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2000/10/16PRAYER: Alderman Judy Orr PLANNING MEETING October 16. 2000 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Niagara Falls Public Library DEPUTATIONS Mr. Joe Longo, Chief Librarian wishes to make a brief presentation regarding the public library and request that Council proclaim the week of October 16th - October 22nd, 2000, as Ontario Public Library Week. YWCA of Niagara Falls Ms. Linda Branchaud, Executive Director, YWCA of Niagara Falls, wishes to address Council on "YWCA Week Without Violence". Board of Museums Ms. Kim Bubnick, Treasurer, Board of Museums wishes to address Council on the upcoming events and activities of the Board of Museums. PLANNING MATTERS ITEM NO. 2000-39 ITEM NO. 2000-40 ITEM NO. 2000-41 -2- Public Meeting Zoning By-law Amendment Application AM-27/2000, Niagara Worship Centre 5556 Dorchester Road; Proposed Addition Background Material: Recommendation Report: PD-2000-112 - AND - Correspondence from Regional Niagara, Planning And Development Department Correspondence from Regional Niagara, Regional Public Works Department Correspondence from the Ministry of Transportation Correspondence from Ms, Diane McRae Public Meeting Official Plan & Zoning By-law Amendment Application AM-30/2000, Orexis Holdings Limited 4414 Portage Road Proposal for General Commercial Zoning Background Material: Recommendation Report: PD-2000-113 - AND - Correspondence from Broderick & Partners Correspondence from TRG Insurance Brokers Inc. Correspondence from Regional Niagara, Planning And Development Department Correspondence from Regional Niagara, Regional Public Works Department Public Meeting Zoning By-law Amendment Application AM-31/2000, Anne Marie Dobi; 6028 Culp Street Bed and Breakfast Background Material: Recommendation Report: PD-2000-114 - AND - Correspondence from Regional Niagara, Planning and ITEM NO. 2000-42 ITEM NO. 2000-43 ITEM NO. 2000-44 -3- Development Department. Correspondence from Andrea and Malcolm Duncan Public Meeting Zoning By-law Amendment Application AM-33/2000, Anna-Marie Bouwman, Daniel Bouwman And Jacqueline Burciul Part of 7083 Beechwood Road, New Lot Background Material: Recommendation Report: PD-2000-115 - AND - Correspondence from Regional Niagara, Planning and Development Department Correspondence from Regional Niagara, Regional Public Works Department Correspondence from Fire Prevention Officer Public Meeting Zoning By-law Amendment Application AM-34/2000, Canadian Corps Unit 104 4674 Ferguson Street; Proposed Private Club Background Material: Recommendation Report: PD-2000-117 - AND - Correspondence from Regional Niagara, Planning and Development Department Correspondence from Regional Niagara, Regional Public Works Department Correspondence from Taylor Forge Limited Public Meeting Official Plan & Zoning By-law Amendment Application AM-32/2000, Michael Colaneri & Tara Colaned 5840 Dunn Street; Apartment Building Background Material: Recommendation Report: PD-2000-119 - AND - ITEM NO. 2000-46 ITEM NO. 2000-46 Correspondence from Mrs, D. Damiano Correspondence from Captain/Fire Prevention Officer Correspondence from Regional Niagara, Planning and Development Department Correspondence from Regional Niagara, Regional Public Works Department Correspondence from Michael & Tara Colaneri Public Meeting Zoning By-law Amendment Application AM-29/2000, Bernadette Flier; 5765 Montrose Road Agent: Chris Cristelli Background Material: Recommendation Report: PD-2000-120 - AND - Correspondence from Regional Niagara, Planning and Development Department Correspondence from Regional Niagara, Regional Public Works Department Public Meeting Zoning By-law Amendment Application AM-35/2000, Herb Ledwez Proposed 26-Unit on-Street Townhouses 6365 Drummond Road Background Material: Recommendation Report: PD-2000-121 - AND - Correspondence from Broderick & Partners Correspondence from Regional Niagara, Planning and Development Department Correspondence from Regional Niagara, Regional Public Works Department Correspondence from Municipal Works, Manager of Development Correspondence from Marie Gravelie Chief Administrative Officer ADOPTION OF MINUTES: -5- MISCELLANEOUS PLANNING MATTERS PD-2000-122, Site Plan Application; SPC 21- 2000; 4915 Clifton Hill; Proposed Expansion to the Sheraton on Falls Hotel. REGULAR COUNCIL MEETING Regular Council Meeting of October 2, 2000. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Winter Festival of Lights - Re: Fireworks Display - requesting Council approval to hold fireworks displays at the Niagara Gorge on the following dates and times: November 18, 2000 at 5:25 p.m.; November 24, 2000 at 9:00 p.m.; December 1, 2000 at 9:00 p.m.; December 8, 2000 at 9: p.m.; December 15, 2000 at 9:00 p.m.; December 22, 2000 at 9:00 p.m.; December 26, 2000 at 9:00 p.m.; December 29, 2000 at 8:00 p.m.; December 31, 2000 at 9:15 p.m. and at Midnight. RECOMMENDATION: That the request be approved. Winter Festival of Lights - Re: Annual Night Parade - requesting Council approval to hold the Third Annual Night Parade for the Winter Festival of Lights to be held on Friday, November 24, 2000; Friday, December 1, 2000; Friday, December 8, 2000; Friday, December 15, 2000; Friday, December 22, 2000; Tuesday, December 26, 2000, Friday, December 29, 2000 and Monday, January 1, 2001 all at 8:00 p.m. RECOMMENDATION: That the request be approved. Brain Tumor Foundation of Canada - Re: Proclamation - requesting Council proclaim the month of October as "Brain Tumor Awareness Month" in Niagara Falls. RECOMMENDATION: That the request be approved. Westlane Secondary School - Re: Proclamation - requesting Council proclaim, Tuesday, October 17, 2000 as uNational Students Against Impaired Driving Day" in Niagara Falls. RECOMMENDATION: That the request be approved. -6- Additional Items for Council Consideration: The City Clerk will advise of any further Items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chairman) Chief Administrative Officer MW-2000-121, Consulting Services for the Design of Sanitary Trunk Sewer Fallsview Tourist Core Area. Chief Administrative Officer MW-2000-123, Bank of Montreal Lease to City Rear of Main Street, Municipal Parking Lot #13. CORPORATE SERVICES MATTERS 1. Chief Administrative Officer F-2000-63, Municipal Accounts. MISCELLANEOUS MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer CD-2000-25, Changes to Bingo Policy, Friday Midnight Slot. L-2000-81, Establishment of a Road Widening as a Public Highway; Portage Road Part 5 on Reference Plan 59R-11153. L-2000-82, Authorization to Proceed with Closing Part of the Unopened Road Allowance Lying South of Land Owned by Niagara Glen- View Tent & Trailer Park between Victoria Avenue and River Road. - AND - Correspondence from Niagara Glen-view Tent & Trailer Park Correspondence from the Great Lakes Companies, Inc. -?- Chief Administrative Officer L-2000-83, Conveyance of Former CNR Right of Way to Owner of 8678 Champlain Drive. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2000-222 To provide for the adoption of an amendment to the City of Niagara Falls Official Plan (Re: AM-26/00; Amendment No. 32) 2000-223 To authorize the execution of an agreement with the Greater Niagara Baseball Association with respect to operating and managing the Club House. 