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2004/07/26REGULAR COUNCIL MEETING Monday, July 26, 2004 Order of Business and Agenda Package REGULAR COUNCIL MEETING July 26, 2004 PRAYER: Alderman Selina Volpatti DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS Canadian Millennium Scholarship Winners Local high school students Sheely Chadda, Stephanie Pang and Anh Nguyen will be recognized for receiving the Canada Millennium Scholarship award in recognition of community involvement, demonstrated leadership abilities, innovative thinking and academic achievement. PLANNING MATTERS ITEM NO. 40 Public Meeting AM-17/2004, Zoning By-law Amendment Application Fernwood Draft Plan of Subdivision 26T-11-2004-03 (Revised) Official Plan and Zoning Amendment Application AM-23/2003 Owner: 800460 Ontario Limited Background Material: Recommendation Report: PD-2004-64 -2- - AND - Correspondence from the Ministry of Municipal Affairs and Housing. Correspondence from the Regional Niagara, Planning and Development Department. Correspondence from Dr. John Bacher, Chair, Friends of the Twelve Mile Creek. Correspondence from the Federation of Ontario Naturalists. Various correspondences from Peter Grandoni. Memo from the Ci'[y Clerk. REGULAR COUNCIL MATTERS ADOPTION OF MINUTES: Planning/Regular Minutes of the June 14, 2004 Council meeting. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Letter of Request from Mr. Alex Kates of 4556 Simcoe Street - Re: Fence on City Property. -AND- Various Inter-Departmental memos RECOMMENDATION: For the consideration of Council. 2. Letter of Request from Mike Glazier, Niagara Falls Junior "A" Ringette - Re: Use of Niagara Falls Memorial Arena Parking Lot for a Fundraiser on October 2-3, 2004 -AND- Inter-Departmental E-mail RECOMMENDATION: For the consideration of Council. 3. Letter of Request from the Victoria Centre BIA - Re: Financial Assistance for Hiring of a Police Officer to Control Traffic at Victoria Avenue, Centre Street and Clifton Hill Intersection. RECOMMENDATION: For the consideration of Council. T -3- Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS CLERKS DIVISION MATTERS 1. Chief Administrative Officer CD-2004-17, Filling Regional Council Vacancy. Please note: Anne Angelone has requested to speak before Council on this matter. FINANCE MATTERS 1. Chief Administrative Officer F-2004-47, Low-Income Seniors' Water Rebate. 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. BBS-2004-05 - Indexing of City Development Charges; 2. CD-2004-'16, Special Occasion Permit, First Niagara Oldtimers; 3. F-2004-46, Final Tax Notice Due Dates for Accounts with Commercial, Industrial and Multi-Residential Assessments; 4. HR-2004-04, Employment of Relatives Policy 5. L-2004-35, Nicola and Esther Golia, Permanently Closing Part of Road Allowance (unopened) now known as Part 2 on Draft Reference Plan. RATIFICATION OF "IN CAMERA" MATTERS ! -4- RESOLUTIONS 1. THEREFORE BE IT RESOLVED THAT short form wordings and set fines for offences under the Noise By-law attached hereto as Schedule "A" be adopted; AND FURTHER that Schedule "A" be sent to the Chief Judge of the Ontario Court of Justice for approval; AND FURTHER that the City Solicitor be authorized to make such amendments to Schedule "A" as may be required to have the said Schedule "A" approved by the Chief Judge of the Ontario Court of Justice. 2. THEREFORE BE IT RESOLVED THAT: (a) Council intends to amend its 2004 budget and will consider the amendment on Monday, August 16, 2004 at 7:00 p.m. at the Council Chambers, City Hall, 4310 Queen Street, Niagara Falls, Ontario; (b) The purpose of the public meeting is to consider an amendment to the approved 2004 budget and the said proposed amendment will be discussed and considered at that time; ©) Should anyone require more information, they may contact Mr. Ken Burden, Director of Finance, regarding the proposed public meeting; and (d) This Resolution shall constitute notice to the public of Council's intention to amend the budget. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2004-141 A by-law 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. 2004-142 A by-law 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. 2004-143 A by-law to authorize the execution of an Agreement with 918969 Ontario Inc., carrying on business as Bob Robinson & Son Construction, respecting a condition to pass an Official Plan Amendment and Zoning By-law Amendment to accommodate a proposed contractor's yard. '1 -5- 2004-144 A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2004. 2004-145 To adopt, ratify and confirm the actions of City Council at its meeting held on the 26th day of July, 2004. NEW BUSINESS T t. flUenntum Les bourses Scholarships du miU~nalre News Release For immediate publication Canada Millennium Scholarship Foundation recognizes 931 students Montreal, May 26, 2004 - 931 students from across the country have been awarded one of the Canada Millennium Scholarship Foundation's millennium excellence awards in recognition of community involvement, demonstrated leadership abilities, innovative thinking and academic achievement. 'The excellence awards provide us with the opportunity to invest in the futures of exceptional young Canadians. The laureates come from a variety of backgrounds and have diverse interests, but all share a common ability to inspire those around them through their accomplishments, leadership, and dedication," said Gbrard Veilleux, chairman of the Foundation's Board of Directors. The Foundation received over 7,100 applications for this year's scholarships, which support students entering post-secondary education for the first time. Regional committees judge applicants and recommend names to the Foundation's Board of Directors for a final decision. Awards are made in each province and territory based on their share of the Canadian population, except for national awards, which are given to the top applicants across the country, irrespective of provincial and territorial quotas. In Quebec, at the request of the provincial government, half of the millennium excellence award allocation is used to increase the number of millennium bursaries available in the province. There are three levels of entrance awards: · National - 100 awards of $5,000 are granted, renewable for up to three additional years, to a maximum of $20,000. · Provincial/Territorial - 208 awards of $4,000 are granted, renewable for up to three additional years, to a maximum of $16,000. · Local - 623 one-time awards of $4,000 are granted. I "These laureates represent a promising and bright future for our country," said Franca Gucciardi, director of the Millennium Excellence Award Program. "They are the thinkers, the mentors, and most importantly, the leaders of tomorrow." Since its inception in February 2000, more than 5,300 students have benefited from the program. A complete list of the 2004 laureates, as well as more information on the entrance award of the Millennium Excellence Award Program, is available on the Foundation's Web site at: www.millenniumscholarships.ca. The Canada Millennium Scholarship Foundation is a private, independent organization created by an act of Parliament in 1998. It encourages Canadian students to strive for excellence and pursue their post-secondary studies. The Foundation distributes $285 million in the form of bursaries and scholarships each year throughout Canada. Since its inception, it has awarded $1.3 billion in the form of 420,000 bursaries to Canadian post- secondary students. Ce communiqu~ de presse est ~galement disponible en fran{:ais. - 30 - For more information, please contact: Jean Lapierre Director of Communications 814-284-7235 The geographic distribution of the 2004 entrance awards is as follows: Provincial/ Province/Territory National Territorial Local Total Alberta 10 23 70 103 British Columbia 18 30 92 '140 Manitoba 4 9 26 39 New Brunswick 3 6 17 26 Newfoundland and Labrador 4 4 14 22 Northwest Territories 0 1 1 2 Nova Scotia 4 7 22 33 Nunavut 0 1 1 2 Ontario 35 89 268 392 Prince Edward Island 2 1 4 7 Quebec 16 28 84 128 Saskatchewan 4 8 23 35 Yukon 0 1 1 2 Total 100 208 623 93t 1' Corporate Services Department PD-2004-64 · ~1~a, Planning & Development ]'he City of Doug Darbyson · $ ~,~ 4310 Queen Street N_,laga r,a Fall Director P.O. Box 1023 ~.an~~ Niagara Falls, ON L2E 6×5 ~r web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca July 26, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-64, Recommendation Report Fernwood Draft Plan of Subdivision 26T-11-2004-03 (Revised) Official Plan & Zoning By-law Amendment Application AM-23/2003 Zoning By-law Amendment Application AM-17/2004 Owner: 800460 Ontario Limited RECOMMENDATION: It is recommended that: 1) Co/mlEFfhot appf~W~d~~~~~~ lan o n ~Council accepts the Modified Plan "C"subdivision layout, it is recommended that: 2) Council direct staff to prepare a report and required documents to implement this decision with respect to Official Plan policies, draft plan of subdivision conditions and zoning by-law amendments. BACKGROUND: Proposal The applicant proposes to subdivide a 16.649 hectare (41.14 acre) site into 83 lots for single- detached dwellings, a block of land for stormwater management and a small block for parkland. This subdivision design is a revision to the initial plans submitted to the City. Thc property is located at the Urban Area Boundary on the west side of Garner Road, north side of Lundy's Lane and thc CN Railway linc, and cast of Bcechwood Road as shown on Schedule 1. The street pattern provides two connections to Garner ]Road and an internal cul-de-sac. The main roadway terminates at the southwesterly limit of thc plan and is to be continued on abutting land owned by the applicant Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development July 26, 2004 - 2 - PD-2004-64 in the future. Schedule 2 illustrates the revised subdivision layout (Plan "C"). A concept plan for the balance of the applicant's lands (24.133 hectares/59.63 acres) is included as Schedule 3 indicating roadways, single-detached lots, on-street townhouses, multiple residential blocks, park addition and a "passive residential area" (woodlot protection). The City's Official Plan currently designates the majority of the property Industrial (Special Policy Area #9) with two watercourses traversing the site designated Environmental Protection Area. The land is currently zoned, in part, Transportation-Distribution Industrial (TDI) with a small area at the southwest comer zoned Hazard Land (HL), both through Zoning By-law No. 79-200. Council considered Official Plan and Zoning By-law amendment applications (File AM-23/2003) for all of the applicant's property in September 2003. The applicant requested the majority of the land be designated Residential and the stormwater management area (realigned watercourses) along the railway tracks be designated Environmental Protection Area in the Official Plan. The zoning of the land was requested to be changed to the Development Holding (DH) category. These applications were approved in principle in September 2003 subject to the inclusion of special policies and "further investigations into the significant wetlands of the woodlots" on the site. Pursuant to Council's direction, staff consulted with the Region and Ministry of Natural Resources as to the significance of the woodlot within the proposed development. Both planning authorities recommended that the northerly woodlot be protected by way o fan Environmental Protection Area designation. Policy options which addressed the woodlot protection issue and other matters identified in the approved staff report were subsequently prepared for discussion purposes with the developer. Said policy options were rejected by the developer's solicitor by way of formal correspondence dated February 4, 2004. A full discussion of these policy options is set out in staff report PD-2004-11 (Appendix I) which was submitted to Council on February 23, 2004. The requested Official Plan policies presently before City Council propose a more simplified policy amendment than what Council had previously directed. The draf~ subdivision plan and zoning amendment application (File AM-17/2004) propose significantly more development within the northerly woodlot that was previously depicted in the proponents original concept plan. Public Consultation The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on June 14, 2004. Presentations were made at that meeting and letters have been submitted regarding the development. Several people objected to the proposal expressing concerns with tree cutting on the property, the amount and suitability of protection for the remaining northern woodlot and adequacy of environmental studies. Residents have asked that the woodlot area be re-purchased from the developer by the City, a full environmental evaluation be undertaken and an independent legal opinion be obtained regarding designation of the woodlot. An abutting property owner to the west supports the development of the land but has concerns with the design as there are no road connections to their land outside of the urban area. The required Public Meeting for the zoning amendment (AM-17/2004) is satisfied through tonight's meeting and provides another opportunity for public comment on the Official Plan policies and subdivision application. July 26, 2004 - 3 - PD-2004-64 Official Plan Amendment The approval in principle f~om September 2003 for the O£ficial Plan amendment was to redesignate the majority of the land for residential use with special policies. The related Zoning By-law amendment was also approved in principle to change the whole site to the Development Holding (DH) zone category as an interim measure. The special policies were to address the woodlot protection issue as well as other neighbourhood design and impact mitigation measures. With respect to woodiot protection, the staff recommendation in February 2004 was that the majority of the northerly woodlot (except for two small residential building envelopes) be protected through an Environmental Protection Area designation. The staff recommended policies allow a balance between suitable woodlot protection and permitting limited residential development within the woodlnt while also addressing the remaining design aspects of the proposal. The submitted Official Plan wording from the developer (Appendix fi) is inadequate in staff's opinion to provide guidance for the proper development of this land. The Official Plan policies are necessary to establish the framework to guide the review of subdivision and zoning applications to implement the land use designation change. Independent Legal Opinion - Environmental Protection Area Designation Since the deferral in February 2004, planning staff have been advised by both the applicant's solicitor and the City Solicitor that in their opinion, the City cannot legally apply an EPA designation to the woodlot. This view is based on their interpretation of Ontario Municipal Board decisions and as the applicant did not apply for such designation, the City can only apply designations in place at the time of the application. Independent legal advice was sought with respect to the matter. .The legal/planning principle at issue is that proposals must be tested against the planning documents m place at the time of application. The solicitor for the applicant has advanced the position that the City is precluded bom protecting the north woodlot owing to the "Clergy principle"- a general practise to be followed in land use approval applications. The independent legal opinion obtained by the City disagrees with the legal position advocated thus far. The site specific amendment is to be assessed against the policies of the existing City's Official Plan (also the Regional Policy Plans and the Provincial Policy Statement). With respect to the City's O£ficial Plan, woodlot preservation is not only encouraged but promoted. The legal opinion provided indicates the City may consider whether the woodlot should be protected in accordance with the approved Official Plan policies which may include the appropriate designation of the land. Commenta~ from the upper tier planning authorities, both Regional and Provincial, as to the amount ofwoodlot protection warranted according to their respective policies has been addressed in their correspondence. Subdivision Plans "A", "B' and "C" The application to amend the Official Plan was submitted in June 2003 and included a concept plan for the development of the entire property (Schedule 4). The plan layout for the northeast quadrant of the developer's land provided a l~ge block for woodlot protection and two estate-sized lots f~onting on Garner Road. This concept plan formed the basis for the review and approval in principle of the Official Plan amendment. However, on February 23, 2004, the developer submitted two dra~ plans of subdivision (Plan "A" - generally corresponding to the design promoted in the July 26. 2004 - 4 - PD-2004-S4 north woodlot area since the onset of the applicantion review process, and Plan "B" - full development of the land that eliminated the northern woodlot). The plan submission materials were not complete until March 19, 2004 and the City advised it can only process one subdivision plan for the land. In late March 2004, the applicant posted required Public Notice signs (for both plans) on the property indicating that Plan "A" (woodlot protection) was the "Developer's Preferred Plan". Staffprepared preliminary comments on the subdivision plan and concept plan and provided these to the developer in early May 2004. This letter discussed several design concerns and offered suggestions to resolve the issues with respect to Plan "A". Staffindicated there was no support for Plan "B" since the northern woodlot would be eliminated and a townhouse development was shown on land protected for the Highway 420 Extension. In a letter fi.om the applicant's solicitor dated May 14, 2004, Plan "A" was formally withdrawn. The reason cited for the withdrawal was that land for active parkland was requested by the City in addition to the woodlot area proposed to be protected. Following discussions with staff, the developer submitted Plan "C" and associated concept plan on May 26, 2004 which addresses some of the initial design issues but proposes additional development within the woodlot. Woodlot Protection The matter of woodlot protection is perhaps the key issue with respect to the development of the land. The Official Plan encourages the preservation of woodlots to the greatest extent possible recognizing the environmental and aesthetic benefits to the community. In the urban area, the policies promote the incorporation of forest resources within developments. The initial EIS report from the applicant's consultant indicated that there are healthy and diverse vegetation species in the northern woodlot and that the western portion should be maintained in its current form. The consultant's position appears to have changed with their revised comments on plan "C". The Region and Ministry of Natural Resources have identified that the northern woodlot warrants protection and disagree with the developer's consultant regarding the significance of the woodlot and protection measures. Staff have previously recommended to Council that an independent tree study be undertaken to resolve this matter. Such an independent analysis could take the form ora peer review of the developer's consultant report together with other documentation. If additional work or concerns are raised these would be identified. The staged approach can minimize expenses and time. Based on Region and agency comments, and in the absence of an independent tree evaluation, staff maintain that the general subdivision design in the northern woodlot area depicted in the original OPA concept plan (essentially Plan "A") provides the greatest woodlot protection and is closest to the positions of the upper levels of government. Plan "A" better preserves the integrity of the woodlot with a consolidated area of woodlot protection estimated at 11.23 acres (4.54 hectares) including the undisturbed areas of the proposed estate lots. Comparatively, Plan "C" does not include any woodlot protection at this stage of development but shows 3.53 acres (1.43 hectares) of passive residential (woodlot) in future phases on the concept plan. It should be noted that the proposed Highway 420 goes through the woodlot area, which would result in a loss of over 2 acres (0.81 hectares) of the woodlot if the highway proceeds. The woodlot can be protected under either public or private ownership. The Official Plan advocates private stewardship and it must be recognized that it is impossible for all urban woodlots to be in public control. The City has explored land purchase, land exchange and parkland dedication of the woodlot with the developer. The concept plan indicates the woodlot area as a plan of condominium common element amenity feature associated with an abutting multiple use residential use. July 26, 2004 - 5 - PD-2004-64 Active Parkland Parks staff have attempted to secure an area for active parkland in the central portion of the development to serve and be accessible to the future