2004/11/15
COUNCIL MEETING
Monday, November 15, 2004
Order of Business
and Agenda Package
mhe CI1y Of
NIø(iJa~aFaU$
C~R~d,
COUNCIL MEETING
November 15. 2004
PRAYER: Alderman Joyce Morocco
0 CANADA: Emily Wilton and Leanne Piller, Grade 12 students at AN. Myer Secondary
School, will sing the National Anthem.
ADOPTION OF MINUTES: Council Minutes of November 1, 2004.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
DEPUTATIONS
Schedule permitting, Kim Craitor, our Member of Provincial Parliament will provide
an update to members of Council.
Mavor's Youth Advisory Committee
Jessica Panetta, Chair of the Mayor's Youth Advisory Committee will introduce
the New Committee to members of Council, outline their work plan for the year and request
that November 20th, 2004 be proclaimed "National Child Day".
The Reaional MuniciDalitv of Niaaara
Bob Steele, Project Coordinator, Niagara Water Quality Protection Strategy
(NWQPS) will make a presentation on "The Completed Strategy".
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ITEM NO. 57
ITEM NO. 58
ITEM NO. 59
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PLANNING MATTERS
Public Meeting
Official Plan & Zoning By-law Amendment Application
AM-42/2004, Southwest corner of McLeod Road and Alex Avenue
Applicant: TAGC Holdings
Agent: Michael Allen, Architect
Proposed Hotel and Retail/Office/Restaurant Development
Background Material:
Recommendation Report: PD-2004-104
-AND-
Correspondence from Douglas & Susan Hicks
Correspondence from David Warriner
Correspondence from Robin Morse
Petition headed by Mary & John Rigon
Correspondence from Stephen Porter
Correspondence from Glen and Sharon Dow
Correspondence from Christine and George Teal
Public Meeting
Zoning By-law Amendment Application
AM-46/2004, 9304 McLeod Road
Applicant: Ralph Terrio
Agent: Wayne Thomson
Proposed Animal Shelter
Background Material:
Recommendation Report: PD-2004-102
-AND-
Correspondence from Regional Niagara, Planning &
Development Department
Correspondence from the Niagara Falls Humane Society
Public Meeting
Zoning By-law Amendment Application
Draft Plan of Subdivision
AM-40/2004, Futino Estates
Owner: Evergreen Estates Development Ltd.
- 3 -
Background Material:
Recommendation Report: PD-2004-108
ITEM NO. 60
Public Meeting
Zoning By-law Amendment Application
AM-20/2004, Garner Village
Owner: 456941 Ontario Ltd. (Silvestri Investments)
Background Material:
Recommendation Report: PD-2004-107
-AND-
Correspondence from Jad & Marian Narbutt
ITEM NO. 61
Public Meeting
Zoning By-law Amendment Application
AM-47/2004, 6754 & 6788 Thorold Stone Road
Applicant: 1184568 Ontario Limited
Proposed Increase in Size of Commercial Units
Background Material:
Recommendation Report: PD-2004-103
-AND-
Correspondence from Debbie Barnes
Correspondence from Frank Kostelac & Lilla Kostelac
Correspondence from Regional Niagara, Planning and
Development Department
Correspondence from Angelina Gualtieri
Correspondence from Joseph Tonnos & Associates Inc.
Correspondence from Mohamed Naseem
MISCELLANEOUS PLANNING MATTERS
1.
Chief Administrative Officer
PD-2004-110, Zoning By-law Amendment
Application AM-25/2003 (Revised), 5950 Victoria
Avenue, Applicant: Niagara 21st Group Inc.,
Agent: Italia Gilberti, Solicitor; Proposed 30
Storey Hotel
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- 5 -
3.
MW-204-163. Winter Sand (2004) Season - Regional Tender 2004-T-28;
4.
MW-2004-164, Tender 24-2004; Water Meter Installations;
5.
MW-2004-165, Rental of Snow Removal Equipment; Tender #25-2004;
6.
MW-2004-166, 2005 Flow Monitor Purchase;
7.
MW-2004-167, Demolition, 5065, 5077, 5087 and 5109 Dorchester Road;
8.
MW-2004-173, Tender #30-2004, New Equipment Purchase of Tractor & Diesel Pickup;
9.
R-2004-72, The Park in the City; Revised Terms of Reference;
10.
R-2004-74, C.B. Wright Park Creative Playspace Proposal.
RESOLUTIONS
That on December 11, 2004, parking on all on-street meters, pay and display machines and in all
daily municipal parking lots will be free; and further, that on December 11, 2004, the fee for the
Public Skating times (Hours: 2:15 p.m. - 3:45 p.m.) At the Niagara Falls Memorial Arena be $1.00.
BY-LAW REGARDING OFFER TO PURCHASE
His Worship Mayor Salci will request whether there is anyone present that has an
interest in the offer to purchase.
2004-204
To authorize the execution of an Offer to Purchase from A & T Roberto Ltd.
To The Corporation of the City of Niagara Falls respecting the purchase of
lands being the road allowance between Township Lots 13 &n 14 in Stamford;
part of road allowance between Township Lots 7 & 8 in Stamford; part of road
allowance between Township Lots 27 & 28 Stamford, between the QEW and
Mountain Road, Niagara Falls.
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-laws
listed for Council consideration.
2004-205
To amend By-law 2004-119, being a by-law to provide for citizen
appointments to certain Boards, Commissions and Committees.
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2004-206
2004-207
2004-208
2004-209
2004-210
2004-211
- 6 -
To authorize the execution of a Letter of Agreement with the Ministry of
Transportation respecting the use of dedicated gas tax funds by the City for
public transportation.
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.
To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads (Stop Signs at Intersections)
(HANDOUT) To amend By-law No. 79-200, to permit larger floor areas for
one or more of the following uses: bake shop, bank, trust company, credit
union, currency exchange, clinic, office, personal service shop, retail store
and service shop. (Re: AM-47/2004, 6754-6788 Thorold Stone Road)
(HANDOUT) To amend By-law No. 79-200, to permit the development of a
hotel and a dinner theatre (Re: AM-26/2004, 5781 Ellen Avenue)
To adopt, ratify and confirm the actions of City Council at its meeting held on
the 15th day of November, 2004.
NEW BUSINESS
Community Services Department
Parks, Recreation & Culture
Inter-De artmental Memorandum
To:
Mayor Ted Saki and Members of Council
November IS, 2004
From:
Lori-Lyn Albanese
Community Development Coordinator
Extension 4330
Subject:
Mayor's Youth Advisory Committee 2004 - 2005
This year, the Mayor's Youth Advisory Committee is comprised of23 students, representing youth
from the five Niagara Falls High Schools. Also on the Committee are: Mayor Ted Said and
Alderman Carolynn Ioannoni, Sergeant Edd Typer from the Niagara Regional Police Service,
representatives from the YMCA, The Boys and Girls Club of Niagara and a City staffliaison.
The Committee has developed an ambitious Work Plan for the 2004 - 2005 School Year. The Work
Plan is attached and highlights this year's events and activities.
The Mayor's Youth Advisory Committee wishes to extend a welcome to the Mayor and Alderman
to all their events and activities.
Attachment
cc. Adele Kon
2004-2005 Work Plan
Adopt-A-Street Program - Morrison St. from Stanley Ave.to Portage Rd.
Niagara Falls Public Library Website - Teen Link Evaluation
Santa Claus Parade & National Child Day - Saturday, November 20, 2004
City Centennial Photo by the Falls - Wednesday, November 24, 2004
Christmas Carolling at Senior's Home - Wednesday, December 8, 2004
6:30 p.m. - 7:30 p.m. at Lundy's Lane Manor
City Centennial Celebration - Saturday, December 11, 2004
Grand Opening of the Skate Park - date to be announced
'The Show' .....details to be announced
Friday, January 21, 2005,7:00 p.m. - 10:00 p.m., The Optimist Club
Art Show - March 2005, location to be announced
'Youth Forum 2005' with approximately 150 students for discussion
Thursday, April 7, 2005,8:30 a.m. - 1:00 p.m., The Optimist Club
'Battle of the Bands 2005'
Thursday, May 12, 2005, 7:00 p.m. - 10;00 p.m., The Optimist Club
Regional
NIAGARA
-PUBLIC WORKS DEPARTMENT
WATER & WASTEWATER SERVICES DIVISION
The Regional Municipality of Niagara
3501 Schmon Parkway, P.O. Box 1042
Thorold, Ontario
L2V 4T7
October 27, 2004
Mr. Dean Iorfida
Clerk's Department
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Iorfida:
Niagara Water Quality Protection Strategy
Presentation to Council, November 15, 2004
File: 0.01.13 99 30207
As per your request, please find attached the handouts for the Niagara Water Quality Protection
Strategy (NWQPS) Presentation to Council of November 15, 2004. Also attached are copies of
the NWQPS Water for Life in Niagara booklet to be distributed as well. Any extras that remain
can be put in a display rack for distribution to the interested public.
Thank you,
CtL6~ C--~
Alison Sivers
Water Strategy Assistant
905-685-4225 ext. 3743
Attachments
Phone: 1905) 685-1571
1-800-263-7215
Fax: 1905) 685-5205
Website: www.regional.niagara.on.ca
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Corporate Services Department
PD.2004.104
Doug Darbyson
Director
November 15, 2004
His Worship Mayor Ted Sa1ci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2004-104, Official Plan & Zoning By-law Amendment Application
AM-42/2004, Southwest Corner of McLeod Road and Alex Avenue
Applicant: T AGC Holdings
Agent: Michael Allen, Architect
Proposed Hotel and RetaillOffice/Restaurant Development
RECOMMENDATION:
It is recommended that Council approve:
1)
an amendment to the Official Plan to change the designation of the lands on the southwest
corner of McLeod Road and Alex Avenue ITom Residential to Minor Commercial and to place
a Special Policy Area designation on the land to specifically control the proposed development;
2)
the requested ameudment to the Zoning By-law to change the zoning ofthe subject land to two
site specific General Commercial (GC) zones in order to:
(a)
limit the development of the east portion of the land for a hotel only, pennit the hotel
to have a building height of 16 metres (53 feet) and exempt the hotel ITom having to
provide a restaurant;
(b)
limit the development of the west portion of the land to 2,576 square metres (27,732
square feet) of retaillofficelrestaurant space with a holding (H) provision requiring the
completion of a market need and justification report prior to construction and to limit
the height of the development to two storeys.
Working Together to Serve Our Community
Clerks' Finance' Human Resources. information Systems' Legal' Planning & Development
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November 15, 2004
.2-
PD-2004-104
BACKGROUND:
The subject 1.9 hectares (4.7 acres) of vacant land are located on the southwest corner of McLeod
Road and Alex Avenue, as shown on Schedule I. The applicant has requested an amendment to the
Official Plan and Zoning By-law to permit the development of a four-storey, I38-room hotel on the
east portion and 2,576 square metres (27,732 square feet) of retail/office/restaurant floor space on the
west portion. The amendment is to take place in two phases with the hotel being built first, followed
by the commercial floor space. Details are shown on Schedule 2.
The land is currently designated Residential in the Official Plan and zoned a site specific Residential
Low Density, Grouped Multiple Dwelling (R4-352) zone. Special Provision 352 permits the
development of 80 townhouse units. The applicant proposes to change the Official Plan designation
to Minor Commercial. A corresponding zone change to two site specific General Commercial (GC)
zones also has been requested to permit the easterly portion of the land to be developed for a hotel only
without a restaurant and to increase its building height from 12 metres (40 feet) to 16 metres (53 feet).
A separate GC zone is requested for the west portion of the land to permit the retail/offices/restaurant
development.
Surrounding Land Uses
Lands to the north are primarily residential. Some properties are also vacant. To the east are tourist
commercial vacant lands. Single detached dwellings of the Drummond Park Village subdivision are
found to the east and south of the site. Commercial land uses are located to the west.
Circulation Comments
Information regarding the application was circulated to City departments, government agencies and
the public for comment.
Municipal Works
Transportation Planning -
Traffic signal warrants for the intersection of McLeod
Road and Alex Avenue are not yet 50% fulfilled. The
Region is in the process of preparing Terms of
Reference for a study of McLeod Road from Stanley
Avenue to the QEW to determine short and long-term
improvements. The applicant is required to complete
their own traffic impact study to be incorporated in the
Region's study as a condition of site plan approval. The
study is to determine impacts on the surrounding road
system and recommend mitigation. Staff will discuss
the details of the scope and study area with the
applicant's consultant.
Infrastructure
A 1.0 foot reserve exists along Alex Avenue frontage.
The reserve will have to be removed to permit access
onto Alex Avenue.
The applicant will have to pay for the construction of a
sidewalk along McLeod Road, less previous
contributions paid to the City.
November 15, 2004
.3.
PD.2004-104
Parks, Recreation & Culture
No objections
Fire Services
No objections
Planning Analysis
1.
Requests to amend the Official Plan are to be assessed on several criteria.
(a) The Couformity of the Proposal to the General Objectives ofthe Plan
The subject land is currently designated Residential in the Official Plan. Residential lands
are to be predominantly used for the provision of housing of various types. There is also
to be a sufficient supply of Residential land to accommodate the anticipated population
growth. The Housing Strategy of the Plan requires a minimum JO-year supply of
Residential land at all times and a three-year supply of lots be registered and/or draft
approved plans in order to account for variations in housing demand. The 2003 Housing
Monitoring Report states that the city has a 20-year supply of raw residential land and a 5-6
year supply oflots within registered and draft approved plans of subdivision. As such, the
removal of the subject lands from the Residential land inventory will not adversely affect
the land supply. Moreover, as virtually all of the lands on the north side of McLeod Road
east of Drummond Road through to the Hydro corridor west of Stanley Avenue are zoned
for multiple-unit residential development, the supply ofland for multiple dwellings in the
immediate area will not be significantly reduced.
The applicant proposes to change the designation ofthe land to Minor Commercial. The
retail/restaurant/office portion of the proposal will serve to extend the Drummond
RoadlMcLeod Minor Commercial node geographically and will act as a link between the
lands of the same designation to the east and west creating a larger, more significant node.
This component will add to the range and number of commercial uses existing and may
serve to improve its vitality. As the easterly portion is to be utilized for a hotel only, it is
recommended that the request to redesignate the land Minor Commercial be modified to
include a Special Policy Area notation that pennits the hotel only.
(b) Suitability of the Site for the Proposed Use especially in Relation to Other Sites or
Areas of the City
The subject land is located on the southwest corner of McLeod Road and Alex Avenue. The
applicant's solicitor has provided comments to the effect that the site is suitable for the
proposed development because of its proximity to the Fallsview Casino and the Fallsview
Tourist Subdistrict. The land is also suitable for residential development given its location
at the northern periphery ofthe Drummond Park Village subdivision. The land's suitability
for either commercial or residential uses is evidenced by the fact that the designation has
changed between commercial and residential four times since the late 1970s.
(c) Compatibility oftheProposed Use with AdjaceutLand Use Designations and Natural
Resources
As noted above, adjacent land uses are single detached houses to the south and commercial
to the west. Lands north and east of the site are vacant or underutilized but are designated
Residential and Minor Commercial, respectively. Land use compatibility issues arise with
the juxtaposition of dissimilar uses. In this case, the most problematic interface will be with
the abutting singles to the south and, to a lesser extent, the future residential developments
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November 15, 2004
-4 -
PD.2004-104
opposite on McLeod Road. A previous application (file no. AM-3612002) proposed a 250
unit hotel complex which met with significant resident opposition. This application was
denied by Council due to concerns expressed with respect to traffic impacts, building height
and setbacks, noise, lighting and odour (the latter from garbage).
According to the applicant's architect the cuITent proposal has been discussed with the
abutting residential property owners. Staff have been advised that the site plan shown on
Schedule 2 has been designed to address the resident's concerns. Landscaping has been
provided along the south property line to a depth of 8.8 metres (29 feet) to 11 metres (36
feet) to protect the residential area. As well, the retail plaza has been set back 19 metres (63
feet) and the hotel 45 metres (148 feet) from the south property line to separate commercial
from residential land use. In order to address concerns respecting building height, the
Special Policy Area designation has been introduced to specifically limit the hotel to four
storeys. If there is a proposal for any further increase in height, an Official Plan amendment
would be required. With respect to traffic concerns, a traffic impact study is required to be
undertaken by the applicant to detennine the impact on surrounding roads. This will include
a detennination of the need for turning lanes, traffic signals and the location of driveway
access.
(d) The Need and Market Feasibility of the Proposed Use
The request to change the designation of the subject land to Minor Commercial represents
an expansion to the McLeod/Drummond Minor Commercial node. The Official Plan does
not contemplate any expansions to existing districts. When requests are made to expand a
district, the applicant has to provide a market analysis to illustrate that there is sufficient
need for the proposed development. Market studies are not required for hotels. As the
applicant has not provided a market analysis for the retail/restaurant/office phase of the
development, a holding (H) provision is being recommended to be attached to the zoning
which will be lifted once a satisfactory market study has been submitted.
(e) The Availability of Adequate Municipal Services and Facilities for the Proposed Use
and its Impact on the Transportation System, Community Facilities and the Natural
Environment
Comments received from Municipal Works state that a traffic impact study will be required
as a condition of site plan approval. This study is to assess the impact of the development
on the suITounding road network. A sidewalk will also have to be extended along the
McLeod Road frontage at the cost of the applicant less anything that has been previously
contributed. The subject land is extensively treed. As part of the site plan approval, the
applicant should have a landscape architect or arborist undertake a complete inventory of
the existing trees. The site design should then be manipulated in order to save significant
trees.
2.
The proposed amendments are appropriate.
Based on the above, the proposed Official Plan amendment (OP A) is appropriate. The OP A will
change the designation to Minor Commercial with a special exception to limit the use of the
easterly portion of the land to a hotel and to pennit a maximum building height of four storeys.
The Special Policy Area will also require the submission of a market analysis prior to the
removal of a holding (H) provision. In this manner, the development of the land will be
controlled.
November 15, 2004
.5.
PD-2004-104
There are to be two General Commercial (GC) zones applied to the land. The easterly portion
will only permit a four-storey, 138-room hotel, consistent with the OP A Special Policy Area.
The westerly portion of the land will have a holding (H) provision attached to the requested GC
zoning allowing the retail/restaurant/office development to proceed after submission of a
satisfactory market analysis has been submitted. Both the GC zones will also contain site
specific regulations respecting landscaping and lot coverage.
3.
Site Plan control will address specific site design issues.
As noted above, there are site design issues relating to building mass, landscaping and traffic
impacts, that will have to be addressed during site plan approval. Also, site plan approval will
address lighting, servicing, fire access and garbage storage location.
CONCLUSION:
Based on the foregoing, staff can recommend approval of amendments to the Official Plan and Zoning
By-law to permit the development of a four-storey, 138-room hotel and 2,576 square metres (27,732
square feet) ofretaillrestaurantloffice space on the subject land because:
the proposal is in conformity with the general objectives of the Official Plan;
the site is suitable for the proposed development;
the site has been designed to address compatibility issues with respect to adjacent residential
lands and site plan control will further address issues respecting building mass, landscaping,
lighting and other design matters;
the concerns of neighbour's have purportedly been incorporated into the design of the proposal;
and
the proposed amendments are appropriate.
Prepared by:
'h~-
John Barnsley
Planner 2
/M-
Approved by:
:J~,
T. Ravenda
Executive Director of Corporate Services
Recommended by:
~Æ-
espectfully subm~ed: , /
.ml7~
ohn MacDonald
Chief Administrative Officer
Doug Darbyson
Director of Planning & Development
JB:pb
S:\PDR\2004\PD2004-104. AM-42-04, McLeod Rd Alex Ave, TAGc.wpd
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SCHED ULE 1
LOCATION MAP
Subject Land
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Amending Zoning By-law No. 79-200
location:
SW Corner of Mcleod & Alex Avenue
N
W*E
S
I:NTS
Applicant:
T AGC Holdings
AM-42/2004
ICIGIS_R'q""',\2004'&hotuJ"'2oojogMMM.3"""pping.",,
-- 1004
SCHEDULE 2
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"'UVI.JIV'tMïc,
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FIIe:z.oN I\)G
Director of Planning and Development,
City Hall,
4310 Queen St.
Niagara Falls, Ont.
L2E 6X5
\/Uerks P6.
In regards to the Zoning By-law Amendment Application
City File AM-42/2004
We live at 5805 Aspen Court, near the above property. We are against any change ITom
residential to commercial. When we bought our home, we were told that the property at the
comer was zoned residential and purchased our home on that basis. A commercial rezoning
would devalue our property and result in more noise and less privacy in our subdivision. Alex
A venue, which runs off of McLeod Road, is a fairly narrow street and can become congested
when the police use it for a radar pull-off spot. A hotel will result in even more congestion. There
are a large number of families with young children in our subdivision and extra traffic will not be
welcome due to safety considerations.
If a four-level hotel is passed this year, what is to guarantee that city council will not permit the
complex to go higher in the future, as witnessed by the major hotels in the Fallsview area. It
seems to us that city council does not take the views of citizens effected in to consideration. We
certainly hope that this will not be true in this case.
s~.
Douglas Hicks
Susan Hicks
5805 Aspen Court
Niagara Falls
905-374-6841
RECEIVED
NOV - 2 2004
PLANNING
& DEVELOPMENT
NOV 1 5 20M
PLANNING MEET!NG- .-
'"
Nov. 1,2004
IIIRG. FRLLS CLERKS '0411010'3:40
David Warriner
5893 McLeod Road
Niagara Falls, On
Re: City File: AM-4212004
Official Plan & Zoning By-Law No. 79-200
Attention: Director of Planning & Development
City Hal~ 4310 Queen St., Niagara Falls, L2E 6X5
Please let it be known that I do not wish to have a fast food chain, drive through
restaurant or 24 hour food chain in tlùs development across ftom my home.
I will not be able to attend the meeting on Nov. 15 and therefure would like to receive
written notice confirming that this type of restaurant will not be approved in this project.
Thank you,
./~
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¿Y"ç-- ~
NOV , 5 ,004
~'LANN¡NG MEETING ~~~~-,..-
The City of Niagara Falls Canada
Attention: Mr. Doug Darbyson
The Director of Planning and Development
City FileAM-42/2004
November 3. 2004
Mr. Darbyson
Hello, my name is Robin Morse, I reside at 6133 Crimson Drive in the city of Niagara Falls. In June of 2000, I
submitted a copy of a report (prepared by the Father Hennepin Catholic School Council) outlining safety concerns
that we as school community had regarding the Alex AvenuelMcLeod Road area to The City of Niagara Falls.
The concerns are outlined in the attached material and I would ask that should this development take place "City
File AM-4212004" installation of a stop light at the intersection of McLeod Road and Alex Avenue must be a
serious consideration.
I would ask that you review the attached material and in particular note the letter from the Niagara Regional
Police Service which indicates the number of speeding infractions at the above mentioned intersection.