2000-224 To authorize the execution of an agreement with Acres and Associated Environmental Limited respecting the design of sanitary trunk sewer from Bender Hill to Clifton Hill. 2000-225 To authorize the execution of a Lease Agreement with Bank of Montreal for the purpose of leasing to the City certain land on the east side of Main Street, north of Ferry Street for public parking. 2000-226 To establish Part 5 on Reference Plan No. 59R-11153, as a public highway, to be known as and to form part of Portage Road. 2000-227 To amend By-law No. 79-200, as amended. (Re: AM-26/2000; 6690 Montrose Road) 2000-228 To amend By-law No. 6661, 1964 as amended, being a by-law in respect of signs. 2000-229 To authorize an Agreement with the Bank of Nova Scotia. 2000-230 To amend By-law No. 79-200, as amended.(Re:AM-23/2000,8189 Lundy's Lane) 2000-231 2000-232 -8- To amend By-law No. 79-200, as amended. (Re: AM-35/2000, 6365 Drummond Road) To authorize monies for General Purposes (October 16, 2000) NEW BUSINESS niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356-8080 Fax: 905/356-7004 September 21, 2000 Mr. Woody Wagg City Clerk City of Niagara Falls Re: PUBLIC LIBRARY WEEK PROCLAMATION & BRIEF PRESENTATION TO CITY COUNCIL Dear Woody: Ontario Public Library Week will be celebrated throughout our province this year during the week of October 16th. The Niagara Falls Public Library Board wishes to appear before City Council at the beginning of your meeting of October 16, 2000 to: a) request that City Council proclaim this week as Ontario Public Library Week in Niagara Falls, and b) to make a brief presentation about our public library to City Council. Please advise me at what approximate time will we be scheduled on the Agenda. I have enclosed a sample wording of the proclamation for the consideration of Council and some bookmarks for dislribution. Mr. Cat-man Dix, Chair of the Library Board, and I will make some brief comments about our library to City Council. Sincerely, Joe Longo Chief Librarian pLANNiNG MEETING, LOCI C. Dix , TYWCA of Niagara Falls September 18, 2000 6135 Culp Street Niagara Falls, Ontario Canada L2G 2B6 (905) 357~9922 (905) 357-6440 (Fax) ywcanf@iaw. on .ca (Ernai l) Charitable Registration # 023 6562 49 B.C. Wagg, City Clerk City of Niagara Falls, P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Wagg; The YWCA of Niagara Falls will mark the sixth annual YWCA Week Without Violence from October 15 - October 21, 2000. The YWCA Week Without Violence is an international effort to brihg individuals of all cultures races and creeds together to build solutions to violence in their own communities. The YWCA of Niagara Falls respectively has two requests. 1. We would like the Mayor and Council to be made aware of the Week Without Violence and the activities planned for the above dates. 2. We would like to make a deputation to Council about the Week Without Violence and also use the occasion to tell how and for whom the cities help is being used at the YWCA of Niagara Falls, as well as an update on the renovations at the Culp Street facility. We are requesting our deputation for the meeting on Monday October 16, 200. Thank you for your consideration of these requests. Sincerely, Bernice Mowat, President Chairperson, Week Without Violence Over 80 Years of Community Service and Growing tJnited Way i,.,... ,,,, BOARD OF MUSE UMS ~ "Building a Future out of our Past" c/o Lundy's Lane Historical Museum, 581o Ferry Street, Niagara Iills, ON L2G IS9 Mayor Wayne Thomson and Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls, L2G Your Worship and Members of Council, I am here to present to you on behalf, of the City of Niagara Falls Board of Museums, a continuing update of the Board of Museums initiatives, the volunteer membership, the third newsletter, , as well as upcoming events and activities. These efforts will continue to support programming that will draw not only tourists, but local visitors as well. With the need to expand the Lundy's Lane Historical Museum, it is the Board's continued intention to revitalize the Lundy's Lane Historical Museum building expansion plans and forge ahead to make it a reality in time to commemorate the War of 1812 Bi-Centennial. At this time we will be concentrating our efforts on both a raffle and a Silent Auction. We invite you to purchase tickets when you are approached by City of Niagara Falls Museum Board memb.ers. We would also like to take this time to invite everyone to the Silent Auction to be held this Thursday October 26 at 7pm at the Optimist Hall. It is our opinion that the City of Niagara Falls is a world class tourist destination, and as such, it is our responsibility to ensure that our museums present visitors with a world class experience. There is a need to better serve our visitors and residents as well as doing justice to the most important conflict known, the Battle of Lundy's Lane, which was also a significant turning point in Canadian history. The Lundy's Lane Historical Museum needs to have the continued moral and financial support of this Council to make the Niagara Falls Board of Museums' vision of expanding the Lundy's Lane Historical museum a reality. We hope that this can be accomplished by the City of Niagara Falls while it is also focusing its attention on other important Heritage properties. I would like to thank you on behalf of the Board of Museums for giving me the opportunity to present tonight. Sincerely, Kim . ubmck Treasurer, Board of Museums £unaCy's £ane q4i'swrical!Museum 58~o 'Ferry Street 358-5082 Wiabughby qqi'storicaF gMuseum 9935 9~a~ara !Parkway 295-4036 Board of Museums "Building a Future out of our Past" Silent Auction Thursday, October 26, 2000 at 7:00 pm Door Prizes * Wine and Cheese * * qzree 91dmission * Optimist Hall Dorchester Road, Niagara Falls Lundy's Lane 58~o 'Ftrry Street Volume 1, Issue 3 Circa... The Publication of the City of Niagara Falls Board of Museums willoughby 9935 ~i'a~qat'a ePar~way A Quarterly Newsletter for Museum Volunteer Members September 2000 City Of Niagara Fags Board of Museums 2000 Chair Alderman, Shirley Fisher Vice-Chair Ken Warren Secretary Peter McKenna Treasurer Kim Bubnick Sherman Zavitz. Jesse Pudwell dohn Harkhess dim Mitchinson Gordon West Bernie Villarail Lundy's Lane Museum Margaret-Anne Tabaka Willoughby Museum Emma Chambers Recording Secretary Verna Reid Silent Auction.t On Thursday October 26 at 7pm at Optimist Hall, the City of Niagara Falls Board of Museums will be holding a SilentAuction featuring door prizes,wine and cheese, and raffles, all in an effort to raise funds for a much needed and long awaited building expansion! The evening is promising to be entertaining! This is a community sponsored event which reaffirms the need to keep our museums current! Local businesses are supporting the Lundy's Lane Historical Museums Building expansion with donations to the Silent Auction as their way of showing their support. Please show your support by marking this date on your calendar. Admission is free, however we are accepting donations! Council Presentation On Monday August 21, the City of Niagara Falls Board of Museums addressed City