residents. A playground for the neighbourhood is essential given thc magnitude of the development being proposed and isolation of the area. The developer has proposed a stormwater management area along thc CN Railway line for walking trail use and concept plans indicate a playground in the southwest corner of the site near Lundy's Lane. This linear block of land is intended to be dedicated to the City with the primary functions for stormwatcr management, realigned watercourses, safety berm/noise barrier and also to provide the standard 75 metre (246 foot) vibration setback required by CN Rail. Although not the City's preference, subj eot to confirmation that an approved stormwater design and safety berm requirements would allow a consolidated area suitable for playground development, the City could establish a small active park within the block. The location should be approximately midway along the stormwater area at an intersection with a future north-south roadway. Adequate street frontage is necessary for access, safety and visibility and should be provided within the first phase of development. Additional walkway connections from the proposed Hendershot Boulevard to the trail area are desired. The general alignment of the stormwater channel/watercourse shown on concept plans needs to be shifted closer to the CN safety berm to provide greater land area for recreational use and minimize maintenance issues of the naturalized drainage area and berm. Subdivision and Concept Plan Design In addition to woodlot protection and provision of active parkland, there are numerous subdivision design and overall concept issues that are unresolved. The subdivision provides large single- detached lots as the first stage of development for the property. The concept plan indicates moderate-sized single-detached lots, on-street townhouses, multiple residential and an apartment in future phases. The net residential density of thc overall concept plan is slightly higher than the 25 units/hectare (10 units/acre) specified in the Official Plan. There is an uneven distribution of this density and housing mix with the emphasis on future development. The street pattern and lotting fabric are distinctly different. There should be more of an integration of housing types throughout the development area. While thc Official Plan promotes a full range of dwelling types and the efficient use of urban land, these policies must be balanced with other planning principles for compatibility and specific location critieria. The City favours lower density development at the Urban Area Boundary to provide a better transition to the rural/agriculture area, being more sensitive to the natural environment and minimizing potential land use conflicts. In this regard, the 7-storey 175-unit apartment block shown at the southwest limit of the concept plan is not appropriate. Increased densities could be considered abutting open space features such as the woodlot and stormwatcr management area where some bonusing may be applicable in recognition ofwoodlot protection. The construction ora roadway through the woodlot is not supported. Therefore, the single access point on Garner Road into the development raises concerns with traffic movements and risks from an emergency response perspective. A special wide entrance design for Hendershot Boulevard will be needed. The concept plan shows a permanent road connection to Lundy's Lane near the CN Railway crossing that Regional Public Works does not support - an emergency access in this location should be pursued. The proposed Tapestry Court cul-de-sac should be eliminated to provide alternate vehicle routing options. Emergency access needs to be provided during construction and July 26, 2004 - 6 - PD-2004-64 temporary tumarounds will be required for streets that do not connect in phased portions of the development. The Province continues to protect the proposed Highway 420 corridor traversing the developer's land. Any plans for development of this area and to the northwest are premature. Noise and vibration studies and resulting mitigation measures with respect to the railway, industrial use to the south and highway may influence the lotting design. Zoning standards cannot be determined for lots in the area of the woodlot until an accepted woodlot study has been completed identifying appropriate uses, setbacks, lot sizes and building coverage. The requested R1E zoning category is not representative of the general lot size proposed and the stormwater area should be zoned Hazard Land (HL) with provision for possible recreation use. The precise boundaries of each zone cannot be established until the stormwater design is submitted and woodlot protection issues resolved. Regional Planning Comments Woodlot protection is a major concern of the Region and the Ministry of Natural Resources for this proposal. The Region is investigating violations under the Region's Tree Conservation By-law regarding the cutting of the former southerly woodlot on the site. The Region has recommended an Environmental Protection Area designation for the north woodlot through the Official Plan Amendment review and has obtained independent legal advice that supports the proposition of designating the north woodlot as an EPA. A Task Force of the Region's Ecological and Environmental Advisory Committee (EEAC) has determined that the applicant's Environmental Impact Studyis insufficient to evaluate development impacts on the woodlot. Other areas of concern with the applications relate to land use compatibility (the need for a noise and vibration impact report) and the overall development pattern (housing mix/distribution, stormwater area). As previously noted, Regional Public Works has advised that the proposed road access to Lundy's Lane shown on the concept plan is not acceptable. The Region does not support the proposed applications that would result in the development of the woodlot. Agency Comments CN. Rail requires the inclusion of conditions for the subdivision such as increased dwelling setbacks, no,se/vibration study, safety berm/acoustic barrier and a warning clause. The stormwater block abutti.ng the railway is proposed to be dedicated to the City. CN would require the mtmicipality to enter xnto an agreement regarding the construction and maintenance of mitigation measures and assume any liability on this land. The Niagara Peninsula Conservation Authority (NPCA) requires detailed plans for sedimentation/erosion control, lot grading and stormwater management. The proposed width of the stormwater block has changed during the review of applications on the land and additional information is needed to confirm the ultimate width. The realig~Jnent of the existing watemourses has received authorization from the Department of Fisheries and Oceans (DFO). Discussions with NPCA staffrelated to this authorization indicate minor amendments (i.e. specific location of the channel and timing of construction) are possible and this is not an onerous process. The only restriction would be that realignment construction not occur in the Spring. The Ministry of Transportation protects land through the overall development site and no dwellings, structures, roads or services are permitted within 13.7 metres (45 feet) of the highway fight-of-way. This affects the proposed concept lotting pattern. July 26, 2004 - 7 - PD-2004-64 Ministry of Municipal Affairs The Ministry of Municipal Affairs has identified two concerns with respect to the planning applications before Council including the overall development Concept Plan "C". Having regard to provincial policies under the Planning Act, questions have been raised with respect to thc need to re-designate additional lands for residential purposes and conformity with the Provincial Policy Statement for the protection of natural heritage features. The Ministry questions the rationale being advanced against the protection of the woodlot and thc fact that many municipalities throughout the Province rely on environmental impact studies to identify natural heritage features and afford them protection. Secondly, with respect to procedural matters under section 51(24)(c) of the Planning Act, thc Ministry states that it would be premature to consider both thc plan of subdivision and zoning amendment applications until the proper Official Plan amendment is in place. Modified Plan "C' At the conclusion of the Public Meeting held on June 14, 2004 for the subdivision plan, Council passed the motion that: "Staff and the applicant meet to continue negotiations to dedicate the 7 acres as passive parkland". Following the Council direction, several Senior staff, the applicant and his solicitor met on June 16, 2004. Modifications to the submitted Plan "C" were discussed and are detailed in Appendix III and generally illustrated on Schedule 5. Senior staff agreed to present these modifications to Council for consideration. The highlights of the modifications discussed include: · conveyance to the City of 5 acres of the woodlot for park purposes including walkway access points; · provision ofwoodlot conservation easements at the rear of lots within the current woodlot; · restricted building coverage (30%) in the zoning by-law for lots within the current woodlot; · conveyance to the City of a total of 100 feet of frontage anywhere on the south side of Hendershot Boulevard for access to the proposed stormwater/recreation trail/park area; and approval in principle of the concept plan for the overall development. CONCLUSION: The developer's proposed special policies to implement the prior Official Plan approval in principle from September 2003 as well as a draft plan of subdivision and related a zoning by-law amendment are before Council for consideration. The requested Official Plan policies cannot be supported for a number of reasons: 1) The proposed amendment submitted by the applicant is not in keeping with the direction provided by Council in September 2003. Substantial deviation fi-om the developer's preferred concept has taken place since the time staff recommended and Council approved in principle, the Official Plan amendment concept that was originally proposed. 2) The upper tier planning authorities (Region and Ministry of Natural Resources) continue to take issue with the amount of woodlot protection being proposed. Full protection of the north woodlot by way of an Environmental Protection Area designation is recommended. July 26, 2004 - 8 - PD-2004-64 3) The City and Region have obtained independent legal opinions which challenge the position being advanced by the proponent's solicitor that the City cannot protect the north woodlot by way of an EPA designation. 4) The Ministry of Municipal Affairs and Housing has raised concems with respect to Planning Act compliance issues. The regard given to Provincial Policy Statements and the processing of applications have been questioned. With respect to the subdivision and zoning by-law amendment applications, numerous issues have been raised by commenting agencies and staff which need to be resolved. In a typical planning approval process the details of subdivision design and the establishment of proper zoning regulations are worked out in advance, then presented to Council. This has not been achieved with respect to the Femwood proposal. Both the Region and the Ministry of Municipal Affairs have identified the prematurity of processing both subdivision and rezoning applications given that the Official Plan land use designation and policy matters have not been properly addressed. The issues identified in this report clearly indicate the difficulties with the applications presented. Given the developer has requested that the applications be processed and are expecting a decision from Council, staff has no choice but to recommend denial of the applications. Deferral of the applications as suggested by the Region would unlikely result in any substantial agreement on the major planning issues to be resolved. It is more likely to conclude that this matter will need to be adjudicated by the OMB. In this regard, staffwill be making further recommendations to Council regarding the preparation of a defense. Council will need to give direction as to the substantive planning objectives it wishes to achieve in supporting an Official Plan amendment change as well as other related matters pertaining to subdivision design and zoning. In turning attention to the direction given to staff regarding the second recommendation set out in this report, staffwill proceed to implement any decision Council chooses to make with respect to the developer's subdivision proposal Plan "C" or modifications to same as may be directed. Prepared by: Approved by: Richard Wilson T. Ravenda Planner 2 Executive Director of Corporate Services Recommended by: Respectfully submitted:/] Doug Darbyson acDonald Director of Plarming & Development ~/ Chief Administrative Officer RW/DD:pb Attach. S:~PDR~2004~D2004-64, Femwood Sub AM-23-03; AM-17-04.wpd SCHEDULE 1 Proposed Plan of Subdivision & Zoning By-Law Amendment Application Fernwood Subdivision 26T-11-2004-03 (Revised) & AM-17/2004 Location Map LUNDY~, (Fernwood Subdivision 26T-11-2004-03 Subject Land & Zoning By-Law Amendment Application AM-17/2004) N Lands subject to Official Plan w-~ E and Zoning Amendment s (File AM 23/2003) i:NTS AREA., 797 Sq. /' ~. CONC'E.:,?T', ,, ,, PLAN ONLY ~ ^~,,,~'iu~ sr~ SOUTH OF THE HI(~HWAY :: NORTH OF' ~-iE HI{~h~AY ~'~ LUNDY's LANE CONOO~N~UU I~.OCX__ _~__ ~ ~ TOTAL . · --e ~ e --~ --~ --* --~ -- O~NO~S FOOT PA~ (TOT~ ~G~ ~2750~ M~EES) 452 UNI~ e 74.71 A~6.~,UNt~/A~E (NOT ~N~ PAEX. AND WOOD LOT) Corporate Services Department PD-2004-11 j~ Planning & Development Doug Darbyson The Cily of jr 'l lt, 4310 Queen Street Director Niagara Falls YI~I~ P.O. Box,)023 Car~adcl ~1~ Niagara halls, ur~ kZb ~ll~ll~Jlll~~ web site: www.cJty.niagarafalts.on.ca ~11111~~-1-- Tel.: (905) 356-7521 .. APPENDIX I Fax: (905) 356-2354 E-mail: plarming@city.niagarafalls.on.ca February 23, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-11, Official Plan & Zoning By-law Amendment Application, AM-23/2003 Applicant: Metro Development Agent: Rick Brady West Side of Garner Road, North of Lundy's Lane RECOMMENDATION: It is recommended that: 1 ) Council consider the endorsement of Policy Option B for penmitting residential development on the subject lands and protecting existing natural areas having regard to the detailed assessment of issues outlined in this report; and 2) alternatively, Council may wish to consider undertaking an independent assessment of the subject woodlands to determine the significance and degree of enviromnental protection warranted. BACKGROUND: On September 8, 2003, Council approved the recommendations contained in Staff report PD-2003- 80. The report recommended approval of the proposed Official Plan amendment to designate the majority of the lands to Residential with special policies to address vadons matters including woodlot protection. The applicant's original concept plan for the development of the property is attached. Lands associated with the southerly stormwater management corridor would also be designated as Environmental Protection Area. In approving the proposed amendment, Council directed that further investigation into the significance of the wet woodlots occur. Council added this resolution to address resident concems over the significant species within the woodlot (Round- leaved Greenbrier), the amount ofwoodlot which would be required as habitat for the species, and whether the woodlots were also wetlands. The residents have formed a Citizens' Committee and have identified themselves as the Garner Road Woodland Defenders. Working Together to Serve Our Community Clerks Finance · Human Resources Information Systems Legal · Planning & Development February 23, 2004 - 2 - PD-2004-11 As outlined in the previous staff report, there are two woodlots situated on the east side of the property. The City's Urban Woodlot Inventory ranks the northernmost woodlot, which is approximately 5.2 hectares in size, to be 34t~ out of an inventory of 120 wooded and treed sites. The inventory indicates that this woodlot contains Round-leaved Greenbrier, Black gum and Pin Oak and was the third highest ranked site for significant species. The smaller wood3ot, situated to the south, being about 1.9 ha in size, is ranked 96th overall and is identified as containing some Pin Oak. The woodlots on the site are shown on the aerial photo attached. Given that past decisions on this application were made by a previous Council, staffhas put together an information package incorporating the previous staff report PD-2003-80 as well as other correspondence on the woodlot issue. Process of Further Investigation The Citizens' Committee wrote both the City and Reg/onal Planning staff requesting that the City have a peer review performed on the developer's consultant's work. Also submitted was a letter from an independent environmental consultant, Dougan and Associates, expressing an opinion that the developer's original Environmental Impact Study (EIS) "may not adequately address the complexities of developing within this type of forest habitat". An EIS addendum report prepared by the developer's consultant (L. Campbell & Associates), which provides information on the habitat requirements of the Round-leaved Greenbrier and an opinion on wetland status, was forwarded with the Dougan letter together with information submitted by the Citizen's Committee to the Ministry of Natural Resources (MNR). Council should refer to the lvlNR's response, which recommends the whole northern woodlot be designated as Environmental Protection Area. Council may wish to refer to the EIS addendum report prepared by Campbell and Associates for information on the Round-leaved Greenbrier species and its habitat which is confmed to the westem half of the northern woodlot. The report further indicates that the proposed lots along Garner Road are not anticipated to impact the Greenbrier habitat. Notwithstanding the foregoing, the originalEIS study conceptually indicated an encroachment of proposed residential lots along the southerly boundary of this woodlot. This design issue will need to be resolved. Stakeholder Input Planning staff met with the developer and his solicitor to discuss possible policy approaches to guide the development of the future residential subdivision and the protection of existing woodlots. Meetings and discussions were also held with representatives of the Citizens' Committee, MNR, various City divisions and Regional Planning staff. This report is based on the culmination of input received. Policy Options and Approaches Having been directed by Council to proceed with the preparation of an Official Plan amendment for the subject lands and to prepare special policies to guide future development including woodlot protection, staff has prepared the following policy options for Council's consideration. It is noted that no consensus could be reached through meetings and discussions with stakeholder groups, therefore, two policy options are proffered. The options are derived from input received from the various stakeholder groups based on the further investigations directed by Council. February 23, 2004 - 3 - PD-2004-11 Option A - Designating the Entire Northern Woodlot as Environmental Protection Area (EPA), No Development Permitted (see attachment) · This option was recommended by the Ministry of Natural Resources who considered the entire northern woodlot as useable habitat for the Round-leaved Greenbrier. · The Regional Planning Department had recommended the designation of the northerly woodlot as an Environmental Protection Area in their August 27, 2003 comments to the City. · According to the Ministry of Natural Resources, the Round-leaved Greenbrier species is currently classified as threatened nationally and vulnerable provincially, although it is in the process of being upgraded to threatened in Ontario. · The City's Official Plan contains policies for designating environmentally significant areas such as high quality plant and animal communities as Environmental Protection Areas. The approach has already been used to protect a locally significant woodlot in the Miller Road estate subdivision in the south part of the community. · According to Provincial Policy Statement policies, "nothing in the policy statement is intended to prevent planning authorities fi:om going beyond the minimum standards established in specific policies, in developing official plan policies and when making decisions on planning matters, unless doing so would conflict with any other policy." Option B - Designating the Entire Northern Woodlot as Environmental Protection Area (EPA), with Provisions for Limited Development at the Eastern Edge of the Woodlot (see attachment) The following points, in addition to those mentioned in Option A, should be considered for this option: · The subject Round-leaved Greenbrier species is located within a small area in the interior area of the northerly woodlot. The habitat is confined to the westerly half of said woodlot. The EIS addendum report prepared by L. Campbell and Associates recommends that development should be excluded from any area which might negatively impact this habitat. · The EIS addendum report does not anticipate that the proposed lots along Garner Road will inpact the Greenbrier habitat. · Policy Option B proposes controls and restrictions to guide the location, size and building envelope for two residential dwellings at the easterly edge of the woodier. A detailed environmental impact study is defined as the mechanism for prescribing such restrictions. · The City's Official Plan encourages the preservation of woodlots to the greatest extent possible recognizing their numerous environmental and aesthetic benefits. Within the urban area a balance of development and conservation is promoted. Option B, in the opinion of staff, represents a reasonable balance. · The developer's lawyer contends that the Round-leaved Greenbrier is not a threatened or endangered species nor are the lands classified as a provincially significant wetland; notwithstanding the recommendations of the MNR, Option B may be considered as an appropriate compromise. 