I can be reached during business hours at 905-374-0701 ex!. 5544, please feel free to contact me if necessary
and I thank you for taking the time to review this material.
Respectfully;
r~
Robin Morse
RECEIVED
NOV - 4 2004
PLANNING
& DEVELOPMENT
PLANNiNG MEET!NG NOV 5 2004
.._--~.~'" -'cd..
'"
June 8, 2000
The Honourable Wayne Thomson
The City of Niagara Falls, Canada
4310 Queen Street, Niagara Falls, Ontario
~'êo -pY
Mr. Mayor Thomson
I write to you in hopes that you can forward this material to the appropriate personnel at City Hall. As
weill thank you in advance for reviewing this material and to the individual(s) who can respond to my
concerns.
With the increase in population of the City, the increase of visitors, and the fact that people coming
from the QEW are directed to use McLeod Road to get to various tourist attractions, the Casino and
other major industriallbusiness development areas this all seems to equate to a higher volume of traffic,
on a daily basis, driving On the roadways in our school boundary area.
lam submitting this report on behalf of the Father Hennepin Catholic School Council (FHCSC), we
are an organization (mandated by the Ontario Government) comprised of parents/guardians of children
who attend Father Hennepin Catholic School. The FHCSC acts as an advisory committee to the school's
administrator, Recently the FHCSC was approached by the Niagara Catholic District School Board
(NCDSB) in regards to their busing policy and the possible implications to our children and their method
of travelling to school when their policy is enforced. It is this report for the NCDSB that I submit for
reference.
The FHCSC prepared the report which was based on a survey provided to the parents in our school
community. The report focused on safety issues as related to our children, the busing policy and their
way and means of getting to and from school safely each day.
As a result of our report we are now seeking additional information from the City of Niagara Falls with
respect to the following safety concerns:
I. Has there been or is their any consideration of creating a physical barrier (cement curb) between
the roadway and sidewalk On Drummond Road between McLeod Road north toDunn Street?
2. The need for an additional crossing guard at the intersection of McLeod Road and Drummond
Road, similar to the two crossing guards at McLeod Road and Dorchester Road.
3. The need for a sidewalk to be constructed on the south side of McLeod Road, in order to give
children the ability to walk from Alex Avenue to Drummond Road in order to use the services
of the crossing guard at McLeod Road and Drummond Road, or ,.
The need of a school crossing with flashing lights and a crossing guard at the intersection of
McLeod Road and Alex Avenue in order to provide a safe means of crossing the road at
this intersection.
4. The placement of additional signage to indicate the school crossing zones On McLeod Road.
As well as signage to indicate the vehicle speed limits and or reduction of speed when travelling
in this portion of McLeod Road.
I would appreciate any information related to these safety concerns listed above that your staff could
provide as soon as possible. Please do not hesitate to contact me directly as it is a priority of the FHCSC
to help ensure a safe environment for our children en route to school.
Thank you.
Robin Morse
FHCSC - Busing Committee
Contact: Mr. Robin Morse
6133 Crimson Orive. Niagara Falls. ON L2G 754
Tel: Home 354-7825 Wor1< 374-0701 ex!. 5544
! nuor )! Iaune ¡¡¡I¡oulson
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C!J:ilU lial1
4310 OjIutrn Bolred
Niagara §al1s, ~N 1ì2i:: 63\5
.(90S) 3S6-7S~1 £xl. 4~0~
§øx: (90S) 374-3557
wllroulson@titll,niagarafulls.on.[a
June 13, 2000
Mr. Ro6inMorse
FHCSC - Busing Committee
6133 Crimson Drive
Niagara FaJIs, ON LZG 7S4
'corY
Dear Mr. Morse:
Tha.AA you. for you.r fetter outfinil19 tIU: concerns of tIU: Father Hennepin
CathoCù: Schoof Councie. I forwarád the infomuttion to Mr. KarC Dren,
Mannger of Parking and TrajJk, to i1Wf$tiga.te and report 6a&. to me. I am
conJúfent KarC wi£( contact you. throughout his investigation 6ut shoufd you.
have any questions, pCease cfo not liesitate to contact me.
Again, thank. you. for tnki.ng the time to a4vise me of you.r concerns and
pCease mp me infonnd
WTltrc
Sincerefy,
WAYm~
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K. Dren
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Prepared for
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NIAGARA CATHOUC
DISTRICT smooL BOARD
Transponation
SafelY Repon
May 2000
Prepared by
Father Hennepin Catholic School Council
May 12, 2000
Miss Kim Majcher
Manager of Transportation
Niagara Catholic District School Board
Dear Miss Majcher,
On behalf of the Father Hennepin Catholic School Council, we would like to share our
findings with you regarding the safety issues that exist in our boundary, that may require
an exception to the bus policy.
As a School Council, we are aware of the budgetary challenges the Niagara Catholic
District School Board is faced with, however there are serious safety concerns within our
boundary that need to be addressed. These concerns are outlined in our report.
The report focuses on the safety issues for our children walking to and from school if a
change in bus policy becomes reality.
The report consists of:
. A diagram showing the boundary and areas of safety concern.
. Twenty-two photos showing the hazards our children would encounter
on a daily basis if they were to walk to school.
. A copy of the Transportation Survey sent out to parents in December 1999.
. A summary of the Transportation Survey results.
. A report outlining discussions regarding safety concerns with both the
City of Niagara Falls and the Region of Niagara .
. A letter ftom the Niagara Regional Police Service confirming the number
of accidents and speeding infractions in the boundary area.
As our research points out, the volume of traffic and the hazards associated with such
volume creates an obvious safety threat to our children, however from the City and
Regions perspective, the numbers do not clearly justify extra precautionary measures at
this time.
Thank you for your time and consideration to this matter.
Sincerely,
Father Hennepin Catholic School Council
"'"
I .
General Location Figure
¥ Father Hennepin School Boundary
¥ Photo Locations
¥ Areas of Concern Affecting Traffic Patterns within the boundary
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2
BOUNDARY DESCRIPTION
East: Commencing on the NIag.... River to
South: Corlieid 51 end Its projection 10 Stanley Ave to the Weiland River to
West WIlson Gr.. end Its projection to Mcleod Rd to De/I Ave end Ms
projection to the power transmission Iin.. to
North: Murray St to the point or commencement on the N"gara River
Areas of Concern Affecting Traffic Patterns
In the Father Hennepin School Boundary
1. CN Rail Yard
2. Niagara Falls Industrial/Business Park
and other industries located on Stanley Avenue
3. Casino Niagara and Future Permanent Casino
4. Marineland and other tourist establishments
Photo . Allp'oIo,...,.,""ooO""""",
nou" 0""5 - "10 am °' 2,50- 3,25 pm.
Locations (P) O","""""'hocIdOy
A. Photos No.1 to 9
B. PhotosNo.10t013
C. Photo No. 14
D. Photos No. 15to 18
E. Photos No. 19 to 21
Father Hennepin Catholic School Council- Transportation Safety Report
Photo 1
On Alex Avenue looking North across McLeod Road.
Photo 2
On Alex Avenue looking North across McLeod Road. Notice large cement
truck. This area has a considerable amount of industrial traffic servicing
the Stanley Avenue industrial section of the City.
Father Hennepin Catholic School Council- Transportation Safety Report
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Photo 3
On the comer of Alex Avenue and McLeod looking West towards Drummond
Road. Notice lack of sidewalk onJ].QRh"side of McLeod Road.
So,J#,. .
Photo 4
On the comer of Alex Avenue and McLeod looking West towards Drummond
Road. Notice lack of sidewalk.
Father Hennepin Catholic School Council- Transportation Safety Report
Photo 5
On the corner of Alex Avenue and Mcleod looking West towards Drummond
Road. Notice lack of sidewalk.
Photo 6
On the corner of Alex
Avenue and McLeod
looking West towards
Drummond Road.
Notice lack of sidewalk.
Father Hennepin Cathoiic Schooi Council- Transportation Safety Report
'"
Photo 7
On the corner of Alex Avenue and Mcleod looking West towards Drummond
Road. Notice lack of sidewalk.
Photo 8
On McLeod Road looking East towards Alex Avenue. Notice lack of
sidewalk and heavy truck traffic. Also note lack of speed limit signage.
Father Hennepin Catholic School Council- Transportation Safety Report
Photo 9
On McLeod Road looking East to Alex Avenue. Notice lack of sidewalk
and heavy truck traffic. Also note this is City of Niagara Falls
Bus stop location.
Father Hennepin Cathoiic School Councii - Transportation Safety Report
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Photo 10
On Drummond Road South of Mcleod Road looking North.
Photo 11
On Drummond Road South of Mcleod Road looking North. Whiskey
Nick's tavern ahead on right. Only one crossing guard stationed on corner
at Whiskey Nick's. Note volume of traffic.
Father Hennepin Catholic School Council- Transportation Safety Report
Photo 12
On Drummond Road looking North. Whiskey Nick's Tavern parking on
right. Notice lack of boulevard between road and sidewalk. Freezing mist
hazard in winter months.
Photo 13
On Drummond Road
looking North. Just
beyond Whiskey Nick's
Tavern. Notice youth
cycling near road. Truck
traffic and car in the
distance obstructing
sidewalk. Area where
cyclist is riding is where
City bus stops to pick
up passengers.
Father Hennepin Catholic School Council- Transportation Safety Report
Photo 14
On Drummond Road looking North. Corner of Skinner Street. Notice two
children walking, car obstructs crossing. Also notice lack of curb separating
road from sidewalk.
Father Hennepin Catholic Schooi Councii - Transportation Safety Report
Photo 15
On Drummond Road looking South. Corner of Dunn Street. Notice van
obstructing sidewalk, and approaching City bus. Area to right at Super
Video 99, sidewalk and parking lot are one.
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Photo 16
On Drummond Road looking South. Corner of Dunn Street. Notice Pepsi
truck making delivery and parked on sidewalk. Difficult for children to pass
safely.
Father Hennepin Catholic School Council- Transportation Safety Report
""
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Photo 17 / SoW\-
On Drummond Road looking-Set1th. Corner of Dunn Street. Notice lack
of boulevard. (An elderly lady was struck and killed by a street sweeper at this
comer in the early 1990's).
- -~-
Photo 18
On Drummond Road looking North. Corner of Dunn Street. Notice north
of Dunn Street there are concrete curbs creating a defined boulevard
between the road surface and the sidewalk.
Father Hennepin Catholic School Council - Transportation Safety Report
Photo 19
On Drummond Road looking South. Corner of Margaret Street.
Notice lack of boulevard between road and sidewalk. Horne Hardware
visible on left.
Photo 20
On Drummond Road
looking South. Standing
at entrance to Home
Hardware parking lot.
Notice no separation
between parking lot
and sidewalk. Car
enters directly in front
of where we are
standing. Notice cyclist
and pedestrians ahead.
Father Hennepin Catholic School Council- Transportation Safety Report
Photo 21
On Drummond
Road looking South.
Standing at entrance
to Home Hardware
parking lot. Notice no
separation between
parking lot and
sidewalk.
Photo 22 N°'1\,
Looking.setrtITon OEW, sign directs traffic going to Casino Niagara to use
McLeod Road. Mcleod Road is also major access route for trucks going
to the Industrial/Business Park located on Stanley Avenue, as well as
being a major access route for vehicles travelling to Marineland and other
tourist establishment in the City.
Father Hennepin Catholic School Council- Transportation Safety Report
TRANSPORTATION SURVEY
. BACKGROUND
Kim Majcher, the Manager ofTransportation for the Niagara Catholic District School Board, made a
presentation to our School Council. The purpose ofthe meeting was to bring infonnation to the Council re the
bussing policy and to have the council begin to gather information about how any changes and enforcement of
the policy might impact on students presently riding the bus.
She presented the Council with a comparison of the Board's current bussing policies; the Board is still using
both Welland County's policy and Lincoln County policy and the Public Board's policy.
POLICIES
Weiland Lincoln Public(Heximer)
JK to K 600 metres 800 metres 1. 6 Ian JKIK
Grlt08 Ulan 1.5 Ian 2.4 Ian Gr I
Gr 9 to OAC 2.01an 3.2 Ian 3.2 lanGr2 to 6
4.8 Gr 7 to OAC
Further she made it clear that it was the Council's role to find any safety issues that existed in our boundary that
might require an exception to the bus policy. But she stressed, that the Council, with the support of the Board,
would have to investigate and attempt to have the City of Niagara Falls remedy any safety issues found by the
Council. (i.e. sidewalks, crossing guards) Bussing is not for convenience.
It is important to note that for the 1999-2000 school year there will be no change in the
current bussing at Father Hennepin.
When will changes occur?
. After the Ministry of Education enacts its transportation policy re funding of bussing.
. After the NCDSB enacts its transportation policy based upon the ministry of Ed funding of transportation.
. After the School Council has presented its findings to the Transportation department.
The Council needs your assistance in identifying any safety issues that your children would meet if they walked
to school.
Please return the bottom portion by Friday, December 3, 1999.
We require the following infonnation.
Name:
Home Address:
Grades of children as of September, 2000. - -
Please identify a safety hazard that your child(ren) would experience if they walked to school. Please be specific
with street names, locations and describe the type of hazard. Please use the back or attach extra pages.
::\GREENE\SChooIITRANSPORTATION SURVEY Nov lIe.doc
"'"
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Father Hennepin Catholic School Council - Sub-Committee
Transportation Summary Report
CitY of Niaaora Falls Crossing guards. Carl Dren 356-7521 Ext. 4509
Manager of Traffic & Parking ServiceS
. Two guards are stationed at intersections where there is considerable traffic
coming from all directions. Two lanes in each direction. Mcleod/Dorchester has
heavy volume compared to McLeod/Drummond, in all directions.
. When a guard is sick, the school is notified that morning, however they will
dispatch someone from an intersection that is doubled up. In some cases they
have all guards out and are unable to cover the sick call.
. We can ask the school to endorse a letter to request an investigation into
whether or not a guard is warranted at the AIex/Mclr:od intersection, MI'.
Greene can endorse.
. They would need to know how many stuclr:nts would cross there to get to the
school.
~
Traffic study.
Petor' Vujic 685-1571 Ext. 3238
Any correspondr:ncr: to be sent to:
J œ Cousins
Assistant Director of Tl"CII1SpOI'tation Services
. They input the information into their system and the software will give points.
The points are evaluated and then left up to the decision-malœrs.
. Drummond Road is in the City of Niagara Falls' jw-isdiction.
. Mclr:od is in the Region's jlrisdiction.
. They look at if there has been any collisions over the last 5 years.
. Pedestrian Priority Signals are a little easier to justify than traffic signals.
. If someone were killed crossing it would pass quicker.
. They look at the delays to croSS, # of kids, adults, handicapped and elderly that
would typically croSS at the intersection. Drummond may be too close to Alex to
warrant signals.
. Previous studies have been conducted.
. We are "nowhere near" the quotas.
. Alex A-
1994 13650 vehicles
14350 vehicles
St. James @ Thorald Stone Rood (pedestrian Sianol Exists)
1994 17450 vehicles 20600 vehicles
Statistics from the police are not factored into the equation,
i.e. Spr:eding incidents, accidents, etc.
Transportation Survey Results
Survey Responses: 45 Responses, representing 78 Students.
Response by Grade: JK=4, SK=II, Grl=8, Gr 2=13, Gr 3=12,
Gr 4=7, Gr 5=7, Gr 6=5, Or 7=8, Or 8 = No responses
Those respondents that did not have any safety concerns: 1 Family representing 3 children
Summary of concerns identified:
- Special needs children = 3
- Child to young to walk = 7
- Pedophile in the area = I
- Personal safety = I
- Access to school would be problem at dismissal if no buses = 2
- Alex & McLeod Intersection: Crossing to busy, no crossing guard = 7
- Drummond & Churchill Intersection: Crossing guard not early enough = 2
- Drummond & McLeod Intersection: To busy, no crossing guard? = 14
- McLeod Rd: Very busy, dangerous, speeding & traffic violations = 16
- Drummond & Dwm Intersection: To busy = 3
- Drummond Rd: To busy, no sidewalks & curbs, business driveway access across sidewalks = 20
without set entrance and exit designations, many bars and drinking
establishments along children's route to and &om school.
- Sidewalks not ploughed along school route = 4
- Walk would be to far for young children = 3
Reaction or alternatives if current busÌl12 8lr8nl!ements altered:
Parent would walk or drive children themselves = 3
Change Schools = 2
, ,
Niagara Regional Police Service
68 Church 5t., SI. Catharines, Ontario, Canada L2R 3C6
Tel. (905) 688-4111 Fax. (905) 685-5081
WWW.nrps.oom nrps@nrps.oom
J. Grant Waddell
Chief of Police
Gary E. Nicholls
Deputy Chief of PoliCe
00-04-20
Mr. Randy Fischer
7392 Sandy Court
Niagara Falls, Ontario
L20 7R3
Mr. Fischer:
Further to your request, regarding the number of accidents and the number of
speeding infractions at a specific intersection, please be advised as follows. .
There was a total of twenty-six (26) speeding infractions at the intersection of
Alex Avenue and McLeod Road, two(2) at the intersection of Dunn Street and Stanley
A venue and two(2) at the intersection of Marineland Parkway and Stanley A venue from
January 1st to ApriI6d12000.
There was a total of forty(40) accidents reported in the area indicated on your
request, from January 1st to April 6'h 2000.
I trust this is the infonnation you require, please do not hesitate to contact us,
should you require any further assistance. I can be reached at (905)688-4111 ext 4238
:Monday to Friday from 9arn -5pm.
Respectfully,
L~w~
Ellen Tessmer
AlManager
Central Records
ETllf
Fort Erie. Grimsby . Lincoln. Niagara Falls. Nia.9ara-on-the-Lake . Pelham
Port Colbome . 51. Catharines . Thorold. Wainfleet . Weiland. West Lincoln
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Doug Darbyson
Director of Planning and Development
City Hall
4310 Queen St.
Niagara Falls, ON
L2E 6X5
Re: City File AM-42/2004
Dear Mr. Darbyson,
November 1,2004
-J; Planning
7f) b.-
file: tJ:I\I'Ó
Vc.u:.~I(> f.6.
This letter is to express concern over the application to amend the official plan and zoning by-law for the
property located on the south west comer of McLeod Road and Alex Avenue in Niagara Falls.
As residents of the area we do not feel that the proposed plan to build a hotel and retaiUoffice/restaurant
space, serves the best interest of the community. As there is a high concentration of new and young
families in the area, we feel that the resulting noise, traffic, congestion, aesthetics, and other issues
typically associated with commercial tourist development, will impact negatively on the safety and daily
lives of its residents and their children. Likewise, the proposed development does not seem to fit the
current nature or intention of the area. At present there is a clear differentiation between the highly
developed commercial area in the Fallsview district and the residential area in question. This difference
is one that we wish to see preserved.
We therefore request that our concerns be noted and considered when processing the application. We
thank you for your time and attention on this matter.
Best Regards,
Carlo Robazza
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6106 Wildrose Cres
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& DEVELOP~_I;..N..T
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5726 Deerbrook Street,
Niagara Falls,
Ontario L2G 7V7
November 3, 2004.
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FHo; 2JjN 11-./ {.,
/c.LERKs P.ß
Director of Planning and Development,
City Hall,
4310 Queen Street,
Niagara Falls, Ontario
L2E 6X5
Regarding City File: AM-42/2004
Dear Director of Planning and Development,
I am writing to express my opposition to the Official Plan and Zoning By-Law
Amendment Application City File: AM-42/2004 to build a hotel at the intersection of
McLeod Road and Alex Avenue.
Perceived Sneakiness
Let me first say that I am disappointed to be learning about the proposed Official Plan
and zoning changes at such a late date. Apparently there have already been meetings and
presentations, of which I was unaware. The sign on the property in question is small and
faces the street, so that when driving along McLeod Road it is edge-on and I have driven
past it apparently for weeks without even noticing it. Only when someone told me it was
there did I look specifically for it and then saw it. If it was facing the traffic, I would have
seen it right away. Also, there was an advertisement was in the Niagara Falls Review, but
I do not read this paper. In fact, given that it has a circulation of only 20,000, apparently
most people in the city do not read this paper. Only when a neighbor brought the
proposed development to my attention did I learn about it. Therefore, I am left with a
feeling of somebody doing the least they can get away with, trying to sneak something
past the local population and avoid a full and fair disclosure and discussion.
Changing the Character of the Neighborhood
My wife and I purchased property in this lovely Drummond Heights residential
neighborhood based on the circumstances as we found them, which include the Official
Plan and existing zoning. To change the Official Plan and zoning anywhere near our
home is a big deal to us. This is something for the whole neighborhood to know,
understand, and agree with. Not something to be rushed.
The neighborhood is quiet, scenic, and safe. Children play on the streets. When I stand in
front of my house I can see the tall hotels of the city center in the far distance. I can also
see the mist of the Falls. It is truly wonderful. Our neighborhood is close to the busy city
center, yet is a quiet enclave separated from it. There are only two roads acc .
RECEIVED
NOY - 3 2004
PLANNING
& DEVELOPMENT
subdivision. This proposed hotel development is an unwonted intrusion of the busy hotel
milleau right into our neighborhood. This tall structure will loom over our homes, destroy
the privacy of our back yards, block our view, obstruct the wind, and ¡urn one of our two
quiet access streets into a major intersection.
What Does a Hotel Add to the Neighborhood?
What does this development add to the neighborhood that benefits the local residents? On
McLeod Road we have a Canadian Tire and Food Basics, a convenience store and gas
station. There are also buildings with doctors, dentists, and insurance agents. My wife
and I use these stores and services regularly. These businesses serve the local people and
complement the residential area.
This city is overrun with hotels. Do I want one in my neighborhood? Why would I? This
proposed development is an attempt to put a hotel in an area where the land is cheaper
because it was never intended for a hotel. The developers do not want to pay the price of
building downtown, so they are trying to sneak their development into a residential
neighborhood.
Bad Planning
McLeod Road is intended in the Official Plan to be a residential street with limited
commercial development at the intersections of Dorchester and Drummond to serve the
local community. It was bad planning to allow a shopping mall just west of the proposed
development. This mall has never prospered and should not even be there. Now
developers want to compound the error and further change the character of the street and
neighborhood. If the Official Plan intended for commercial development along McLeod
Road ONLY at the intersections with Dorchester and Drummond, with the balance of
McLeod remaining as residential, then this is what we should be striving to maintain. We
should definitely NOT be converting additional residential zoned areas to commercial
zoning. If anything, commercially zoned property that is away from the above
intersections and is not prospering should be converted back to residential zoning. I
absolutely oppose any tendency to turn McLeod Road into another Lundy's Lane.
Traffic Problems
Making a left turn from Alex onto McLeod is already difficult at busy times. I can sit
there for several minutes waiting for a chance to pull out. If several cars are ahead of me
the wait can be lengthy. A competent traffic study will undoubtedly reveal that placing a
hotel on this corner will necessitate the installation of a traffic light. You will have turned
a small residential street into a major intersection.