Council with an update since our previous deputation. Mayor Wayne Thomson directed Couucil to take the subject of the Lundy's Lane Museum expausiou seri- ously, and the suggestion was made that the Finance Committee seriously con- sider the request for funding and make some firm commitments to the people who are working so hard for the City Museums. The Millenium is upon us, and the celebration of the most important battle in our history needs to be commemorated in style in 2012! What am I? Most often I am made from stoneware, however, I have also been made from porcelain. In the time before central heating, I kept you warm at night. I was often called a "pig", I drink, yet do not eat! What am I? Did you guess last issue's What am I? If not, the answer can be found in front of the Willoughby Historical Museum. The "What am I?" are the logging wheels which can be found at the front of the building which is only a glin~pse of what can bc found inside. Hope to see you soon! Calendar of Events September 24 "Gas Up" Exhibits and Demonstrations of antique gasoline powered engines, equipment, and vehicles. October 26 Expausion Plau Fuudraisiug "Sileut Auctiou" at 7pro at the Niagara Falls Optimist Hall Lundy's Lane Circa The Publication of the City of Niagara Falls Board of Museums Willoughby The Sergeant's Mess "Three Brothers Went to War" was heard. The Americans had scaled the 150 foot face When the United States declared war on Britain and attacked Canada in June of 1812 William Kerby was the son of a Detroit 'Silversmith' and the second of three brothers. Their destiny was to serve in a Canadian Militia regiment and to oppose the Americans during the War of 1812. William did not attach himself immediately to any unit as he enjoyed his job as a liaison for the people in his area and also his friendship with the great Native war Chief, Tecumseh. A year earlier, Tecumseh's village at Tippecanoe River had been bumed by Americans and most of his family killed. Tecumseh wamed William of the American General Hull's movement toward Fort Detroit and William acted on it. On July 10, 1812, General Hull crossed the Detroit River with 1300 soldiers and overran the Village of Sandwich (modem day Windsor). In August, ChiefTecumseh, and General Isaac Brock, met where the Detroit River and Lake Erie meet. Tecumseh drew a map of Fort Detroit in the dirt for Brock who studied it indus- triously. Tecumseh advised Brock to attack that night. The result was that General Hull surrendered Detroit a short time later to General Brock by handing over his sword and pistol. Brock then gave them to Tecumseh. The Shawnee Chief was so surprised that he gave his prized sash to Brock who put it on immediately. Later, in October of 1812, William Kerby had enlisted in the 41 s, Regiment which was posted at Queenston. He was twenty-one. On October 13, 1812, close to dawn, the sound of cannon fire brought Fort George to its feet. Isaac Brock, sitting upon his horse in the middle of a mud path, could see American Forces crossing the Niagara River into Canada. Men of the 49* Regi- ment picked them off as they approached the river bank. William Kerby was crouched behind a low stone wall that sur- rounded the Hamilton House. He watched Brock signal the 41s' to join the York Volunteers by the riverside. Brock was so en- raged by the numbers of Americans being transported that he began waving his sword vigorously yelling, "Attack!! f" As William and others jumped the wall a bugle call from the rear of the Queenston Heights and were surrounding the Ca- nadians and British! Brock swung his attack to the Heights where hand to hand combat took place. Brock's horse, Alphie, was shot and killed. Then Brock counter- attacked and at a range of less than 30 paces was shot dead by anAmerican Rifleman. Minutes later, Tecumseh and 200 Warriors appeared and the fear they delivered chased the Americans into hiding along the tree covered banks. By late morning, William's brothers, James and George, were marching out of Fort George toward the Heights. By late afternoon they had arrived where the moming's battle had taken place. Major James Kerby and George Kerby helped carry General Brock's body to Hamilton House. The three brothers attended the funeral at Fort George. James was an Honorary Pallbearer, William was one of those who carried the casket and George was in the Hon- our Guard. Cannons boomed that afternoon, on both sides of the Niagara, out of respect for the fallen General Isaac Brock who, two days before his death, had received a commission as a Major General,...but he never knew it. The Kerby brothers would fight in many more battles throughout the War of 1812 and survive them all. Thanks to men like these, and their faithful women, Canada would remain a British possession and become the great nation that it is today!! ...submitted by Jesse Pudwell, Sergeant of the Glengarry Light Infantry Fencibles Sources used: War o[1812. 1813 and 1814 Fought Between the United States of America and Great Britain, Auchinleck, 1854. August '90 Military History A Diary, John LeCoutier of the 104~ Regiment in Canada, Graves, 1996. All submissions are welcome. Please forward in care of: Lundy's Lane Historical Museum, 5810 Ferry Street, Niagara Fails, ON L2G IS9. The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: E-mail: nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2000-112 October 16, 2000 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2000-112, Zoning By-law Amendment Application AM-27/2000, Niagara Worship Centre 5556 Dorchester Road Proposed Addition RECOMMENDATIONS: It is recommended that: 1) Council approve the Zoning By-law amendment application to permit the construction of an addition to the existing place of worship; and 2) the amending by-law include a provision requiring a 6 metre wide landscape strip between any parking area and the lot lines. PROPOSAL: An amendment to the City's Zoning By-law is requested for a vacant 1.4 ha (3.5 ac.) parcel of land known as 5556 Dorchester Road, shown on Schedule 1. The land adjoins the Niagara Worship Centre property to the north which is known as 6846 Frederica Street. The amendment is requested to permit the construction of an addition to the existing church, to include an atrium entrance and a gymnasium. Refer to Schedule 2 for further details. THE AMENDMENT: The subject lands are zoned Residential Single Family 1B Density (RIB). The applicant wishes to extend the Institutional (1) zone, which is currently in effect on the northerly portion of the lands, onto these lands. CIRCULATION COMMENTS: Information concerning the requested amendment was circulated to City depathnents, several government agencies and the public for comments. The following is a summary of the comments that have been received: Working Together to Serve Our Community Clerk's Finance · Human Resoumes · Information Systems · Legal · Planning & Development October 16, 2000 -2- PD-2000-112 Municipal Works Building Division Parks, Recreation & Culture No objections or conditions. All required Building Permits to be obtained prior to the start of construction. No objection. Fire Department No objection. Fire Safety concerns can be addressed through the normal Site Plan review and Building Permit process. · Regional Planning No objection. No Provincial interests affected. · Regional Public Works No objection. Ministry of Transportation No concerns. However, prior to construction, an MTO Building and Land Use permit must be applied for and issued. PLANNING REVIEW: The following is a summary of staffs assessment of the application. 