15. 09.08.2003 -PD-2003-80 report to City Council Council recommendations adopted: 1) Council approve the Official Plan amendment applcation to designate the majority of the lands for residential use with Special Policy provisions addressing the matters in this report; 2) the lands be zoned "Development Holding" 3) and that further investigations into the significant wetlands of the woodlots occur (Council addendum) 16. 09.08.2003 Excerpt of September 8, 2003 Council Minutes Planning Meeting 17. 09.04.2003 -correspondence from P. Grandoni (resident) re: the natural features on the properly, reasons for protection and the effect of subdivision development 18. 08.28.2003 -correspondence from J. Bacher (resident) re: the consideration of Council to delay the official plan and zoning amendment applications to consider the significance of the woodlot area 19. (09.08.2003) -submission to public meeting by George C. M. Banks on behalf of Jean Grandoni (resident) re: the guidelines pett~ining to and the importance of retaining natural heritage features 20. 03.2003 Environmental Impact Study, Fernwood Development prepared by L. Campbell & Associates Page 2 of 2 February 23, 2004 - 4 - PD-2004-11 CONCLUSION: To quote a recent article in Ontario Planning Journal "planners are expected to balance the interests of growth and development with the broader community wide social, economic and environmental interests. In practice, this translates into.., developing plans and policies to ensure sustainable growth and development". This Planning Division has attempted to stri~e a balance between the divergent interests of stakeholder groups. In this regard, Policy Option B is recommended by staff over Option A which proposes no development in the northerly woodlot. The southerly woodlot has not been recommended for protection by any of the three planning authorities. Having regard to area resident concerns, questions have been raised with respect to the completeness of studies which have been submitted in support of the developer's apphcafion. Council will need to satisfy itself with respect to the concerns expressed by area residents. In this regard, Council may wish to undertake an independent evaluation of the woodlots in question and to seek independent expert advice on the significance and degree of environmental protection warranted. The Ministry of Natural Resources (MNR) has indicated in their comments that a wetland evaluation and boundary correction for Beaverdams Creek will be completed during the summer field season. The MNR has verbally stated such an evaluation would involve an examination of the subject woodlots subject to funding and landowner approval, however, the developer may not wish to await the completion of this study. The input of the developer should be obtained. Should Council wish to explore the notion of an independent assessment, staff will need to investigate the potential cost of such an undertaking, timing, terms of reference and so forth. A further report will need to be prepared if this alternative is to be pursued. It should be noted the draft policies for Options A and B both contain policies requiring further studies and providing guidance on design elements since the detailed zoning and formal plan of subdivision are not being considered at this time. Should Council choose one of these options, further wording refmement may be necessary to address issues raised through this public process or other necessary design considerations such as implementing recommendations of the traffic impact study, addressing internal traffic flow, parkland dedication, etc. ,~ro.~4~.ed by: Respeet~y~ Dave Heyworth cDonald Planner 2 x,/Chief Administrative Officer and Doug Darl6yson Director of Planning & Development Executive Director of Corporate Services DH/DD :pb SCPDR~004~PD2004*I 1, AM-23-03, MetroDev Garner Rd.wpd AM 23/2003 OPTION A Draft Special Policy 14.44 Special Policy g44 refers to a parcel of land, approximately 40ha in size and located on the west side of Garner Road and north of Lundy's Lane and the CN railway tracks. Although the majority of these lands are designated for residential purposes, they are isolated from other residential areas and are subject to development constraints from surrounding natural and manmade features. Therefore, in order to ensure that future residential development is designed in a sensitive manner relative to surrounding land uses and that potential impacts from transportation corridors and indnsthal land uses are properly mitigated, the following special policies shall apply: 14.44.1 A 5 ha woodlot containing rare Carolinian tree species is located along the northern periphery of the residential area. This area will be protected in accordance with the policies of Part 2, section 12, Environmental Protection 14.44.2 In order to ensure that future residential development adjaeent to the woodlot is designed in a sensitive manner and does not negatively impact on the features and functions of the woodlot the following shall be considered: (i) development surrounding the woodlot area shall be setback in accordance with recommended buffer distances from an environmental impact study; (ii) any master grading plan prepared for the development of adjacent residential lands shall be sensitive to the protection of the woodlot area; and (iii) a habitat management plan shall be prepared that recognizes the habitat requirements of a species at risk. 14.44.3 It is recognized that development will take place over a smaller, southerly woodlot, however, existing trees should be maintained, where possible, through a tree preservation plan. 14.44.4 Future residential development will be situated adjacent to the CNR railway, Redpath Industries and agricultural lands. The property is bisected by a future Provinical highway right-of-way. All of these uses could impact the future residential development of the property. Therefore, in order to ensure that potential impacts are mitigated, the following will be addressed at the plan of subdivision stage. 14.44.4.1 Appropriate noise and vibration studies and corresponding design elements shall be undertaken to ensure that acceptable levels of compatibility are achieve~l. 14.44.4.2 Given that the main point of ingress and egress into the development is restricted to one general location on Garner Road, special design considerations should be incorporated to provide for 2 full two-way movements into and out of the subdivision. 14.44.4.3 An internal road pattern maximizing vehicular and pedestrian circulation shall be incorporated in the design with due consideration given to road hierarchy and function. The use of cul-de-sacs shall be kept to a minimum. 14.44.5 Lands situated on the northwest side of the future highway corridor shall remain in a development holding zone. Should the corridor designation be relinquishedbythe MinistryofTransportation, these lands shall be integrated with the residential lands to the south east. 14.44.6 The location and design of an appropriate neighbourhood park will be determined at the plan of subdivision stage. 14.44.7 The ultimate width of the linear stormwater management facility will be determined by detailed design through a storm water management plan to be approved by relevant agencies at the zoning by-law amendment stage. S:~ONING~uM S~2003~Am-23~)raftSpecialPolicyOPT 1 ver4.wpd AM 23/2003 OPTION B WOODLOT DESIGNATED EPA WITH PROVISIONS FOR LIMITED DEVELOPMENT AT EASTERN EDGE Draft Special Policy 14.44 Special Policy g44 refers to a parcel of land, approximately 40ha in size and located on the west side of Garner Road and north of Lundy's Lane and the CN railway tracks. Although the majority of these lands are designated for residential purposes, they are isolated from other residential areas and are subject to development constraints from surrounding natural and manmade features. Therefore, in order to ensure that future residential development is designed in a sensitive manner relative to surrounding land uses and that potential impacts from transportation corridors and industrial land uses are properly mitigated, the following special policies shall apply: 14.44.1 A 5 ha woodlot containing rare Carolinian tree species is located along the northerly periphery of the residential area. This area will be protected in accordance with the policies of Part 2, section 12 Environmental Protection Areas. Notwithstanding these policies, the development of two single detached dwellings shall be permitted at the eastern edge of the woodlot by specific residential zoning subject to a detailed environmental impact study which addresses such matters as: (i) the location of species at risk being Round-leaf Greenbrier, Black Gum and Pin Oak; (ii) the identification of a restricted building envelop which will ensure the species at risk are not disrupted', (iii) the size of the restricted building envelope shall be determined by study but shall be no greater than 15,000 sq. ft. including amenity area.. (iv) a lot grading plan which ensures species at risk within the single detached building lots will not be negatively impacted on. 14.44.2 In order to ensure that future residential development adjacent to the woodlot is designed in a sensitive manner and does not negatively impact on the features and functions of the woodlot the following shall be considered: (i) development surrounding the woodlot area shall be setback in accordance with recommended buffer distances from an environmental impact study; (ii) any master grading plan prepared for the development of adjacent residential lands shall be sensitive to the protection of the woodlot area; (iii) a habitat management plan shall be prepared that recognizes the habitat requirements of a species at risk. 14.44.3 It is recognized that development will take place over a smaller, southerly woodlot however, existing trees should be maintained, where possible, through a tree preservation plan. 14.44.4 Furore residential development will be situated adjacent to the CNR railway, Redp ath Industries and agricultural lands. The property is bisected by a future Provincial highway right-of-way. All of these uses could impact the future residential development of the property. Therefore, in order to ensure that potential impacts are mitigated the following will be addressed at the plan of subdivision stage. 14.44.4.1 Appropriate noise and vibration studies and corresponding design elements shall be undertaken to ensure that acceptable levels of compatibility are achieved. 14.44.4.2 Given that the main point of ingress and egress into the development is restricted to one general location on Garner Road, special design considerations should be incorporated to provide for 2 full two-way movements into and out of the subdivision. 14.44.4.3 An internal road pattem maximizing vehicular and pedestrian circulation shall be incorporated in the design with due consideration given to road hierarchy and function. The use of cul-de-sacs shall be kept to a minimum. 14.44.5 Lands situated on the north west side of the future highway corridor shall remain in a development holding zone. Should the corridor designation be relinquishedbythe Ministry o fTransportation, these lands shallbe integrated with the residential lands to the south east. 14.44.6 The location and design of an appropriate neighbourhood park will be determined at the plan of subdivision stage. 14.44.7 The ultimate width of the linear stormwater management facility will be determined by detailed design through a storm water management plan to be approved by relevant agencies at the zoning by-law amendment stage. S 5ZONINGXAMS~2003LMn-23~Draft SpecialPolicyOPT2ver2EPAdesig.wpd Al I A(..;HMENT Fernwood Development Preliminary Plan of Subdivision ~ , r---~Me,ers Figure Two 0 55 110 220 330 440 ~_ C mpb Ii & : s$0~ t ~ Information Package Re: PD-2004-11 Official Plan & Zoning By-law Amendment Application, AM-23/2003 Metro Development, West Side of Garner Road, North of Lundy's Lane -chronology of correspondence concerning Woodlot Issues 1. 02.04.2004 -letter from V. Muratori, Sullivan Mahoney, agent for the applicant response to the proposed Official Plan policy opfons prepared, in draft, by City Staff 2. 01.15.2004 -letter received from Peter Colosimo, Regional Planner re: the December 19, 2003 letter from the MNR and the proposed Environmental Protection Area designation on the northerly woodlot. Regional Staff further suggest that existing trees in the southerly woodlot be retained where feasible through a tree preservation plan. 3. 12.19.2003 -letter from Joad Durst, MNR concludes: all of woodlot #83 be maintained in its current form and recoitalJ~nds no development within the norther woodlot including no removal of trees or other vegetation ns it may dkecfly or indirectly affect the existing quality of habitat for the species at risk -it is recommended that a habitat management plan is developed for the species at risk and that the woodlot be designated as an Environmental Protection Area (EPA) 4. 11.10.2003 -letter from P. Colosimo, Regional Planner re: the October 31, 2003 letter forwarded to Marianna McMaster (Garner Road Woodland Defenders) conftrming that the MNR will sene as a 'peer' review for Provincial interests associated with the woodlot. 5. 10.31.2003 -letter from D. Darbyson to Marianna McMaster re: woodlot protection and MNR peer review 6. 10.30.2003 -letter from P. Colosimo, Regional Planner to MNR m: EIS & addendum prepared by L. Campbell & Associates (March 2003 & October 20, 2003) and letter from Garner Road Woodland Defenders,(October 6, 2003) and requesting Ministry review 7. 10.30.2003 -letter from V. Goldsworthy, Regional Planner to E. Henry in response to the placement of fill and removal of trees on site. The letter confirms that trees have not been removed from the main woodlot and that the future removal of trees will be subject to a tree saving plan. 8. 10.29.2003 -correspondence from Janet Damude, Niagara Falls Nature Club re: general request to inventory woodlots and undisturbed prairies in all of Niagara Palls in order to make wise development choices 9. 10.23.2003 -letter from P. Colosimo, Regional Planner to Marianna McMaster re: woodlot protection and issues raised on its potential importance as a wetland 10. 10.22.2003 -fax from Garner Road Woodland Defenders (Marianna McMaster) to Niagara Falls Planning Department re: 10.06.2003 letter from M. McMaster requesting a peer review 10.01.2003 letter from Jim Dougan, Dougan & Associates recommending a more detailed review of EIS submitted by L. Campbell & Associates 11. 10.20.2003 -EIS Addendum Report, Femwood Development by L. Campbell & Associates 12. 09.09.2603 -fax from D. Heyworth to P. Colosimo re: opinion of D. Kirk, Ecologist with MNR regarding treatment of species as habitat of threatened or endangered species. 13. 09.08.2003 -letter from B. Kershner, Buffalo Audobon Society In. Re: protecting natural heritage in the Municipality 14. 09.07.2003 -letter from B. Kershner, Buffalo Audobon Society In. Re: timing of decision on applications Page 1 of 2 APPENDIX II June 24, 2004 Project No. 02-U08 OFFICIAL PLAN AMENDMENT When the application was submitted to amend the Offal Plan; for the site now commonly referred to as the 'Femwood" subdivision, the requested change was to replace the existing narrow environmental protectioh areas with one larger block to be designated environmental protection area; running parallel to the existing milline and being of a width of 70 meters. The rest of the property was to be redesignated Residential from industrial. The City Planning staff agreed with requested change and recommended the site be. so designated with the addition of a special policy area to address a woodlot on the property, After much study and discussion, the special policy area should state as follows: $~oecial Po/icy That any plan of subdivieion that is approved for the area include p~otecfion of e reasonable porfion of the norfhem woodlot to be held in pdvate or public ownership or a combination of both ~orms of ownership. TOTFL P, 02 APPENDIX III - Modified Plan "C" Details 1. The modifications, if accepted by Council would go forward by way of"redline revision" to the applicant's Plan "C". 2. An area of approximately 5 acres comprising the most westerly portion of the northerly woodlot (which portion contains all of the older growth forest and includes the roundleaf greenbrier) would be conveyed to the City for park purposes. This area would be accessed by two access points, one fi.om the current plan of subdivision and the second fi.om the futura plan when it comes forward. 3. The rear of the lots on the north and south side of proposed Tanglewood Drive, to the depth of 10 metres along the rear of those lots and on the north side of Hendershot Boulevard to the depth of 5 metres at the rear of the Hendershot lots would be subject to a conservation easement which would prohibit any development of the wooded area within the easement. The total area contained in the conservation easement which would remain as undisturbed woodlot would be 1.32 acres more or less. 4. The combination of land held by the City for park purposes and that land which is subject to the conservation easement would total 6.32 acres and in excess of 50% of the northern woodlot. 5. The developer when cleating the site for the purpose of constructing Tanglewood Drive would limit the clearance to the road allowance itself and that area required to install services. All lots on either side of Tanglewood would remain in their natural state as far as existing vegetation. This by way of an encouragement to any purchaser to maximize the retention of the more important trees. 6. With respect to all lots to the north and west side of Tanglewood and the first 6 lots on the south side of Tanglewood, an additional restriction to coverage would be imposed in the implementing zoning by-law that would limit coverage to 30% of the lot area, a 25% reduction from the standard 40% coverage. Given the very large size of these lots this should also encourage the maximum retention of the wooded area. 7. The developer would convey for park purposes a frontage on the south side of Hendershot up to a total of 100 feet to provide access by the general public into the EPA lands to the south. This 100 feet of fi.ontage can be taken anywhere along the south side of Hendershot either as one continuous piece or in several pieces in different locations if multiple access points are required. 8. The area contained in the woodland area, the access routes to that area and the access to the playground (yet to be chosen) total some 5.35 acres which is over 5% of the total 100 acres and is also fubstantially greater pereent if one excludes the 16 acres of EPA lands. This contribution to parkland would satisfy all of the developer's requirements with respect to any future development within the 100 acres, even including MTO lands should they ever be released. 9. If Council should approve the proposed modification, in order to remove any future potential disagreement on this issue, the developer would request that the Concept Plan as provided herein (Modified Plan "C") be approved in principle. We recognize that obviously it would be subject to any regulatory changes that might come forward in the future however based on current status we would want to have this issue dealt with right now. .,.,.o, .,n,..,.. Ontario Municipal Affairs Affalres municipales and Housing et du Logement C, en~-al Region Rdgi=n du Centre 777 Bay Street, 2nd Root 777. rue Ray. ~ncl ~tage Toronto ON M.~G 2E5 Toronto ON MSG 2E5 Photqe: 416-$8,5-4~-L~6 T~16phone: 416-585.6226 Toll-Free: 1-800-~88-0230 Sans frais: 1-800-668-0230 FAX COVER SHEET FROM: MSO - CENTRAL OFFICE ~ Tom Gutfreund 585-6910 .... Alex Mitchell 585-6734 ___. Victor Doyle 585-6106 Jim Romar 58,5-6626 .. Pearl Rosen 585-6805 Rlzaldo Padilla 585-6053 Bruce Slngbush 585.6564 Tom Derreck 58.5-6880 Mary Faria S85-6062 Andrea Ubeysekeea 585-6226 , Terry Fenton 58S-6687 Darryl Lyons S85-6048 Bev Hendry 58,5-6200 __ lan Russell . 