There are only two access points into the Drummond Heights subdivision: Alex Road and
Crimson Drive. Anyone in our subdivision wanting to travel west on McLeod via Alex
will then pass through two traffic lights - at Alex and Drummond. By exiting via
Crimson there will be only the Drummond traffic light. As a result there will be increased
traffic along the residential streets and past Crimson Park as people seek to avoid Alex.
This increased traffic through the subdivision will happen whether or not you put a traffic
light at Alex, because anything that makes the intersection at Alex and McLeod busier
will cause local traffic to avoid it.
Blocked View and Loss of Privacy
Right now when I look toward McLeod from anywhere near my home, I see trees and
grass. In the distance I can see the downtown hotels and the mist rising from the Falls. A
wall of commercial development along McLeod is most unwelcome. A height of even
40' is too much. Having people peering down from hotel rooms into private back yards is
an unwelcome intrusion and loss of privacy.
Smaller buildings with spaces between so they do not totally block the view would be
better.
The Importance of Wind
Any building that is high enough to block the wind affects the neighborhood. A fresh
breeze on a hot summer day is wonderful. At this time, the neighborhood enjoys good
ventilation.
However, there is another importance to wind that people will become increasingly aware
of during the next few years. Most people are not aware that natural gas production in
Canada has been declining since 2001. The homes in our subdivision are heated with
natural gas, as are about 50% of all homes across Canada and the United States. How will
these homes be heated when the supply of natural gas fails? My bet is that the first thing
people will do is buy electric space heaters. The demand for electricity will soar. Will the
supply be there, or will there be blackouts in the middle of winter leaving people to
freeze in the dark?
There is another problem. Most people are also not aware that the global production of oil
peaked in 2000 and is projected to begin a rapid decline starting 2008. Newspapers are
afraid that if they report the issue, then the population will panic.
With no public awareness of the problems, there is no pressure on politicians to act to
prevent the disaster looming before us.
I am planning now to prepare for the absence of gas and oil. A small wind turbine and
solar panels attached to my home can generate all the electricity my home requires. A
geothermal heat pump can heat and cool my home very nicely. It is possible to design a
car that runs on compressed air, and compressed air is something I can make at home. In
the event of food shortages (the trucking industry may collapse and most food travels
more than a thousand miles to get to your dinner plate) I can live very nicely on grains
and legumes sprouted in my kitchen.
The preparations I am making may seem extreme, but if you read about "peak oil" on the
Internet you should soon realize that international oil experts are shouting from the
rooftops now, and people would be wise to listen.
I am not waiting for all of society to wake up to the problems. The energy sources
available on my land are wind, sun, and geothermal. My life and the lives of all who live
in my home may soon depend on these. Anything that threatens these energy sources is
significant to me. Therefore, any structure that may impact the wind, sun and geothermal
energy that we all may soon be depending on needs to be subjected to an environmental
review.
Specifically, a tall structure will block the wind. I want to know the extent of the wind
shadow and turbulence caused by the structure. Every home within this wind shadow and
turbulence needs to be informed prior to approval to construct the building, so that local
homeowners can give informed consent.
Thank-you for your consideration of my concerns.
Regards,
~t~
Stephen Porter
""
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November 2, 2004
..J/Þ Planning
:~ §œnned
FIIo:WNiNf:
V'CU:)Z¡o fß.
Mr. Doug Darbyson
Director of Planning and Development
City Hall, 4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
RECEIVED
Nay - 2 2004
PLANNING
& DEVELOPMENT
Dear Mr. Darbyson:
Re:
Bv-Law Amendment ADDlication - City File: AM - 42/2004
As residents of Drwnmond Park village, located behind the proposed development, my husband and I
would again like to object to the proposed Official Plan and Zoning By-Law Amendment Application -
now City File: AM 42/2004. We are attaching a copy of our letter from December, 2002, with our
original objections which still stand and would like to make the following additional objections.
-
As stated previously the proposed area is now basically residential, with limited low density
commercial buildings.
We purchased our house in this subdivision 18 years ago, taking into consideration the zoning
by-law for the area, which was mainly single family and duplex housing and since that time
we have had to continuously fight to try and keep the original zoning.
We would like to again mention that the plaza presently located between Drummond Road
and Alex sat almost vacantfor close to 10 years because council refused to change the
zoning. It is presently almost completely occupied and to our knowledge the zoning did not
have to be changed to accommodate the present occupants.
As previously mentioned, the majority of residents of our subdivision enter and exit the
subdivision from Alex A venue. This used to be the safest way in and out of the subdivision,
because of the traffic (and accidents) at the Drummond McLeod traffic lights. With increased
traffic from the new Casino as well as the Casino associate buses traveling constantly up and
down McLeod Road, it is almost hazardous to access and egress from this intersection. If
traffic gets much heavier a light will have to be installed for safety. My husband and I have
almost been rear ended a number of times turning into our subdivision because of the heavy
traffic.
With the opening of the new golf course in this immediate vicinity, traffic will only get
much heavier.
We feel turning lanes should be installed all along McLeod Road from McDonald's
Restaurant as far as Marineland Parkway, and as well there should be left turn signals
on all traffic lights in this area.
-
A new problem that some residents of our subdivision our now facing is water in our
basements. During the heavy rainfall this summer, my husband and I awoke to
three inches of storm sewer water in our basement. We were able to get it pumped out
before our furnace was damaged but did have to replace a $700 electronic air cleaner.
The water came up through the drain in our basement near our laundry tubs. We did not
put in an insurance claim because our rates would only go up. This is the second time that
flooding has occurred.. The first time, approximately three years ago wasn't as bad, but
we did have damage to items that were on the floor.
We have spoken to at least four other close neighbours who have had problems with
water in their basements, some of whom have finished rooms in their basements.
They have all cleaned up the damage themselves. Since we are located in the first
stage of this subdivision where sump pumps were not installed, we are curious to
know how the other residents in Stage II have made out, who do have sump pumps
and if they were able to handle the heavy rainfall.
The addition of a 138 room hotel and restaurant will impact even more on the
storm and sanitary sewers in this area.
Once again we would like to reiterate, the residents of this subdivision were here first. Many of
us purchased our houses based on the zoning at the time of purchase. We strongly again object
to this proposed development.
Respectfully submitted by
~LJ¡-w
~/6Jw
Glen and Sharon Dow
6123 Trillium Crescent
Niagara Falls, Ontario
L2G 7R4
Tel: (905) 354-3751
Attachment - Letter dated December 3,2002
December 3, 2002
Mr. Doug Darbyson
Director of Planning and Development
City Hall, 4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Darbyson:
Re:
Bv-Law Amendment ADDlication - City File: AM - 3612002
As residents of Drummond Park village, located behind the proposed development, my husband
and I would like to object to the proposed Official Plan and Zoning By-Law Amendment
Application - City File: AM 36/2002.
-
The proposed area is now basically residential, with limited low density commercial
buildings.
We purchased our house in this subdivision 16 years ago, taking into consideration the
zoning by-law for the area, which was mainly single family and duplex housing. Since
that time numerous changes have been made or proposed for the area and we have had to
continuously fight to try and keep the original zoning.
We would like to mention that the plaza presently located between Drummond Road and
Alex sat almost vacant for close to 10 years because council refused to change the zoning.
-
The majority of residents of our subdivision enter and exit the subdivision from Alex
Avenue. This is the safest way in and out of the subdivision.
The intersection of Drummond and McLeod is dangerous, particularly for vehicles
turning left off McLeod onto Drummond. There are numerous accidents at this
intersection. The danger is also compounded by chemical transport trucks entering and
exiting Drummond Road traveling to Oldfield.
The traffic on McLeod Road is very heavy particularly during the summer months when
Marineland is open and with the new Casino coming on board, as well as a new
McDonald's Restaurant the traffic will become much heavier.
-
Allowing a four (4) story hotel to be built in the proposed area would impede the skyline,
and create more traffic problems at the Alex/McLeod intersection and on McLeod Road.
-
Allowing a free-standing restaurant with a drive thru would compound the traffic
problems and create littering, as well as noise problems for the residents, particularly
those who live closest to the area.
The residents of this subdivision were here first. Many of us purchased our houses based on the
zoning at the time of purchase. We enjoy our quiet subdivision, and we do not want the safest
way in and out of our subdivision jeopardized by this proposed development.
Respectfully submitted by
Glen and Sharon Dow
6123 Trillium Crescent
Niagara Falls, Ontario
L2G 7R4
Tel: (905) 354-3751
""
November 2, 2004
.../tÞ Planning
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Mr. Doug Darbyson
Director of Planning and Development
City Hall, 4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Darbyson:
Re:
Bv-Law Amendment Application - Citv File: AM - 42/2004
We would like to register the following objections to the proposed Official Plan and
Zoning By-Law Amendment Application - City File: AM 42/2004. We have attached
our prior objection to have this site made into a hotel/restaurant and wish to
submit more reasons why this should be rejected along with our prior objections.
1.
Since our first submission, we now have some proof of what has happened to
McLeod Road, (with the increase of traffic since the opening of the new casino),
resulting in a break down of the road structure. With the opening of a new golf
course next year in this area, the traffic will only get worse.
2.
On Saturday, October 30, 2004, the traffic lights malfunctioned at the corner of
Drummond and McLeod. If you had been at this busy intersection you would
have seen the total confusion and chaos.
3.
To build a hotel-restaurant complex in this location adding more traffic, will put
this subdivision under extreme pressure for school buses and residents who
must exit.
In the Public Meeting Notice, it does not state what type of restaurant is
planned and how it will affect the complex.
In closing, we ask that this application be denied.
Thank you in advance for consideration of our objections.
YO~ffi "~~
Ch'.!ì.~,o'9' T,,'
7404 Sandy Court
Niagara Falls, Ontario L2G 7R
RECEIVED
NOV - 2 2004
PLANNING
& DEVELOPMENT
December 3, 2002
Mr. Doug Darbyson
Director of Planning and Development
City Hall, 4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Darbyson:
Re:
By-Law Amendment Application - Citv File: AM - 36/2002
We would like to register the following objections to the proposed Official Plan and
Zoning By-Law Amendment Application - City File: AM 36/2002.
1.
The proposed area is now basically housing with limited two storey commercial
buildings.
By allowing a four (4) story hotel, this would basically double the height of any
existing building with no guarantee prior to completion, or at a later date the
height would not be increased.
The proposed hotel at four (4 ) stories would hi-lite the skyline.
2.
The drive through restaurant will, along with the hotel, cause more traffic, noise
and littering in an area which is now mainly residential with family dwellings and
some commercial.
3.
The present intersection of Drummond Road an McLeod Road is a hazard for
car accidents and by building a hotel/restaurant complex at the corner of Alex
Street and McLeod would put a higher volume of traffic and basically eliminate a
safer exit from this area, which is the only other exit.
Thank you in advance for consideration of our objections.
'"
--.-.-----------
November 8, 2004
PLANNING AND DEVELOPMENT DEPARTMENT
~~;oR~~=~ ~~~~1!~~~'1;3¿35 AM - If L 2
Thorold, Ontario l2V 4T7 j P\onnII1g
Telephone: 905-984-3630 ..",,-
Fax: 905-641-5208 RI8:L!J,J it<!"
E-mail: Plan@regional.niagara.on.ca /r. . /J
v L..H:r<.U ,.15,
Files: D.10.M.11.21
D.10.M.11.23
..
Mr. John Barnsley, Planner II
City of Niagara Falls
4310 Queen St., 2nd Floor
Niagara Falls, ON L2E 6X5
Dear Mr. Bamsley:
Re;
Official Plan and Zoning By-law Amendment Application
Proposed Hotsl and commercial Development
McLeod Road and Alex Avenue
CitY of NlaQara Falls
This application proposes amendments to the Niagara Falls Official Plan and Zoning By-law to
permit the development of the subject lands for a four-storey, 138-room hotel and 2,570 square
metres (27.664 square feet) of retail/office/restaurant space. ,ohese lands are currently
designated "Residential" and are zoned for an 80-unit townhouse development. This application
proposes an official plan designation of "Minor Commercial" and a site specific General
Commercial zoning..
The Niagara Falls Official plan identifies a hierarchy of tourist districts consisting of a Central
Tourist District and four Satellite Districts. McLeod Road has not been identified as a tourist
district. As a strategy, the City should be supporting the tourist districts that have already been
established. Allowing hotel development outside these designated tourist districts could weaken
the tourist commercial structure ofthe City.
This site seems well suited for a townhouse development being loc21ted on a major arterial' road.
This site is also close to the Central Tourist District and as such a townhouse complex on this
site could be attractive to people employed in the tourist industry. Finally, a redesignation to
permit hotel/commercial development would result in a reductil>n of housing choice and
potentially affordable hOusing.
In conclusion, Regional Planning staff are of the opinion that a town lOuse complex as permitted
by the current planning regulations is the best use of this site. Vacant lands east of Alex
AvenUe are designated for Tourist Commercial purposes and would be more suited for a hotel.
Therefore, we are not in favour of this application for official plan an':! zoning amendments.
yours truly,
RECEIVED
NOV - 9 2004
c:
~/OPA.ZBLA-Prapœed McLeod Rd l"Iotal-NF
PLANNING
& DEVELOPMENT
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BRill SllieWR PRlFEIS'lm CIRPIRAT'..
BRIAN N. SIIiClAIR, Q.C.
Barrister and Solicitor
6617 Drummond Road
Niagara falls, Ontario
-If:
Ale:'Z.ONi,.¡G
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TEL; (905) 356-7755
FAX: (905) 356-7772
11 November 200(\
BY FACSIMILE
Mr. Ale~ Herlovitch, planning Department
City of Niagara Falls
p.O. BOX 1023.4310 Queen Street
NIAGARA FALLS, ontario
L2E 6XS
Dear Sir:
Re:
PD-2004-104, Official Plan & Zoning By-law Amendment
APplication AM-42/2004, southwest Corner McLeod Road« Alex
Avenue, Proposed gatel and Retail/Office/Restaurant
APplicant: TAGC Boldi-ogs, Agent: Michael AlleJ: ., Architect
In connection with the above matter, and in particular, Greg Foley,
! wish to advise that we sent a letter on June 3, 2004 to the
owners of 7358 Lakewood Lakewood Crescent but it was returned as,
apparently, the people had moved.
Greg Foley called my office and talked to my secretary, Annette
Bayes, and stated he did not receive a notice. He indicated that
he would pick up a copy of same, however, he chose not to do so. I
am enclosing herewith a copy of the envelope containing the
returned letter and our notation "Greg Foley to pick up I '. I would
appreciate if you would include this with his letter of objection.
I also enclose herewith copy of letter from Stephen porter to the
City for your information.
yours faitÞfully
CORi'OFAT!ON
RECEIVED
NOV 1 1 2QO1¡
PLANNING
& DEVELOPMENT
c.c.
Mr. Ray Woodhead (by facsimile) EncJ.osed please find copy of leHer
from Greg Foley for your information.
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5726 Deerbrook Street,
Niagara Falls,
Ontario L2G 7V7
November 3, 2004.
Director of planning and Development,
City Hall,
4310 Queen Street,
Niagara Falls, Ontario
L2E 6X5
Regarding City File: AM-4212004
Dear Director ofPlanrung and Development,
I am writing to express my opposition to the Official Plan and Zoning By-Law
Amendment Application City File: AM-42/2004 to build a hotel at the intersection of
McLeoçi Road and Alex Avenue. t
(flo--r6L 6 Ç¡..JC-Du..,.J-r I-I~'-'€l....
Perceived Sneakiness
Let me first say that I am disappointed to be learning WOllt the proposed Official Plan
and 2:oning ch3nges at such a late date. Apparently there have already been meetings and
presentations, of which I was unaware. The sign on the property in question is small and
faces the street, so that when driving along McLeod Road it is edge-on and 1 have driven
past it apparently fOT weeks without even noticing it. Only when someone told me it was
there did I look specifically for it and then saw it. If it was facing the traffic, I would have
seen it ñght away. Also, there was an advertisement was in the Niagara Falls Review, but
I do not read this paper. In fact, given that it has a circulation of only 20,000, apparently
most people in the city do not read this paper. Only when a neighbor brought the
proposed development to my attention did I learn about it. Therefore, I am left with a
feeling of somebody doing the least they can get away with, trying to sneak something
past the local population and avoid a full and fair disclosure and discussion.
Changing the Character of the Neighborhood
My wife and I purchased property in this lovely Drummond Heights residential
neighborhood based on the cÏIctJ11lstances as we found them, wbich include the Official
Plan and existing 2:oning. To change the Official Plan and zoning anyWhere near OIlI
home is a big deal to us. This is something for the whole neigbborhood to know,
I1Ilderstand, and agree with. Not sometþing to be rushed.
The neighborhood is quiet, scenic, and safe. Children play on the streets. When I stand in
front of my house I caJI see the tall hotels of the city center in the far distance. I can also
see the mist of the Falls. It is truly wonderful. OIlI neighborhood is close [0 the busy city
center, yet is a qu.iet enclave separated from it. There are only tWo roads accessing the
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subdivisio.n. Tbis pro.posed hotel development is an unwonted intrusion o.fthe busy ho.tel
roUleau right into o.ur neighborhood- This t~ strUcture will loom o.ver 01,lr homes, destroy
the privacy o.f our b~k yards? bl?ck our ~Îew; obstruct the wind, anj-turn ?Jle or our two
quiet access streets Into a majo.r mtersection- . - /.¡, yJs:z.. <> I ø r (1<:) f?I, Æ.
What d~S this development add to. the neighborho.od that benefits the local residents? On
McLeod Road we have a: canadian Tire and Food Basics,.a convenience store arid gas
station- Th~~e are-also buildiJigs with docto.rs, dentists, and insurance agents. My wife
'.' æ;d.t~'~~e 'stores .i,mdservices regularly. These businesses serve the local people and
.....',;~j1J~~~;'I';;:';"':' ï:: =~~t:r~'
'. . :'~':; "'1:1" jtÞwiiã~eY~f:iDt,¡iridèiì;fQi:;,ä\þ.9j¡:1;' Th~ ~evelopers do not want to. pay the price of
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What Does a Hotel Add to the Neighborhood?
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McLeod Road is intended in the Qffic;ial Pl~ to be a residential street with limited
couun.eTCial development at the jnterslêcùonsotr:>o.rCh';Si:e'r'~d" DiÙñi'morlU to'serve the
local community_It was bad pl~iIÌi to 'allo.w a: shoppmg ri1al1 juSt' weSt: 'of the proposed
develo.pment. This mall haS never prospered and should not even be there. Now
develo.pers want to compo.1llld the error and further ,change the c~cter o.f the street and
neighborhood- lithe Official Plan intended fo~ con;unercial develo.pment along McLeod
Road ONLY at the intersections with Do.rchester and Drummo.nd, with the balance o.f
McLeod remaining æ¡ residential, then this is what we should be sniving to. maintain. We
sho.uld defmitely NOT be converting addiùo.nal residential zoned areas to co.mmercial
zoning. If anything, commercially zoned property that is away fro.m the abo.ve
intersections and is not pro.spering should be converted back to residenùal zoning- I
abso.lutely oppose any tendency to tUrn McLeod Road into. ano.ther Lundy's Lane.
Traffic Problems
Making a left turn from Alex onto McLeod is already difficult at busy times- I, can sit
there for several minutes waiting fo.r a ch¡ntce to pull out. If several cars are ahead of me
the wait c¡nt be lengthy. A competent traffic study will undoubtedly reveal that placing a
hotel on this co.rner will necessitate the installation of a traffic light. You will have turned
a small residential street into. a major interSection.
There are only two acceSS points into the Drummond Heights subdivisio.n: Alex Road and
Crimson Drive. Anyo.ne in our subdivision wanting to travel west on McLeod via Alex
will then pass thro.ugh tWo. traffic lights - at Alex and Drummond. By exiting via
Crimson there will be only the Drummond traffic light. As a result there will be increased
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traffic along the residential streets and past Crimson Park as people seek to avoid Alex.
This increased traffic through me subdivision will happen wheilier or not you put a traffic
light at Alex, because anything that makes ilie. intersection at Alex and McLeod busier
win cause local traffic to avoid it. '.
Blocked View and Loss of Privacy
Right noW when I look toward McLeod from anywhere near my home, 1 see tree;'and
grass. In IDe distance I can see the downtown hotels and ilie mist rising ftom the Falis. A
wall of commercial development along Mcleod is most unwelcome. A height of even
40' is too much. Having people peering down from hotel roomS into private back yards is
an unwelcome. intrUSion and loss of-privacy.
Smaller buildings wim spaces between so mey.do not totally block the view would be
better.
The Iinportance ofWiød
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However, ~te 15 another 'Importance. to. WJnd' that: pec)þl~ ~1I..þe(;o1xie: mcrèaSfugly,aWare; ;<;;i".;.;/ :' ~". ;;:::S"..<j;
of during me next few yearS. Most people are not aWare. tfuiriiatÛiàl'ga!iJ\tò°dûêtiônUh:'j;\»<>:", ':;;;~:~'
Canada bas been declining since 2001. ThehOrriesinour~ubdj"¡iSj~iimeìi~~ed'Wiili;': '.;:~."',~ - .'-' Y,
natural gas, as are about 50% of all homes acroSS Canada and the Unitçd States. How wi1l.
mese homes be heated when the supply of natural gas fails? My bet is that ilie first thing
people win do is buy electric space heaters. The demand for electricity will soar. Will the
supply be theJe, or will there be blackouts in Ùle middle of winter leaving people to
freeze in the dark?
There is anotbet' problem. Most people are also not aware that the global production of oil
peaked in 2000 and is projected to begin a rapid decline starting 2008. Newspapers are
afraid that if they report the issue, then the population win panic.
With no public awareness of the problems, mere is no pressure on politicians to act to
prevent the disaster looming befoJe us.
I am planning noW to prepare for the absence of gas and oil. A small wind turbine and
solar panels attached to my home can generate all the electricity my home requires- A
geothermal heat pump can heat and cool my home very nicely. It is possible to design a
car that runs on compressed air, and compressed air is something I can make at home. In
the event offood shortages (the trUcldng industry may collapse and most food travels
more than a thousand miles to get to your dinner plate) I can live very nicely on grains
and legumes sprouted in my kitchen.
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The preparations 1 am making may seem extreme, but if you read about "peak oil" on the
InteITIet you should soon realize that international oil experts are shouting from the
rooftops now, and people would be wise to listen. -
I am not waiting for all of society to wake-uplo the problems. The ene{gy sources
available on IllY land are wind, sun, and geothennal. My life and the lives of a\1 who live
in my home may soon depend on these. Anything that threatens these energy sources is
significant to me. Therefore, any structure that may impact the wind, sun and geo.thenna\
energy that we alJ may soon be depending on needs to be subjected to an environmental
review.