1. What are the City's Official Plan policies for the subject and surrounding lands? The subject land and those surrounding it in all directions are designated Residential in the City' s Official Plan. Residentially designated land is intended to be developed and used predominantly for housing. In addition, a variety of ancillary uses, such as schools, churches, nursing homes and parks, are also permitted to be developed on Residentially designated land where they are compatible with the residential environment. In determining compatibility, ancillary uses are to be assessed according to the following principles. ancillary uses which primarily serve area residents shall be conveniently and appropriately located. ancillary uses with the potential of generating a significant am~iJ;,g~f2inffic should generally be located on major collector or arterial roadst0 minimize disturbances to area residents. Is the request to have the zoning of the land changed to Institutional (I) within the intent and purpose of the City's Official Plan? Yes. The northerly portion of land is already developed for church purposes and has achieved a degree of compatibility with the neighbourhood. The subject land is located at the edge of the Leeming Neighbourhood adjacent to the 420 interchange. While the predominant use of surrounding lands is for single detached dwellings, several exceptions exist. Located across the street on the west side of Dorchester Road(zoned RSB) is an apartment building and south of the site at the northeast comer of Domhester Road and High Street(zoned I) is St. Martin's Church. October 16, 2000 - 3 - PD-2000-112 The proposal to use the subject land for an expansion to the church is expected to remain compatible. The site is located on Dorchester Road, which is an arterial street. Access to the site is via Frederica Street which is a signalized intersection. Because the site is located on the periphery of the neighbourhood, an arterial road, and in close proximity to a highway interchange, disturbances to area residents as a result of any increased traffic on the surrounding roads should be minimal. 3. Is the requested zoning amendment appropriate? Yes. The requested Institutional (I) zone is the same zone which is in effect on the land where the existing church building is located. The I zone permits places of worship and was designed to guide their development. Staffs only concern is that sufficient landscaping and fencing must be provided between the parking area and the lot line to reduce noise and lighting impacts generated by on-site vehicle movements. An objection from an abutting property owner has been submitted on this matter. In keeping with Council' s recent interest in ensuring that parking lots which abut residential properties are properlybuffered, staff is recommending that the amending by-law include a provision requiring a 6 metre wide landscape strip between any parking area and the lot lines. 4. What are the site plan requirements? The applicant will be required to enter into a site plan agreement to address parking layout, landscaping, fencing adjacent to parking lots and site servicing, among other matters. CONCLUSION: Based on the foregoing, staff recommend that the requested zoning amendment be approved. The proposal to use the subject land for a church is within the intent and purpose of the City's Official Plan and should have no adverse impact on the surrounding residences provided that sufficient buffering is provided between any parking areas and the property lines. Prepared by: Ken Mech Planner 2 Recommended by: ~:h'~oug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services KM:lt Attach. Respectfully submitted: Edward P. Chief Administrative Officer SAPDR~000~PD2000-112.wpd SCHEDULE 1 LOCATION MAP Subject Property ~hway 420 -I Garden Street Leeming Stree~ SuNe~ r- Cook Street o 0 0 "' ~ ' Leeming ;treet ] Amending Zoning By-law No. 79-200 5556 Dorchester Road Applicant: Niagara Worship Centre AM-27/2000 I:NTS L SCHEDULE 2 jijjlf~ ,~\ !imlll I \ NIAGARA Date: To: September 26, 2000 REGIONAL MUNICIPALITY OF NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT REGIONAL AND PROVINCIAL REVIEW COMMENTS ~TL/ Mr. Doug Darbyson, MCIP, RPP Planning Director City of Niagara Falls Re: Proposed Zoning By-law Amendment Addition to Existing Church Dorchester Road, south of Frederica Street City of Niagara Falls Your File: AM-27/00 (Niagara Worship Centre) Proposal: To permit the construction of an addition to the existing place of worship, including an atrium entrance and a gymnasium Regional Policy Plan: Urban Area Regional Public Works: See Attached REGIONAL REVIEW Regional Public Health: Not Applicable Additional Comments: None PROVINCIAL REVIEW Based on available information, this proposal affects/does not appear to affect the interests of the following Provincial Ministries: INTERESTS INTERESTS AFFECTED NOT AFFECTED Ministry of Agriculture, Food &Rural Affairs [] [] Ministry of Citizenship, Culture & Recreation Ministry of Environment [] [] Ministry of Municipal Affairs & Housing [] [] Ministry of Natural Resources [] [] Additional Comments: None SUMMARY ]Based on our review, Regional Planning Staff have no objection to the approval of this application. [] The following are additional comments or conditions of approval: Prepared by: ,?~7-~.~ Pat Busnello, PC~:ner I Development implementation Services Copy to: Councillor W. Smeaton Mr. W. Stevens, Regional Public Works A copy of the decision on this appfication is requested. RECEIVED SEP 2 8 2000 PLANNING ~ 9_EVELOPMENT 3550 Schmon Parkway P,O. Box t042 -Thorold Ont. L2V 4T7 - Phone (905) 984-3630 FAX (905) 641-8208 NIAGARA DATE: TO: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM September 21, 2000 Pat Busnello Planning and DeVelopment Department Public Meeting Zoning By-law Amendment AM-27/2000 Proposed Gym and Atrium Entrance Niagara Worship Centre 5556 Dorchester Road and 6846 Frederica Street City of Niagara Falls Our File: D.10.000.2 (AM-27/2000) We have no objection to the rezoning in order to permit the construction of an addition to the existing place of worship, including an atrium entrance and gym. William J. ens, C.E.T. Supervisor Development Approvals DR/cm CC: D. Farley Planning Department, City of Niagara Falls L:\Engineering-Planning-and-Development\Rusnak-Dave\Niagara Falls\3132.p.busnello.memo.doc Ministry of Minist~re des Transportation Transports Ontario C. gdZ, zb/C ~9 Phone: Fax: E-mail: (416) 235-4280 (416) 235-4267 peter.dorton@mto.gov.on.ca Central Region Corridor Management Office 1st Floor, Building D 1201 Wilson Avenue Downsview, Ontario M3M 1J8 September 18, 2000 Mr. Doug Darbyson Director of Planning and Development Planning & Development Department City of Niagara Falls 4310 Queen St., PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Zoning By-Law Amendment