5aS-696S Tim Haldenby SS,5-6SS9 Yvonne Humt 585-6379 Marilou Murray 585-7037 ~/David Sit 58,~6583 Sybelle Von Kursell 585-6563 Michael Went 585-6073 Louis Bitontl SSS- 6563 SUBJECT: COMMENTS: Ministo/o[ Minl$~m Natural Resources Ri(bosses natumllea ,..,..... Ontario ~ Vi~ A~enue N, Fax: (g0S) ~62-11 ~ ~ne~d S~tiofl. On.rio Guelph District luIy 23, 2004 FAXED M/9.istry o f Mm~icipal Affmrs ~d Hous/~ FAX / C~a1777 BayK~°ns~cet, 2n Floor Toronto, ON MSG F~wood Developm~ Niag~ Fall~ In response to the letter dated, June 4, 2004, from L. Campbell & Associates to Mr. Victor Mmatori concerning oar corre~ondence of April 28. 2004 to the Reg/onal Municipality of Niagara~ I would like to clarify the ecological rationale which supports upholding our decision that the northern woodlot #83 be considered a significant woodlot and significant wildlife habitat.. Our designation is based upon many ecological attributes £otmd in this woodlot. The values are wetland habitat potential, de~r wintering values, interior habitat and significant habitat for a species at risk, namely the Rotmd-leaved greenbrier. As you are aware Minista3, Natural Resources has not be~a invited to survey the ecological features of this property a~d therefore the infortllat/on we have is based upon the information provided in the EIS report (Environmental Impact Study Femwood Development- Ltmdy's Lane & Garner Road Niagara Falls, Ontario) dated Mamh 2003 and EIS amendment dated Oct 20, 2003. We also have information from our own Sources such as the NR. VIS database, air photo imagery, MNR files and our aerial winter deer surveys. While we acknowledge that the northern woodlot has not been evaluated as a provincially aig~i.tScant wetland by the Ministry of Natural R,esottrces, it should be noted that Provincial Wetland Evaluations are considered "open" files and are updated when new information becotues available. The soil information provided in the ElS report verifies the presence of hydric soils (clay) flu'oughout the site and the vegetation list shows the presence ofhydrophilic .../2 JUL 23'84 15:33 FR Jul. 4d ~ lJ.~ , ~ ~ ................... TO 9]~053562354 P.03/04 -2- plants. Obligate wetland plants identified in the ElS include Button Bush~ cat, ail and Swamp Ked CurranL Other wetland plants include Green Ash, Black Ourn~ Northern Pin Oak, Pussy Willow, White Elm, jewelweed (Spo~ted Touch-roe not), and possibly some species not speciated but possibly hydrophilic. These species prefer w~-y wet to moist conditions and are r~presented by coefficient o£wemess scales of-I to -4. Furubermore the presence of many moist to dry species suggests a hummocky micro topography and a slou~h forest pattern and there£or¢. the potential exists for wetland communities within thc wood]o:. Furthermore, recent amendments to the Wetland cvahafion system in 2003, have placed the Special Features Portion of the evaluation in line with the NHIC tracking database. All species currently tracked by NItlC are considered provincially significant and receive points under the special features coroponent. Thc:rcfore, according to the Wetland Evalualion manual, there are three provincially significant species listed (Black Gum sad Pin Oak, Round-Ieaved Greenbrier indicating to us that an on-site wetland evaluation is warsanted. We would be more than willing to cany this out. We dtsagree with the evaluation of thc deer wintering values of this woodlot. Deer yard/ng occm when the deer concentrate in specific ar~as in thc winter. This usually happens when snow cover is at least 20 cm deep, wh/ch does not always happen each winter in Niagara_ We do have an extensive winter aerial woodlot survey database (1982 to presem). Analysis of this dare eropirically deroon~trates that thc limiting factors for deer wintering are related ro woodfiol size and not by woodlot type (lie. conifer specie~) (Lewies, [982)1. This is because our winters arc not severe from a temperature p--rspective to limit th,, deer population. Thc minimum woodlot size for deer wimering iS 5 ha. This means that if the winter conditions are favourable (> 20cra snow depth) and there is no other larger woodlots within thc home range oX'the local deer herd, they will most likely concentrat~ in woodlots 5 ha or greater. We agree with you that the current designation of the Round-leafed greenbrier (Smilax rotundifolia) is Vulnerable and is listed on MiNrR's VTEEE list and matches the COSSARO designation and that its presence is well documented by local reports as being l>resent in the north woodlot. We do not agree that the proposed charkge from Vulnerable to Threatened is "preliminary and only presumed". The proposed change has been through the Environ. mental Bill of Rights registry and we am now awaiting formal approval. We disagree with the statement that the woodlot does not have interior species pre~ent. Ln the EiS Amendment dated October 20, 2003, the habitat requirements for the Rotund-leafed Greenbrier was discussed. It was stated that "this plant prefers ir~terior woodland conditions and is not commonly found on the woodland edge". This is fi,a'ther supported by explain/rig that other Niagara occurances are also interior. Therefore based upon this infomaation and mu own knowledge of this spell*s, we have concluded that the woodlot in question would have in:erior habitat values. ~ P,_W Le~,ics. ! 982. Niagara Disu-i¢~ Winter AeaS. al Deer Survey, ~ tmpubli.sh, cd report. ~u~ ~ ~q - ~ ~ ................... TO 9~905356~354 P,04/04 -3- Based upon thc above ecological values, ~nd based Upon our previous correspondence, oLrr position remains that woodlot # 83 should be considered as a significant woodloI and as signii~cam w~ldli£c habitat. Niagara Area Supervisor TOTAL TOTAL PAGE.004 Ontario Municipal Affairs Affaire~ mun~clpalcs ~nd Housing et da Lagement July 22, Mr. Peter Coloslmo Senior Planner Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Re: Femwood Subdivision-City of Niagara Falls Ministry File No.: 26-DP-22274010 As per your email request of June 25, 2004, please find below our comments on a proposed draft plan of subdivision, located along the west side of Garmer Road, north of Lundy's Lane (Region Road 20), in the City of Niagara Falls. This application proposes under Concept Plan "C" 248 single residential lots, 62 on-street townhouscs; and 445 multi-residential units. Associated official plan and zoning by-law applications have also been submitted, The subject lands are presently designated as Industrial (Special Policy Area gg) and Environmental Protection in the City's official plan. As you are aware, all planning approval authorities who have been delegated the authority to make planning decisions are required to 'have regard to' provincial interests under Section 2 of the Planning Act. These provincial interests are articulated through specific policy statements issued under Section 3. The Provincial Policy Statement was issued by the Lieutenant Governor in Council on May 22, 1996 and is the current policy standard with which these planning applications should be considered under, Further, Section 51 (24) of the Planning Act sets out a number of specific criteria with which a plan of subdivision needs to have regard for. Among these would include a) the effect of the proposed subdivision on matters of provincial interests and b) whether the plan conforms to the official plan and adjacent plans of subdivision, It is in these two areas where we would like to focus our comments at this time. I 1. Pro¥incial Policy Statement (pPS) Land Requirements Section 1.1.2 of the PPS provides direction to municipalities for land allocation and appropriate land use patterns. These policies allow for municipalities to designate lands for residential, industrial, commercial, reCreational, open space and institutional uses up to a time horizon of 20 years. It is om under, standing that several reports prepared by the Region indicates that the City of Niagara Fails s already has a sufficient supply of residentially designated lands within its urban area. Based on the Region's reports DPD 100-2003 (Housing Sites Inventory as of December 31, 2002) and DPD 13-2002 (Preliminary Estimates of Urban Development Capacities ), housing starts in Niagara Fails on a 5 year average have been approximately 255 units per year. This accompanied by the fact that there is presently approximately 4000 units/lots already either zoned or draft plan appwved and appwximately 880 acres presently designated for residential uses (accounting for between 8600-11300 potential lots/units), we question the need to redesig-aate additional lands for residential purposes. This existing supply based on the yearly housing starts would be sufficient for over 90 years. This does not even include any brownfield redevelopment opportunities or lots that may be created through land severances. Servicing Given that these lands are presently located within the urban area of the City of Niagara Falls, we trust that the proposed development will be serviced by municipal water and sewer services. Section 1.3.1.1 a) of the PPS provides direction in this respect. Full municipal water and sewage services are the preferred fom~ of servicing for urban areas. Lot creation will only be permitted ff sufficient reserve water and sewage plant capacity will be available to accommodate it. ~atural Heritage Policies Section 2.3 of the PPS provides overall direction for the protection of the province's key natural heritage features such as significant habitat for endangered and threatened species, significant woodlots and significant wildlife habitat. Through our correspondence with the Ministry of Natural Resoume's, who are the lead provincial ministry for the identification of natural heritage features across the province, we have been advised that they have previously provided comments to you dated April 28, 2(104. These comments outline their position that woodlot #83 found on the subject property, being approximately 5.2 hectares in size, should be protected as a .significant woodland_ This is because of several reasons. I First, according to the Environmental Impact Statement report that was p~epared, the Round- leaved Greenbriar has been found in the interior of the woodlot. This plant species is presently identified as a vulnerable species, and is in the process of being upgraded to a threatened species by the MNR. As such, the fact that this species is being up~aded cannot be ignored and needs to be factored into any decision that you make with respect to this planning application. Secondly, this wo. odlot should also be considered as an area of significant wildlife habitat. The woodlot has been identified by MNR as a deer yard that provides wintering 'habitat for deer. Please refer to lvINR's letter of April 28, 2004 for further detail. Taking these two factors into consideration, together with the size of the woodlot, and the social and environmental bene'fits that this woodier would provide to the municipality, we would support MNR's position on this matter. We are aware that the consultant for the proponent, Lisa Campbell 'has provided follow-up comments to the MNR's letter. MNR would like to respond to Ms. Campbell's comments and conclusions, however, due to the time frnme involved, have been unable to do so. MNR has also indicated that they are amenable to doing a site inspection of the property prior to finalizing its comments. If this could be a~tanged with the proponent in the next seve~'al wee~, that would be preferable. Further, part of rationale being given against the protection of this woodlot relates to the fact that it is not currently designated in the either the Region or City's official plans, and as such, does not warrant protection. We see three potential problems with this argument. First, the City's official plan does se, era to provide for some flexibility in the protection of forest resources, even though they are not mapped in the official plan. Under Section 3.3.1 of the City's official plan, it states the following: "The City shall encourage and support the efforts of the Ministry of Natural Resources, the Niagara Pennisula Conservation Authority and the Region of Niagara to protect, maintain or improve the quality of the natural resources within the municipality in accordance with environmental and natural resource management legislation. Natural Resources include categories of forest resources [emphasis added], fisheries resources, wildlife resources..... ". Forest resoun:es are defined in the offtcial plan as "woodlots two hectares or greater in size, capable of providing significant economic, social and environmental benefits to the community in the form of income from forest products, recreation, education and research opportunities, recharge of water supplies, soil and water conservation, wiMlife habitat, buffers between land uses and aesthetic amenities." Second, both the Region and City's official plans predate back to the early 1990's prior to the release of the PPS. This being the case, these planning documents have not been brought up to date to reflect the current provincial policy standard, both policies and mapping. If this were to occur at this point in time, it is likely that this woodlot could be identified as a significant woodlot based on the criteria established under the MNR's Natural Heritage Manual. Accordingly, we are in receipt of the Region's draft official plan amendment no. 187. This amendment is proposing to update the Region's current environmental policies and mapping to be reflective of the policy direction in the PPS. We are currently in the process of reviewing this document and will be providing provincial cotments in the near future. Thirdly, in many cases across the province, natural heritage features are not mapped in local planning documents. The rationale for this is because of their environmental sen.sitiviw or the ever changing ecological regime. As such, it is often that only through studies such as an EIS will some of these features be identified and 'afforded protection. An example of this would be significant wildlife habitat or significant portions of habitat for rare and endangered species. 2. Official Plan Conformity On the issue of official plan conformity, the subject lands are presently designated as Industrial and Environmental Protection. As such, we question why the City of Niagara Falls would consider processing a plan of subdivision prior to the principle of development being established. Section 51(24) c) of the Planning Act sets out the criteria that a plan of subdivision is to conform with the official plan. It would therefore be premature to be considering both the plan of subdivision and zoning by-law amendment for this property until official plan conformity is in place. The official plan amendment still needs to be adopted by the City and forwarded to the Rep/on of Niagara for consideration. Should you have any question regarding the above, please call me directly at 416-585-6583. Yours truly, David Sit Senior Municipal Planning Advisor (A) Municipal Services Division - Central Region c.c. Doug Darbyson, City of Niagara Falls Joad Durst, MNR TOTAL PAGE.005 ** I NIA~'~A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O, Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208, E-mail: plan@regional.niagara.on.ca July 20, 2004 FILES: D. I1.M.11.24 D.10.M.11.23 & D.10.M.11.21 Mr. Doug Darbyson, MClP, RPP Director of Planning & Development City of Niagara Falls ,.~ ~_.,..~,._,~ ,,_.,.~ 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E6X5 Daar Mr. Darbyson: Re: Regional and Provincial Planning Review Comments Fernwood Estates Draft Plan of Subdivision and Official Plan and Zoning By-law Amendment Applications File: 26T-11-2004-03 (Revised) 800460 Ontario Limited West Side of Garner Road, north of Lundy's Lane (Regional Road 20) City of Nia,clara Falls The Regional Planning and Development Department recently received the revised Femwood draft plan of subdivision and related Zoning By-law amendment applications circulated by the City for the development of 16.649 hectares (41.14 acres) of land comprised of 83 single detached residential lots, a stormwater management block and a small block for parkland. This represents development on only part of the applicants' property which is comprised of a total of 100 acres. Regional Planning staff previously provided detailed comments to the City on applications to amend the City's Official Plan and Zoning By-law for the entire site. These applications Were approved in principle by City Council, in September 2003, subject to further investigations into the significance of potential wetlands and woodlots as requested by City Council. However, recent tree cutting by the owner and the receipt of revised plans have raised major concerns from a Regional and Provincial planning perspective. The protection of two woodlots on the property has been a major concern expressed by City Planning staff, Regional Planning staff, the Ministry of Natural Resources and area residents. Notwithstanding these concerns, the developer has cut down the southerly woodlot after being advised on several occasions of restrictions under the Region's Tree Conservation By-law. The Region is now in the process of taking action with respect to violations under the By-law. As you are aware, City Council has also passed a motion to support the Region in its efforts to ehforce the Tree Conservation By-law; As a result, [t~ppropriate to make a decision on the planning ~r the proposed development at this time 9ivan tT3e pi~hding litigation und-'~'~the Region's Tree (.;onservation-~y-law. ' Notwithstanding the above noted actions under the Tree Conservation By-law, Regional Planning staff can not support the proposed subdivision for several reasons. There has not been sufficient information submitted to complete our evaluation and to address our concerns associated with the preservation of significant woodlands, land use compatibility (La. noise 2 impacts) and the overall development pattern which are generally outlined in the following comments. Preservation of Woodlands The Ministry of Natural Resources confirmed that the northerly woodlot was the most significant of the two woodlots on the property and that it should be given the highest level of protection. An "Environmental Protection Area" designation through the Official Plan amendment was recommended as the most appropriate land use classification to provide protection for the woodlot. A concern was raised by the applicant's solicitor that lands can not be designated for environmental protection pumoses in an official plan if they were not designated as such at the time an application was made and the owner has not requested the land use change. As the Region is the approval authority for local official plans and amendments, independent legal advice has been obtained on this matter. We have been advised that the City can in fact redesignate these lands "Environmental Protection Area" for several reasons. We note Special Policy No. 9 in the City's Official which currently applies to this property requires that appropriate studies must be carried out in order to determine the future development of this area. Based on these studies, the City can determine that a new designation is appropriate. A Task Force of the Region's Ecological and Environmental Advisory Committee (EEAC) has reviewed environmental reports and related information to assess the woodlot. The Task Force has indicated that a current, detailed inventory of trees and vegetation is necessary to accurately assess the woodlot and development impacts. It was determined that the information provided in the Environmental Impact Study submitted by the applicants is insufficient to evaluate development impacts on the woodlot. Therefore, no development should take place in the woodlot_ It is noted that the current proposal to develop most of the woodlands on this property appears to be in direct conflict with Council's earlier direction on the pending Official Plan Amendment since the subsequent woodlot investigation led by the Ministry of Natural Resources has confirmed that development should be prohibited in the northerly woodlot. Land Use Compatibility A preliminary noise and vibration impact report, prepared in accordance with Ministry of the Environment guidelines, is necessary due to the proximity of the development to the adjacent railway and an industrial use to the south and the future highway designated on lands along the northwest side of the proposed subdivision, This preliminary report is required prior to draft approval in order to assess the design of the subdivision and need for increased building setbacks to be included in the amending zoning by-law. A more detailed study would be required as a condition of draft approval, Overal! Land use and, Development Pattern The site is situated on the edge of the Urban Area Boundary and is isolated from other residential neighbourhoods. The applicants previously indicated that the redesignation of these lands from Industrial to Residential would fulfill needs for a variety of housing types including single detached, semi-detached, townhouse and apartment dwellings. The proposed subdivision and related rezoning only deal with part of the site and only propose single detached dwellings on large lots, A plan of subdivision