Specifically, a tall structure will block the wind. I want to know the extent of the wind
shadow and turbulence caused by the structure. Every home within this wind shadow and
turbulence needs to be infonned prior to approval to construct the building, so that local
homeowners can give infowed consent.
Thank-you for your consideration of my concerns.
Regards,
Stephen porter
stephent>Orterúìl co ¡recO .ca
905-357-3423
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-If Planning
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tlIHG. mLLS CLERKS '04111216:36
Nov 5 /04
To: Niagara Falls City Hall/ Council Chambers
In regards to the rezoning application of "Gamer Village file # 26T-ll-2004-04. We as
property owners on Parkside Rd. would like to appeal to the Province the application to
change the zoning of "Garner Village"
Currently zoned as single family homes Development Holding (DH) By-law # 79-200 an
application has been made to change zoning to Residential Mixed (R3) category. We feel
as there are already numerous townhouses, cooperative homes, retirement residences and
apartments within one mile of the proposed site we have enough of a variation of homes
in our area to accommodate all types of housing needs. These mixed residential homes
add up to over 525 units in this small area. Our understanding when we purchased in this
area was that single family homes were only filling this area. The increase of traffic
would greatly increase on our street as this is the major in road as well. With the burden
of the sports complex being constructed here as well would lead to major traffic
congestion. For these reasons we appeal this rezoning and wish to keep the single family
home zoning originally plarmed.
~lY -~L1-
~{<-
6943 Parkside Rd
Niagara Falls, Ont.
L2H 3Nl
RECEIVED
MOV 1 22004
PLANNING
& DEVELOPMENT
. ----.-.".,...--------- -~..
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NO" /5, 2..<XI'I-
( PAlANGER )
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www.paifinggr.com
MEMO/FAX
. PALFINGER INC.
7942 Dorchester Rd., P.O.Box 846, Niagara Falls, Ontario, Canada
(905) 374-3363 1-800-567-1554 FAX (905) 374-1203
TO: JaM Bamsley DATE: November 11, 2004
COMPANY: City Of Niagara Falls
FROM: Greg Foley PAGES: 2
SUBJECT: City File #AM-4212004
Per our conversation here is the e-mail that we discussed.
Controller
RECEIVED
NOV 1 1 2004
PLANNING
& DEVELOPMENT
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From;
To:
Sent:
Subject:
"Greg Foley" ---gregfoley@cogeco,ca>
<barnsley@city.niagarafalls.on.ca>
November 10, 2004 8:23 PM
City File AM-42J2004
My name is Greg Foley and my address is 7358 LakeWoOd Crescent in Niagara Falls, I will outline my absolute
objection to the "ooing change relative to the file quoted above.
1) When we purchased the property almost three years ago one of our main issues was the zoning of the vacant
property behind us. Had it been "oned commercial we would not have purchased the home in fear of the value
dropping upon commercial development as well as the other living complications that come out of being close to a
commercial development. We accept the fact that development will eventually happen but our decision hinged on
that development being resldential.l think my point here is obvious and perhaps each member of council would
like to put themselves in this position before they vote on the proposed change.
2) The credibility of this particular developer and his solicitor gives me great concern. We did not receive any
previous correspondence concerning the development even though we have lived here almost three years. My
neighbours two doors down have lived her over five years and received nothing except this latest correspondence
from the city about the meeting on November 15, 2004, We were told by a mutual neighbour and When I attended
a meeting I questioned Mr. Sinclair and the developer. If they used the City's database ti1at is used to administrate
taxes we should have been contacted, Me Sinclai~s secretary explained that they had over fifteen letters returned
because of the names being used no longer lived at those addresses but nothing was being done about it. If you
don't receive the first letter you don't attend the meeting and as a result you are not notified of any further
meetings. I believe the explanation for this that it is purely intentional to keep the number of people to a
minimum. The only other explanation is incompetence. I never received a letter from Mr. Sinclair's office through
this whole process. This goes to the credibility of the developer and soncitor regarding any other promises that
they are making.
3) I will not discuss the specifics of the details of the site-pan because I do not believe that the proposal has any
merit regardless of the specifics. The mayor ("the mayor for all the people") and the council need to step back and
look how the gambling and hotel business in this city has driven up the cost of living while creating minimum wage
jobs. The decision making process of this city has facilitated great financial gain for three or four familìes while
creating low paying jobs while manufacturing and distribution companies that pay real salaries leave the area.
4) This proposal needs to be rejected based on the negative impact on traffic, safety, property values,and most of
all the peaceful living of residents who purchased property under the QUlTent zoning definitions. Once again, all the
mayor and council members have to do is put themselves in the position of the homeowners in the area.
Greg Foley
7358 lakewood Crescent
Niagara Falls, Ontario
(905) 371-2930
RECEIVED
NOV 1 1 2004
PLANNING
& DEVELOPMENT
lO/1lI2004
'"
ROBERT & Domt~F~ð~411i514:12
5842 CRIMSON DRIVE
NIAGARA FALLS, ON
L2G 2V7
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City Hall
4310 Queen Street,
Niagara Falls, Ontario
L2E 6X5
Regarding City File: AM-4212004
Dear Director of Planning and Development,
We are writng to oppose the Official Plan and ZOIúng By-Law Amendment application City
File:AM-42/2004 to build a hotel at the intersection of McLeod Road and Alex Avenue.
We are unable to attend the meeting this evening as we have to work.
This land in mention is currently zoned residential and should remain this way. Our question to
the developer is "Would he or she like a four storey hotel built in their neighbourhoodfl? There is
already too much development in our city, which most of the development does not benefit the tax
payers of this city. We are very much in favour of greenspace, not concrete.
Our home is in Niagara Falls, Ontario, not Las Vegas, Nevada. It seems that our beautiful city is
turning into this. We seem to cater to the tourists and consideration is not taken to the citizens
who keep this city running all year round
Thank-you for your consideration,
Yours sincerely,
~~
Robert and Donna Soyka
RECEIVED
NOV 1 5 200~
PLANNING
& DEVELOPMENT
-----rTr~---------- -
Ter Chambers - ZONING OF MCLEOD AND ALEX
Pa e 1
From:
To:
Date:
Subject:
mAG FALLSCLERV,s'O411150'3:23
"Stacey Scuds" <scuds@brocKfordsales.com>
<planning@city.niagarafalls.on.ca>
11/15/20047:36:39 AM
ZONING OF MCLEOD AND ALEX
[! .' t1f~)( ~
'fj fJtn-1/2/2001/
I am a resident of Crimson Dr in the subdivision of Alex Dr
and I am greatly opposed to the re-zoning of the south end
of Alex Dr and McLeod Rd, there is a reason that area was zoned residentialand commercial to begin
with, we live in a wonderful community at the edge of Niagara Falls and putting a motel will only increase
traffic and dangers for our children but decrease property values there are many other areas such as
Oakwood Dr that are already zoned correctly for a motel keep them there. Why don't we try a fill to
capacity the already numerous hotels, motels in Niagara Falls before we continue to build more. I think that
this is just another case of someone getting more tax dollars put townhouses in but not a commercial
property that is not going to help our community one bit. Thank you Stacey Scudamore
III
: I
Corporate Services Department
PD-2004.102
Planning & Development
Th c'ty Of~~ 4310 Queen Street
e I P.O. Box 1023
Niagara Falls Niagara Falls, ON L2E 6X5
Canada ~ web site: www.citY.niagarafalls.on.ca
-"'"
.-- Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
November 15, 2004
His Worship Mayor Ted Salci
and Members ofthe Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2004-102, Zoning By-law Amendment Application
AM-46/2004, Ralph Terrio, (Wayne Thomson - Agent)
9304 McLeod Road, Proposed Animal Shelter
RECOMMENDATION:
It is recommended that:
1)
Council approve the Zoning By-law Amendment application to permit an animal shelter
on a portion of the land as detailed in this report; and
2)
passage of the amending by-law be conditional on the applicant obtaining an exemption to
the City's Animal Control By-law (No. 2002-129) to operate an animal shelter.
BACKGROUND:
Ralph Terrio has requested an amendment to the Zoning By-law for a 0.6 hectare (1.5 acre) portion
of the land known as 9304 McLeod Road as shown on Schedule 1. The amendment is requested to
permit the existing buildings to be used for an animal shelter, as shown on Schedule 2.
The portion of the land proposed to be used for the shelter is zoned Light Industrial (LI). The
applicant is requesting an animal shelter to be site specifically added to the list of permitted uses.
This use was previously established in a residential zone contrary to the Zoning By-law and the
applicant is seeking to relocate this use where it would have less of an impact.
Surrounding Land Uses
The property is largely surrounded by farm land and vacant land, with some residential uses close
to Gamer Road. A legal non-conforming dwelling and an accessory building exist on the land.
Working Together to Serve Our Community
Clerks' Finance' Human Resources' Information Syslems . Legal' Planning & Development
'"
November 15,2004
-2-
PD-2004-102
Circulation Comments
Regional Municipality of Niagara
The use does not appear to contravene any
Regional or Provincial policies
Sewage disposal for the animal shelter may
require Regional Health Services Department
approval
Niagara Peninsula
Authority
Conservation
Due to the adjacent hazard lands, review by
NPCA is necessary if any new construction is
proposed
Municipal Works
No municipal services are available for the
development
A 5.0 metre (16.5 foot) wide strip of land is
required to be dedicated across the /Tontage of
the property if future development requires a
site plan agreement
Parks, Recreation & Culture
No objections
City Clerk
The applicant will need to comply with the
City's Animal Control By-law (No. 2002-
129). This by-law does not permit anyone
other than breeders /Tom keeping more than
three cats or dogs.
The applicant will need to separately seek an
exemption /Tom the Animal Control By-law.
Niagara Falls Humane Society
See letter attached to this report.
Planning Review
1.
The request complies with the intent and the purpose of the Official Plan.
The subject land is designated Industrial in the Official Plan. The predominant use of the
land is to be for industrial uses. The policies allow Council to consider amendments to the
Zoning By-law to permit other complementary uses within industrial districts in order to
accommodate changing market conditions. These uses are to be restricted as to their
location, size and extent of industrial operation so that the overall industrial function is not
diminished. The Official Plan also seeks to protect nearby residential uses /Tom industrial
uses that may produce offensive characteristics. The lands to the north are outside the urban
boundaries and are designated for Agricultural purposes.
The proposal conforms to the Official Plan as follows:
The subject land is separated /Tom a future residential area to the east by lands that
are subject to potential flooding (hazard lands). The shelter should be far enough
November 15, 2004
.3.
PD-2004.102
away from existing and future residential units that any impacts it may cause (i.e.,
noise) would be mitigated.
An animal shelter would be compatible with the Agriculturally designated lands on
the north side of McLeod Road.
Animal shelters are currently permitted in the General Industrial zone and would be
equally compatible with light industrial uses.
2.
The proposed zoning is appropriate.
The subject land is zoned LL The site specific zoning regulations are being sought to permit
an animal shelter on the portion of the property identified in Schedule 1. The rest of the
property is not impacted by the zoning change.
To address some ofthe concern raised by the Niagara Falls Humane Society and to ensure
the intent ofthe City's Animal Control By-law (2002-129, please refer to discussion below)
is met, the following regulations are proposed:
The shelter be restricted to the temporary keeping of dogs and cats. As per the points
raised by the Humane Society, keeping and rehabilitation of wild animals is subject
to specific approvals from the Province. In addition, the diseases carried by wild
animals make keeping of wild animals incompatible with nearby existing and future
residential uses. Incidentally, the operator has been primarily concerned with the
rescue of cats.
The shelter should be in a building separate from the dwelling on-site. Keeping a
large number of animals in a dwelling is not only contrary to the Animal Control By-
law, it is a mix of two incompatible uses under the same roof. The by-law should
restrict the animal shelter to the accessory structure shown ou Schedule 2.
The proposed definition that would cover the first poiut would be as follows:
Animal Shelter:
means a premise used for the care of lost, abandoned or neglected dogs
and cats, but shall not include the keeping of wild animals.
3.
An exemption to the Animal Control By-law will need to be sought.
By-law 2002- 129 permits only three dogs or cats per premises. In addition, rescue shelters
are limited to the care of dogs. The owner will therefore need to seek an exemption, separate
from the Zoning By-law amendment, to ensure this shelter is in conformity with all City by-
laws. A cap on the maximum number of animals that can be kept on the premises is also
proposed to be implemented. Adoption of the amending by-law should be conditional on
obtaining an exemption to By-law No. 2002-129.
The Humane Society has raised a number of other concerns about the operation ofthe facility
that cannot be regulated by a zoning by-law. The proper care of animals is handled by
Provincial regulations and the shelter will need to be policed by the proper authorities.
'"
November 15, 2004
-4 -
PD-2004-102
The shelter is currently in operation on the property contrary to the Zoning By-law. With this
in mind, the zoning should be implemented as soon as possible to ensure that the regulations
discussed above are implemented. It may be a considerable time before the criminal charges
mentioned in the Humane Society's letter are dealt with and this nonconforming situation
should be dealt with before that time.
CONCLUSION:
1.
The application can be supported for the following reasons:
The application conforms with the intent and purpose of the Official Plan;
An animal shelter is a compatible use in an industrial area;
The portion of the property being rezoned is surrounded by hazard lands providing
a buffer from future residential uses: and,
The amending zoning by-law will regulate the size of the shelter and its separation
from the existing dwelling and will also restrict the use to the storage of cats and
dogs.
2.
To maintain conformity with all municipal by-laws, the amending by-law should not be
passed until an exception to the Animal Control By-law is obtained.
Prepared by:
~~' pœ ffi> ~ .ro:;;:¡
hn MacDonald
Chief Administrative Officer
d~~
Andrew Bryce
Planner 2
Recommended by:
~k-
Doug Darbyson
Director of Planning & Development
Approved by:
~-
T. Ravenda
Executive Director of Corporate Services
AB:pb
Attach.
S;\PDR\2004\PD2004-102. AM46-2004. 9304 McLeod, Pmposed Animal Shelter.wpd
SCHED ULE 1
LOCATION MAP
Subject Lands
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Amending Zoning By-law No. 79-200
Location:
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Applicant:
Ralph Terrio
AM-46/2004
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Regional
NIAGARA
91
NOV 15/(11
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
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October 22, 2004
File: D.10.M.11.23
Mr. Andrew Bryce
Planner II
City of Niagara Falls
4310 Queen St., 2nd Floor
Niagara Falls, ON L2E 6X5
Dear Mr. Bryce:
Re:
Zoning By-law Amendment Application
Ralph Terrio,
South Side of McLeod Rd.
Between Beechwood & Garner Roads
Your File: AM-46/2004
Citv of Niaaara Falls
Regional Planning staff have reviewed the above noted amendment application for lands within
the Urban Area Boundaries of the City of Niagara Falls, as designated by the Regional Policy
Plan and the City's Official Plan.
As a use, Regional Planning is of the opinion that an animal shelter in this industrially zoned
area is appropriate. The use would not appear to contravene any Regional or Provincial
policies. There are, however, conservation, septic system and other issues which must,
ultimately, be addressed.
Through the site plan approval process, issues such as private waste disposal and location of
buildings and open pens must be addressed. The existing house on private services may be
adequately served by an existing private sewage system, however waste disposal from the
animal shelter operation may require Region Health Services Department approval. The nearby
location of a Type 2 (Important) Fish Habitat) will require that the Niagara Peninsula
Conservation Authority provide comments as to any concerns they may have.
If you have any questions, please do not hesitate to contact me.
Please provide us with a copy of Council's decision.
Y" O"u,r.s..tr..uIY, " ./
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¿~~v' J. Farley ,
Di ector of Planning Services
RECEIVED
OCT 2 6 2004
c:
Councillor W. Smeaton, Regional Municipality of Niagara
Mr. D. Darbyson, MCIP, RPP, Planning Director, City of Niagara Falls
Mr. W. Thomson, PO Box 62,Queenston, ON LOS 1LO
NaV 1 5 20D.L..
PLANNING MEETING.,._-
PLANNING
& DEVELOPMENT
cwh/Z8LA Amend-Terrio-NF
"" .~...
"'"
, .
October 28, 2004
, ~2DSh ,
VeL£; k.J<.> Pt3
NIAGARA FALLS HUMANE SOCIETY
6025 Chippawa Parkway, Niagara Falls, Ontario L2E 6X8
Telephone (905) 356-4404 Fax (905) 356.7652 Incorporated April 8, 1937
Doug Darbyson
Director of Planning and Development
City of Niagara Falls
4310 Queen St.
Niagara Falls, Ont.
L2E 6X5
RE: file AM-46/2004
Dear Doug:
RECEIVED
NOV-32OO1t
PLANNING
& DEVELOPMENT
Please find the Niagara Falls Humane Society response to the above
mentioned zoning by-law amendment application.
Rrst, it states in the letter(s) we received regarding this application that
"no new buildings are proposed". We have been assured on more than
one occasion that Claws and Paws Animal Rescue will be setting up. at
minimum. one more building and up to three. As well, there presently is a
new portable type building at the property waiting to be off-loaded. At
this point with just one structure on site they have housed more than 200
cats and if further structures are permitted this could rise almost
exponentially. 8elowwe will iterate our professional opinion regarding
animal use on that property, suffice to ask at this point - will the buildings
have appropriate services to properly house any animals present and to
mitigate any associated environmental concerns.
Secondly, the application states that the applicant would like to request
modifying the zoning to permit "the use as Animal Shelter". However,
there is no definition given in the application of animal shelter. Does this
mean companion animals, such as cats and dogs only? It states in the
Claws and Paws literature that they would like to expand to become a
horse sanctuary and wildlife rehabilitation center. Both these uses may
have an Impact on the encroaching suburban development as they will
require specialized buildings. and in the case of wildlife definitely have
"WE SPEAK FOR THOSE WHO CANNOT SPEAK FOR THEMSELVES"
www.niagarafallshumanesociety.com
environmental health issues. [For your information. any person who wishes
to rehabilitate wildlife must be licenced as a wildlife custodian with the
MNR after meeting their very stringent requirements.)
Further. if there is to be an animal shelter established at this site they
should be required to meet the same standards that all other animal
shelters must under the Animals for Research Act. There are very specific
regulations regarding structure, housing of animals, protection from
vermin, sanitation, record-keeping, ventilation, and care. Presently these
minimum standards are not achieved.
Thirdly, we have been infonmed by the operator, Sharon Allen, that they
accept for care or purposefully take off the street, stray cats, This is
contrary to the City's by-law and is considered theft by Ontario Ministry of
Agriculture and Food who oversee Animals for Research Act.
Finally, the City should be aware that both Sharon Allen and Ralph Terrio
have been charged criminally in connection with their actions at Claws
and Paws Animal Rescue.
At this point we would like to recommend that the City proceed very
cautiously with this application. At minimum we would recommend
deferring a decision regarding this application until the completion of the
criminal trials as their outcome may impact on the continuance of Claws
and Paws. If at some point the City considers granting the amendment
we would strongly recommend a cap on numbers of animals housed at
anyone time, a restriction on species of animals permitted to be housed
and, that a quarantine procedure be put In place when a zoonotic
disease breaks out in the population (presently the cats have ringworm.
yet the public Is still allowed to access these cats and they are being
adopted out).
If you have any questions regarding the above you can direct them to
myself up until Nov. 11th. OSPCA Inspector Don Horvath will be attending
the meeting on Nov. 15th.
Sincerely.
~(~}y~
Valerie Brown
General Manager
OSPCA Inspector
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalis.on.ca
Doug Darbyson
Director
PD-2004-108
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls.on.ca
November 15,2004
His Worship Mayor Ted Salci
and Members ofthe Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
RECOMMENDATION:
It is recommended that:
I)
PD-2004-108, Recommendation Report
Futino Estates Draft Plan of Subdivision 26T-1l-2004-05
Zoning By-law Amendment Application AM-40/2004
Owner: Evergreen Estates Development Ltd.
the Futino Estates Plan of Subdivision be draft approved subject to the conditions in the
attached Appendix;
2)
the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice
of Council's decision has been given as required by the Planning Act, provided no appeals
of the decision have been lodged;
3)
draft approval be given for three years, after which approval will lapse unless an extension
is requested by the developer and, subject to review, granted by Council; and
4)
the application to amend the Zoning By-law be approved as detailed in this report to provide
the necessary land use regulations to guide the development of the subdivision.
BACKGROUND:
Proposal
The applicant proposes to subdivide a 2.37 hectare (5.85 acre) site into 23 lots for single-detached
dwellings and three blocks of land for future single-detached residential use in combination with
abutting land to the south. The property is located on the east side of Garner Road, north of McLeod
Road and south of the hydro corridor as shown on Schedule I. A cul-de-sac roadway is proposed
connecting to McGarry Drive in the Garner Estates Phase 4 Plan of Subdivision to the south. There
are two lots with frontage on Garner Road. Schedule 2 illustrates the submitted subdivision layout.
Working Together to Serve Our Community
Clerks' Finance' Human Resources' Information Systems' Legal. Planning & Development
"'"
I I
November 15, 2004
- 2-
PD-2004-108
The site is currently zoned Development Holding (DH) by Zoning By-law No. 79-200. The
applicant has requested the zoning of the land be changed to the Residential Single Family Ie
Density (RI C) zone to guide the development ofthe subdivision and the construction of dwellings
on the land.
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 September 20, 2004.
At that meeting, the German Village Club abutting to the north requested that fencing be provided
between the proposed lots and the soccer field on their site. The required Public Meeting for the
zoning amendment is satisfied through tonight's meeting and provides another opportunity for public
comment.
Planning Review
Various matters were considered in assessing the proposed plan of subdivision and zoning
amendment. Based on this analysis, approval is recommended subject to typical subdivision
conditions and with minor modifications to the requested zoning amendment. The review of the
applications is addressed under the following headings.
Official Plan
The City's Official Plan designates the property Residential which permits a variety of housing types.
A compatible mix of housing types, lot sizes and densities is promoted by the Official Plan to
provide a full range of housing opportunities. The soccer field of the German Village Club abuts
the subdivision land to the north. There is vacant land to the east proposed for single-detached
homes through the Garner Estates Phase 5 draft plan of subdivision. Land to the south contains
single-detached and semi-detached lots within the recently registered Gamer Estates Phase 4
subdivision. Garner Road (Urban Area Boundary) and three existing dwellings ftonting on this
roadway are located to the west. This subdivision is an extension of a stub-end street in the abutting
plan. The proposed larger ftontage single-detached lots add to the mix of lot sizes in the
neighbourhood and is a reflection of the strong market for this type of housing. The development
should be compatible with the existing and approved uses in the area.