Application, File No. AM-27/2000, Niagara Worship Centre 5556 Dorchester Rd., Lot 125, City of Niagara Falls (Stamford Twp.) SE Quadrant, QEW / Dorchester Rd. IC The ministry has no concems with the above noted application, including previously circulated site plan drawings for the proposed Niagara Worship Centre expansion. Please advise applicant that, prior to construction, an MTO Building & Land Use permit must be applied for and issued from Mr. Veto Stoyke, Permits Officer in our Burlington Office (905-637- 4108, ext. 242). If you have any questions please feel free to contact me. Peter Dorton Project Manager cc. W. Stoyke - w/attach RECEIVED SEP 2 1 2000 ~LANNING _._ ~ OEVELOPMENT Ms Diane McRae 5543 Woodland Blvd Niagara Falls, ON L2G 5K6 (905) 358-9274 October 6, 2000 Mr. Doug Darbyson, Director of Planning and Development Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2 E 6X5 Subject: City File AM-27/2000 Dear Mr. Darbyson, As a resident of Woodland Blvd.,[ have several concerns regarding City File AM 27/2000. I am concerned the proposed expansion of the Niagara Worship Centre at 6846 Fredefica Street and the rezoning of the adjacent property at 5556 Dorchester Road will have a negative impact on both my property value and my privacy. The backyard of my home runs along what is currently the parking lot of the Niagara Worship Centre. There is no fence separating the two properties and as a result litter from the Centre's parking lot blows into my yard. My backyard has also become a thoroughfare for some of the Centre's members along with children attending the school that is located on the premises. ! am concerned the proposed expansion will only exasperate the situation. While I am not opposed to the expansion I would like assurances my privacy will be guaranteed. I would like to see the Centre erect a privacy fence approximately eight feet in height along my properly line that abuts the Niagara Worship Centre. I would also appreciate the planning department and Council members give special consideration to the impact the rezoning will have on properties in the area, particularly those on Woodland Blvd. I am worried about any long tern~ development plans the Centre may be considering, beyond the current edition of the gymnasium and atrium and how the), would impact on our quiet and well maintained neighbourhood. Thank you, MS Diane McRae Kim Craitor Carolyn lannoni Mayor Wayne Thomson Paisley Janvary Pool RECEIVED OCT 10 2000 PLANNING & DEVEL Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: 356-2354 E-mail: nfplan@city.niagarafalls.on.ca October 16, 2000 Doug Darbyson Director PD-2000-113 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2000-113, Official Plan & Zoning By-law Amendment Applications AM-30/2000, Orexis Holdings Limited 4414 Portage Road Proposal for General Commercial Zoning RECOMMENDATIONS: It is recommended that Council approve: 1) the change to the Official Plan designation of the subject lands from Industrial to Major Commercial; 2) a Parking (P) zone being applied to the subject lands, as an alternative to the proposed General Commercial (GC) zone, which would limit the lands to being used only for parking; and 3) a site plan agreement being entered into with the owner that addresses parking layout, drainage, landscaping and CN Rail requirements prior to the passage of the amending by-law. PROPOSAL: Amendments to the Official Plan and Zoning By-law are requested for the rear portion of the lands known as 4414 Portage Road (Chatters Eatcry & Bar) shown on Schedule 1. The lands are .currently occupied by a 3,600 square foot building, but are otherwise vacant (see Schedule 2). In order to gain full utilization of the whole property for commercial purposes, the applicant is proposing the amendments as noted below. The applicant, at present, has no specific plans for development of the subject lands. THE AMENDMENTS: The lands are currently designated Major Commercial and Industrial in the Official Plan. The designation of the Industrial lands is proposed to be changed to Major Commercial. See Schedule 3 for details. The zoning of the lands is GC-313 and LI. It is proposed to change the LI zoning to GC. Working Together to Serve Our Community Cler~'s · Finance · Human Resoumes · Information Systems · Legal Plannin~l & Development October 16, 2000 - 2 - PD-2000-113 CIRCULATION COMMENTS: Information regarding the applications was circulated to City departments, agencies and the public for comments. Comments received to date are noted below or further in this report. · Municipal Works Parks, Recreation & Culture Building & By-law Services · Fire Department · Regional Public Works PLANNING REVIEW: A 10-foot road widening across the full frontage of Portage Road is to be dedicated. Storm water management will be required for development of the subject lands. No objections. All building permits are to be obtained prior to commencement of construction. No objections. No objections. The following is a summary of staffs assessment of the applications. 1. What is the history of the property? The property has a long established use as a restaurant and dairy bar. In 1992, Council approved By- law No. 92-80 which permitted a billiard hall to be established on the GC lands. In January 1999, Council deferred its decision regarding a proposed bar and patio for the LI lands due to strong neighbourhood opposition. 2. Why are the amendments requested? The lands have both industrial and commercial designations and zoning which split the property. It is difficult, therefore, to develop an overall development strategy for the site. Due to the fact that the predominant landuse is commercial, it is reasonable to extep/1 the Major Commemial land use designation over the entire property. The proposed GC zoning Would be consistent with the Major Commercial designation and would permit full utilization of the property for commercial purposes. 3. Is the requested Official Plan amendment appropriate? Yes. The current split designation of the property between Major Commercial and Industrial essentially stagnates its development potential. The redesignation basically amounts to a boundary adjustment which will place the Major Commercial land use designation on the subject lands and. thus permit a commercial zoning to be applied to the lands. The Official Plan provides that minor rounding out of commercial areas can occur where it will enhance economic viability and improve internal traffic cimulation. October 16, 2000 - 3 - PD-2000-113 4. Is the requested zoning amendment appropriate? The applicant is requesting that the GC zoning on the from portion of the property be applied to the rear part of the subject lands. The GC zoning permits a wide variety of retail, restaurant, office and other commercial and service type uses. The applicant has not come forth with any specific proposals for the subject lands other than to use it for parking to support a proposed banquet hall. Letters received from adjacent landowners state that they are concerned or opposed to the applications as there are no specific uses for which application is being made. Discussions with the landowners revealed that their concerns essentially revolve around the possibility that the previously proposed bar/patio or similar establishment could be developed on the subject lands under the proposed GC zoning. As the applicant purports that the immediate intention is to use the subject lands for parking, Staff are of the opinion that a Parking (P) zoning be placed on the lands at this time so that they may be used for parking only. Any use other than parking is not permitted under the P zone and, as such, should satisfy the concems and objections ofneighbouring landowners. The added parking would permit some flexibility for additional building development or alternative uses to occur on the lands currently zoned General Commercial. 