for the site should include all of the applicants' lands south of the designated highway corridor to demonstrate that there is a commitment toward an acceptable land use pattern including an appropriate housing mix and an improved residential density as well as blocks for the protection of natural features. The subdivision can then be phased according to market demands. The area including the highway corridor and 3 isolated lands to the north along the urban area boundary should remain as a future development area and could be included in a Holding zone. The applicants are proposing a "multi-purpose" block (Block 85) along the railway line. It will primarily provide linear stormwater management facilities in conjunction with the relocation of existing watercourse and will accommodate a noise barrier and possibly pedestrian trails. This block comprises nearly 16 acres of land, Preliminary information submitted with the earlier Official Plan amendment application indicated that the width of the block was intended to be approximately 50 metres and that more details would be provided at the subdivision stage. This block has now increased to over 75 metres in width without any information or design details to demonstrate the need for a block of this size. It appears that the size of this block may be excessive and may not provide an efficient use of these lands, A road access from Regional Road 20 (Lundy's Lane) is illustrated on the concept plan which is close to the railway line. The Regional Public Works Department has not completed its formal comments on this proposal but staff have advised that this road would not be acceptable. This revision will impact the development pattern envisioned under the concept plan and could require further changes to the plan of subdivision. This should be addressed prior to draft approval and is another reason for having a comprehensive plan of subdivision for the entire 100 acre parcel_ Conclusion Regional Planning staff have a number of cencems with these applications. The Region is in the process of taking action with respect to the Tree Conservation By-law and the cutting of trees on this property. On this basis, it is recommended that City Council defer any decision on these applications until this matter is resolved. Notwithstanding the recommendations noted above, this Department cannot support the proposed applications which would result in the development of the woodier. Ii you have any questions concerning the request for Council to defer these applications, please contact the undersigned. Please send notice of the City's decision on these applications. Yours truly, Director of PlanningJ~iCes c. Councillor W. Smeaton V. Muratori, Sullivan Mahoney R. Brady, Urban & Environmental Management Inc. B. Stevens, Regional Public Works J. Durst, Ministry of Natural Resources. Vineland I. Thom[on, Ministry of Natural Resources, Guelph B. Ryter, Ministry of the Environment, Hamilton M:~,ISWORD~PC\NFsubd~Fcmw~od plan.dec T I, II~i. FFtLLS CLERKS '04 0?08 11 ~0i July 5, 2004 134 Church Street St. Catharines, Ontario L2R-3E4 Friends of the Twelve Mile Creek To Niagara Falls City Council: I am requesting permission to speak to the regular July 12 meeting of Niagara Falls City Council. My presentation will be on the need for the Niagara Falls City Council to obtain an independent legal opinion concerning its legal powers concerning its ability to protect the remaining 17 acres of the Garner Road forest. It contains a number of identified significant tree species and one of the most important populations in Ontario of the Round-leaved Greenbrier, a species which is currently undergoing an upgrading from Vulnerable to Threatened. At the last meeting of Niagara Falls City Council, Friends of the Twelve and other members of the public concerned with the Garner Road Forest, were not able to respond to a number of comments from the representative of Metro Development, which were made only in his final concluding remarks. This concerns the justification of the cutting of the southern portion of the Garner Road Forest and the legal inability of the municipality to protect the property through zoning. I will attempt to now respond to both these comments, and those subsequently made by the City Solicitor. My remarks will focus on the following areas: 1. Outrageous Attempt by the Developer to Justify Clear Cutting of Entire Southern Forest At the previous meeting of Niagara Falls City Council on this issue, a representative of Metro Development, indicated that the company earlier notified the Niagara Region of its intent to eliminate through tree cutting the southern portion of the Garner Road Forest. What this representative failed to indicate that this letter of April 27th, 2004, resulted in a subsequent letter from the Niagara Region's Tree By-law enforcement officer, Vince Goldsworthy, on April 28, 2004, that it did not accept Metro Development's interpretation of the its tree protection by-law. This letter pointed out to Metro Development that in its opinion, the proposed tree removal was premature. It further pointed out that any extensive clear cutting should only be done after a subdivision site plan had been approved. The Niagara Region did not accept the notion of Metro Development that the forest was so diseased as to represent a situation where the clear cutting of the eight acre woodlot represented a good forestry practice. As for the view expressed by Metro Development's representative that all parties agreed that the entire southern position of the forest be removed this has never been accepted by Friends of the Twelve, and a number of concerned residents of Niagara Falls who have addressed City Council on this issue. I The elimination of the southern part of the Garner Road Forest is currently subject to an investigation by the Niagara Region as to a possible violation of its tree cutting by-law. It would be appropriate for Niagara Falls City Council to take no further action in processing the proposed rezoning and plan of subdivision until the prosecution of this case is completed. 2. Developer was forced to extensively replant because of forest destruction arising out of a violation of Tree cutting by-law in York Region. Niagara Falls City Council should be aware that them is a precedent where a conviction of violating the tree by-law resulted in major impacts on land use. In May 2002, under York Region's Tree cutting by-law, a development corporation was order to pay $100,000 after pleading guilty to 432 charges of violating the by-law. In addition the corporation was required to spend $125,00 on 5.9 hectares of new plantings. 3. Clean Hands Doctrine Has Impact of Ability of Developer to Prevent Zoning Changes. At length Metro Development has argued that the municipality cannot alter zoning after its application has been made on the grounds that such actions are confiscatory. This argument was further buttressed by claims made by the City Solicitor, that the Ministry of Natural Resources (MNR) could not even undertake to have a wetland classification undertaken on the subject lands. Arguments made about the supposed legal powerlessness of the City of Niagara Falls to protect the Garner Road Forest through the various regulatory provisions of the Planning Act, all fail to mention the impact of a ancient principle of the law of equity- the Clean Hands Doctrine. This was applied by the Ontario Municipal Board in Niagara Falls itself, when board chair, Morley Rosenberg, cited it when ordering a clean up of a dump on Beaverdams Road According to of the Letric Law Library's definition, "Under the clean hands doctrine, a person who has acted wrongly, either morally or legally-that is who has 'unclean hands'-will not be helped by a court when complaining about the actions of someone else." This reality should be considered when the possibility of a challenge to either an environmental protection zoning or a provincially significant wetland designation is considered. An attempt at the OMB by the developer to challenge a provincially significant wetland designation or an environmental protection designation can be defended by the City of Niagara Falls on the basis of the Clean Hands Doctrine. This is because any alleged unfairness of this process, if Metro Development is convicted under the Niagara Tree by-law, would be denied by a tribunal because of its lack of clean hands. A recent decision in the J&M Bail Bonding case from eloquently expressed the basic thrust of the Clean Hands Doctrine. In it the court recognized that those "who seek equity must do equity" and "one that comes into equity must come with clean hands." Here the justices concurred that, "The purpose of the clean hands doctrine is to prevent a party from asserting his, 3 hers, or its rights under the law when that party's own wrongful conduct renders the assertion of such legal rights "contrary to equity and good conscience." Clearly, if Metro Development is convicted of violating the Niagara tree by-law, it would be contrary to equity and good conscience, if the OMB were to prevent for instance, a decision to protect what if left of this forest, through an approval of a future provincially significant wetland mapping of the Garner Road forest. 4. New Federal Endangered Species Act May Assist in Protection of Garner Road Forest The newly proclaimed federal Endangered Species Act, may assist in the protection of the Garner Road Forest. The whole thrust of this law is to provide compensation to private landowners from the protecting of endangered wildlife habitat. This could well provide the developer with compensation for the potential value of proposed lots which are currently forest in the plan of subdivision. 5. City of Niagara Falls Should Consider Expropriation of Site At Industrial Value. At the last meeting of council on the issue of the Garner Road Forest, it was brought out that the sale price of the subject lands was based on the site's current industrial value. It would be appropriate if the site was re-purchased through expropriation at this same value of $4,000 an acre. Some of the money obtained in future fines against the illegal clear cutting, could be applied to this purchase price. It has been argued that Metro Development would be entitled to compensation for "improvements" made since it acquired the property. It would appear however, that the biggest "improvement" made to this site has been the clear cutting of the southern forest. Much of the cost of this undertaking may have been paid for through the sale of the clear cut trees. Summary The four points highlighted in this letter illustrate the complexity of the matter of the legal issues regarding the protection of the Garner Road. Forest. That is why Niagara Falls Council should obtain an independent legal opnion on the various means it can use to protect the forest, from an expert with a good record of the application of environmental law. Sincerely, (Dr.) John Bacher (PhD) Chair, Friends of the Twelve Mile Creek I Federation of ~ ~ i t. li~, FFtLLS CLERKS 'C,~10705 ~Oq~ OD'~O ~ ~~' Naturalists Mayor Ted Salei and Members of Council Office of the Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 June 29, 2004 Dear Mayor Salci and Members of City Council: RE: Garner Road Forest, City of Niagara Falls I am writing on behalf 6f Ontario Nature to encourage you to protect the Garner Road Forest - thel7-acre northern and 7-acre southern woodlands #83 and #87, respectively - that Metro Development is proposing to develop into a residential subdivision. Ontario Nature also urges you to follow the recommendations of your municipal planning staff for an independent, all-season evaluation of the property to determine its ecological significance. Ontario Nature protects and restores natural habitats through research, education and conservation, connecting thousands of individuals and communities with nature. Ontario Nature is working on a number of initiatives to promote the protection and restoration of woodlands and other natural areas across southern Ontario. We are promoting the adoption of new provincial policies and legislation to establish and protect a comprehensive system of natural core areas and corridors, including woodlands, wetlands and other natural habitats, across southern Ontario. The northern of the two woodlands on Garner Road, known as #83, contains many species typical of the Carolinian forest, including the round-leaved greenbriar which has been designated as a provincially vulnerable species. The Ministry of Natural Resources (MNR) has posted a policy amendment on the Environmental Bill of Rights (EBR) Registry that, among other changes, would raise the listing status of round-leaved greenbriar from vulnerable to threatened. While the policy amendment has not yet approved by the provincial government, the species population is at a low level and needs to be protected. Other tree species of note include the sensitive black gum and pin oak. In addition, the site contains a very rare pin oak swamp community. In its submission to your planning staff, the Ministry of Natural Resources noted that section 5.1.4 of the Environmental Impact Study prepared by a consultant hired by Metro Development "provides a very cursory discussion of the two woodlots on the property and does not make an attempt to assess their level of significance in the absence of municipal designations." Ontario Nature supports the staff recommendation for an independent study of the woodland (#83) to determine its significance. This study should be an all-season study and should include a wetland evaluation, since many wetland features, such as vernal pools, sloughs and swamps, are present but have not been thoroughly investigated and inventohed. ~ ..... i u , e ! r/ , Lesmill Ro~d, Don Miiis ON M3¢ W8 ~ As you are aware, the amount of forest cover remaining in the City of Niagara Falls is very small, and the remaining northern woodland (#83) represents a significantly large woodland for the area. MNR has also identified the site as a deer yard that provides wintering habitat for deer. Since the percentage forest cover is low in the area, this woodland may provide one of the few wintering areas for deer. Given this fact, and the presence of species-at-risk, the Garner Road Forest should be recognized as a significant woodland. We note that draft Regional Policy Plan Amendment 187 - proposed new environmental policies for the Regional Municipality of Niagara - has identified the Garner Road Forest, woodland #83, as a Core Natural Area, something which could have assisted the consultants in the preparation of the report, if the Region had been consulted. The southern woodland (#87), part of the Garner Road Forest, is under investigation related to an alleged infraction of the Region's Tree Conservation Bylaw. The loss of trees should be compensated for through a re-vegetation program following the principles of ecological restoration to recreate natural habitats, using native species only. Once the restoration is complete, the southern woodland (#87), combined with the northern woodland (#83), will increase the amount of forest cover in this part of Niagara Falls, benefiting many species and re-establishing forest habitats over time. Ontario Nature recommends that the Garner Road Forest (woodlands #83 and #87) be identified as significant woodlands, and the northern woodland potentially as a Provincially Significant Wetland, through an independent, all-season evaluation, since at least a portion of woodland #83 is a swamp. We support the designation of the property as a Core Natural Area as proposed in draft Regional Policy Plan Amendment 187. We encourage the City of Niagara Falls to protect the remaining northern woodland (#83), and we request that an ecological restoration project to be conducted on the southern woodland (#87) and that it also be protected from further destruction. Ontario Nature is interested in hearing about the outcome of this proposal and would appreciate being advised of your decision. We would be pleased to provide assistance in your efforts to protect the woodland. You may wish to contact Jennifer Baker, the Southern Regional Coordinator, at j enniferb~ontarionature.org or (905) 527-9477 for more information. Sincerely, 7~ e g~Or B~ k~ Director, Conservation & Science Ontario Nature I~lattllra! Resource~ Riches~es naturelles Guelph Di=trict Telephone: (519) 826-4955 1 Siena Road Weet Fe. oslmlle: (519) 826-4929 Guelph, Ontario N1G 4Y2 April 28, 2004 Mr. Peter Colosimo, Planner Planning and Development Department Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, ON L2V 4T7 RE: Proposed Fernwood peveloomeDt West Sidle of Gartner Rd.~ north of Lundy'e Lane (Rf~I. Rd. 20) ~lty of Niagara Fplls Dear Mr. Colosimo: Further to our letter of December 19, 2003 from Mr. Durst, and our meeting at the City of Niagara Falls of Maroh 1 O, 2004, we are pleased to provide you with additional comments concerning the L. Campbell & Associates Environmental Impact Statement report regarding the above development proposal. Our comments relate primarily to the northern woodlot (#83) in relation to the provincially significant natural heritage policies in section 2.3 of the Provincial Policy Statement (PPS). Si.qnificant Wetlands As we have mentioned previously, our ministry has to date not identified any provir~ally significant wetlands on the subject property. However, this does not preclude the potential for a wetland to exist. Siqnffican. t Podions of the Habitat of Threatened and Endan.qered Species For the purposes of the nalural heritage policies of the PPS, the ministry considers, endangered species to be those listed in the regulations of the Endangered Species Act, and threatened species as those listed as such in MNR's list of Vulnerable, Threatened, Endangered, Extirpated and Extincl (VTEEE) species of Ontario. At the time of Ms. Campbell's report, none of the species inventoried through her field work were listed as Threatened or Endangered species and there were no known records to indicate the presence of Threatened or Endangered Species on the subject lands. The ElS report indicates that Round-leaved Greenbrier (Smilax rotundifolia) wes found in the interior of the northern ~,oodlot (woodier #83). This rare species is currently afforded the status T of Vulnerable in MNR's VTEEE list. A vulnerable species is any native C).ntario spe(;ies that, on the basis of the best available scientific evidence, is sensitive to human activities or natural events. MNR periodically amends the species at risk list to upgrade or downgrade the risk ,,.~atus of particular species. As we've mentioned previously, MNR has recently posted a amendment on the Environmental Bill of Rights reaistry_ that among other oheng~,~, r~i~ risk status of the Round-leaved Graenbriar from Vulnerable to Threatened. A Three,toned species is any native species that, on the basis of the best available evidence, is at risk of becoming endangered throughout all or a significant portion of its Ontario range if the limiting factors are not reversed. Although the policy proposal, and the associated change in the status of the Greenbrier, has not yet been formally approved,? is a strong indication of vu nerebilify of the species and the need for protection measures. ~We stror~clJy rec~mmend that :this be a consideration in determining whether the northerrt~oodl~t i_~ ~i~qifl,".-~n.t ~ as discuS-- Significant Woodlands As you know, municipal planning authorities have been given the authority to deten~nine and identify significant woodlands in their !uri.m,'li~i~,n-~ TO assist municipalities with this process, the ~ninistry has developed the Natural Heritage Reference Manual (1999) for Policy 2.3 of the Provincial Policy Statement which provides guidelines and suggested criteria for identifying and protecting significant natural her'rtage features. Although the manual suggests criteria for identifying significant woodlands, municipalities may use other approaches that achieve similar objectives. We note that section 5.1.4 of the ElS report provides a very cursory discussion of the two woodlots on the subject properly and does not make an atl~rnpt tn n~.q~.~ thc~!r !n~_~! Of significance in the absence of municipal designations. Given that the woodlots represent the dominant natural heritage features on the subject lands, it would have been Dretemhln tn a more extensive discussion and analysis of their potenti~ _~i.aniticnnoe in the sontaxt o! the -municipality and region. We ?~ote that the recently circulated_~Reqional policy_ Plan Amendment 187 ooncerninR the environmental policies of the RRginn~l I~lll~j~i~n!i_h/©f H!'~g~-r~- ~lct #83 as a Core Natural Area. The plan. report introducing the amendment indicates that ti~ Amendment was first considered by Planning Services Committee on October 8, 2003 .and presumably had been in development for quite some time prior. The work and criteria 'development thal had already been done by the r_egion could perhaps have provided th, ~wlth some_diractionjrl determinina the si.qnifjcance of the woc~dlot~ h~d the ~n consulted. -¢.~./~ection 7..