Garner Neighbourhood Secondary Plan
The policies of the Official Plan are refined through the Garner Neighbourhood Secondary Plan
which was adopted by Council in 1997 and updated in 2001. The Secondary Plan provides a
ftamework to guide development in this new growth area. A variety of housing types are encouraged
to accommodate the needs of different age groups, family sizes and incomes. The Secondary Plan
indicates a target housing mix of70% single/semi-detached units and 30% multiple residential units
in the overall Gamer Neighbourhood. Although there is no mix of housing types in this plan, the
property is relatively small. Subdivision proposals that include a multiple residential component are
encouraged by the Secondary Plan and will be necessary in compatible locations throughout the
neighbourhood in order to achieve the housing mix target.
November 15, 2004
.3.
PD-2004-108
Subdivision Design
The plan consists of land that was formerly portions of two large lots ftonting on Gamer Road
(#6894 and #6916). The City's Committee of Adjustment approved severance applications in 2003
to facilitate this land assembly (B 15/2003/NF & B 16/2003/NF). The general cul-de-sac design for
the majority of the lots is acceptable. The two proposed lots with direct access to Gamer Road
continues the lotting pattern on this arterial roadway. The creation of the three blocks of land for
future development with the abutting property with ftontage onto McGarry Drive is appropriate. The
further division of this large parcel to the south (Lot 108 in Gamer Estates Phase 4) was
contemplated in the review of this adjacent subdivision plan. The applicant and developer of Gamer
Estates Phase 4 and proposed Phase 5 plan may wish to consider the possible addition of rear
portions of Lots 16 and 17 to the abutting subdivisions to improve the lot configurations in those
plans.
The radius ofthe cul-de-sac bulb is required to be increased to an 18 metre right-of-way in order to
provide a proper pavement turning area and allow for the placemeut of services in the boulevard.
The Official Plan contains a policy that internal streets terminating in a cul-de-sac shall not normally
extend beyond 150 metres (492 feet). The overall length of Joseph Court is approximately 180
metres (590 feet). Emergency access issues for this road should be adequately addressed through
pavement and servicing design as well as parking restrictions. A condition respecting parking
limitations on the roadway is included. A widening of Gamer Road is required which is consistent
with other dedications taken recently along the street. Sidewalks are requested on Gamer Road to
provide linkages to the new residential area, schools and park facilities to the south and east. Cash-
in-lieu of parkland dedication is included as a condition. The developer has agreed to the installation
of chain-link fencing abutting the German Village Club soccer area along the north boundary of the
subdivision. It is not a municipal requirement to fence adjacent to private property, however, the
recreational use warrants the fencing to minimize any impacts of the activity.
Zoning Amendment
The requested R1C zoning permits a minimum lot ftontage of 15 metres (49.2 feet) for interior lots
and 18 metres (59.1 feet) for corner lots. The minimum lot area requirement is 550 square metres
(5920 square feet). The proposed lots all exceed these standards and the amendment is appropriate.
Lots 1 and 2 with access to Gamer Road are very deep parcels. The two existing properties to the
north are lots of similar depth and the dwellings are substantially set back ftom the street. The
minimum front yard depth requirement of the standard R1C zone is 6 metres (19.7 feet). An
increased front yard setback is desirable for these proposed lots to allow a better transition along the
streetscape and address the rural character to the west of Gamer Road. Staff and the developer's
agent/solicitor discussed this matter and have agreed to a special 13.7 metre (45 foot) minimum
dwelling setback for Lots 1 and 2. The depth of the lots can accommodate this recommended
provision while maintaining a large rear yard amenity area and building envelope.
As noted earlier, Blocks 24, 25 and 26 are to be developed in combination with land to the south
(this property will need to be divided through the Part Lot Control process). The abutting land is
zoned Residential Single Family IE Density (RlE) as are other lots ftonting onto McGarry Drive.
These future combined lots would exceed the minimum lot size provisions but the blocks within the
current plan should be zoned RlE to avoid technical issues with respect to split zone categories.
November 15, 2004
-4 -
PD-2004-108
Regioual Comments
The Regional Planning and Development Department notes that the subdivision provides large
frontage lots and the City should detennine ifthe plan is acceptable in relation to municipal policies
and development trends in the surrounding area. The Region acknowledges that not all
developments (especially smaller sites) are expected to provide affordable housing and does not
recommend a mix of housing types in this plan. In addition to standard servicing conditions, the
Regional Public Works Department has requested a condition that the cul-de-sac pavement area be
sized to satisfY access requirements for waste collection vehicles. Regional Planning also reviewed
the subdivision with regard to Provincial policies. The Region suggests that fencing and dwelling
construction techniques be considered to minimize conflicts from the abutting recreational use. A
stonnwater management plan is required.
Agency Comments
Canada Post advises that the residents of the new lots will be served by Community Mailboxes. In
addition, the developer will be required to enter into separate agreements with several utility
companies.
CONCLUSION:
The Futino Estates Draft Plan of Subdivision is an appropriate development of the site. The
application complies with the policies of the Official Plan and Gamer Neigbbourhood Secondary
Plan. The recommended zoning by-law amendment will provide suitable regulations for the
construction ofthe dwellings and ensure land use compatibility. The required conditions of approval
are listed in the Appendix.
z:;~
Richard Wilson
Planner 2
RJU};¡itted:
~ John MacDonald
Chief Administrative Officer
Recommended by:
Doug Darb son
Director of Planning & Development
Approved by:
TM'
Executive Director of Corporate Services
RW:gd
Attach.
SoIPDR\2004\PD2004-tO8, Futino Estates Draft Ptan ofSubdivision.wpd
November 15, 2004
- 5.
PD.2004-108
APPENDIX
Conditions for Draft Plan Approval
1.
Approval applies to the Futino Estates Draft Plan of Subdivision prepared by Matthews,
Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated July 16, 2004 showing 23 lots for
single-detached dwellings and Blocks 24, 25 and 26 for future residential use in combination
with abutting land.
2.
The developer enter into a registered Subdivision Agreement with the City to satisfY all
requirements, financial and otherwise, related to the development ofthe land. Note: Should any
other body wish to have its conditions included in the Subdivision Agreement, they may be
required to become party to the Subdivision Agreement for the purpose of enforcing such
conditions.
3.
The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City
Solicitor prior to the preparation of the Subdivision Agreement.
4.
The subdivision be designed and constructed in accordance with City standards which, in part,
includes the following:
a)
construction of 8.0 metre wide pavement on the straight roadway sections and a 14.7
metre wide pavement radius (15.0 metre radius including curb/gutter) on the cul-de-sac
bulb;
provision of an 18.0 metre right-of-way radius on the cul-de-sac bulb;
dedication of appropriate daylighting triangles at all intersections;
dedication ofthe road allowance to the City as public highway and the street named to the
City's satisfaction;
dedication of a 3.05 metre (10 foot) road widening to the City along the east side of
Garner Road (Block 27);
provision of water distribution, sanitary sewer and stonn sewer systems including both a
major and minor stonn sewer design concept;
weeping tile flow to be directed to the stonn sewer by use of sump pumps;
provision of an overland stonnwater flow route; and
application of the City's Lot Grading and Drainage Policy.
b)
c)
d)
e)
f)
g)
h)
I)
5.
The developer construct a sidewalk to City standards on the east side of Garner Road abutting
the plan.
6.
The existing 0.3 metre reserve at the present terminus of Joseph Court (Block 116, 59M-324)
be dedicated to the City as public highway.
7.
The developer submit a legal undertaking to Fire Services and the Municipal Works Division
- Traffic & Parking Services agreeing to restrict parking to one side of the street and include
a clause in all Offers of Purchase and Sale advising prospective purchasers of the parking
restrictions in the plan.
8.
The developer pay the Development Charges in force at the time of execution of the subdivision
agreement.
"'"
I .
18.
19.
20.
21.
November 15, 2004
-6-
PD-2004-108
9.
The developer grant the City and Public Utilities any easements required to service the
subdivision.
10.
The developer enter into an agreement (Letter of Understanding) with Bell Canada complying
with any underground servicing conditions imposed by the municipality, and if no such
conditions are imposed, the developer shall advise the municipality of the arrangement made
for such servicing.
11.
The developer pay the City cash-in-lieu of 5% parkland dedication.
12.
The developer provide 6 foot high chain-link fencing along the north boundary of the plan
abutting the Gennan Village Club soccer fields.
13.
The developer provide boulevard trees in accordance with City policy.
14.
The developer receive fmal approval from the City to the zoning by-law amendment to provide
land use regulations to guide the development of the subdivision.
IS.
The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor
to Planning & Development confinning that all lots comply with the Zoning By-law.
16.
The developer provide five copies of the pre-registration plan to Planning & Development and
a letter stating how all the conditions imposed have been or are to be fulfilled.
17.
The detailed design drawings for the water, sanitary sewer and stonn sewer facilities for this
plan be submitted by the developer to the Regional Public Works Department for review and
approval.
The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of
the Regional Public Works Department for the necessary servicing for this development.
The developer provide a pavement area with a minimum radius of 12.8 metres on the cul-de-sac
bulb.
Immediately following notice of draft plan approval, the developer submit a letter to the
Regional Planning and Development Department acknowledging that draft approval of this
subdivision does not include a commitment of servicing allocation by the Region. Servicing
allocation will be assigned instead at the time of final approval of the subdivision for
registration purposes, and a similar clause be inserted in the subdivision agreement between the
developer and the City.
Immediately following notice of draft plan approval, the developer provide the Regional
Planning and Development Department with a written undertaking that all offers and
agreements of purchase and sale which may be negotiated prior to registration of this
subdivision shall contain a clause clearly indicating that a servicing allocation for this
subdivision will not be assigned until the plan is granted final approval for registration.
November 15, 2004
-7 -
PD-2004-108
22.
Prior to approval ofthe final plan or anyon-site grading, the developer submit two copies of a
detailed stonnwater management plan to the Regional Planning and Development Department,
designed and sealed by a suitably qualified professional engineer in accordance with the
Ministry ofthe Environment documents entitled "Stonnwater Management Practices Planning
and Design Manual", March 2003,"Stonnwater Quality Guidelines for New Development",
May 1991 and with the Warren Creek Watershed Master Plan, and the developer agree in the
executed subdivision agreement to implement the approved stonnwater management plan.
Note: The Region may request the Niagara Peninsula Conservation Authority to review these
plans on the Region's behalf and to submit comments on them to the Regional Planning and
Development Department which is the clearance agency for this condition.
Clearance of Conditions
Prior to granting approval to the final plan, Planning & Development requires written notice from
applicable City Divisions and the following agencies indicating that their respective conditions have
been satisfied:
Bell Canada for Condition 10
Regional Niagara Public Works Department for Conditions 17, 18 and 19
Regional Niagara Planning and Development Department for Conditions 20, 21 and 22
'"
SCHEDULE 1
Proposed Plan of Subdivision &
Zoning By-Law Amendment Application
Futino Estates
26T-11-2004-05 & AM-40/2004
Location Map
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The City of ~~
Niagara Falls 'I
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Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2004-107
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city.niagarafalis.on.ca
November 15, 2004
His Worship Mayor Ted Sa1ci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
RECOMMENDATION:
It is recommended that:
1)
PD-2004-107, Recommendation Report
Garner Village Draft Plan of Subdivision 26T -11-2004-04 (Revised)
Zoning By-law Amendment Application AM-20/2004
Owner: 456941 Ontario Ltd. (Silvestri Investments)
the Gamer Village Plan of Subdivision be draft approved subject to the conditions in the
attached Appendix;
2)
the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice
of Council's decision has been given as required by the Planning Act, provided no appeals
of the decision have been lodged;
3)
draft approval be given for three years, after which approval will lapse unless an extension
is requested by the developer and, subject to review, granted by Council; and
4)
the application to amend the Zoning By-law be approved as detailed in this report to provide
the necessary land use regulations to guide the development of the subdivision.
BACKGROUND:
Proposal
The applicant proposes to subdivide a 6.11 hectare (15.10 acre) site into IS lots for semi-detached
dwellings (36 units), I I blocks for on-street townhouses (60 units), a block for parkland and a block
ofland for stormwater management. The property is located between Gamer Road and Kalar Road,
north of McLeod Road and south of the hydro corridor as shown on Schedule I. The road pattern
contains a cul-de-sac, connecting east-west street and extensions to existing and proposed north-
south streets in the abutting subdivisions. The collector roadways terminate at the north limit ofthe
proposed plan to be continued across the hydro corridor to the land to the north in the future.
Schedule 2 illustrates the submitted subdivision layout.
Working Together to Serve Our Community
Clerks' Finance' Human Resources' Information Systems' Legal' Planning & Development
"'"
, .
November 15, 2004
-2 -
PD-2004-107
The site is currently zoned Development Holding (DH) by Zoning By-law No. 79-200. The
applicant has requested the zoning of the land be changed to a modified Residential Mixed (R3)
zone. The permitted uses within this zone include single-detached, semi-detached and on-street
townhouse dwellings. Special zoning provisions are requested to allow reductions to minimum lot
areas, interior side yard setbacks and front yard setbacks for the dwelling portion of each building.
In addition, an increase in maximum lot coverage is requested.
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 September 20, 2004.
Several area residents spoke at the meeting, submitted letters to the City and had discussions with
staff expressing opposition to the proposed townhouses and semi-detached dwellings in the plan.
The residents note existing townhouses/apartments along Kalar Road and McLeod Road and also
have concerns regarding decreased property values resulting from the development. The required
Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides
another opportunity for public comment.
Planning Review
Various matters were considered in assessing the proposed plan of subdivision and zoning
amendment. Based on this analysis, approval is recommended subject to revisions to the plan,
detailed conditions of approval and with modifications to the requested zoning standards. The
review of the applications is addressed under the following headings.
Official Plan
The City's Official Plan designates the property Residential which permits a variety of housing types.
A compatible mix of housing types, lot sizes and densities is promoted by the Official Plan to
provide a full range of housing opportunities. The subdivision abuts a hydro corridor to the north.
Land for future residential development is located further north. There is a soccer facility to the east
and an elementary school to the southeast. The property is adjacent to single-detached lots and a
stormwater/trail area to the south within the Garner Estates Phase 3 subdivision as well as vacant
land proposed for single-detached homes (Garner Estates Phase 5 draft plan application). The
western limit of the subject land abuts two existing residential properties and Garner Road (Urban
Area Boundary). With the modifications to the placement of specific residential types discussed later
in the report, the development should be compatible with the existing and future surrounding uses.
Garner Neighbourhood Secondary Plan
The policies of the Official Plan are refined through the Garner Neighbourhood Secondary Plan
which was adopted by Council in 1997 and updated in 200 I. The Secondary Plan provides a
framework to guide development in this new growth area west ofKalar Road. A variety of housing
types are encouraged to accommodate the needs of different age groups, family sizes and incomes.
Multiple family housing is to be integrated into the neighbourhood in a compatible manner in
locations adjacent to schools, parks, open space and other community facilities. The Secondary Plan
indicates a target housing mix of70% single/semi-detached units and 30% multiple residential units
in the overall Garner Neighbourhood.
November 15, 2004
-3 -
PD-2004-107
The subdivision proposal of semi-detached lots and on-street multiple units complies with the
policies ofthe Secondary Plan - however, changes are recommended to address compatibility issues.
The Garner Estates subdivision (Phases 1,2 and 3) was approved for single-detached housing, in
part, to separate future townhouse and/or apartment sites within the Gamer area from the relative
concentration of multiple unit development on the east side ofKalar Road. Medium density housing
should be distributed throughout the neighbourhood in keeping with location criteria. At present,
the housing mix target is not being achieved as only single-detached and some limited semi -detached
lots are established.
Provincially Significant Wetland
There is a wooded area at the west limit of the plan (Block 31) that is designated as a Provincially
Significant Wetland (PSW). Development is prohibited in such areas and Provincial policies only
allow development on adjacent lands (within 120 metres) where it is demonstrated that there will
be no negative impacts. The applicant submitted a required Environmental Impact Study (EIS) that
was reviewed by the Region. The EIS proposes mitigation measures (eg. chain-link fencing and
setbacks along the boundary) which are included as conditions of approval. The Region notes that
Block 31 should be zoned as an Environmental Protection Area to preclude development. The
applicant proposes the dedication of this land to the City as a park. The PSW abuts the hydro
corridor and a large woodlot/wetland is located further north. The land carmot be developed for
urban uses and Parks, Recreation & Culture is willing to accept the property as part of the open space
system. Chain-link fencing is requested around the perimeter of Block 31 (except abutting Garner
Road and the hydro corridor) to protect this environmentally sensitive area ftom residential
encroachments.
Subdivision Design
Schedule 3 illustrates the recommended revisions to the subdivision proposed by stare The general
layout of the plan is acceptable given the property configuration constraints, however, improvements
are shown in locating dwelling types to address compatibility and area resident concerns. In this
regard, the developer indicated some flexibility in the plan design in order to respond to the issues
raised by the public. The main change is the provision of single-detached lots with access to the
north-south collector roadways (parkside Road and Street "A") on the land that abuts existing single-
detached lots to the south. This allows the completion of a similar streetscape, reduces individual
driveway entrances onto the higher traffic roadways and provides a more compatible transition to
the on-street townhouse development that is internal to the plan. The cul-de-sac should be relotted
to provide all semi-detached lots rather than include the one block for on-street townhouses at the
intersection with Street "A". The unit mix in the revised subdivision is 1 0 single-detached lots, 44
semi-detached units and approximately 35 on-street townhouse dwellings - total 89 units (the
original submission provided 96 units).
There is a requirement for 1 foot (0.3 metre) reserves along several street sections to ensure the
access locations for the future dwellings and address the technical lot ftontage definition and
application of zoning setbacks. Sidewalks are to be provided in accordance with municipal policy.
Block 34 is an extension of the open stormwater channel but this drainage feature is not required to
the north of Street "B". A recreational trail is planned for construction within the stormwater area
to the south and a 9.1 metre (30 foot) block ofland is requested north ofthe street in order to connect
the trail system with the hydro corridor open space.
"'"
November 15, 2004
-4-
PD-2004-107
Zoning Amendment
The Development Holding (DH) zoning currently on the land is an interim category in place pending
specific development applications. The requested R3 classification pennits single-detached, semi-
detached and on-street townhouse dwellings with specific lot size and setback standards. This
general zoning category is appropriate for the semi/townhouse lands within the plan. However, the
revised parcels for single-detached housing should be zoned Residential Single Family IE Density
(RlE) which is the same zone as the abutting lots to the south on Parkside Road. The proposed
single-detached lotting exceeds the minimum lot area of370 square metres (3,983 square feet) and
minimum frontage of 12 metres (39.4 feet) of the zone. Block 31 containing the Provincially
Significant Wetland is recommended for an Environmental Protection Area zone with the abutting
lots in the RlE zone providing a minimum 7.5 metre (24.6 foot) setback from the boundary for all
buildings and structures.
Modifications are requested to the standard R3 provisions to allow flexibility in dwelling
construction since detailed dwelling designs have not been prepared. The zoning by-law requires
minimum lot areas of600 square metres (6,459 square feet) for semi-detached lots and 200 square
metres (2,153 feet) per unit for on-street townhouse dwellings. Reductions are requested to allow
550 square metres (5,920 square feet) and 190 square metres (2,045 square feet) per unit for semis
and on-street townhouses, respectively. These changes are minor and acceptable. The minimum
interior side yard width requirement for a two-storey semi-detached dwelling (1.8 metres/5.9 feet)
and for an on-street townhouse dwelling (3 metres/9.8 feet) are both requested to be reduced to 1.2
metres (3.9 feet). These alterations to zoning standards are not supported. The semi-detached
dwelling setback should be maintained to provide adequate separation between houses and preserve
an attractive streetscape. Given that the majority of block sizes would allow only four or five on-
street townhouse units to be constructed, a lesser interior side yard can be considered but not to the
extent requested. Staff could support a setback of 2.4 metres (7.9 feet) that should still address
separation and streetscape principles.
The developer proposes a setback ITom the street line to the dwellings of 4.5 metres (14.8 feet) while
maintaining the by-law standard of 6 metres (19.7 feet) for the garage portion of the dwellings.
Similar requests have been approved in recent applications. These setbacks for the different
components of the dwelling are appropriate and would ensure adequate space to park at least one
vehicle in the driveway while allowing house design flexibility and a consistent setback with the
exterior side yard. However, the requested maximum lot coverage of 60% compared to the 40%
pennitted in the R3 zone regulations is not supported. This amount of building coverage would
result in an overdevelopment of each site and is likely not feasible when the rear yard depth
requirement is considered. A lot coverage of 45% can be allowed in recognition of the minor
adjustment to the front yard setback for the dwelling.
Regional Comments
The Regional Planning and Development Department notes that the subdivision contains a desirable
mix of housing types and the density represents an efficient use of land. The proposal has the
opportunity to provide affordable housing in the neighbourhood. The Regional Public Works
Department has requested standard servicing conditions. Regional Planning also reviewed the
subdivision with regard to Provincial policies. The recommendations ofthe submitted EIS regarding
the Provincially Significant Wetland are to be implemented through the subdivision agreement.
Conditions for the review and approval of plans for stonnwater management, lot grading, sediment
and erosion control and an archaeological assessment are also included.
November 15, 2004
-5.
PD-2004-107
Agency Comments
Hydro One has requested conditions for fencing and approval of the lot grading/drainage plan,
advises of requirements during construction and provides a safety notification regarding abutting
high voltage transmission lines. In addition, the developer will be required to enter into separate
agreements with several utility companies.
CONCLUSION:
The Garner Village Draft Plan of Subdivision, with the lotting modifications as discussed in this
report, is an appropriate development of the site. The application complies with the policies ofthe
Official Plan. The addition of multiple residential dwellings in this area is supported by the Garner
Neighbourhood Secondary Plan. The recommended zoning by-law amendment will provide suitable
regulations for the construction of the dwellings and ensure land use compatibility. The required
conditions of approval are listed in the Appendix.
Prepared by:
~~
Richard Wilson
Plarmer 2
Respectfully submitted:
fil::~<4/
Chief Administrative Officer
Recommended by:
'bDL--
Doug Darbyson
Director of Planning & Development
Approved by:
. -J(JJ¡{)&J-
Tony Ravenda
Executive Director of Corporate Services
RW:gd
Attach.
S,IPDR\2004IPD2004-107, Gamer Village Draft Plan of Subdivision.wpd
'"
November 15, 2004
- 6-
PD-2004-107
APPENDIX
Conditions for Draft Plan Approval
1.
Approval applies to the Garner Village Draft Plan of Subdivision prepared by Upper Canada
Consultants, dated March 30, 2004 and revised by the City on November IS, 2004, showing
10 lots for single-detached dwellings, 22 lots for semi-detached dwellings, 8 blocks for on-street
townhouses, Block 31 for wetland/woodlot, Block 34 for stormwater management and a block
of land for a recreational trail.
2.
The developer enter into a registered Subdivision Agreement with the City to satisfY all
requirements, financial and otherwise, related to the development of the land. Note: Should any
other body wish to have its conditions included in the Subdivision Agreement, they may be
required to become party to the Subdivision Agreement for the purpose of enforcing such
conditions.
3.