5. Are there site planning issues affecting the application? Yes. The following summarizes the matters that should be dealt with during site plan review. · A 10-foot road widening along the full frontage of Portage Road is to be dedicated to the City. Preliminary investigations into storm water drainage indicates that the municipal storm sewers on Portage Road are too shallow to permit a connection from the subject lands. Storm water management may be required. Site plan review will enable staff to review the current and proposed parking layout to ensure that the parking complies with the minimum dimensions set out in the Zoning By-law and an efficient arrangement is achieved. Landscaping, buffering and screening will be reviewed to ensure that adjacent properties are protected from adverse impacts. CN Rail has indicated that berating and fencing will be required along the mutual property line along the north side of the subject lands. Should Council concur with the recommendation to place a P zone on the subject lands, it is further recommended that the owner enter into a site plan agreement with the City prior to the passage of the amending by-law. CONCLUSION: Based on the foregoing, staff can support the proposed Official Plan amendment to change the land use designation from Industrial to Major Commemial. However, due to the lack of a definite proposal from the applicant and the resultant neighbourhood concems, staff are recommending that a P zoning be placed on October 16, 2000 - 4 - PD-2000-113 the lands instead of the proposed GC zoning so that the lands only be used for parking to support commercial uses located at the front of the property. When the applicant has definite plans for the rear portion of the property, he can then bring forward a further rezoning application. A site plan agreement should be entered into prior to passage of the mending by-law in order to ensure that site pining issues are appropriately addressed. Prepared . Planner 1 Recommended by: oug Darbyson ~Director of Planning & Development R~Tlly submi e~/fc~ Edward P. Lusiif'g Chief Adminis rative Offi Approved by: Tony Ravenda Executive Director of Corporate Services JB:gd Attach. SAPDRX~000~PD2000-113.wpd SCHEDULE 1 LOCATION MAP Subject Land S~""'i"'~d~Street Gallin~ Amending Zoning By-law No. 79-200 4414 Portage Road Applicant: Orexis Holdings Limited AM-30/2000 I.NTS NOTES ~:., .-..:~,/-::')',,,~ ~,&;, .;' :. ,._ .... AREA - 3.65 acres LEGEND a~T PART OF TOWNS~-F LOT 90 CITY OF NIAGARA FALLS ~ SuRvEYOR'S CER'FFICAFE i'-~:~',g+~"~L~ ..... ~c ................ MATTHEWS & CAMERON LTD. SCHEDULE 2 -) IPARTNERSI BARRISTERS & SOI.IC1TORS 4625 ONTARIO AVENUE POST OFFICE BOX 897 NIAGARA FALLS, ONTARIO CANADA L2E 6V6 'i'k'L (905) 356-2621 FaX (905) 356-6904 J.J. BRODERICK, Q.C., L,S.M. W.A. AMADI0 J.B. HOPKINS G.A. KIRKHAM LM. GILBERTI R. B. BURNS D.F. ~.LI (~94549s0 September 20, 2000 DELIVERED City of Niagara Falls City Hall 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Mr. John Barnsley, Planninq Devartment Dear Sirs: Official Plan and Zoning By-law Amendment Application File AM-30/2000 Orexis Holdin.qs Limited RECEIVE.:.=:: S F P 2 0 200Ci .i. OEVELOPt~EN-i" We act for Gale's Gas Bars Limited whose lands immediately abut the lands of the applicant to the north. Fundamentally, our clients do not object to the rezoning application with respect to the rear lands from "light industrial" to "general commercial" but they do have the following concerns. Our clients use their lands in conformity with the light industrial zoning for the storage of school buses, trucks, gasoline tractor trailers, and the storage of petro-commercial transport equipment. This equipment is also serviced in the facilities which face Portage Road. Our clients have enjoyed this usage for a great many years and, as you may be aware, operates a highly successful operation. Our clients' concern relates to the possibility of the use of the lands for a youth bar operation which could result, in certain circumstances, to damage to vehicles -2- stored well to the rear and behind the buildings located on Portage Road. As a suggestion with respect to the application, it may be appropriate to delete from the general commercial provision of the zoning by-law the use of the lands for a place of entertainment or a restaurant. As a practical suggestion, it may also be desirable that a land buffer between the parcels be constructed on the applicant's lands to ensure that the light industrial use would not conflict with the general commercial uses. Our client would like to be assured that a storm water management system will be installed by the applicant to ensure that no storm water flows on to the Gale's lands as the equipment that is parked on our parcel is heavy equipment and any flooding would be a cause of great concern to our client. If you have further particulars with respect to what the applicant intends to use the lands for we would appreciate being advised. Yours truly, JB:ct BROD K & PART . DERICK Insurance Brokers Inc. September 22, 2000 "Via Registered Mail" Director of Planning and Development City Hall 4310 Queen St. Niagara Falls, Ont. L2E 6X5 Dear Sirs: Re: CI'TY FZLE AM-30/2000 Please accept this letter as my notice of objection to the application submitted by OREXIS HOLDINGS on the subject property known as 4414 Portage Rd., Niagara Falls, Ontario. Recently I met with Planning Staff (John) to review the application, I was advised there is no site specific proposal for the subject property. The application requested the zoning be changed to General Commercial. It is my understanding this is a very broad zoning usage, therefore I would request that this application be declined until such time as the owner presents a proposal for the property to ensure that the rezoning and the use of the lands will not adversely effect ourselves as neighbors. Yours truly, Kargo Properties Inc. Alfred Rampado President AR/'jnw Head Office: 4383 Portage Road. Niagara Falls Ontario. Canada L2E 6A6 Tel. (905) 374-7000 Fax (905) 374-755 I I -800-565-8552 391 Merritt Street, St. Catharines Ontario. Canada L2P I P5 Tel. (905) 984-6633 Fax (905) 984-6690 RECEIVED SEP 2 5 2000 PLANNING & DEVELOPMENT Chelwood Gate Plaza 440 Niagara Street, Welland Ontario, Canada L3C I L5 Tel. (905) 735-2000 Fax (905) 735-2421 NIAG'*'~A October 6, 2000 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 File: M.11.27 Mr. Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Proposed Official Plan and Zoning By-law Amendment Enlargement of Major Commercial Area West of Portage Road, at CNR City of Niagara Falls Your File: AM-30/2000 {Orexis Holdincls Ltd.) RECEIVED OCT 12 2000 PLANNING & DEVELOPMENT This application proposes to redesignate the rear lands of a 3.65 acre parcel within the Niagara Falls Urban Area Boundary from Industrial to Major Commercial and to rezone the lands to commercial. The front portion of the property is presently designated Major Commercial and contains an existing commercial building. This application appears to propose a minor rounding out of the existing commercial area. The Regional Policy Plan's commercial policies would not apply to this proposal, which is of local significance. We have some preliminary comments on this proposal from a Provincial review perspective. As this application does not propose noise sensitive land uses, noise attenuation from the CNR is not a requirement. The Ministry of the Environment's noise guideline, however, includes supplementary indoor sound level criteria for uses such as retail stores, which are presented as good design objectives. This comment is only provided as information for the applicant. .' We understand that there was an industrial operation on the rear lands but we are not aware of the particular use. Depending on the nature of the previous use, it may be necessary to assess the rear lands for potential site contamination prior to site plan approval to ensure that the site meets the Ministry of the Environment's criteria for commercial use. The Ontario Hydro Canal to the east is identified as a Marginal (Type 3) habitat. There are, however, intervening land uses and we presume that storm drainage will discharge to a storm sewer system. Lot grading and drainage can be adequately addressed at the time of development approval. A copy of the comments of the Regional Public Works Department indicating no objection to this application is attached. In conclusion, Regional Planning staff has no objection to the approval of this application. A detailed Provincial review will be carried out when the City submits an Amendment for approval. Please send notice of the City's decision on this application. Yours truly, PB/ C~ Regional Councillor W. Smeaton Ms. B. Ryter, Ministry of the Environment, Hamilton Mr. W. Stevens, Regional Public Works pb/AM-30-00.doc NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM DATE: TO: SUBJECT: September 22, 2000 Pat Busnello Planning and Development Department Public Meeting Notice Zoning By-law Amendment of Official Plan and Application (AM-0/2000) Rezone Rear Lands L1 to GC - Chatters Eatery & Bar Applicant: Orexis Holdings Ltd. 4414 Portage Road City of Niagara Falls Our File: 04.108.560 (AM-39/98) We have no objection to the change in use of the subject land from Light Industrial to General Commercial. Supervisor Development Approvals DRdcm CO: John Barnsley, Planning Department, City of Niagara Falls L:\Engineering-Planning-and-DevelopmenfiRusnak-Dave\Niagara FaltsX3141.p.busnello.memo.doc The City of Niagara Fallst Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: E-mail: nfplan@city.niagarafalls.on.ca October 16, 2000 Doug Darbyson Director PD-2000-114 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2000-114, Zoning By-law Amendment Application AM-31/2000, Anne Marie Dobi 6028 Culp Street Bed and Breakfast RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit the existing dwelling to be used as a bed and breakfast providing not more than 3 bedrooms for tourists. THE PROPOSAL: An amendment to the City's Zoning By-law is requested for the land known as 6028 Culp Street shown on Schedule 1. The amendment is requested to permit the existing dwelling to be used as a tourist home (bed and breakfast) providing not more than 3 bedrooms for tourists. Refer to Schedule 2 for further detail. THE AMENDMENT: The land is currently zoned Residential Single Family and Two Family (R2). Site specific by-law provisions are requested to be added to the zoning of the land to permit the existing dwelling to be used as a tourist home providing not more than 3 bedrooms for tourists. CIRCULATION COMMENTS: Information concerning the requested amendment was circulated to City departments, several government agencies and the public for comments. The following is a summary of the comments that have been received: Working Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems · Legal Planning & Development October 16, 2000 - 2 - PD-2000-114 · Municipal Works No objections or conditions. Building Division All required Building and Plumbing Permits to be obtained prior to commencement of construction. · Parks, Recreation & Culture Dept. No objections. Fire Department Fire Safety concerns will be addressed through a change in Use Permit or Building Permit and the Ontario Fire Code. · Regional Planning No objection. No Provincial interests affected. · Regional Public Works No objections. Andrea and Malcolm Duncan 6103 Culp Street Support the application (Letter in Agenda). PLANNING REVIEW: The following is a summary of staffs assessment of the application: 1. Is the proposal within the intent and purpose of the City's Official Plan? Yes. The subject property is designated Residential in the City's Official Plan. A number of ancillary uses may be permitted on Residentially designated land where they are compatible with the residential environment. Bed and breakfast accommodations are one of these ancillary uses. The establishment of such facilities are to be carefully regulated as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. The use of the existing dwelling as a bed and breakfast should have no adverse impact on the surrounding neighbourhood which is comprised of a mix of dwelling types including single detached houses, duplex (converted) dwellings, and apartment buildings. The dwelling will continue to be used primarily for residential purposes. This is the first bed and breakfast to be proposed on this street. Culp Stre'et'is a collector roadway and an important linking street on the City's bus route. Because the guests of bed and breakfasts usually travel at non-peak hours, staff do not anticipate any traffic difficulties if the amendment is approved. The subject property is unusually large for the neighbourhood being two lots wide. The subject dwelling is a large, 2-storey, brick structure. The design is typical of what was built in the area in the early 1900's and has a lot of character. Because no changes are proposed to the exterior of the dwelling its identity in the neighbourhood will not be changed as a result of this application. October 16, 2000 - 3 - PD-2000-114 The three additional parking spaces which are required for guests are proposed to be provided between the existing driveway and the dwelling. Although some landscaping will have to be removed in the side yard to accommodate the additional parking, the property will continue to have a generous, private, landscaped back yard. 2. Is the requested amendment appropriate? Yes. The lands are zoned Residential Single Family and Two Family (R2). The R2 zoning is intended to be maintained. The amendment only involves the addition of site specific provisions to the land's R2 zoning to permit the existing dwelling to be used as a bed and breakfast providing not more than 3 bedrooms for tourists. CONCLUSION: Based on the foregoing, staff recommend that the requested zoning amendment to permit the existing dwelling to be used as a bed and breakfast providing not more that 3 bedrooms for tourists be approved. The proposal is within the intent and purpose of the City's Official Plan and should be compatible with the uses in the surrounding neighbourhood. Prepared by: Ken Mech Planner 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development 2~n-Tony Ravenda Executive Director of Corporate Services KM:lt Attach. SAPDRN2000~PD2000-114.wpd SCHEDULE 1 LOCATION MAP Subject Lands I ~ylgr ,~tree' A.qh ~trRpt I ~ Amending Zoning By-law No. 79-200 ~ 6028 Culp Street Anne Marie Dobi AM-31/2000 I :NTS 2(~n, I'1 ~ b ~ 4D 7¢,, F-A~a-T t,-oT IS ' ~t~,~ '215 :~ P~qLTc~ LoT I~. 