~ of the repod, and the Barnes Agrdorestry report, indicate that the sout.qem woodlot ~'/ (#87) is in'~o~i'~h. Given this~t~"l and 1he small size of the woodlot, we agree with the report's recommendation that 1rea removal in the southern woodlot could occur wil~out serious impact to the remaining natural features and functions of the subject land. We attic agree, and encourage, the report's.recommender on to compensate for the loss of trees through a '~ revegetation program. We strongly encourage that a revegetation and landscape plan attempt 2 to recreate natural habitats and follow the principles of ecological restoration using only native species, and preferably from a local seed source. Restoration efforts could also include improving the quality of the northern woodlot by removing non-native, invasive species and encguraging natural regeneration. ~- ~-'~ suggested criteria in the Natural Heritage Reference Manual or other appropriate criteria. The amount of forest cover, particularly upland forested area, remaining in th~ ~i~/. ~3f Na_n~r~ _north of McLeod Road is extremely small. Recognizing this small amount of remaining forest cover, woodlot #83, at approximately 5.2 hectares represents a significantly ~i;zed ~oodlot. This provides a stron.q ar{3ument for recoonizinu woodlot #83 as signilicant woodland. In terms of ecological function, the rectangular shape of the woodlot is much more likely to provide interior-like habitat than linear-shaped woodland areas. The Round-leaved Greenbriar prefers moist, interior woodland habitat and its presence here suggests that woodlot #83 provides some interior-habitat functionality. By the description in the ElS reporLth~ also appears to provide a relatively hi_clh de,Ires of habitat and sDe~i~q~ ¢l|x,,~rc:l_f~ in¢~edin~ both -dry, upland area's and wet, Iow-lyin.g areas that mav represent e~hemeral oo-r~;J~ or wetl;~ The report states that woodlot #83 ~s well-stocked With a high a~;emg, hR_~..~l ~r~, =n _.higher diversity of Oak~ A~,b~J~;ZJ~'~;~ It also states that healthy, diverse and significant vegetation species were found including Black Gum. Pin Oak. and Round-leaved ~.Ir~c~nhri.~r .Si.qriificant Wildlife Habitat As with significant woodlands, the responsibility for identifying provincially significant wildlife habitat rests with municipal planning authorities. Both the mlnistry's Natural Herita.[le Reference Manual (1999) and Significant Wildlife Habitat Technical Guide (2000) provide municipalities with guidelines and suggested criteria for undertaking this process. Section 5.1.7 of the ElS repod does not conclusively indicate whether the wn~d~,J ~r,~-- ~/~ provide significant wildlife habitat or not. but suggests to the reader that they do nc.t.-'-'A'~s thi~ section of the report indicates, two of the suggested criteria for identifying significant wildlife - habitat in the Nature! Heritage Reference Manual include seasonal concentrations of animal~, and habitats of species of conservation concern. It is the ministry's position that woodlot meets both of these suggested criteria in the following manner: · According to MNR's information, W0odlot #83 is an identified d~r y~rd th*'! ,,winteriFig habi[at for deer. Deer yards are one of the recommended features for identifying seasonal concentration areas for animals. Given the limited amount of forest cover in the area, this wcodlot likely provides one of the few remaining sheltered areas · for deer to concentrate JR the winter time. · With respect to habitats of species of conservation concern, woodlot #83 provides habitat for a population of Round-leaved ~r~nhriRr which !_~ CUrr_~.n.!!~, r_-n.~:_~d . Vulnerable in the ministry. 's list of species of conr. ern .and is recommended for listing as ___D__LTb~eJ~te.c~.d~As suggested above, this consideration should be.~ argument tot recognizing woodlot #83 as providing significant wildlit~ hRbilat in additinn tO bein~g~_e_c__ognized as significant woodland. This population of Round-le~ved 3 T Greenbdar is of particular conservation importance as it coptain~ ~e,nnrnt~ rn~!~ ~.d female individuals, which only occurs in 3 of th~ Based on the above arguments, the ministry continues to recommerld that woodlot #83 be identified as significant woodland and significant wildlife habitat and be afforded th~, desior~firm of an Environmental Protection Area ir!. the local and regional planning p~lici,~_ We support the ' recommendation of the Regional Policy Plan Amendment 187 concerning the environmental policies of the Regional Municipality of Nia,qara that identifies woodier #83 as a Core Natural IrrlP. aCtS and ~iti.qatiorl As per the Provincial Policy Statement, consideration should also be given to potential impacts from adjeoent lands. Figure two of the report illustrates the preliminary plan of sub,:livision and depicts lots along the entire southern length of woodJot #83 encroaching well into the woodlot. This intrusion could impose significant impacts on the features and functions of the woodlot including, the physical removal and disruption of vegetation and habitat, the intmsk)n and predation by domesticated animals and urban wildlife, the intrusion of non-native, invasive species, the creation of barriers to the movement of deer and other wildlife, and irnpacls on the woodland hydrological regime. It is difficult to regulate, monitor and enforce the activities of private individuals once properties ara in private ownership. We strongly recommend design and mitigation measures that include a setback from the edge o! the woodier a mir~mum of 5 meters beyond the dripline, fencing in the rear of lots, and education and awarene~s of landowners to the sensitivity of the natural heritage features and functions. We agree with the report's recommendations that trails through the woodland should be limited to walking trails and designed by a forest ecologist to ensure the integrity of the forest and the habitat of the Round-leaved Greenbriar is maintained and protected. Figure two also depicts the two large estate residential lots on the eastern edge cf the woodland adjacent to Garner Road. These extend more than a third of the distan(~e into the wob'dland and, in coniurlction with the develoDment on the southern edg~= rR.nr~.~,nt.~ . encroachment on 50 percent of the woodland edge. The ElS repo'rt recommends the preservation of all regionally and provincially rare species to ensure that the seed bank is maintained and further recommends that tree removal from woodier #83 be limited to 1.5% on the eastern portion adjacent to Garner Rd. As we have indicated in previous corr~6pondence, the ministry supports the recommendation to preserve the western portion and corltinues to assert that there is no reason to balieve the Round-leaved Greenbrlar would not colonize the eastern portion of the woodier if it was allowed to regenerate without human disturbance. Despite having been subject to human intervention~ the eastern portion may continue to sustain n,a~ive vegetation, including unique Carolinian species, and mature to a state simih~.r to other ~sections of the woodlot, if the two estate residential lots can not be avoided, the ministry '"strongly recommends that the buildings should be located as close to the road as possible, with minimal tree removal and the maintenance o1 natural vegetation. H ~ ~ ~ ~ ~ ~/~ ~ ~ L~ ~',~ Y T 4 We hope this has provided greater clarification on the issues of concern to our ministry. Should you have any questions or need for further information we would be happy to be of assistance. Please ensure that all future (~orrespondence is copied to Mr. David Sit of the MJnis1~ of Municipal Affairs, Municipal Services Office - Central Region. Sincerely, lan Thornton A/Information Management Supervisor Phone: (519) 826-4928 Fax: (51g) 826-4929 Joad Durst, Area Supervisor, MNR - Vineland Area Offloe Dave Heyworth, City of Niagara Falls David Sit, Munioipal Planning Advisor, MMAH - Central MSO 1 Clerk's Department Niagara Falls Inter-Departmental Memorandum To: Mayor Ted Salci Date: July 23, 2004 & Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Correspondences related Fernwood Subdivision Included in the Council Agenda are the correspondences that have been received between the June 14th Public Meeting and Friday, July 23rd (at time of agenda production). As the Aldermen are undoubtedly aware, there has been voluminous correspondences on this matter which has been before Council on the following dates: September 8, 2003, February 23, 2004 and June 14, 2004. A compendium of the past correspondences was made available to Council members at the February meeting. A chronology was provided in June. Staff feels it would be redundant and wasteful to reproduce every piece of correspondence related to this matter yet again. Also, it is assumed that the Council is very familiar and aware of all of the issues surrounding the application. Mr. Peter Grandoni requested that all of his, and others, past correspondences be reproduced. Staff rejects this request for the reasons outlined in the paragraph above. Secondly, the correspondences from the various citizens from September to date have repeatedly outlined concerns over preservation and protection of the woodlot, wetlands, and wildlife, hydrological factors and storm water impacts. Reproducing every citizen correspondence would be redundant. Finally, as this is a public meeting under the Planning Act, it is anticipated that many of the citizens that have gone on record in the past will be making deputations once again. W or~in0 Tol~et~er to Serve Oar Cornmunit~ 1 July 17th, 2004 My name is Alex Kates and I reside at 4556 Simcoe St. with my wife and 4 children. I am asking for your support to allow me to build a fence around my yard that will be on city owned land. I have been advised by the city building department that the city owns approximately 11 feet from the sidewalk facing Chrysler into our yard. ! am asking for permission to build a fence in accordance with the city by-law height requirements. Part of this fence will be located on city owned property. The fence is very important to my family and me. My son Jordan suffers from "Fragile X Syndrome". Children affected by Fragile X require special care and attention. Ultimately our goal as parents is to optimize the quality of our child's life the best we can. We must be able to provide him with the space he needs to grow and play safely. Recommended exercise equipment such as swimming pool and a trampoline are necessary to improve his motor skills as well as his social skills. This space is very valuable because Jordan needs to work on his motor skills in order to improve his low muscle tone, joint laxity and hyper mobility. I have attached letters from neighbors in support of this fence and a copy of a report on Jordan's condition from C.O.T.A. I have also attached a sample plan and ask that you approve it. Regards, Alex Kates DRIVE WAY [7.5 Fl' C t PROPI RTY I.INE R 28 l~T L ~E W~LK PROPERTY LINE , J g PEET SIDE WALK SIDE WALK SIMCOE STREET JUI,Y 17 2004 MAYOR AND COUNCIl, O[: NIAGARA FALLS: 1 AM THE PROPERTY OWNER OF 4572 SIMCOE ST NIAGARA FALLS. MY PROPERTY IS RIGltT NEXT TO MR ALEX KATES. MR KATES HAS APPROCHED MYSELF REGARDING A FENCE VARIANCE IN SUPPORT OF HIS CHiI,DS NEEDS. [ l-lAVE NO OBJECTION TO THIS FENCE AND ENCOURAGE CITY COUNCIL TO APPROVE THE ERECTION OF THIS FENCE. MR KATES IIAD ADVISED ME THAI' HE WILL BUILD THIS FENCE IN ACCORDANCE WITH THE [IIG[~T REQLilR[LMENTS. ,~572 SIMCOE S I ' NIAGARA FAI,LS I EOM PRE H E N DVE REHABILITATION COTA AND MENTAL HEALTH SERVICES · 700 .~ ....... A,.o,,~,~.W~ SCHOOL HEALTH SUPPORT SERVICES (SHSS) Suite 3(;2, toronto OCCUPATIONAL THERAPY ASSESSMENT REPORT Ontario M6A 354 · Main Switchboard: Date: Jan 15, Feb 2, 14, 2001 School: St. Maurice ~4~¢) 7~s 923o Name: KATES, Jordan Address: 45 Kingsview BIvd D.O.B.: March 27, 1996 Etobicoke, M9R 1T7 · Client inquiry & Referrals: (416) 785 8797 Age: 4 1/2 Principal: B. Brand Class/Grade: Junior Kindergaden Teacher: N Grossi · TolTf ........ [)er Therapist: Leslie Ip CCAC and Branch: Etobicoke/Y46 outside Metro Toronto: 1-888-785-2779 Reason for Referral: Jordan was referred for occupational therapy assessment ant · F~c,~.,~e: consultation with regard to his fine/gross motor skills. (416) 785-9358 ~ E-~,~;]: Background Information: Jordan is a 4½ year old boy who has a diagnosis of Fragile infoC, z,,otarehabonca X Syndrome. He has a t,~tl"sibling who is reported to be normal. Jordan has a teaching assistant at school who provides support in all areas. He is currently bein.cl serviced by Surrey Place. Jordan had been assessed by Speech Therapy who indicated that he was not yet ready for therapy at the time of assessment. No concerns with hearing or vision was reported. Assessments: · Ontario School Report (O.S.R.) · Discussion with teacher, parent · Functional observations in class, gym · Canadian Occupational Performance Measure (Baptiste, Carswell, McColl, Polatajko, Pollock, 1998)-COPM BEHAVIOUR DURING ASSESSMENT: Jordan was a delight and appeared happy at all times. He was able to sit and attend to a task for three to five minutes. His attention would drift and therefore frequent change of activi~ was required. Jordan was able tc follow very simple commands however, his instruction following was inconsistent. CLINICAL AND FUNCTIONAL OBSERVATIONS ,//M0~;ie Tone/Postural Control: Muscle tone (the readiness of a muscle to pefforF~ (' work) effects postural control. Overall, Jordan's muscle tone appears to be lower than ?~._normal. Children with Iow tone must work harder than others in order to move 0r J~.' ,Jordan demonstrates joint laxity at his shoulders and hips It requires more muscl,: j ~..power to stabilize these joints because the joints are looser. T IMPROVING THE QUALITY OF LIFE OF FRAGILE X CHILDREN IBy Laureen Tang CHILD WITH FRAGILE X SYNDROME Children are the most precious and innocent gifts of love. They are both receptive for, as well as reflective of, the love that they receive. In particular, children with Fragile X syndrome require more love and attention because their condition makes them more vulnerable to the evils of public stigma, and isolation, and self-consciousness. Table 1 lists some challenges faced by children with Fragile X s3mdrome. There are many ways that the quality of life (QOL) of a child with Fragile X syndrome can be improved. This paper briefly highlights some individuals that work to achieve this, and the specific activities they employ. Table 1: Challenges Faced By Children with Fragile X Syndrome · Physical distinctiveness e Learning difficulties · Difficulty with self regulation (including · Attention deficit hyperactivity disorder motor skills, and sensory-coordination · Seizures skills) · Difficulty reacting to novel situations · Difficulty with experiencing and · Poor social skills (e.g. avoiding eye expression of feelings contact) **Infbrmat~on adapted from Lee (1999) and Korossy (1997) TIlE FlEALTH CARE PROFESSIONALS To care for the needs of the child with Fragile X syndrome, a whole team of professionals should be employed. This usually includes a physician, psychologist, special education teacher, speech pathologist, and occupational and physio-therapists. The role of each health care professional is to assess the condition of the child and design activities and programs that would enhance their individual strengths and support their weaknesses. Strengths that may be enhanced include memory and routine skills. Weaknesses that are supported include social skills and communication skills. One important aspect of the involvement of professionals is to teach and empower the child with life skills that will help them become more independent. Table 2 briefly summarizes an array of available health care professionals, their treatment roles, and examples of activities they utilize to foster skills in the child. 2 Table 2: Role of Health Care Professionals GOAL EXAMPLE ACTIVITY HE AL~H CARE PROFESSIONAL -- - overseeS the health of the - N/A ~SICIAN child - usually involved in direct . prescribes appropriate health care of the child i pharmacotherapy, e.g., - makes referrals to specialists anticonvulsant for seizures CHOLOGIST --~ - oversees the child music and art therapy behavioural and emotional encourages non-verbal communication needs - involved in psychotherapy - also a venue of relaxation of the family SPECIAL EDUCATI6~-~- - evaluates the child's - cooking classes educational needs encourage the use of motor TEACHER - designs and implements skills and group cooperation individualized educational (social skills programs SPEECH AND LANGU~--~ - aims to increase the child's - reading stones develop PATHOLOGIST vocabulary and rid of any and reinforce language skills inappropriate language usage ctivities involving closeness OCCUPATIONAl- ~-- ~desigu programs to pHYSIO- THERAPIST strengthen weaknesses and touching emphasizes - fine tune motor skills / non-verbal communication j~- teach daily living skills } **Information adapted from Fraser et al (i998), Korassy (1997) and Strom (1990). It is critical that a good therapist is chosen to care for and treat the child. This means a professional who is both an expert in their field, and also a person with whom the child feels comfortable associating. I 3 THE FAMILY The family plays an extremely important role in the life of a child with fragile X syndrome. Since children with developmental disability are aware of their personal and social circumstances (Dudley et al, 1983), the fam/ly is critical for providing the basic foundation of love and support. This is especially true before any help from other facilities can become effective. Families should be aware of the proyession of the child's condition and be involved as much as possible in every aspect of their treatment. Table 3 lists some useful suggestions of things that a family can do for their child. Table 3: What Can Families Do? · Seek appropriate help and treatment when required · Periodically review with teachem, school staff and the school district the type of ~-eatment appropriate for the child · Develop a treatment plan after consultation with health care professionals to optimize the quality of life of the child · Ensure that specialists re-evaluate the condition of the child periodically · Promote public awareness of the fragile X condition and encourage opportunities where the public can become familiar with the clfild · Take care of themselves since caring for a child with developmental disability is challenging ** Adapted from Strom (1990) Families should attempt to do whatever they can to foster a sense of belonging and serf- worth in the child. (Dutton, 1975) This will encourage the child to be more receptive to other treatments as well as to other people. A caveat: keeping the child's best intentions in mind, families must remember not to overprotect them as this may actually inhibit their progress of becoming more independent and happier individuals. The community 'h~s a profound imquence on many aspects of life of a child with Fragile X syndrome. Many of the social stigmas, feelings of isolation and depression (resulting from inappropriate language use, ridicul:, and physical and mental abuse) originate from society. (Dudley, 1983) When referring to the community, this particularly includes both the staff and children at the child's school, as well as the general public. X¥~hat both the school and general public can do to enhance file QOL office child are suggested Table 4 and Table 5. 4 Table 4: The School Community and the Child with Fragile X Provide meaningful challenges to stimulate and engage the child Create an environment where schooling is enjoyed and fun Create situations where the child experiences achievements that reinforces their strengths and motivation e Provide a framework for strong relationship, i.e. through buddy systems Maximize the child's exposure and involvement in the regular curriculum to minimize feelings of isolation ** The School Community and the Ch~J.d oath Fragfle X was adapted from Ooode (1994). Table 5: The Community and the Child with Fragile X Become educated about the fragile X condition Attempt to meet each other in ordinary settings to de-emphasize the 'difference' of the child Engage in active activities that minimize the need to communicate solely through verbal conversation ** The General Coramumty and the Chtld with Fragile X was adapted from Fraser et al (1998) IN RETROSPECT Children affected with Fragile X syndrome require special care and attention from many parties to enhance their QOL. Apart from the main patties discussed previously, many other agencies such as the government and special ~oups and foundations have also taken the initiative to improve the QOL of individuals who have developmental disability. They have set up legislation and funds that protect their rights as well as promote awareness of the condition. Ultimately, the goal of optimizing the quality of life of a child with Fragile X syndrome is the same. This is, to empower them with positive experiences and useful skills that will enable them to integrate socially, and function independently in socieW. REFERENCES 1. Dudley, J.R. Living_w.