The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City
Solicitor prior to the preparation ofthe Subdivision Agreement.
4.
The subdivision be designed and constructed in accordance with City standards which, in part,
includes the following:
a)
construction of9.15 metre wide pavement on Parkside Road and Street "A", 8.0 metre
wide pavement on the remaining straight roadway sections and a 14.7 metre wide
pavement radius (15.0 metre radius including curb/gutter) on the cul-de-sac bulb;
dedication of appropriate daylighting triangles at all intersections;
dedication of the road allowances to the City as public highway and the streets named to
the City's satisfaction;
provision of water distribution, sanitary sewer and storm sewer systems;
weeping tile flow to be directed to the storm sewer by use of sump pumps;
provision of an overland stormwater flow route; and
application of the City's Lot Grading and Drainage Policy.
b)
c)
d)
e)
f)
g)
5.
The developer construct sidewalks to City standards on both sides of Parks ide Road and Street
"A", and on one side of Street "B".
6.
The developer dedicate 0.3 metre reserves (Blocks 30, 32 & 33) to the City at the terminus of
the dead-end streets to be continued in the future.
7.
The developer dedicate 0.3 metre reserves to the City to preclude access !Tom the abutting
properties in the following locations: east side of Lots 10, 19A & 19B; west side of Block 20;
east and west side of Block 28; south side of Blocks 21 & 22; and north side of Block 26.
8.
The developer pay the Development Charges in force at the time of execution of the subdivision
agreement.
9.
The developer grant the City and Public Utilities any easements required to service the
subdivision.
16.
17.
18.
19.
20.
21.
November 15, 2004
.7.
PD-2004.107
10.
The developer enter into an agreement (Letter of Understanding) with Bell Canada complying
with any underground servicing conditions imposed by the municipality, and if no such
conditions are imposed, the developer shall advise the municipality of the arrangement made
for such servicing.
11.
The developer dedicate a walkway block (9.1 metres in width) on the north side of Street "B"
to the City as a portion of the parkland requirement for the plan and provide 6 foot high chain-
link fencing on the east and west sides of the block. A 9.1 metre wide (recreational trail)
section of Block 34 shall be credited as parkland. The developer shall pay the City cash-in-lieu
for any shortfall of 5% parkland dedication.
12.
The developer transfer Block 31 to the City and provide 6 foot high chain-link fencing around
the perimeter (except abutting Gamer Road and the hydro corridor).
13.
The developer provide boulevard trees in accordance with City policy.
14.
The developer receive final approval from the City to the zoning by-law amendment to provide
land use regulations to guide the development of the subdivision.
15.
The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor
to Planning & Development confirming that all lots comply with the Zoning By-law.
The developer provide five copies of the pre-registration plan to Planning & Development and
a letter stating how all the conditions imposed have been or are to be fulfilled.
The detailed design drawings for the water, sanitary sewer and storm sewer facilities for this
plan be submitted by the developer to the Regional Public Works Department for review and
approval.
The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of
the Regional Public Works Department for the necessary servicing for this development.
Immediately following notice of draft plan approval, the developer submit a letter to the
Regional Planning and Development Department acknowledging that draft approval of this
subdivision does not include a commitment of servicing allocation by the Region. Servicing
allocation will be assigned instead at the time of final approval of the subdivision for
registration purposes, and a similar clause be inserted in the subdivision agreement between the
developer and the City.
Immediately following notice of draft plan approval, the developer provide the Regional
Planning and Development Department with a written undertaking that all offers and
agreements of purchase and sale which may be negotiated prior to registration of this
subdivision shall contain a clause clearly indicating that a servicing allocation for this
subdivision will not be assigned until the plan is granted final approval for registration.
Prior to approval ofthe final plan or anyon-site grading, the developer submit two copies of a
detailed stormwater management plan and the following to the Regional Planning and
Development Department, designed and sealed by a suitably qualified professional engineer in
accordance with the Ministry ofthe Environment documents entitled "Stormwater Management
22.
23.
24.
25.
26.
November 15, 2004
-8 -
PD-2004-107
Practices Planning and Design Manual", March 2003, and "Stormwater Quality Guidelines for
New Development", May 1991, and the developer agree in the executed subdivision agreement
to implement these approved plans:
a)
detailed lot grading and drainage plans, noting both existing and proposed grades and the
means whereby overland flows will be accommodated across the site; and
detailed sediment and erosion control plans.
b)
Note: The Region may request the Niagara Peninsula Conservation Authority to review these
plans on the Region's behalf and to submit comments on them to the Regional Planning and
Development Department. The Regional Planning and Development Department is the
clearance agency for this condition.
The recommendations of the Environmental Impact Study prepared by 1. Campbell &
Associates, dated June 14, 2003, be implemented through appropriate provisions in the
subdivision agreement to the satisfaction of the Regional Planning and Development
Department.
An archaeological assessment be conducted of the site by a licensed archaeologist and adverse
impacts to any significant archaeological resources found on the site be mitigated through
preservation or resource removal and documentation. No demolition, grading or other soil
disturbances shall take place on the subject property prior to the Ministry of Culture, through
the Regional Planning and Development Department, confirming that all archaeological
resource concerns have met licensing and resource conservation requirements. Note: A copy
of the archaeological assessment report is also to be submitted to the Regional Planning and
Development Department for information. While the Ministry of Culture is the approval
agency, the Regional Planning and Development Department is the clearance agency for this
condition.
The developer install temporary fencing prior to construction and permanent fencing after
construction is completed, both at their own expense, along the boundary of the Hydro One
transmission corridor.
The developer submit a copy ofthe lot grading and drainage plan, showing existing and final
grades, to Hydro One for review and approval.
Immediately following notice of draft approval, the developer submit a letter to Hydro One
acknowledging that the abutting transmission corridor is not to be used without express written
permission of Hydro One, that during construction, there will be no storage of materials or
mounding of earth or other debris on the transmission corridor, and the developer will be
responsible for restoration of any damage to the transmission corridor or facilities thereon
resulting from construction of the subdivision. Furthermore, the costs of any relocations or
revisions to Hydro One facilities which are necessary to accommodate this subdivision will be
borne by the developer.
Note: The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000
volts. Section 186 - Proximity - of the Regulations for Construction Projects in the
Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20
November 15,2004
- 9-
PD-2004-107
feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15
feet), and for 115 kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to
be aware, and to make all personnel on site aware, that all equipment and personnel must come
no closer than the distance specified in the Act. They should also be aware that the conductors
can raise and lower without warning, depending on the electrical demand placed on the line.
Clearance of Conditions
Prior to granting approval to the final plan, Planning & Development requires written notice ITom
applicable City Divisions and the following agencies indicating that their respective conditions have
been satisfied:
Bell Canada for Condition 10
Regional Niagara Public Works Department for Conditions 17 and 18
Regional Niagara Planning and Development Department for Conditions 19, 20, 21, 22 and 23
Hydro One for Conditions 24, 25 and 26
SCHEDULE 1
Proposed Plan of Subdivision &
Zoning By-Law Amendment Application
Garner Village
26T-11-2004-04 & AM-20/2004
Location Map
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6809 Parkside Road
Niagara Falls, ON
L2H 3N2
August 30, 2004
To: The city of Niagara Falls Planning and Development Department
Att: Doug Darbyson
The purpose of our letter is to again express our strong objection to the proposed site of
Garner Village at the end of Parks ide Road.
By allowing a subdivision of townhouses and semi detached houses in the Garner Estates
you will impose on present residents of Garner Estates inevitable consequences of
mixing homes of lesser values with the homes already existing. This proposal is totally
unfair to all the people already living in this area. This is a quite, family oriented
neighborhood with great potential of being a desirable neighborhood of south of Niagara
Falls. Squeezing proposed semis and multiple town houses in this area would drastically
change the character of Garner Estate. We will not be too far of the line by stating that
non of the people making this decision would want to see low income housing being
build next to hislhers neighborhood.
There are numerous townhouse units in the close proximity of the subdivision
already. It's probably more than enough to balance out homes in all phases of Garner
Estates. With The Futino Estate planned on the west side of this subdivision it would be
logical to continue building homes of equal value.
We'll go one step further and suggest that municipal rules of mixing homes of
extreme values are not working.
As the tax payers of the City of Niagara Falls we have a right to decide how our
neighborhood will be shaped and we Do Not want townhouses and semi-detached homes
in this area. Some bank commercial says that "buying a home is a single most important
investment in people lives". Well, why would you want to temper with dreams &
investments of people who already live in Garner Estates subdivision?
We hope that you would reconsider the proposal and designate the site as a single
homes subdivision.
1ff;;J ¡:ø-
Jad & Marian Narbutt
RECEIVED
NOV - ~ 2004
PLANNING
& DEVELOPMENT
"'"
Corporate Services Department
PD.2004.103
~~ Planning & Development
The City of 4310 Queen Street
Niagara Falls P.o. Box 1023
Canada Niagara Falls, ON L2E 6X5
'" web site: www.city.niagarafalls.on.ca
...t
-- - Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
November 15, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD 2004-103, Zoning By-law Amendment Application
AM-47/2004, 6754 & 6788 Thorold Stone Road
Applicant: 1184568 Ontario Limited
Proposed Increase in Size of Commercial Units
RECOMMENDATION:
It is recommended that Council:
I)
approve the requested zoning by-law amendment application to pennit the maximum floor
area allowed per use to be increased to 450 square metres (4,844 square feet); and
2)
pass the amending by-law, included on tonight's agenda, to implement the above noted
recommendation.
BACKGROUND:
1184538 Ontario Limited has requested an amendment to the Zoning By-law for aO.58 hectare (1.4
acre) parcel ofland known as 6754 and 6788 Thorold Stone Road, as shown on Schedule 1. A
stand-alone restaurant and a recently constructed plaza exist on the property. The amendment is
requested to increase the maximum floor area allowed per use.
The land is zoned Neighbourhood Commercial (NC-234) with site specific provisions to guide its
use and development. The applicant is requesting further site specific provisions to allow the uses
in the newly constructed plaza to be a maximum of 450 square metres (4,844 square feet) rather than
the current limit of230 square metres (2,476 square feet). The existing development is shown on
Schedule 2.
The land was developed in accordance with a number of site specific standards including regulations
controlling the setbacks ofthe existing plaza and restaurant, capping the maximum floor area to the
existing restaurant and requiring landscaping. These site specific regulations are not being altered
and no additions to the plaza or restaurant are proposed. Development has occurred under an
approved site plan and site works are proceeding under a site plan agreement.
Working Together to Serve Our Community
Clerks. Finance. Human Resources. Information Systems. Legal. Planning & Development
'"
November 15, 2004
-2 -
PD-2004-103
Surrounding Land Uses
The property is located at the easterly limit of the commercial node at the intersection of Dorchester
Road and Thorold Stone Road. Single detached dwellings lie to the east and south of the subject
land, while multiple residential dwellings lie immediately to the north and west.
Circulation Comments
Regional Municipality of Niagara
The requested change does not offend any
Regional or Provincial policies.
Parks, Recreation & Culture
No objections
The City tree located on Confederation
Avenue damaged during construction of the
plaza is to be replaced at the developer's cost.
Municipal Works
No objections
Planning Review
1.
The proposal complies with the intent and purpose ofthe Official Plan.
The land is part of a designated Minor Commercial node at the intersection of Thorold Stone
Road and Dorchester Road. The land is zoned site specific Neighbourhood Commercial
(NC-234). The zoning for this land was established under a Residential designation in 1989.
The CUITent designation came into force in 1993. Lands under this designation are typically
zoned General Commercial. A wide range of retail outlets, personal service shops and a
limited number of offices, all on a small scale to serve a segment of the population, are
expected in the node. Development in the form of plazas and multi-unit buildings is
encouraged to provide orderly development.
The request for a modest increase in the size of uses meets the intent of the Minor
Commercial designation. The plaza is typical of the development found in other minor
commercial districts in the City. Uses of this scale will still perform a function of serving
the surrounding community rather than the city as a whole. As the floor area of the plaza is
not being increased, this change should not adversely affect the sUITounding residential
community.
2.
The requested amendment in appropriate.
The lands are zoned NC-234. The permitted uses include a bake shop, bank, clinic, office,
personal service shop, restaurant, retail store and service shop. These uses are intended to
serve the day-to-day needs of the surrounding community. There are no changes to the
permitted uses and other than the increase in the size ofthe use, no changes in standards are
proposed.
The current cap of230 square metres (2,476 square feet) was implemented in By-law No.
79-200 in 1979. Since this time, there has been an overall market trend to larger commercial
units for uses normally found in neighbourhood plazas, such as banks and convenience
stores. It is appropriate to site specifically increase the size of the uses.
November 15, 2004
.3.
PD.2004.103
Zoning By-law No. 79-200 requires additional parking for most uses that exceed 450 square
metres (4,844 square feet) in area. Ifuses were permitted in excess of this size, the parking
demands would likely exceed available parking on the site. Therefore, it is appropriate to
cap the square footage at 450 square metres.
The existing restaurant on the site is permitted by a previous minor variance to have a floor
area of 698 square metres (7,513 square feet). Parking requirements for restaurants are based
on seating capacity, not floor area. Therefore, restaurants should not be subject to the
proposed regulation.
CONCLUSION:
The amendment can be supported for the following reasons:
The proposal to increase the size of a use is within the intent of the Minor Commercial
designation of the lands;
The neighbourhood commercial plaza will still serve the day-to-dayneeds of the surrounding
community; and
The amending by-law on tonight's agenda implements the above recommendation.
~~
Planner 2
Respectfully su~mitte;:J
~ In "17-"1/(
ohn MacDonald
Chief Administrative Officer
Recommended by:
.,~.
\ "
, ...---
Doug Darbyson
Director of Planning & Development
AiQv.
T. Ravenda
Executive Director of Corporate Services
AB:pb
Attach.
S:IPDR\20041PD2004-IO3. Thorold Stone Rd Increase in size ofCotnmeccial Units,wpd
"'"
SCHEDULE 1
LOCATION MAP
Subject Lands
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Amending Zoning By-law No. 79-200
Location:
Applicant:
6754 - 6788 Thorold Stone Rd
1184538 Ontario Limited
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-þ Planning
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/c.L~IZ.I(S P6
City of Niagara Falls
4310 Queen Street
Niagara Falls
Debbie and Tom Barnes
28 Bridge Street
Port Robinson On LOS IKO
Re: City File # AM-47/2004 Application to amend zoning By Law 79-200
I am an owner of two Niagara Falls Properties
I would like to comment on the upcoming amendment to the zoning Bylaws If this
proposal is to double the square footage then I would expect that they are planning a
second story. It is not explained in the letter we received.
I) There is not any indication of who will be leasing this space yet however; I believe
there are insufficient parking spaces available for any type of retail use. There is little
street side parking nearby for any employees to park on. I already think at the present
size of2476 sq. feet that parking is already going to be an issue and any attempt to
increase the size of rentable space will stress that limited parking further.
2) This is still a highly residential neighborhood. Single floor buildings are still in the
majority and the present businesses in the area are for the most part still single story. It
fits into the residential plan. The property in its present form is already in eyesore.
3) There is still many retail spaces not occupied in the area. All of the local plazas at the
moment have spots that are vacant. Do we really need more?
Thank you for your consideration.
RrYJ~.. ()
~s
RECEIVED
PL/!;'NNING M!:.f.T\NQ..NQV' í (DßL~ NOV - 1 2004
PLANNING
& DEVELOPMENT
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Növ IS¡oLf
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October 25, 2004
V(,LU\<..S f 6,
Mr. Doug Darbyson
Director of Planning and Development
City Hall 4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
RE: AMEND ZONING BY LAW 79-200
CITY FILE 47/2004
Dear Mr. Darbyson:
We are unable to be present at the scheduled meeting to be
held on Monday, November 15, 2004 at 7 p.m. in City Council
Chambers. Please accept this letter as an opportunity to
express our views.
This letter is to inform Council, City Staff and Ontario
Applicant 1184538, that we are vehemently opposed to the
proposed application for an amendment to increase the "newly
constructed" building known as 6754 and 6788 Thorold Stone
Road, from the current space of 230 sq. metres to a maximum
floor space of 450 sq. metres.
When the applicant expressed an interest to build a one storey
commercial building, we were in favor of the applicant because
we definitely did not want a two storey apartment building.
However, we can readily see that there is con$istent congestion
on Confederation and Crawford Street.
A Two storey building would infringe on our right for privacy
as well as significant obstruction of environmental space.
With all due respect to the applicant, we were most pleased
with the provision of a privacy fence. However, this does not
suggest or even encourage approval for further development.
We respectfully ask Council to submit a reply of no further
construction.
We thank you for your attention to the above.
Respectfully submitted,
RECEIVED
OCT 2 8 2004
PLANNING
& DEVELOPMENT
~ J<. Koste~ 743 Crawford Street
_...~ ~
Ll la Kostelac 6743 Crawford Street
PLANNING MEET!NG NOY 1 5 ~~1~
Regional
NIAGARA
91
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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
L~~.~..' ~ an;mr¡.'.'..'.>..-
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October 22,2004
File: D.10.M.11.23
Mr. Andrew Bryce
Planner II
City of Niagara Falls
4310 Queen 51., 2nd Floor
Niagara Falls, ON L2E 6X5
Dear Mr. Bryce:
Re:
Zoning By-law Amendment Application
1184538 Ontario Limited
Southwest Corner of Thorold Stone Rd.
& Confederation Avenue
Your File: AM-47/2004
Citv of NiaQara Falls
Regional Planning staff have reviewed the above noted amendment application for lands within
the Urban Area Boundaries of the City of Niagara Falls as designated in the Regional Policy
Plan and the City's Official Plan.
The proposal affects an existing building which houses a number of units within a small strip
plaza. It is proposed that the maximum size per unit be increased to accommodate needs of
some of the tenants. There is no intent to enlarge the building, change the site plan or otherwise
create changes or additional uses.
This is a local issue and it does not offend any Regional or Provincial policies. For these
reasons Regional Planning staff do not object to approval of an amending zoning by-law.
If you have any questions, please do not hesitate to contact me.
Please provide us with a copy of Council's decision.
Yours truly,
RECEIVED
OCT 26 2004
PLANNING
I & DEVELOPMENT
c:
Councillor W. Smeaton, Regional Municipality of Niagara
Mr. D. Darbyson, MCIP, RPP, Planning Director, City of Niagara Falls
cwh/2BLA Amend-Thorold Stone-NF
PLAl\JNING M1:Em'IG
~'~'/ 1 5 200( .
.-.-...-.....---
Doug Darbyson
Director of Planning &f)¡s"elopm~
City Hall
4310 Queen St.
Niagara Falls, ON
-JtÞ. Planning ,.
',.,~nqid
FUO:~
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October 29, 2004
Dear Mr. Darbyson:
RE: CIìY FILE AM-4712OO4
I am writing to express my comments regarding the above mentioned zoning by-law
amendment for 6754 and 6788 Thorold Stone Road. I live at 6773 Crawford and
have been having problems with cars parked near my home where the road curves
around and ends at Petit. These cars are parked on both sides of the curve on the
road and this makes it unsafe for traffic flow and visibility. Also those parking
their cars in the front of my home work in the restaurant and they return to their
cars during the overnight hours, 2:00 am and later, and they talk loudly thus
waking me up.
For these reasons I am very concerned that expanding the maximum floor space
will further limit the parking spaces available and create an unsafe overflow of
traffic and parking into my street. This has already been happening for several
months, and I do not want to see this unsafe and disruptive situation continued, let
alone increased.
Sincerely,
~?~
{j
Angelina Gualtieri
6773 Crawford
Niagara Falls, ON
~,
RECEIVED
NOV - 4 2004
PLANNING
& DEVELOPMENT
I JOSEPH TONNOS & ASSOCIATES INC. I
Joseph Tonnos & Associates Inc.
16 Toweling Heights Boulevard, Suite 107. St. Cathalines. ON L2T 3G9
Telephone (905) 688-6600 \ Fax (905) 687-8664
E-Mail: tonnos@niagaralandlord.com
Website: www.niagaralandlord.com
November 2, 2004
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Attention:
Mr Doug Darbyson, Director of Planning & Development
Re:
Zoning By-Law Amendment Application
City File AM-47/2004
Please consider this letter as being opposed to amending the above noted by-law.
As an abutting landowner at 4056 Dorchester Road, my concern is with parking. The
number of parking spaces available for both uses, being the plaza and the restaurant, are severely
under the required amount.
The operators of the restaurant have ftequently isntructed their staff to park their vehicles
in my parking lot located at the rear of 4056 Dorchester Road, so as to tree up spaces for their
patrons to park.
Requests not to park in my lot have gone unheeded and to the best of my knowledge on
busy nights, restaurant staff still park in my parking lot.
Yours truly
1137754 Ontario Inc.
JOSEPH TONNOS & ASSOCIATES INC
J"£:::/
Property Manager
JFT/ag
RECEIVED
Nav - 3 2004
PLANNING
& DEVELOPMENT
o~O04~wcl'~t~~woh~t""oonfp_dMby'oo2o"
'"
Mohamed Naseem
102 Erin Cres
Ottawa, ON
KIV 9Z2
/i H t./ 7 /;;lpo 71
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FIle: 2O¡.JuJb
VCJI¿( (:) Pß.
October 30, 2004
Mr Doug Darbyson
Director of Planning & Development
City Hall, 4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Sir,
Re: Zoninl! - Land known as 6754 and 6788 Thorold Stone Road
Thank you for your letter dated October 20,2004.
During our conversation I indicated that the property situated at 6678 Thorold Stone Road
(previously owned by my wife Arjumand Naseem) was transferred to me on January 5, 2004.
As requested enclosed please find Land Transfer document showing land transfer to me. I
would appreciate if you would change your records accordingly. Please advise me when the
transfer has been done.
Concerning the application to amend Zoning By-law No. 79-200 please advise ifthe intention
is to commercialize the land. I am unable to attend the public meeting but I will accept the
majority decision on this matter.
I would like to receive a copy of the adoption of the proposed amendment.
Thank you for your cooperation in this matter.
Yours sincerely,
~-.....,---~
Mohamed Naseem
RECEIVED
NOV - 4 2004
PLANNING
& DEVELOPMENT
VINCENT DAGENAIS GIBSON LLP/s.r.l.
AVOCATS, NOTAIRES & AGENTS DE MARQUES DE COMMERCE À VQTRE SERVICE DEPUIS 1897
BARRISTERS, SOlICITORS & TRADE MARK AGENTS SERVING YOU SINCE 1897
"
RONALD R. DAGENAIS
'PIERRE J. DAGENAIS
THOMAS F. WALLIS
HENRI 0. SAINT-JACQUES (reI.)
