 2003 vacancy rate for all units was 4.6% which increased ITom last year's figure of 2.6 %. This indicates that 46 of 1000 units in the INTRODUCTION survey were vacant and ready for occupancy. This report is one of a four part series that will Vacancy rates are tabulated for the different types of rental accommodation in the survey. The make up the 2003 Housing Monitoring Report. It vacancy rate in the core of Niagara Falls City provides a profile on vacancy rates in the City of increased from 2.8% in 2002 to 6.2% in 2003. Niagara Falls as of December 31, 2003. Together, While vacant units increased in all apartment this series of reports serves as a reference for types, the vacancy rate for one bedroom units developers and the public and responds to the jumped to 1 I .8%. Survey data ITom the CMHC housing requirements of the Provincial Policy indicates that the above mentioned vacancies are Statement. located in smaller buildings and are fairly evenly spread. Graph I Apartments - Vacancy Rates by Zone and Bedroom Type (%) City of Niagara Falls in 2003 by CMHC rJ ~ //~/ / ¡¡;¡,,~ Bachelor 1 Bedroom 2 Bedroom 3 Bedroom + Total Apartment Types . Core 0 City of Niagara falls . Remainder PLANNING & DEVELOPMENT DEPARTMENT I , ..a,m ~ Niagara Foils Vacancy Rates Canado ~ -- "" Vacancy Rates continued ... the CMHc. In the city of Niagara Falls in Zone 3 there was 83 However, the combination of historically low vacant units out of700 for I bedroom apartments. mortgage rates, income and job growth in recent There was only I vacant unit out of274 for Zone years is causing a shift to home ownership. With 4 for I bedroom apartments. For 2 bedroom rents continuing to climb, some tenants have apartments there was 47 vacant units out of 1262 recognized that renting a larger 2 or 3 bedroom in zone 3 and 23 vacant units out of 888 in Zone apartment is comparable to buying. As such, more 4. However, for 3 bedroom and greater apartments tenants have moved out of the rental market into there was 5 out of216 units vacant combined in home ownership. The overall effect was a higher zones 3 and 4. Overall, there was 159 units vacant vacancy rate in 2003. out of 3427 in Zones 3 and 4 according to the CMHC survey. The survey suggests that in the city of Niagara Falls for I bedroom apartments there has been an Rental Market Survey Zone Map increase from 2.5% vacancy rate in 2002 to 8.6% for Niagara Falls vacancy rate in 2003. The average rent in Zone 3 increased 4.4% in 2003, with the one bedroom unit rent rising by 7.1% to $601. CMHC has indicated that the rental demand response to higherrents in 2003, suggests much more subdued increases in 2004. Rents for 2 room units in Zone 3 increased only marginally. CMHC's survey showed that vacancies jumped more for units priced below $600. This suggests that renters oflower priced units moved to higher priced units in 2003, and new demand was not sufficient to offset the outflow. Also, this move- up activity within the rental market likely softened the impact of renters moving into home ownership, resulting in only slightly higher vacancy rates at the upper end of the market. CONCLUSION . Zone 3,COff Zone ,. Rema"'" The rental market outlook shows that the job market for individuals in their prime years has """'."""'..."".,,- been building momentum since late 2002. An historically high level of youth employment into 2004 will boost demand for rental accommodation as more rental household are formed according to PLANNING & DEVELOPMENT DEPARTMENT Community Services Department R.2004.13 Adele Kon Director April 19, 2004 His Worship Mayor Ted Saki and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-13 - Patrick Cummings Memoriat Sports Complex Phase IB - Landscape Development - Tender TRO4-2004 RECOMMENDATION: It is recommended that Tender TR04-2004 for the development of the four (4) easterly slo-pitch diamonds and the adjacent landscape works for the Patrick Cummings Memorial Sports Complex be cancelled due to budget constraints. BACKGROUND: Tenders for the Phase IB Landscape Development of Patrick Cummings Memorial Sports Complex were picked up by various bidders and six (6) bid proposals were received and opened at a public bid opening meeting on Tuesday, March 2, 2004, by the Clerk's Department. The results of the bid process are presented as follows: Contractor Q!y Tender Bid Price (incl. GST) 1. 984265 Ontario Limited Stevensville, ON $ 791,800.00 (Circle P Paving) 2. Stevensville Lawn Care Stevensville, ON $ 829,185.80 3. Centennial Construction Niagara on The Lake $ 872,852.50 4. CRL Campbell Construction Waintleet, ON $ 883,663.78 5. Alfidome Construction Niagara Falls, ON $ 890,924.80 Working Together to Serve Our Community Municipal Works. Fire Services. Parks, Recreation & Culture. Business Deveiopment . Building & By-Law Services . .. April 19,2004 - 2 - R-2004-13 6. Peninsula Construction Fonthill, ON $ 915,438.16 Staff reviewed all of the tenders received and due to budget constraints is recommending that this tender be cancelled and re-tendered with modifications to the contract documents. espectfully submitted: M4~ 000 MacDonald Chief Administrative Officer Director of Parks, Recreation & Culture JD/das S:\CounciIlCounciI2004\R-2004-13 ,"vised - PaIne!< Cummings Memonal Sports Complex Phase 1B - Landscape DevelopmentTender.wpd