~_a: The Plight of the People Who We Label Mentally Retarded, Charles C. Thomas Publisher, Springfield, Illinois. pp 32-t02. (1983) 2. Dutton, G. Mental Handical?, Cox-Wyman Ltd., London. pp 132-!58. (1975) 3. Fraser, W., Sines, D. and Ken', M. Hallas' The Care of Peol~le with Intellectual Disabilities, Butterworth-Heincraann, Woburn, MA. pp 37. (1998) 5 4. Goode, D. Qualit~ of Life for Persons with Disabilities: International Perspectives and Issues, Brookline Book, Cambridge MA. pp 235-249. (1994) 5. Korossy, Marika. Information on ?ragile X Syndrome for health care practitioners. Surrey ]~laceCentre, Toronto. pp T (1997) 6. Lee, B.A. and Holden, J.J.A. Fragile X Syndrome. /'n Developmental Disabilities in Ontario, ]. Brown andM. Percy (editors), Toronto: Front Porch Publishing, pp 295-307 (1999) 7. Strom, C.M. Heredity and Ability: How Genetics Affects Your Child and What You Can Do About I_t, Plenum Publishing Corporation, New York, pp 199-238. (1990) I Cbmmunity Services Department The City of ~1~. Niagar~ Fall~ I1~1~ Municipal Works - Traffic & Parking Services Can~~' Inter-Departmental Memorandum ~ ~ To: Dean Iorfida, July 23, 2004 City Clerk From: Karl Dren Manager of Traffic & Parking Services Extension 4509 Subject: Fence on City Property - 4556 Simcoe Street Dean, this is further to your request concerning the installation of a fence on City Property at 4556 Simcoe Street. Staff have the following concerns: 1) thc installation of thc fence adjacent to the sidewalk would not leave room for snow storage and would encourage snow being shovelled onto thc travelled portion of the road; 2) the fence would restrict the placement traffic and parking signs as shown on Exhibit 3) the portion of the fence that extends beyond the front of the house could pose to be a site obstruction for vehicles approaching the intersection of Simcoe Street and Crysler Avenue, refer to both exhibit 'A' & 'B'; Therefore, it is recommended that ideally the fence should be placed along the property line, however, should Council consider an encroachment to be suitable, then the following conditions should apply: 1) the fence along Crysler Avenue be set back a minimum of 6 feet from the sidewalk to allow for the placement of traffic signs and for snow storage; 2) the fence along Crysler Avenue should be set back to the property line at a point directly adjacent to the front of the house and jogged back to the original property line and reduced down to the 1 metre, to ensure that adequate sight distance is achieved as illustrated on the attached drawing as well as to accommodate the placement of traffic control devices.. I trust this information is satisfactory. -- DRIVE WAY ~ ~ HOUSE I PROPERTY LIkE D SII E ~~LK ~ FRONT DOORI ] PROPERTY L~E SIDE WALK SIMCOE STREET Exhibit A Exhibit B Community Services Department lhe C~ty of Building & By-Law Services N~agara Fails Inter-Department Memorandum ~ TO: Dean Iorfida DATE: July 20, 2004 City Clerk FROM: Bob Judge Manager of By-Law Services Ext. 4262 RE: 4556 Simeoe Street - Fence This proposed fence came to our attention as the result of an inspection by Staff. The fence posts were installed in what appeared to be and was later confirmed to be Municipal property. The owner ceased construction immediatley and is now attempting to rectify the matter. The fence is proposed to enclose the entire front and side yards on Simcoe Street and Crysler Avenue, however the fence on Crysler will be on municipal property. The fence on Simcoe is on private property and is therefore not a concern. This particular property has been a problem one for us for a number of years, in that prior to the Kates family purchase and subsequent renovations a large hedge surrounded the property. This hedge was overgrown, blocked vision at the intersection, blocked the free passage of pedestrians on sidewalks of both streets and was entirerly on City property. The removal of the hedge and the construction of a fence centainly improves the comer visibility and sidewalk use at this location. The fence, as proposed will meet all other requirements of the fence by-law. This office has no objection to the proposed fence on municipal property, however it should be pointed out that the proposed swimming pool will also be partly on City property and structures of this type should not be permitted. If it is permitted a fence having a height of 42" is required around the entire pool. Manager of By-law Services Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services OffiCE: OF rile MAYOR Dear Mayor Ted Salci, and Niagara Falls City Council Members; The Niagara Falls Ringette Junior "A" team has an ambitious season planned with the team travelling to Sweden for the Ringette World Championships this November. We hope to participate in a tournament in Finland and Sweden while we are there. We began our season in April with our tryouts and have been busy doing car washes, empty beer bottle drives, and different fundraising events to make this trip a reality. One of the players on the team has planted pumpkins and Indian corn on her family farm. We would like permission to sell our Autumn harvest stuff in the parking lot at Memorial Arena on Saturday October 2, and Sunday October 3, 2004. The 14 and 15 year old players on the team have already been out to the farm to do some weeding and also spread straw around the 12" high pumpkin plants. We would set up wherever you would like in the parking lot at Memorial Arena and would maintain a neat and tidy supervised operation. Thankyou for your consideration and we hope you can help to make this season a success and an experience that the girls will remember for the rest of their lives. Mik ette Junior Coach) 3367 Eleanor Crescent, Niagara Falls, Ontario L2J-2SI Canada Phone 905-357-3391 E-mail mikeglazier~sympatico.ca I Page I of 1 Barb Muir - Fwd: Re: Junior Ringette fundraiser From: Dean Ioffida To: Barb Muir Date: 7/6/2004 11:22 AM Subject: Fwd: Re: 3unior Ringette fundraiser Hi Mike: If you want to hold your sale both days at the NF Arena parking lot, we at the Arena do not have a problem with that. You need to, however, send a letter to council, probably to be dealt with at their July 26 meeting, requesting permission to hold this sale on City property. Address it to the Mayor and Aldermen explaining the nature of your organization, the reason for the fundraising, the dates etc. Should they be under the opinion that you require a vendors permit at that time, ! assume that they would point you in that direction. Good luck, KC >>> "Mike Glazier" <mikeglazier@sympatico.ca> 7/5/2004 8:45:03 PM >>> Hi Kevin. We would go both Saturday & Sunday at Memorial if we can't do Jack Bell. What kind of license would we need ? We are selling pumpkins! We lost our only source of revenue that we had, when the Bingo hall closed down because the city brought the Casino to town. Who would I talk to about a license ? (or do I need to do that ?) Please let me know. Thanks Mike ..... Original Message ..... From: Kevin Carr To: mikeglazier~sympatico.ca Sent: Monday, July 05, 2004 11:08 AM Subject: Re: Junior Ringette fundraiser Hey Mike: 1' discussed this issue with John Ella and he has some serious concerns about the use of the parking lot at .lack Bell/Stamford for this event. As for the NF Arena, assuming you have any licenses that may be required, this should not be a problem. As you know, the .lack Bell/Stamford lot is usually quite busy on the weekends and we would have some safety concerns if you were to hold an event like this in this area. Hopefully you will have a very successful sale at the NF Arena. If our office can be of any furthere assistance, do not hesitate to contact us. KC >>> "Mike Glazier" <mikeglazier@sympatico.ca> 7/4/2004 8:03:42 PM >>> Hi Kevin. We are taking our Junior team to Sweden this November for the Ringette World Championships. We have been doing a bunch of fundraisers all summer and were hoping to sell pumpkins & corn stalks in the parking lot at Memorial arena on Sat. October 2, 2004. Would it also be possible to sell at Jack bell parking lot on Sun. Oct. 3, 2004. Please let me know ifwe can do this. Thanks Mike Glazier ~~e://C:\D~cuments%2~and%2~Settings\Administrat~r\L~ca~%2~Settings\Temp\GW}~~~~~~H... 7/7/2004 I Blank Page 1 of 1 Dean Iorfida - Victoria Ave. & Centre St. intersection From: "Sue McDowell" <suemcdowell@fallsviewbia.com> To: "Dean Iorfida" <dion~ida@city.niagarafalls.on.ca> Date: 7/22/2004 3:54 PM Subject: Victoria Ave. & Centre St. intersection Sue McDowell Administrator Victoria Centre BIA Teh905.358.7137 Fax:905.358.5891 Dear Mayor & City Council: As you know the traffic situation at the Victoria Ave. & Clifton Hill intersection is treacherous during the peak days and has been for a long time. The VOBIA is concerned that it is a very dangerous situation as cars and pedestrians both show little regard for the signals. Cars get caught in the intersection and block it as they try to get through, pedestrians jay walk and do not follow the signals lights. This is a traffic problem caused by the delays and volume of cars trying to cross the bridge and the traffic in the city. The BIA is requesting a police officer be posted to direct traffic during the summer months on Saturdays and Sundays and on holiday weekends on Mondays as well. In our experience of the traffic problems, the officer should be present for 10 hours each of these days. In the past letters have been sent regarding this, however the situation though discussed has not been rectified. There have been concerns raised as to the costs involved in positioning an officer here. The BIA does not feel this is a problem caused by the BIA, but is the caused by the benefits this city sees in being a tourist destination. It is a city traffic problem and we are requesting that the city take charge of this by scheduling a police officer to this position. I have spoken to a representative with the police department and she will be faxing me a quote for the cost of an off duty officer for these time periods. My understanding is that the cost is approximately $55-75 per hour. We would appreciate you addressing this as quickly as possible as we are well into the season. Sincerely, Sue McDowell file://C:\Documents%20and%20Settings~dministrator\Local%20Settings\Temp\GW} 000... 7/22/2004 I Corporate Services Department CD-2004-17 lhe City of Clerk's Division Dean Iorfida Ni(3goro Foils 4310 Queen Street City Clerk ~1~~~~ P.O. Box 1023 CclnQdo Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city, niagarafalls.on.ca July 26, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-17 Filling Regional Council Vacancy RECOMM£NOATiON: For the consideration of Council. BACKGROUND: With the recent Federal election and victory of Rob Nicholson, there exists a vacancy on Regional Council. Niagara Falls has four representatives: the head of Council and three Regional Councillors, traditionally, elected at-large during the regular election. Who has the Responsibility to Fill the Vacancy? Section 263(1) of the Municipal Act, states the following regarding vacancies: If a vacancy occurs in the office of a member of council, the municipality shall, subject to this section, (a) fill the vacancy by appointing a person who has consented to accept the office if appointed; or (b) require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996. The Act does indicate that if the office of a person, who is a member of council for both the upper and lower-tier municipalities, becomes vacant then the local municipality, not the upper-tier municipality, shall fill the vacancy. Appointment by the local municipality is not contemplated in the Act if the member, representing the local municipality, sits on the upper-tier council only; Working Together to Serve Our Community Clerks Finance · Human Resoumes Information Systems Legal · Planning & Development 1 July 26, 2004 - 2 - CD-2004-17 therefore, it would be the Region's responsibility to fill the vacancy left by Rob Nicholson's successful bid for Parliament not City Council. Having stated the above, out of deference and courtesy, the Regional Council has asked for City Council's input on this matter (see attached). The decision, however, ultimately rests with Regional Council. This report will analyze the possible methods of filling the vacancy. Appointment The Regional Council can appoint anyone "who has consented to accept the office if appointed". By virtue of the aforementioned statement, City Council could put forward the name, for Regional Council's consideration, of any individual it deems appropriate. The replacement Regional Councillor does not have to be a person who contested the Regional Council seat in the last election. The individual could be a person who ran in another race or did not run at all. City Council may want to consider an individual who has past political experience and that they are confident will represent the best interests of the municipality. It should be noted, however, that some members of the public may criticize an appointment of an individual that did not go before the electorate in a general election. Some individuals, who would be qualified to sit on Regional Council, have put their names forward for consideration by Regional and City Councils (see attached). Appointment of the Runner Up Past practice, when there has been a vacancy on Municipal Council, has been to appoint the "next person in line", i.e., the candidate who was the runner-up in last general election. Similarly, this practice has been followed when there have been vacancies on Regional Council. When Niagara Falls representative Brian Merrett was elected Regional Chair, the fourth place finisher was appointed to Regional Council. The benefits of going to the runner-up are obvious: the person being appointed contested the seat that is now vacant and, therefore, campaigned and incurred expenses for the position in question. Appointing the runner-up is probably the easiest and quickest solution to filling a vacancy; however, in all the instances where the rnnner-up was selected, they had some "legitimacy" or electoral support. The number of votes the replacement councillor received was respectable and the percentage of ballots cast for the runner up was close to the percentage cast for the candidate that placed one position ahead of them (usually within four percentage points). Would the practice of choosing the runner-up be followed if the runner-up received a minuscule amount of votes? Probably not. I July 26, 2004 - 3 - CD-2004-17 (A chart has been provided with the various Niagara Falls Aldermanic and Regional Council races in which runners-up were appointed. The chart should be approached with caution. When there are many candidates in a given race, the percentage of votes is likely to be smaller than when there are only three or four candidates. Also, the number of votes cast in a ward race are substantially less than in an at-large Regional race.) Although appointing the runner-up may seem like the easiest solution, Council should be aware that when Paisley Janvary-Pool was appointed to replace Alderman Hendershot, one member of the electorate was very outspoken in questioning the legitimacy of the appointment. The individual felt that the voters had spoken and the runner-up lost and should not be appointed (Paisley Janvary-Pool lost the election by a mere 39 votes). By-Election A by-election would be the most accurate way to find out the will of the electorate. Of course, it could be argued that the electorate spoke in November. A by-election, obviously, would have costs involved. The cost of a regular municipal election is between $70,000 and $100,000. The Clerk's Division estimates that a by-election could be conducted for approximately $20,000. Although the lower-tier municipality cannot impose election costs it conducts for upper-tier councils, considering it is the Region's responsibility to fill the vacancy, they may be amenable to incurring the cost of the election. Regional staff has given some indication that they would be interested in working on an election with City staff', therefore, the writer is confident that a financial and workforce arrangement could be worked out with the Region. Also, there are many new voting methods that are available to municipalities such as intemet voting and mail-in voting. The Clerk's Division is interested in testing such new methods but would be hesitant to do so during a regular general election. If the Region passes a by-law ordering a by-election, timing may be an issue. Under the Municipal Elections Act, after the by-law is passed, "the clerk shall fix the date of nomination day, to be a day not more than 60 days after". Any individual qualified to be a candidate could put their name forward to fill the vacancy. When nominations close, there must be 45 days until election day. If Regional Council was not to make a decision on a by-election until their August 19th Council meeting, then the by-election would not take place until approximately December 6th, ifa full 60 day nomination period was set. Conventional wisdom is that voter turnout in December would be low because of the impending holidays and possible weather factors. (Please note, the Region could call a Special meeting to deal with this issue which may expedite a by-election to November or the clerk could fix a nomination date of less than 60 days after the by-law is passed.). I July 26, 2004 -4 - CD-2004-17 Could a Municipal Alderman Fill the Regional Vacancy? Only if the municipal councillor stepped down from the lower-tier council, which would cause another vacancy. Although in some jurisdictions, councillors sit on both tiers of municipal government, for this change to happen in Niagara there would have to be the approval of the so-called triple majority: Niagara Falls City Council, Regional Council and the majority of the municipal councils in the Niagara Region that make up the majority of the population. Other Options Because the decision is legally up to the Regional Council, City Council could forward a list of suitable replacements to the Region and have them vote to decide the replacement. Of course, forwarding a slate of candidates takes the decision out of the hands of the local Council. CONCLUSION: The following options are available to Niagara Falls City Council with regard to filling the Regional Council vacancy: Do nothing. The Region has the legislative responsibility to make the decision. Recommend to Regional Council that the runner-up in the last general election, Anne Angelone, be appointed to fill the vacancy. Recommend to Regional Council another individual, who is eligible to hold the office, and has consented to the appointment. Forward a slate of possible candidates to Regional Council and have them choose a replacement. Recommend a by-election to Regional Council. Recommended by: _Respectfully submitted: /~ f/John MacDonald City Clerk ~/ Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services I July 26, 2004 - 5 - CD-2004-t7 Past Electoral Races Where the Runner-Up Filled a Subsequent Vacancy For 1994 Regional Council (electing 3): Votes Percentage of Possible Votes Bill Smeaton 16,999 61.2% Brian Merrett 16,202 58.3% Peter Sobol 8,177 29.4% John Dawson 6,648 23.9% Joe Hueglin 6,448 23.2% Mary Anne Toomath-Seppala 6,062 21.8% For 1991 Region Council (electing 3): Bill Smeaton 11,980 49.4% Brian Merrett 10,007 41.3% Dick Harrington 7,619 31.4% Doug Mann 6,695 27.6% Peter Sobol 6,412 26.4% Mary Anne Toomath-Seppala 5,023 20.7% Charlie Speck 3,395 14.0% For 2000 Alderman Ward 3 (electing 2) Gary Hendershot 2179 49.4% Carolynn Ioannoni 1780 40.4% Paisley Janvary-Pool 1741 39.5% Frank De Luca 1448 32.8% For 1997 Alderman Ward 3 (electing 2) Pat Cummings 2555 63.7% Paisley Janvary 2232 55.6% Carolynn Ioannoni 1619 40.3% For 2003 Regional Council (electing 3) Rob Nicholson 18,315 62.0% Bill Smeaton 16,425 56.2% George Bailey 13,683 46.8% Anne Angelone 8,817 30.1% Doug Peck 4,146 14.2% T 07/23/04 09:10 FAX 04 NIA. REG, CoIIr~UNICATIONS ~001 NIAGARA OFFICE OF THE REGIONAL CLERK [-lI~IC~ F~ILL$ CLERF, S'04 07~3 The Regional Municipality of Niagara 2201 St David's Road, P.O. l~ox 1042 Thorold, Ontario L2V 4T7 Telephone: 905-685-1571 Fax: 905-687-4977 E-mail: pam.gilroy@reglonal.niagara.on.ca July 23, 2004 Mr. Dean Iorfida, Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 By e-mail, July 23, 2004 Original by Regional Courier Dear Mr. Iorfida: Resolution from Regional Council Method of Filling Vacant Seat Our File: C.02.0009' We wish to advise that the Council of the Regional Municipality of Niagara, at its meeting of Thursday, July 22, 2004, passed the following motion: Whereas Rob Nicholson was elected on June 28, 2004, as a federal member of parliament representing the riding of Niagara Falls, and Whereas Regional Council must declare his seat vacant at its next meeting, which is this date, Thursday, July 22, 2004. Therefore be it resolved that the seat held by Rob Nicholson, Councillor for the City of Niagara Falls, be declared vacant. Regional Council subsequently passed the following motion: :. - Whereas Regional Council has declared the seat of Rob Nicholson, Councillor for the City of Niagara Falls, as vacant, and Whereas Regional Council must fill the vacant seat by either appointing a ._.