'ONTARIO.QUEBEC
PETER ANNIS
COUNSELICONSEIL
CHARLES M. GIBSON
LOUIS VINCENT
RUSSELL G. GIBSON
IAN HOULE
VIA FAX
1-905-356-9759
COPY/CùPIE
January 6, 2004
City of Niagara Falls
Finance Department
Dear Sirs:
RE:
Estate of Arjumand Naseem
Property: 6678 Thorold Stone Road
Roll No: 27250400141860000000
This will confirm the change of ownership to the above-noted property as follows:
From:
Arjumand Naseem
To:
Mohamed Naseem, as sole owner
Date:
January 5, 2004
Please amend your records accordingly and forward all future notices to Mr. Mohamed Naseem at
102 Erin Crescent, Ottawa, Ontario KlV 9Z2.
Yours very truly
Vincent Dagenais Gibson, LLP/s.r.l.
Russell G. Gibson
/ws
325, RUE DALHOUSIE STREET. SUITE 600, OTTAWA, ONTARIO K1N 7G2 TEL. (613) 241-2701 TELECQP. (613) 241-2599
'"
LRO. 59 Transmission By Personal Representative-Land
Receipted as SN19046 on 20031222
yyyymmdd
al 1451
The applicant(s) hereby apphes to the Land Registrar
Page 1 ot 1
I Properties
PIN 64307 - 0163 L T EstalelQ"elifier Fee Simple Lt Conve"lon Q"alífled
Descriphon PT 1WP LT 78 STAMFQRD AS IN R0534199; NIAGARA FALLS
Address 06678 THOROLO STONE RD
NIAGARA FALLS
I Deceased(s)
Name
Address foe SeNice
NASEEM, ARJUMAND
cl0102ErlnCres.
Ottawa. ON K1V 922
Date ot death was 2003/09/08
)lpp/icant(s)
Capacity
Share
Name
Address for SeNice
NASEEM, MOHAMED
102 ErinCres.
Ollawa. ON K1V 922
Estate Tr"stee WIth A WIll
The epplicant Is en@ed to be the owner by law, as Estate Trustee of the estate of the deceased owner
This doc"m~nt is not a"thodzed under Power of Allorney by this party.
I Statements
The debts of the deceased are paid in foIl
T~jm~~~~~\~~ 'ro"O~ï,'2~~sa~~t~t';t~I'Y;\~~ foi~~:a~~' ~¡;e~~PERIOR COURT OF JUSTiCE AT OTTAWA CO"rt, onder file no
Sched"'e; i, R"ssell G. Gibson. am the solicitor for the Applicant, Mohamed Naseem, and I confirm that Arj"mand Naseem died on
September 8th, 2003, the creditors of A~"mand Naseem have been notified, the debts of Arj"mand Naseem have been paid In toll and
Arj"mand Naseem and Mohamed Naseem, w~o is a party to this transaction, wara spo"ses of aach other at tha data of her daath.
I Signed By
R"ssall Gordon Gibson
600-325 Oalho"sle Straat
Ollawa KIN 7G2
actln9 for Applicant(s)
Signed
20031222
Tel
Fex
613-241-2701
6132412599
¡SUbmitted By
ViNCENT DAGENAIS & GIBSON
LLP
600-325 Daiho"sle Street
Ollawa K1N 7G2
20031222
Tei
Fax
613-241-2701
6132412599
I Fees/Taxes/Payment
Stat"tor¡ Regis/cation Fee
$60.00
Total Paid
$60.00
I File Number
Deceased Chent File N"mber'
2503066
Applicant Chent File Number'
2503066
Corporate Services Department
Planning & Development
The City of ~~ 4310 Queen Street
. P.o. Box 1023
Niagara Falls Niagara Falls, ON L2E 6X5
Canada ~ web site: www.city.niagarafalls.on.ca
.¿
--- - Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: pianning@city.niagarafalls.on.ca
PD.2004.11 0
Doug Darbyson
Director
November 15,2004
His Worship Mayor Ted Sa1ci
and Members ofthe Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2004-110, Zoning By-law Amendment Application
AM-25/2003 (Revised), 5950 Victoria Avenue
Applicant: Niagara 21" Group Inc.,
Agent: Italia Gilberti, Solicitor
Proposed 30-Storey Hotel
RECOMMENDATION:
Receive and file for information.
BACKGROUND:
On November 1,2004, a public meeting was held respecting a proposed 30-storey hotel at 5950
Victoria Avenue. Council requested that staff confirm the status of the Architectural Peer
Review (APR) of the project and of the report dated October 21, 2004.
Staffhas consulted with Michael Kirkland, chair of the APR panel, who has advised that "no
peer review exists" of the project. The correspondence dated October 21, 2004 is a
memorandum outlining issues the panel has raised through their preliminary review. No
meetings or discussions have taken place between the APR panel and the applicant. A letter
confirming this status is to be forwarded to the City.
An email has been submitted by Carmen Menechella acknowledging that peer review has not
been completed, notwithstanding their presentation at the last Council meeting.
Working Together to Serve Our Community
Clerks' Finance' Human Resources' Information Systems' Legal' Planning & Development
""
November 15, 2004
- 2-
PD-2004-110
In this regard, staff will coordinate the required meetings between the applicant and the peer
review panel and report to Council once the peer review process has been completed.
Prepared by:
'L)Q¿.~ ~
John Bamsley
Planner 2
Recommended by:
'è:,~'$ -
Doug Darbyson
Director of Planning & Development
~g¡~.
T. Ravenda
Executive Director of Corporate Services
JB:tc
Respectfully submitted:
UJ?.ff[ .~
Œ~H~cDonaíd. ~C
Chief Administrative Officer
S,IPDR\2004IPD2004-11O. AM-25-03(Rev), 5950 Victoria Ave-30-Storey Tower.wpd
Corporate Services Department
PD-2004-105
T C't f ~~ Planning & Development
he I Y 0 4310 Queen Street
Niagara Falls P.O. Box 1023
Canada ~ Niagara Falls, ON L2E 6X5
...... web site: www.city.niagarafalls.on.ca
-- -
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-maii: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
November 15, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2004-105, Request for Extension to Draft Plan Approval
Warren Woods Draft Plan of Subdivision
Municipal File: 26T -96001 (Revised)
Owner: 797045 Ontario Ltd. (Warren Woods Land Corporation)
RECOMMENDATION:
It is recommended that Council support a one-year extension to draft plan approval for the Warren
Woods Plan of Subdivision, conditioual on the applicant erecting the appropriate subdivision signs
on the property for public information purposes.
BACKGROUND:
Conditions of the original draft plan approval for this subdivision indicate that final approval must
be obtained within three years or the draft approval will lapse. Before the initial approval period
passes, an extension to draft plan approval may be granted provided that a written request is received
from the applicant which sets out the reasons for the delay and the steps being taken to resolve the
required conditions of approval.
In order to ensure that draft plans are not automatically extended without consideration being given
to current Council policy, planning principles and contemporary requirements, requests for
extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the
conditions associated with the delegation of subdivision approval authority, the concurrence ofthe
Region is required before an extension can be granted.
Planning Review
The developer has submitted a request for an extension to draft approval ofthe Warren Woods Plan
of Subdivision (see attached letter and location map - Schedule I). Original draft approval for the
plan was received from the Region on October 23, 1998. Previous requests have been granted by
Council to extend draft plan approval for the subdivision. In addition, a temporary extension was
granted by staff as the anniversary of the formal approval date has passed and to allow a review of
the request.
Working Together to Serve Our Community
Clerks' Finance' Human Resources. Information Systems. Legal, Planning & Development
November 15, 2004
-2-
PD-2004-105
This subdivision proposes over 600 housing units in four development phases extending between
Kalar Road and Garner Road. The plan provides a compact form of housing with a mix of single-
detached dwellings, on-street townhouses and apartment units. The subdivision conforms to the
City's Official Plan and Garner Neighbourhood Secondary Plan. Phase 1 (Kalar Road frontage) has
detailed conditions of subdivision approval and is zoned appropriately. Future phases are subject
to additional review, various environment studies and rezoning. The extension is requested to allow
more time to address environmental conditions. The Region has no objection to the extension of
draft approval for a one-year period.
CONCLUSION:
Based on this review, a further one-year extension (until October 23, 2005) to draft plan approval
can be supported. There is no Public Notice sign for the subdivision on the property. Council's
support for the extension'should be conditional on subdivision signs being posted and maintained
on the Kalar Road and Garner Road frontages for public information purposes. This condition can
be cleared through the submission of photographs to the City showing the required signs.
Prepared by:
Richard Wilson
Planner 2
R~œ:;"4ø(
ohn MacDonald
Chief Administrative Officer
~
Recommended by:
~~-
Doug Darbyson
Director of Planning & Development
Approved by:
~.
T. Ravenda
Executive Director of Corporate Services
RW:tc
Attach.
S:\POR\2004\PD2004-105. 26T-960001 Rev.. Warren Woods.wpd
WARREN WOODS LAND CORPORA nON
78 HiJlburst Blvd., Toronto ON, M5N IN6
Mr. Rick Wilson, Planner
Corporate Services Dept.
Planning and Development,
City of Niagara Falls,
4310 Queen St.
P.O. Box 1023
Niagara Falls ,ON
L2E 6X5
September 7, 2004
Re: Warren Woods 26T-96001 Extension of Draft Approval
Dear Mr. Wilson,
Weare requesting a one year extension to the draft approval to the above noted
plan of subdivision. The required EIS field work and tree analysis is now nearing
completion and we expect the Land Titles Absolute to be finalized this fall.
Please advise what review fees are required and any other infonnation that you
may require.
I am an officer for Warren Woods Land Corporation, owner of the property, with
signing authority. Thank you for your consideration.
Yours truly,
James B. Ruscica
President
RECEIVED
SEP 1 3 2004
PLANNING
& DEVE.LOPMENT
"'"
SCHED ULE 1
Draft Plan of Subdivision
Warren Woods
26T -96001 (Revised)
Location Map
,-
I I I
BROT OAD
Subject Land
.
K,\GIS - Reque,"\2004\&hooul,,\Subd;y;,;on,\w^,ren - wood"'",pp;ng. 'p'
II
~
e
~
l:NTS
Corporate Services Department
PD.2004.111
j~ Planning & Development
The City of 4310 Queen Street
Niagara Falls P.o. Box 1023
Canada ~ Niagara Falls. ON L2E 6X5
~ web site: www.city.niagarafalls.on.ca
.-- -
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
November 15, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2004-111, Site Plan Application
SPC-32/2004, 7107 Kalar Road
Applicant: Pinewood Homes (Tara) Ltd.
Proposed Neighbourhood Plaza
RECOMMENDATION:
It is recommended that this report be received and filed.
BACKGROUND:
Pinewood Homes (Tara) Ltd. has submitted a site plan application for a 1,340 square metre (14,425
sq. ft.) neighbourhood plaza on the lands known as 7107 Kalar Road. The development is shown
on Schedules I and 2. This land is zoned Neighbourhood Commercial (NC-469) which pennits the
proposed development.
A minor variance was granted for an increase in height to accommodate the architectural towers and
parapet wall shown in Schedule 2. At the Committee of Adjustment meeting residents expressed
a concern about drive-through lanes, including noise and fumes. The Committee of Adjustment
directed that the two residents present be involved in the site plan process.
Subsequently, Council at its September 20, 2004 meeting, directed staff to study the issue of drive-
throughs further, in particular, the issue of speaker boxes associated with drive-through services.
Site plan approval has been delegated to the Director of Planning and Development. Due to
Council's earlier concerns regarding drive-throughs, this application is being brought to Council for
infonnation.
Working Together to Serve Our Community
Clerks' Finance' Human Resources' Information Systems' Legal' PlannIng & Development
-.--.------ ... -.--........-.. ---. ..~...- --...-.
- -.------"--.---'------r---
November 15, 2005
.2.
PD.2004.111
Planning Review
Drive-Throughs
Drive through services have become more popular in recent years. Although traditionally associated
with fast food and coffee shop outlets, they have started to become accessory to banks, convenience
stores and drug stores. They can create a number of land use conflicts if not properly designed,
including traffic congestion on and off-site, conflicts with fire routes, loading and parking and
impacts on nearby residential areas. Currently, there are no specific regulations in the City for drive-
throughs. To ensure drive-throughs are properly designed staff are undertaking a study to develop
the appropriate regulations.
Research has begun, and the zoning regulations and design guidelines in the municipalities of Fort
Erie, Oakville and Mississauga and the Region of Durham have been reviewed. Some of the
findings are as follows:
For fast- food outlets drive-through lanes are typically required to have 10-12 queuing spots
from the drive- through entry to the pick up window, independent of driveways and parking
areas. 7 to 8 stalls are required before the order board.
Other uses (i.e., automated bank machines) are required to have 2 to 4 queuing spots.
The drive-through lanes should be as straight as possible, minimizing sharp curves.
Impacts on nearby residential areas should be minimized by using fencing, landscaping, tree
planting and even noise attenuation measures.
Drive-throughs are to be setback a minimum of 10 metres from residential properties.
Drive-throughs on sites ofless than 0.3 hectares (0.75 acres) are discouraged.
So far, no specific regulations for speaker boxes have been found.
This research will continue and staff will bring proposed regulations or guidelines to Council for
consideration at a future date. The direction of the study includes establishing minimum queuing
lengths, minimum setbacks from residential properties and reviewing additional buffering, screening
and landscaping requirements. -
The proposed development meets most guidelines established by other Municipalities.
It should be noted that while this application was submitted on October 6, 2004, discussions with
staff with respect to this development started in the summer. The developer has worked with staff
to address the above noted study directions and to meet the residents' earlier concerns. For the
southerly drive-through, the queuing length has been increased to 9 stalls, curbing is shown
bordering the drive-through to prevent queuing from occurring immediately behind the dwellings
and fencing is proposed on top of the curbing to help screen residents from noise and fumes
generated from the drive-through. The speaker board for the drive-through will be about 15 metres
(50 ft.) away from residences and will be screened by this fence. In addition, all drive-throughs for
the plaza will be set back at least 10 metres from abutting residential properties.
- -----,,¡----------- --_.. ------,--
November 15, 2005
.3-
PD.2004-111
The northerly drive-through, because of its orientation, may not meet all aspects of the study
direction. The queuing lane is about 5 vehicles long before it meets the main driveway into the site.
However, queuing for this drive-through, if it spills over, would be contained to the site and should
not impact the roads the plaza fronts onto. This drive-through will be screened from nearby
residences by landscaping and a board fence.
There are no concerns regarding the drive-through for the ATM. It is recognized in other
municipalities that these facilities have low queuing demands when compared to drive-throughs for
fast-food outlets.
Neighbourhood Meeting
Pursuant to the Committee of Adjustment's earlier direction a neighbourhood meeting was held on
November 9, 2004. One resident immediately behind the southerly drive-through shown on
Schedule 1 was in attendance. The measures undertaken to mitigate the impact of the southerly
drive-through on abutting residences are understood to be satisfactory to the resident. Additional
concerns raised by the resident regarding lighting, garbage bins, security concerns and tree planting
also appear to be addressed. Lighting from the plaza will be directed away from residences as per
the standard site plan requirements, the garbage bins are to be fully enclosed and additional tree
plantings are to be added in the landscaping strip behind the plaza. In addition, measures to ensure
any security cameras are directed away from residences will be included in the agreement.
CONCLUSIONS:
1.
The developer has worked with staff and the concerns of the resident who attended the
neighbourhood meeting have been addressed. Subject to Council's concurrence, staff are
prepared to approve the site plan as modified.
2.
Staffwill continue to work on guidelines and regulations to evaluate future site plans with
drive-through services and will report back to Council.
a by:
Andrew~
Planner 2
Respectfully su~~
000 MacDonald
Chief Administrative Officer
Recommended by:
~-
Doug Darbyson
Director of Planning & Development
Approved by:
J,&i~,
T. Ravenda
Executive Director of Corporate Services
AB:pb
S:\PDR\2004\PD2004.111. SPC-J2-04. 7107 Kalar Rd Drive Thru.wpd
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Corporate Services Department
F.2004.59
. ~~ Finance Division
The City of 4310 Queen Street
Niagara Falls P.O. Box t023
Canada ~ Niagara Falls, ON L2E 6X5
~ web site: www.city.niagarafalls.on.ca
-- -
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: kburden@city.niagarafalls.on.ca
Kenneth E, Burden
Director
November 15, 2004
His Worship Mayor Ted Salci
and Members ofthe Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
F-2004- 59 - Major Receivables Quarterly Report
RECOMMENDATION:
For the information of City Council.
BACKGROUND:
The following is a quarterly report of Tax, Utility and Sundry Receivables to September 30th, 2004.
Tax Balances
Current Taxes
2004 2003
75% 91%
$136,372,275. $90,650,706.
$102,248,537. $82,126,173.
$ 34,123,738. $ 8,524,533.
2004 2003
34% 44%
$15,073,155. $12,530,276.
$ 5,188,317. $ 5,538,445.
$ 9,884,838. $ 6,991,837.
$44,008,576. $15,516,364.
Percentage Collected
Levy to Date
Collections
Balance
Tax Arrears
Percentage Collected
Opening Balance
Collection
Balance
Total UnDaid Taxes
Working Together to Serve Our Community
Clerks. Finance' Human Resources. Information Systems. Legal, Planning & Development
'"
November 15, 2004
-2-
F-2004-59
For 2004, the final installment ofthe commercial, industrial and multi-residential properties was not
due until October 20,2004, consequently, approximately $22,000,000 of the outstanding balance
was not due as of September 30. The current tax receivables balance in 2004 is consistent with the
pnor year.
Sundrv Receivables
2004
2003
Accounts Receivables
$726,835.
$827,572.
As of September 30, 2004, the sundry receivables showed 38% in the current to sixty-day category,
and 62% greater than sixty days. Unpaid accounts are being actively pursued by staff. Delinquent
accounts are charged I 1/4% interest per month.
1. Antonio
Coordinator of Tax & Receivables
Respectfully submitted
kl V1~
ohn MacDonald
Chief Administrative Officer
Prepared by:
A Mm?S
Recommended by:
~
K. E. Burden
Director of Finance Division
Approved by:
N~.
T. Ravenda
Executive Director of Corporate Services
H\WPFlLES\Co~;u"\F-2004-59-M,jR,,S,,'2004wpd
Community Services Department
FS-2004-21
Patrick Burke
Fire Chief
November 15, 2004
His Worship Mayor Ted Salci
and Members ofthe Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
FS-2004-21
Renovations and Repairs to Fire Traiuing Tower
RECOMMENDATION:
That Council pre authorize the repairs to the Fire Training Tower to the lowest compliant bidderwith
an upside limit of $30,000.00.
BACKGROUND:
The Training Tower for all Niagara Falls firefighters is located at the rear of the Morrison Street Fire
station since 1975. During that time, it was rebuilt once in 1995. At that time, a number of changes
were incorporated into the building design to meet the demands of the Fire Department's changing
roles and other safety requirements. Through extensive use of these building features and their
original design, the building parapet has deteriorated.
Through a recent safety concern and a resulting consultant's report on the building, it has been
determined that extensive repairs are required to the building's parapet. The consultant has further
recommended design changes to the parapet and that repairs be conducted as soon as possible in
order to minimize the effects of JTeezing temperatures on the remainder of the structure.
Working Together to Serve Our Community
Municipal Works' Fire Services' Parks, Recreation & Culture' Business Deveiopment . Building & By-Law Services
'"
November 15, 2004
- 2-
FS-2004-21
FINANCING:
Funds have been allocated and approved in the 2004 Capital Budget for building upgrades. It is
being requested that these funds be reallocated to repair the Fire Tower and that the funds previously
allocated for building upgrades be requested in the 2005 Capital Budget.
Prepared by:
~
Assistant Chief
R'~OCilill;:~
gJh
Patrick Burke
Fire Chief
Community Services Department
MW-2004-163
The City of ~~
Niagara Falls'J!
Canada ~
....,
--- -
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagaratalls.on.ca
Ed Dujlovic, P. Eng.
Director
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 356-6460
m u nwks@city.nia9aratalls. 0 n. ca
November IS, 2004
His Worship Mayor Ted Salci,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-163
Winter Sand (2004) Season - Regional Tender 2004-T-28
RECOMMENDATION:
It is recommended that the tender for supply and delivery of winter sand, including the mixing of salt
with this sand, be awarded to Vineland Quarries & Crushed Stone Limited for the unit prices
tendered.
BACKGROUND:
The City of Niagara Falls again participated with other Municipalities through Regional tendering.
We estimated that we will use approximately 5,000 tonnes of screened sand, delivered to and mixed
at our Stanley Avenue Service Centre.
The low bidder for City of Niagara Falls was Lafarge Canada Inc. with a tendered price of $63,790.00.
However, for several years the City has been purchasing Winter Sand materials ITom Vineland
Quarries & Crusbed Stoue Limited. Vineland Quanies' Winter Sand material is a manufactured
sand product that has superior traction properties over the natural sand supplied by Lafarge Canada
Inc.
Staff is therefore recommending that we continue to purchase Winter Sand Materials ITom Vineland
Quanies and Crushed Stone Limited for the Tendered Price of$66,850.00 which is $3,060.00 higher
than the low bidder.
Municipal Works
Fire SelVices
Working Together to Serve Our Community
Parks, Recreation & Culture Business Development.
BuildIng & By-Laws
'"
November 15, 2004
-2-
[~
6(0{ John Morocco
Operations Superintendent
(J¡;~:;- d
Æ~~~",ld 'V~-'(
Chief Administrative Officer
Rf=L--
Ed Dujlovic, P. Eng.
Director of Municipal Works
MW-2004-163
The City of ~~
Niagara Falls'J!
Canada ~
~
--- -
Community Services Department
Municipal Works
4310 Queen Street
P.o. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
MW.2004.164
Ed Dujlovic, P. Eng.
Director
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
munwks@city.niagarafalis.on.ca
November 15, 2004
His Worship Mayor Ted Sa1ci,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2004-164
Tender 24-2004
Water Meter Installation
RECOMMENDATION:
That Council award Tender 24-2004 Water Meter Installations to Emerald Plumbing and Heating
Limited for the tender price of$187.25 per meter including tax.
BACKGROUND:
The City has begun to installing water meters in customer's homes that have a galvanized or lead
pipe water service and to customer's that have been reluctant to have a water meter installed.
Schlumbeger the City's water meter installation contractor reported a problem with installing water
meters onto older galvanized and lead pipe services during the City's water meter installation
program. Subsequently, Schlumberger requested and received Council's approval to omit ITom their
contract the installation of water meters on services with galvanized and lead piping. A total of
approximately 200 water meters were not installed due to galvanized and lead piping.
Staff has found that water meters can be installed on galvanized or lead piping services provided that
care is taken by the installer. We have completed several successful installations with our staff or
with a contracted plumber.
Furthermore, reluctant customers have now begun to make appointments to have a water meter
installed in their homes. We estimate that there are approximately 50 reluctant customers that require
water meters. Also, we have approximately 50 customers that are presently on the monthly flat rate
that requires water meters to be installed.