~ person who has consented to accept the office if appointed or, require a by- election to be held to fill the vacancy, and Whereas, in the spirit of collegiality, Council would like the advice of the .,;i. Council of the City of Niagara Falls as to their preferred method of filling the vacancy, before it makes a decision. Therefore be it resolved that the Council of the City of Niagara Falls be requested to advice this Council of its preferred method of filling the vacancy on Regional Council. [ o7/2~/04 o9;10 FAX 04 NIA, REG, COMMIJNICATIONS ~002 Le~ertoD. Ioffida July23,2004 Page 2 We understand that your City Council meets on Monday, July 26, 2004, and would appreciate consideration of Regional Council's request at that meeting. Your Council's response will be provided to Regional Council at its next meeting on August 19, 2004. Thank you for your assistance in this regard. Yours truly Para Gilroy (./ Acting Regional Clerk )(I~G. FP~LLS CLERKS '04 0719 Mayor Salci and Member of Municipal council Richard (Dick) Harrington City of Niagara Falls 5-5435 River road 4310 Queen Street Niagara Falls, Ontario Niagara Falls, Ontario L2E 3H 1 L2E 2L1 tel-905-358-8553 July 16, 2004 dickharfington~hotmail.com Dear Mr. Mayor and Members of Council, I understand that there may be a selection made for a member of Niagara Regional Council to represent the City of Niagara Falls. The possibility exists that you, as council members, may be asked to make that decision. If that happens to me the case, please consider this an application for that position. I feel that, consider/rig my background in this community. I am qualified for this position... Elected to municipal council- 1985-1988- served on thirteen committees of council Elected to Niagara Regional Council- 1989-1992- served on several major committees- including Community and Health services, Family and Children Services, Aids Niagara, Niagara Peninsula Conservation Authority and the Greater Niagara General Hospital. Twenty - Five years of volunteer service to this community- ranging from coaching ( seven sports), to St. Andrew's United Church council, to the NDP, to Big Brothers, to Environmental organizations, to the Optimist Track & Field Club, to the YWCA. While on Niagara Regional Council, I feel that I earned a reputation for due deligence and hard work and for the ability to work co-operatively with people from ail walks of life. It was rewarding for me to hear that Regional councillors from other communities were encouraging me to run again in past elections. It was doubly encouraging to hear that our former Regional Chair was requesting that I again run. I feel that, even though I would obviously have my first loyalties to the City of Niagara Falls, that it is important to work for the best interests of all constituents in the Niagara Region. It should be noted that, unlike some applicants that you may encounter, I have always been a supporter of Regional Government. In closing, it is obvious that this city would benefit by stronger representation at the Region. I pledge to be outspoken, deligent and attentive to the needs of our citizens at the Regional level. Thank you Richard (Dick) Harrington I Corporate Services Department F-2004-47 Finance Division Kenneth E. Burden 4310 Queen Street Director The City of ~1~ P.O. Box 1023 Nm°r° ~o,,slJ b Niagara Falls. ON L2E 6X5 CCln~~ web site: www.city.niagarafalls.on.ca Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca July 26, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-47 - Low-Income Senior's Water Rebate RECOMMENDATION: For the information of City Council. BACKGROUND: In the determination of the 2004 Municipal Utility Budget, City Council approved the Low-Income Seniors' Water Rebate for the 2004 year. This rebate provides qualifying seniors a rebate of $100. City staff is now prepared to take applications from seniors that may qualify. Applications are available in the Finance Department as well as Niagara Falls Hydro. The City will be notifying the general public through an information card in the upcoming water and sewer bills, as well as through newspaper advertising. Prepared by: Approved by: T. Harrison T. Ravenda Manager of Revenue Executive Director of Corporate Services Recommended by: Respectfully submitted: K.E. Burden John MacD Director of Finance ministrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal · Planning & Development I Community Services Department BBS-2004-05 The City of Building & By-Law Services John Castrilli, CET, CSCO Niogoro FoIIs~I1 4310 Queen Street Director P.O. Box 1023 Canodo .~ Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 374-7500 E-maih jcastrilli@city.niagarafalls.on.ca July 26, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: BBS-2004-05 Indexing of City Development Charges RECOMMENDATION: That this Report be received for the information of Council. BACKGROUND: On July 12, 1999 Council enacted By-law 99-144 which established a new schedule of development charges, commencing on August 2, 1999. Section 18(a) of the above By-law stipulates that the charges shall be indexed annually, on August 1, thereafter without further amendment to the By-law in accordance with the StatsCan Quarterly Construction Price Statistics Catalogue and this has been applied each year since 1999. The above index has increased by 4.4% from 2003 to 2004 and the City Development Charges have been adjusted accordingly and are shown in the attached table. /?John MacDonald / ~ of Building & By-Law Services ~/ Chief Administrative [Officer Attach Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services N,agara FaLls JJ~,~' CITY DEVELOPMENT CHARGES 2004-2005 City Development Charges are indexed in accordance with the Statistics Canada Quarterly Construction Price Index, which has increased by 4.4%. Accordingly the charges will be increased by this amount, effective August 1, 2004 and will be as follows: Residential Single detached dwelling and semi-detached dwelling: Within the urban area $6,693.00 per unit Within the non-urban area $3,747.00 per unit Townhouse dwelling $5,635.00 per unit Bachelor or one bedroom apartment dwelling $2,744.00 per unit Two or more bedroom apartment dwelling $4,433.00 per unit Commercial Urban Area - Tourist Core: $40.00 per square metre of gross floor area ($3.72 per sq. ft.) Urban Area - Excluding Tourist Core: $15.87 per square metre of gross floor area ($1.47 per sq. ft) Non-Urban Area: $11.34 per square metre of gross floor area ($1.05 per sq. ft.) Industrial Industrial Development Charges were abolished in November 2001. NOTES: For complete details, refer to By-law 99-144, as amended For map of the Urban & Non-Urban areas, refer to Schedule "B" of the By-law. For map of the Core Tourist Area, refer to Schedule "C" of the By-law. For list of Commercial uses, refer to Schedule "D" of the By-law. July 2004 I Corporate Services Department CD-2004-t6 The City of ~i~ Clerk's Division Dean Iorfida · 4310 Queen Street City Clerk N~agara FallsJJ~e'4_ ~ _ 1023 ~l I.g. ~ox Can~~Niagara Falls, ON L2E 6X5 ~-I~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca July 26, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-16 Special Occasion Permit First Niagara Oldtimers RECOMMENDATION: That Council indicate it has no objection to thc issuance of a Special Occasion Permit to the organization listed in this report. BACKGROUND: An application in the required form has been submitted by the following organization and has been reviewed and approved by the Building & By-law Services, Parks Recreation & Culture, and Fire Services, and Council concurrence with the recommendation is requested. ORGANIZATION/EVENT DATE LOCATION First Niagara Oldtimers August 6 to 8, 2004 Houck Park September 9 to 12, 2004 Oakes Park Recommended by: Respectfully subm. itted:/ City Clerk fN~cS~t~ e r Approved by: T. Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerks Finance · Human Resources Information Systems Legal · Planning & Development I Corporate Services Department F-2004-46 The CI of '~"' Finance Division Kenneth E. Burden 'ty #~1~ 4310 Queen Street Director NiagaraFa,sllJ4¢. P.o. Box 023 Canada ~~' Niagara Falls, ON L2E 6X5 ~,~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-maih kburden@city.niagarafalls.on.ca July 26, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-46 - Final Tax Notice Due Dates for Accounts with Commercial, Industrial, and Multi-Residential Assessments RECOMMENDATION: That the final property tax bills for the Commercial, Industrial, and Multi-Residential Assessment Classes have payment due dates of August 31, 2004 and October 20, 2004. That the changes made by the Province to the Education Rate for the Industrial Class, be approved. BACKGROUND: At the time that the due dates were set for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes, staff indicated that recommendations for the Final Due Dates for the Commercial, Industrial and Multi-Residential Assessment Classes would be forthcoming once the capping calculations had been completed under Bill 140. As these calculations have now been received, staff is recommending tax bills be prepared and provided to property owners in these Classes during August with payment due dates set for August 31, 2004 and October 20, 2004. The Provincial Government is provided the responsibility for establishing the annual education rates charged property owners. In the time since the establishment of the City's 2004 property tax rates, the Province has elected to reduce education rates for properties in the Industrial class. As a result, a new by-law repealing By-law 2004-104 is being presented tonight for Council's approval. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development I July 26, 2004 - 2 - F-2004-46 Prepared by: Respectfully submitted: T. Harrison /' John MacDonald Manager of Revenue [~, Chief Administrative Officer Recommended by: K.E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services I Corporate Services Department HR-2004-04 · ~-,.~ Human Resources Tony Ravenda The C~ty of jr~'~ll/ 4310 Queen Street Executive Director Niagara FallsJJ~,~lllr P.O. Box 1023 Canada __.~' Niagara Falls, ON . L2E. 6X5 Jl~ web site: www.clty.nlagarafalls.on.ca Tel.: (g05) 356-7521 Fax: (g05) 356-7404 E-mail: travenda~city.niagarafaJls.on.ca July 26, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: 1:IR-2004-04; Employment of Relatives Policy RECOMMENDATION: That Council endorse the attached policy regarding Employment of Relatives of Employees or Elected Officials. BACKGROUND: Section 270 of the Municipal Act, 2001, c.25 states that before January 1, 2005, a municipality shall adopt policies with respect to the hiring o fits employees, including policies with respect to the hiring of relatives of a member of council and of existing employees of the municipality. The City of Niagara Falls has an existing Employment Policy No. 400.21, however, the hiring of relatives is not part of that policy. Therefore, Human Resources recommends the attached policy in order to comply with the Municipal Act concerning employment of relatives. P~l~ared by: /3Respectfully submitted~ Brenda Maggs J / // John MacDonald Manager of Corporate Administration // Chief Administrative Officer Recommended & Approved by: Tony Ravenda Executive Director of Corporate Services Att. Working Together to Serve Our Community Clerks Finance · Human Resources Information Systems · Legal Planning & Development I DRAFT Corporate Services Date Effected June 2004 Employment of Relatives Human Resources Last Revised of Employees or Elected Officials SECTION 400.33 PURPOSE The City of Niagara Falls will not favour nor inhibit the hiring of relatives. All candidates will be given equal opportunity for employment based on qualifications, skill and work experience, regardless of relationship to either an employee or member of Council. GENERAL The City of Niagara Falls will not tolerate acts of favouritism or discrimination in the selection process. Elected officials, appointed officers or employees shall not attempt to influence the hiring of any applicant in a manner that is inconsistem with this policy. Individuals in a supervisory capacity shall not directly or indirectly supervise a relative nor shall they be involved in the selection process. ! Corporate Services Department L-2004-35 The City of jl~ll~ Legal Services R.O. Kallio FOiiS,.~ 4310 Queen Street City Solicitor Niagara P.O. Box 1023 Canada.,,~,~/~ Niagara Fails, ON L2E 6X5 ~11~~' - [~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca July 26, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Fails, Ontario Members: Re: L-2004-35 Nicola and Esther Golia Permanently Closing Part of road allowance (unopened) now known as Part 2 on Draft Reference Plan Our File No. 2004-176 RECOMMENDATION: 1. That Staff be authorized to commence proceedings to permanently close part of a road ailowance that is unopened between Township Lots 18 and 23, now known as Part 2 on draft Reference Plan, located east of Stanley Avenue and west of Portage and Thompson Road (the "subject lands"), shown hatched on Schedule "A" attached to this report. 2. That this will constitute notice that at its meeting to be held on the 16th day of August, 2004 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 7:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider a by-law to authorize the permanent closing of part of unopened road ailowance between Township Lots 18 and 23. The contact person is the writer of this report. 3. That delivery and filing of the Statement of Objection by staff be confirmed. BACKGROUND: In 1813 a road allowance was laid out between Township Lots 18 and 23. A portion of the said road allowance became Thompson Road which lies east of Portage Road and a portion of the road allowance is the subject lands. Stanley Avenue is an original road allowance and Portage Road is Working Together to Serve Our Community Clerks Finance · Human Resources Information Systems · Legal Planning & Development 1 July 26, 2004 -2- L-2004-35 a forced Road through the Township of Stamford. In the construction of these roads the subject lands were created. No road was ever constructed on the subject lands as it was not required in the construction of either Stanley Avenue or Portage Road. The subject lands remain unconstructed, unopened and is now included in the description of the lands owned by Nicola Golia and Esther Golia ("abutting owners"), and is reflected in the PIN with a notation that the subject lands are subject to an interest that the City has. The subject lands have never been closed by By-law or conveyed to the abutting owners. A Notice of Application for Absolute Title was received by Brandon Boone, solicitor for the abutting owners. As there was a deadline for filing objections, and as the City owns the subject lands and same are under the jurisdiction of the City, a Statement of Objection was delivered to Mr. Boone. Staff has no objections to permanently closing the subject lands by way of a By-law. Staffisnow recommending that the subject lands be permanently closed and offered for sale to the abutting owners. Once an appraisal and Offer to Purchase has been obtained a further report will be submitted for Council's further recommendations. Pre'er~,d by: Respectfully submitted: ~ /--~ ~ ///John MacDonald Mary _.N~rr. one Law Clerk {j/ Chief Administrative Officer ., dby: ~[~y Kallio City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services MM/lb attachs. I PART OF TOWNSHIP LOTS 18 & 23 .~: :oc~o. .,,,.o PART OF THE ROAD ALLOWANCE BETWEEN P.,~ or LOT No. TOWNSHIP LOTS 18 & 23 ~ TOWNSHIP OF ST~FORD ( IN ~E GE~HIC TOWNSHIP OF ST~FORD, COUN~ OF WEL~D ) P~T OF THE RO~ ALLOWANCE ~EEN CI~ OF NIAGA~ FALLS 2 TOWNSHIP LOTS 18 A 23 RE610~ MUNICIP~ OF N~ P~ OF LOT No. 23 SCALE 1 : 1000 M~RIC 3 , TOWNSHIP OF ~FORD f~ I J (1257) z S J ~ ~ PiN 64269-0~7 (LT) ~l PArt 1 '-- ~ ~ 1.0 O.t~'5'~ PIN 64269-00~ (LT) Ch~d THOMPSON ROAD ~4 ~oms .~.c~ .m , The City of Niagara Falls, Ontario Council Chambers No. July 26, 2004 Moved by Alderman Seconded by Alderman WHEREAS Noise Control By-law No. 2004-105 was passed by Council on May 31, 2004; AND WHEREAS Council directed that short form wording and set fines be adopted for the said Noise By-law; AND WHEREAS it is in order for Council to adopt such short form wording and set fines; THEREFORE be it resolved that short form wordings and set fines for offences under the Noise By-law attached hereto as Schedule "A" be adopted; AND FURTHER that Schedule "A" be sent to the Chief Judge of the Ontario Court of Justice for approval; AND FURTHER that the City Solicitor be authorized to make such amendments to Schedule "A" as may be required to have the said Schedule "A' approved by the Chief Judge of the Ontario Court of Justice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R.T. (TED) SALCI CITY CLERK MAYOR '1 SCHEDULE "A" The Corporation o£the City o£Niagara Falls Part I o£the Provincial Offences.,let, Set Fine Schedule By-Law No. 2004-105, Noise Control Item COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Set Fine (Proposed) Defming Offence 1. Make noise likely to disturb the inhabitants section 2 $205.00 2. Make vibration likely to disturb the inhabitants section 2 $205.00 3. Specific Prohibition- revving of an engine or motor section 3, schedule 2, para. 1 $105.00 4. Specific Prohibition- squealing of motor vehicle tires section 3, schedule 2, para. 2 $105.00 5. Specific Prohibition- operate without effective exhaust section 3, schedule 2, para. 3 $105.00 6. Specific Prohibition- operate without effective muffling device section 3, schedule 2, para. 3 $105.00 7. Specific Prohibition- operate motor vehicle resulting in sounds due to improperly-secured loads section 3, schedule 2, para. 4 $105.00 8. Specific Prohibition- operate motor vehicle horn where not required section 3, schedule 2, para. 5 $105.00 9. Time and Activity Prohibition- persistent barking, whining or calling by animal section 3, schedule 3, para. 1 $105.00 Note: The general penalty provision for the offences listed above is section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33 The Corporation of the City of Niagara Falls Part I of the Provincial Offences Act, Set Fine Schedule By-Law No. 2004-105, Noise Control Item COLUMN I COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Set Fine (Proposed) De f'ming Offence 10. Time and Activity Prohibition- Persistent yelling, shouting, screaming, whistling, hooting or singing section 3, schedule 3, para. 2 $105.00 11. Time and Activity Prohibition- activation security alarm in excess five minutes section 3, schedule 3, para. 3 $105.00 12. Time and Activity Prohibition- operate construction equipment section 3, schedule 3, para. 4 $205.00 i 13. Time and Activity Prohibition- operate power device for domestic purposes section 3, schedule 3, para. 5 $105.00 14. Time and Activity Prohibition- operate non-power device for domestic purposes section 3, schedule 3, para. 5 $105.00 15. Time and Activity Prohibition- operate refuse or refuse-compacting equipment section 3, schedule 3, para. 6 $205.00 16. Time and Activity Prohibition- operate ~ motor in toy or model section 3, schedule 3, para. 7 $105.00 Note: The general penalty provision for the offences listed above is section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33 The Corporation of the City of Niagara Falls Part I of the Provincial Offences Act, Set Fine Schedule By-Law No. 2004-105, Noise Control Item COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Set Fine (Proposed) De fining Offence 17. Time and Activity Prohibition- vehicle repairs section 3, schedule 3, para. 8 $105.00 18. Time and Activity Prohibition- loading, unloading matetials section 3, schedule 3, para. 9 $205.00 19. Time and Activity Prohibition- use of electronic device for amplification of sound section 3, schedule 3, para. 10 $205.00 20. Time and Activity Prohibition- playing of music section 3, schedule 3, para. 11 $205.00 Note: The general penalty provision for the offences listed above is section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33 The City of Niagara Falls, Ontario Council Chambers No. July 26, 2004 Moved by Alderman Seconded by Alderman WHEREAS Subsection 291(1) of The Municipal Act, 2001 provides that where a budget of a municipality is to be amended, the municipality shall give public notice of its intention to amend the budget at a Council meeting specified in the notice; AND WHEREAS Council wishes to give public notice of its intention to amend the budget; NOW THEREFORE BE IT RESOLVED THAT: (a) Council intends to amend its 2004 budget and will consider the amendment on Monday, August 16, 2004 at 7:00 p.m. at the Council Chambers, City Hall, 4310 Queen Street, Niagara Falls, Ontario; (b) The purpose of the public meeting is to consider an amendment to the approved 2004 budget and the said proposed amendment will be discussed and considered at that time; (c) Should anyone require more information, they may contact Mr. Ken Burden, Director of Finance, regarding the proposed public meeting; and (d) This Resolution shall constitute notice to the public o£ Council's intention to amend the budget. AND The Seal of the Corporation be hereto affixed. DEAN IOREIDA R.T. (TED) SALCI CITY CLERK MAYOR | I !