Staff is proposing to use a contractor to install the approximately remaining 300 water meters. It is
estimated to cost $57,000 to complete the water meter installation
"'"
November 15, 2004
-2 -
MW-2004-164
The tender results are shown as follows:
Emerald Plumbing and Heating Ltd.
Niagara Falls, ON L2E 2T4
$187.25
Medcon Mechanical
Niagara Falls, ON L2J IAI
No Bid
Metro Plumbing and Heating
Niagara Falls, ON L2G 2N7
No Bid
Peninsula Maintenance Ltd.
Niagara-On-The-Lake, ON LOS 1J0
$192.60
Tower Plumbing and Heating
Niagara Falls, ON 12J IAI
No Bid
Williams Plumbing
Niagara Falls, ON L2E 5R7
No Bid
Council's favourable consideration with the above recommendation would be appreciated. Funds for
this work have been allocated in account number 15-3-431000-030000.
[~
Respectfully submitted:
t~TOm Mussari,
Manager of Building Services
7t::~d ~
Chief Administrative Officer
APZ:~
Ed Dujlovic, P.Eng.,
Director of Municipal Works
S:\REPORTS\2004 ReportsIMW-2004-164 Water Meter Installations.wpd
The City of ~~
Niagara Falls 'II
Canada ~
.J
--- -
Community Services Department
Municipal Works
43tO Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagaratalls.on.ca
MW-2004.165
Ed Dujlovic, P. Eng.
Director
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 356-6460
munwks@city.niagarafalls.on.ca
November 15, 2004
His Worship Mayor Ted Saki,
and Members ofthe Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-165
Rental of Snow Removal Equipment Tender #25-2004
RECOMMENDATION:
That Council award Tender#25-2004 Rental of Snow Removal Equipment for the supply of Front-end
Loaders to HalfWay Sand Pit, Montgomery Bros., Al Walters & Son and Ken Warden Construction
Ltd. for the 2003-2004 winter season. The tender guarantees a minimum total of 40 hours for each
piece of equipment and is estimated to be $28,914.00
BACKGROUND:
The City called Tender 25-2004 Rental of Snow Removal Equipment in September of2004. Pricing
for the equipment was requested on an hourly rate basis with a guarantee to provide 40 hours ofwork.
Work performed after 40 hours will be charged at their hourly rate.
The following is a list of equipment and hourly rates provided by the contractors:
Total
HalfWay Sand Pit
2 Loaders
$1O0.00/hour each
$ 8,000.00
Ken Warden Construction
1 Loader
$95.00/hour each
$ 3,800.00
Montgomery Bros
3 Loaders
I Loader
$82.95/hour each
$90.00/hour each
$ 9,954.00
$ 3,600.00
Al Walter & Son
I Loader
$89.00/hour each
$ 3,560.00
Total guaranteed cost
$28,914.00
Municipal Works
Fire Services
Working Together to Serve Our Community
Parks, Recreation & Culture Business Development.
Building & By-Laws
"'"
~
November 15, 2004
-2-
MW-2004-165
The front end loaders are used to clear City cul-de-sacs, laneways and dead end streets. The City
presently has nine loader beats of which eight beats are assigned to contracted equipment and one beat
is handled by City forces and equipment.
Council's favourable consideration with the above recommendation would be appreciated.
£~
Respectfully submitted by:
~tM «~
J hn MacDonald
hief Administrative Officer
John Morocco
Operations Superintendent
~
Ed Dujlovic, P. Eng.
Director of Municipal Works
S:\MussariIReportslRental of Snow Removal Equipment 2004
Community Services Department
MW-2004.166
. ~~ Municipal Works
The CIty of 4310 Queen Street
Niagara Falls P.O. Box tO23
Canada ~ Niagara Falls, ON L2E 6X5
..., web site: www.city.niagarafalls.on.ca
--- -
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
Ed Dujlovic
Director
November 15, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
RECOMMENDATION:
MW-2004-166 - 2005 Flow Monitor Purchase
It is recommended that the Corporation of the City of Niagara Falls purchase five wireless Sigma
9 I 0 sewer flow monitors from Can-Am Instrument Ltd. of Oakville Ontario for a price not to exceed
$55,000 including G.S.T.
BACKGROUND:
The City ofNiagara Falls Infrastructure Section Staff continuously monitor strategic locations within
the City ofNiagaraFalls sanitary, combined and storm sewer systems and combined sewer overflows
in order to determine their remaining hydraulic capacity. In general this ongoing program provides
for the following:
I.
2.
3.
4.
Assessing the hydraulic impact of existing and proposed development.
Ensuring that adequate capacity exists for future development.
Data extracted from the monitors forms the basis for predictive performance
models of the system. Models help to identify future bottlenecks within the
system and allow for the refinement of development charges on an area by
area basis.
The monitoring of the system shows due diligence in the area of combined
sewer overflow control. The Corporation is bound by legislation to provide
the Ministry of the Environment with a five-year plan on a yearly basis for the
elimination of overflows.
Working Together to Serve Our Community
Municipal Works. Fire Services. Parks, Recreation & Culture. Business Development. Building & By-Law Services
'"
November 15, 2004
- 2-
MW-2004-166
The age of the City's existing complement of equipment and the harsh environment in which these
monitors are used eventually results in unacceptable equipment failure rates which are counter
productive to the task at hand and invariably results in delays in the process of collection and
analysis of the information for development needs purpose. Continuous replacement of this
equipment on an ongoing basis provides for reliable and error-free operation which increases staff
productivity in this area.
The flow monitors being purchased this year differ from previous models in that they come equipped
with cellular modems that allow for alarm notification of City Staff when the sewer in which they
are installed shows inordinate amounts of flow or levels of surcharge that may cause basement
flooding. These units are self-contained and powered and can be installed in flood-prone areas to
provide advance warning of impending basement flooding. In addition, staff can monitor and
download flow information from a central office site thereby negating the need for weekly service
and diagnostic checks.
City Infrastructure staff has been purchasing equipment from Can Am Limited for approximately
eight years with little or no equipment failure due to its manufacture and acceptable turn around
times for replacement/service of equipment. In addition, City Staff is intimately familiar with the
associated hardware and software used in the Sigma product line. Can Am Limited is the sole
supplier for the said product line in Canada.
Funds have been provided for this replacement in the 2004 Operating Budget account number
16-3-411000-030000 line item "Sewer Flow Monitoring."
Prepared by:
Respectfully submitted:
J?: ::,,~
Chief Administrative Officer
¡Javd Uaa:--
David Watt
Manager ofInfrastructure & Environment
~~
Ed Dujlovic, P.Eng.
Director of Municipal Works
S:\REPORTS\2004 ReportsIMW-2004-166 Flow Monitor Purchase.wpd
Community Services Department
MW.2004.167
. ~~ Municipal Works
The City of 4310 Queen Street
Niagara Falls P.O. Box 1023
Canada J ~~;:~t~:Fall~Ncit;~~;;;falls.on.ca
-- -
Tei.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.nia9arafaiis.on.ca
Ed Dujlovic
Director
November 15, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2004-167 -Demolition - 5565, 5077, 5087, 5109 Dorchester Road
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tender, VanDer Weyden Construction
be accepted and that the financing of this project from the Development Charges Reserve for the
tendered amount of $23,540.00 be approved.
BACKGROUND:
The purchase of the homes was approved at the Committee-of-the-Whole meeting on January 12,
2004 with the City taking possession of the properties on April 30, 2004. The properties were
purchased with the intent to demolish the buildings to allow for Road Allowance. The tender closed
on Thursday, October 21,2004 for the above noted quotation.
Tender documents were picked up by seven (7) Contractors and five (5) bids were received.
Listed below is a summary ofthe totaled tendered prices, including GST, received ÍÌom the five (5)
Contractors:
1.
2.
3.
4.
5.
Van Der Weydon Construction
Triple-M-Demolition
Nick Altieri Excavating Ltd.
PRW Excavating Ltd.
F.D.G. General Construction
(Niagara Falls)
(Niagara Falls)
(Niagara Falls)
(Niagara Falls)
(Beeton)
$23,540.00
$69,443.00
$34,668.00
$35,738.00
$31,694.47
A mandatory site meeting was conducted on Monday, October 4, 2004 at 10:00 a.m. with seven
Working Together to Serve Our Community
Municipal Works' Fire SelYices . Parks, Recreation & Culture. Business Development. Building & By-Law Services
'"
November 15, 2004
.2-
MW-2004-167
A mandatory site meeting was conducted on Monday, October 4, 2004 at 10:00 a.m. with seven
contractors in attendance. The contractors were asked to submit prices for the project. The lowest
quotation was received from VanDer Weydon Construction in the amount of$23,540.00 excluding
GST.
This contractor has previously performed similar types of projects for the City. Weare therefore of
the opinion, that this contractor is capable of successfully undertaking this project.
Financing:
Project Costs:
$22,000.00
Net GST (3%)
$ 1.540.00
TOTAL
$23,540.00
Council's concurrence with the above recommendation would be appreciated.
Prepared by:
Respectfully sub~itted: I /
Um¿e~
O~~ ^~a~Donald
Chief Administrative Officer
¡f)-It( ~
Domenic Minervini
Supervisor Building & Maintenance
Municipal Works Division
Approved by:
("~
Director of Municipal Works
S:\REPORTS\2004 ReportsIMW-2004-167 - Demolition of properties Dorchester Road.wpd
Community Services Department
MW-2004.173
. The City of ~~
Niagara FallsJJI
Canada ~
...,
-- -
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagaratalls.on.ca
Ed Dujlovic, P. Eng.
Director
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
m u nwks@city.niagarafalls.on.ca
November 15,2004
His Worship Mayor Ted Saki
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE:
MW-2004-173
Tender #30-2004 ,
New Equipment Purchase of Tractor & Diesel Pickup
RECOMMENDATION
It is recommended that the New Equipment Tender for the purchase of One (I) 45 P.T.O. H.P. 2-
Wheel Drive Tractor with Deluxe Cab and One (I) Diesel Fuelled Pickup Truck with Extended Cab
be awarded to the following bidders:
1.
Green Line Equipment of Smithville for the purchase of the 2- Wheel Drive Tractor in the
amount of $39,656.60; and
2.
John Bear Pontiac Buick ofSt. Catharines for the purchase of the Diesel Fueled Pickup Truck
in the amount of$39,100.00.
BACKGROUND
Tenders for New Equipment were opened by the Tender Opening Committee on Thursday, November
4,2004 with the City Clerk in attendance. A summary of bids is attached for Council's information.
Staff recommends that the tenders from the lowest bidders for each piece of equipment be accepted.
Their vehicles meet specifications as outlined in tender documents.
Sufficient funds are available in the 2004 budget to cover the purchase of new equipment.
Council's approval of the recommendation and information contained in this report would be
appreciated.
Municipal Works
Working Together to Serve Our Community
Fire Services Parks, Recreation & Culture Business Development.
Building & By-Laws
MW-2004-173
p[~
Le< John Morocco
U Operations Superintendent
Recommended by:
[~
Ed Dujlovic, P.Eng.
Director of Municipal Works
/gkf
attach.
H,IREPOR TS\2004\MW -2004-173NEWEQUIPMENTPURCHASE. wpd
- 2-
November 15, 2004
Respectfully submitted by:
ß m4-f/
ohn MacDonald
Chief Administrative Officer
TENDER #30-2004 - NEW EQUIPMENT PURCHASE
TENDER SUMMARY
Total Price including All Taxes
One (1) One (1)
45 P.T.O. H.P Diesel Fuelled
2 Wheel Drive Tractor Pickup Truck
with with
Company Deluse Cab Extended Cab
Autoland Chrysler Ltd.
Niagara Falls, ON NO BID $39,879.70
Ben Berg Farm & Industrial Eq. $39,887.75
Wainfleet, ON $42,544.25 NO BID
Brock Ford Motors
Niagara Falls, ON NO BID $39,852.10
David Chev-Olds
Weiland, ON NO BID $40,145.35
Day Ford Lincoln
St. Catharines, ON NO BID $40,204.00
Ed Learn Ford Sales Ltd.
St. Catharines, ON NO BID $39,509.40
Falls Chev-Olds
Niagara Falls, ON NO BID $43,165.25
Green Line Equipment
Smithville, ON
John Bear Pontiac Buick
St. Catharines, ON NO BID
Performance Chrysler
St. Catharines, ON NO BID $39,800.35
Robert Slessor Pontiac Buick Inc.
Grimsby, ON NO BID $39,440.40
Community Services Department
The City of ~~ Parks, Recreation & Culture
Niagara Falls 4310 Queen Street
P.O. Box 1023
Canada ~ Niagara Falls, ON L2E 6X5
..... web site: www.city.niagarafalls.on.ca
-- -
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
R-2004-72
Adele Kon
Director
November 15,2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2004- 72 - The Park In The City - Revised Terms of Reference
RECOMMENDATION:
That Council approve the Revised Tenns of Reference for The Park in the City Committee.
BACKGROUND:
As stated in the Tenns of Reference of The Park in the City Committee, the membership includes
a wide range of people having an interest, expertise and/or experience in beautification for the
environment. Membership is composed often (10) members, including nine (9) citizen appointees
and one (1) member of Council. Additional non-voting advisory representatives ftom such agencies
as the Niagara Parks Commission, the local Business Improvement Areas (BIA' s), The Niagara Falls
Nature Club and Niagara Falls Tourism are encouraged.
The tenn of Membership of the Committee coincides with the tenn of City Council. The Park in
City Committee is recommending that the ad-hoc Committee Chairs, five (5) in total, be included
with The Park in the City Committee. There are two (2) Committee Chairs already serving on The
Park in the City Committee. Therefore, The Park in the City Committee requests that three (3)
additional positions be established. The Revised Tenns of Reference for The Park in the City are
attached to this report.
These ad-hoc Committees are essential to The Park in the City Committee and approving the
addition of the five (5) Chairs to the Committee Structure will be beneficial toward achieving our
vision. Council's support of this change to the Tenns of Reference would be appreciated.
Working Together to Serve Our Community
Municipal Works' Fire SelVÍces . Parks, Recreation & Cuiture . Business Development. Building & By-Law Services
November 15, 2004
Prepared by:
rrY1A~
Sue Forcier
Community Development Coordinator
C£
Adele Kon
Director of Parks, Recreation & Culture
SF/das
Attachment
- 2.
Respectfully submitted:
Wl~4
R-2004-72
Terms of Reference, The Park in the City, City of Niagara Falls, September, 2004 Page I of 4
The City of Niagara Falls
The Park in the City Committee
Revised
Terms of Reference
Mandate:
September, 2004
The Committee's mandate is to encourage civic pride, environmental responsibility and City wide
planning and beautification through community action.
Purpose:
The Committee's purpose is to promote and carry out the above noted mandate through the
development of programs and activities that implement the evaluation categories used in the
Communities in Bloom Program.
The Committee will also assist in monitoring the implementation of the City's Beautification,
Streetscape and Gateway Master Plan and form an Ad-Hoc Committee that will carry out the Annual
Summer Trillium Awards judging. The Committee will also provide assistance to City Council on
environmental, natural resources and greening matters, as requested.
Vision:
It is the vision of the Committee to achieve a healthy, beautiful City that contains attractive gardens,
streetscapes and gateways and encourage civic pride, environmental responsibility and city wide
planning and beautification through community action.
Responsibilities:
A. Communities in Bloom Program
The Committee will insure the development of programs and events that satisfy the criteria used in
the evaluation of properties as part of the Communities in Bloom Program. There will be four (4)
'"
Terms of Reference, The Park in the City, City of Niagara Falls, September, 2004
Page 2 of 4
subgroups formed with representatives from each group reporting to the Committee on a regular
basis. Each of the subgroups will seek participation of citizens in short and long term projects for
the betterment and enjoyment of the whole community. The names of the subgroups and their
responsibilities are as follows;
1. Tidiness/ Environment
promote and encourage the tidiness of greenspaces, medians and boulevard strips, sidewalk,
ditches, road shoulders, signage, scrap yards, unserviced and vacant lots, buildings and
garbage disposals.
promote and encourage sustainable development through waste reduction, sanitary landfill,
hazardous waste collection, sewage disposal, transfer/recycle stations, recycling, composting,
pesticide uselby-Iaws, Integrated Pest Management, water source and conservation,
naturalization and enviromnental clean up activities.
2. Natural and Architectural Heritage Conservation
encourage conservation through museums, archives, history books and interpretive programs.
promote the development of policies and by-laws that will preserve and restore buildings,
homes, churches, cemeteries, parks and heritage gardens, monuments and artifacts.
3. Urban Forestry
encourage the development of policies, by-laws and regulations that protect existing trees
and promotes new plantings.
encourage the development of tree inventories and ongoing maintenance programs.
4. Landscaped/ Floral! Turf
encourage landscaping that creates an attractive enviromnent where plants form an essential
element of the whole surroundings.
promote native materials that are balanced, in harmony and tastefully integrated with a high
level of maintenance.
encourage the development of attractive flower beds, carpet bedding, containers, baskets,
window boxes and ornamental grasses.
promote the planting of annual, perennials and bulbs that supports a rainbow of colours.
encourage naturalization and use of appropriate ground cover for turf areas utilizing
integrated turf management and maintenance.
B. Summer Trillium Awards
An Adhoc Committee will continue to carry out the annual judging of properties as part of the
Summer Trillium Awards. The role ofthe Committee will be to prepare the judging criteria, promote
the submission of nominations, judge the nominations, and assist in the presentation and recognition
of the award winners at City Council.
Terms of Reference, The Park in the City, City of Niagara Falls, September, 2004 Page 3 of 4
C. Beautification, Streets cape and Gateways Master Plan
The Committee will monitor the implementation of the Beautification, Streetscape and Gateways
Master Plan. The Committee may recommend additional areas for beautification as part of their
annual work plan.
D. Environmental Matters
The Committee will be involved in environmental matters refeITed to it by City Council and
administer the Annual Environmental Award, review site plans and tree removal requests.
Membership and Chair:
The Membership of the Committee will include a wide range of people having an interest, expertise
and/or experience in beautification or the environment. Membership will be composed of fifteen
(15) members and including nine (9) citizen appointees, (5) ad-hoc Committee Chairs from
Landscape, Urban Forestry, Heritage, Tidiness, Summer Trillium Awards and one (I) member
of Council. Additional non-voting advisory representatives from such agencies as the Niagara Parks
Commission, the Niagara Falls Nature Club, the local Business Improvement Areas (BrA's) and
Niagara Falls Tourism will be encouraged.
The term of Membership ofthe Committee will coincide with the Term of City Council. Existing
members will be required to submit their intentions to return to the Committee. An advertisement
will be placed in the local newspaper for new members as part of the City's process for selecting
members to various City Committees. Members of the Committee will be approved and endorsed
by Council.
The Chairperson shall be the City Council representative. A Vice-Chairperson will be elected by the
Committee members at their inaugural meeting to act in the capacity of Chair in his or her absense.
Meeting Format:
Meetings will be held on a monthly basis, or at the call of the Chair. Meetings will normally be held
on the third Wednesday of each month at 4:00 p.m. at City Hall. The agendas and minutes will be
prepared by the liaison representative from the Parks, Recreation and Culture.
Staff Support:
The City's Parks, Recreation and Culture liaison will act as Secretary-Treasurer to the Committee,
providing professional and administrative support. Additional staffliaison support will be provided
by the City's Planning & Development Office.
Terms of Reference, The Park in the City, City of Niagara Falls, September, 2004
Page 4 of 4
Budget:
Costs associated with the administration and special projects related to the Committee's activities
will be administered through Parks, Recreation & Culture and Planning & Development at the
discretion of the Committee and will require Council's approval for major disbursements. An annual
budget will be provided for the operation of the Committee.
Work Program:
At the first meeting of each calendar year, the Committee will review its Work Program for the
upcoming year. The Work Program will focus on the implementation of the Beautification,
Streetscape and Gateway Master Plan, and progress related to the Communities in Bloom Program.
The Committee may establish additional ad-hoc committees to deal with specific areas.
Amendment of Terms of Reference:
The Committee may direct staff to prepare draft amendments, and/or revisions to the Terms of
Reference at any time. The Committee will obtain Council approval before such amendments
and/or revisions take effect.
S,\Council\CounciI2004\Park in the City - Terms of Reference September 2004.wpd
Community Services Department
R.2004.74
The City of ~~ Parks, Recreation & Culture
. 4310 Queen Street
Niagara Falls P.O. Box 1023
Canada ~ Niagara Falls, ON L2E 6X5
"" web site: www.city.niagarafalls.on.ca
--- -
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
Adele Kon
Director
November 15, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
R-2004-74 - C.B. Wright Park Creative Playspace Proposal
RECOMMENDATION:
That the proposal POI-2004 from Belair Recreational Products Inc., for the supply and installation
of new playspace equipment at C. B. Wright Park, in the amount of$ 22,951.55 including taxes be
approved.
BACKGROUND:
Parks, Recreation and Culture staff, thru the Supply & Services Section, issued a public invitation
for design proposals for new playspace equipment at c.B. Wright Neighbourhood Park. The
proposal required the supply and installation of new creative playspace equipment for a total budget
of$25,000.00 including taxes.
Five (5) playground companies submitted proposals to the City. Staff completed a thorough review
of each proposal and prefeITed the Belair design submission. The decision for the successful
playspace proposal was not based solely on the price, since the total budget was provided in the
Request for Proposal. Factors such as number of slide opportunities, play value, access points,
design appearance, and maintenance were considered in the decision making process.
Fiuancing:
Funding for this project was included in the 2004 Capital Budget.
Working Together to Serve Our Community
Municipal Works' Fire SelVices . Parks, Recreation & Cuiture . Business Development. Buiiding & By-Law SelVices
...
November 15, 2004
Prepared by:
Adele Kon
Director of Parks, Recreation & Culture
JD/das
Attachments
- 2-
Respectfully submitted:
~/!l (~ ~
I hn MacDonald
hief Administrative Officer
S:\Coun,il\Coun,iI2004\R-2004-74- C.B. Wright Park Creative Playspa,e Proposal.wpd
R-2004-74
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The City of Niagara Falls, Ontario
Council Chambers
No.
November 15,2004
Moved by Alderman
Seconded by Alderman
WHEREAS December 11 th, 2004 is the day commemorating the centennial of the City of Niagara
Falls; and
WHEREAS many exciting activities, events and programs are planned for the day; and
WHEREAS in the spirit of the day's festivities, the Centennial Celebration Committee is working
diligently to bring together an exciting number of activities and events, at either no cost, or very low
cost to the residents and visitors of Niagara Falls. .
THEREFORE BE IT RESOLVED that on December 11,2004, parking on all on-street meters,
pay and display machines and in all daily municipal parking lots will be fTee; and
FURTHER BE IT RESOLVED that on December II, 2004, the fee for the Public Skating times
(Hours: 2:15 p.m. - 3:45 p.m.) at the Niagara Falls Memorial Arena be $1.00.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA
CITY CLERK
R. T. (TED) SALCI
MAYOR