0 NIAGARA REGIONAL MUNICIPALITY OF NIAGA PLANNING AND DEVELOPMENT DEPARTMENT REGIONAL AND PROVINCIAL REVIEW COMMENTS Date: To: September 27, 2000 Mr. Doug Darbyson, MCIP, RPP Planning Director City of Niagara Falls Proposed Zoning By-law Amendment 3-Bedroom Tourist Home (Bed & Breakfast) Culp Street, west of Orchard Avenue City of Niagara Falls Your File: AM-31/00 (A. Dobi) Proposal: To permit the existing dwelling to be used as a tourist home (bed & breakfast) providing not more than 3 bedrooms for tourists REGIONAL REVIEW Regional Policy Plan: Urban Area Regional Public Works: Refer to Public Works Comments Regional Public Health: Not Applicable Additional Comments: None PROVINCIAL REVIEW Based on available information, this proposal affects/does not appear to affect the interests of the following Provincial Ministries: INTERESTS INTERESTS AFFECTED NOT AFFECTED Ministry of Agriculture, Food &Rural Affairs [] [] Ministry of Citizenship, Culture & Recreation Ministry of Environment [] [] Ministry of Municipal Affairs &Housing [] [] Ministry of Natural Resources [] [] Additional Comments: None SUMMARY C~Based on our review. RegiOnal Planning Staff have no objection to the approval of Ihis application. [] The following are additional comments or conditions of approval: Development Implementation Services Copy to: Councillor W. Sineaton Mr. W. Stevens, Regional Public Works A copy of the decision on this application is requested. RECEIVED SEP 2 8 2000 PLANNING & OEVELOPMENT 3550 Schmon Parkway P.O. Box 1042 - Thorold Ont. L2V 4T7 - Phone (905) 984-3630 FAX (905) 641-5208 · vcr.~o. zm qo4Ars tl~, ' PLANNING & DEVELOPMENT The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city. niagarafalls.on.ca Fax: 356-2354 E-mail: nfp[an@city.niagarafalls.on.ca Doug Darbyson Director PD-2000-115 October 16, 2000 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' PD-2000-115, Zoning By-law Amendment Application AM-33/2000, Anna-Marie Bouwman, Daniel Bouwman and Jacqueline Burciul Part of 7083 Beechwood Road, New Lot RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit the construction of a single detached dwelling on a recently approved lot. THE PROPOSAL: An amendment to the City's Zoning By-law is requested for a 1.08 acre parcel of land shown on Schedule 1. The land was recently approved to be severed from a 50 acre parcel of land known as 7083 Beechwood Road (File No. B31/2000/NF). Refer to Schedule 2 for further detail. The amendment is requested to pexmit the construction of a single detached dwelling on a recently approved lot. THE AMENDMENT: The land is currently zoned Agriculture (A). Site specific by-law provisions are requested to be added to the zoning of the land to permit the construction of a single detached dwelling on the land which has a lot frontage of 163 feet and a lot area of 1.08 acres rather than the required 493 feet frontage and 39.5 acres area. CIRCULATION COMMENTS: Information concerning the requested amendment was circulated to City departments, several government agencies and the public for comments. The following is a summary of the comments that have been received: Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development October 16, 2000 - 2 - PD-2000-115 · Municipal Works No objections or conditions. Building Division All required Building Permits to be obtained prior to commencement of construction. All pertinent Building Code issues shall be addressed at the Application Stage. Parks, Recreation & Culture Dept. Fire Department No objections. No objections. Fire safety concems can be addressed through the normal Building Permit process. · Regional Public Works - No objections. PLANNING REVIEW: The following is a summary of staffs assessment of the application: 1. What is the background of this application? On July 25, 2000, the City's Committee of Adjustment (CofA) approved an application (B31/2000/NF) to permit the creation of the subject lot. At the public hearing, the CofA was told that the applicants intended to sell the lot to Ken and Jacqueline Burciul who have a child with a rare genetic disorder. This child is completely dependent for all aspects of her daily care. Mr. and Mrs. Burciul wish to build a home on the lot to be close to their extended family, who assist in caring for their child, and Mr. Burciul's place of work (Dan' s Produce), so that he can be available to assist the child at a moment's notice. Several supporting letters from the child's doctor and health care providers were also submitted with the application. Although staff recognized the special health considerations related to that application, they were unable to recommend the application because it did not comply with the City' s Official Plan policies for Agriculturally designated land and non-farm severances. The CofA granted the severance on compassionate grounds and because they felt the proposed lot was in keeping with the intent of the Region' s in-filling policies. What is the effect of the amendment? The requested amendment will satisfy one of the conditions imposed by the City's CofA when it approved the severance for the subject lot. The amendment will recognize the undersized lot frontage and lot area. The Agricultural (A) zone will be retained and site specific provisions will be applied to this lot. This non-farm residential parcel abuts two rural residential lots to the south which each have a frontage of 295 feet and an area of 2.0 acres. October 16, 2000 - 3 - PD-2000-115 CONCLUSION: Based onthe foregoing, staffsupport the requested amendment. The amendment will permit asingle detached dwelling to be constructed on a lot which was recently approved by the City' s Committee of Adjustment. Prepared by: Ken Mech Planner 2 Recommended by: Respectfully submitted: ~(12_oug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services KM:gd Attach. S :XPDR',2000XPD2000-115 .wpd SCHEDULE 1 LOCATION MAP Subject Land C C nr' McLeOdRCad Amending Zoning By-law No. '792200 Part of 7083 Beechwood Road Applicant: Anna-Marie Bouwman, Daniel Bouwman & Jacqueline Burciul AM-33/2000 ® I:NTS Mc LEOD I RO~Z) AII'CE} 2 KEY PLAN CITY OF NIAGARA FALLS ECEIVED SEP 082(]00 & oEve.OeMrd, n' SCHEDULE 2 NIAGARA REGIONAL MUNICIPALITY OF NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT Date: September 27, 2000 REGIONAL AND PROVINCIAL REVIEW COMMENTS ,~ TO: Mr. Doug Darbyson0 MCIP, RPP · Planning Director City of Niagara Falls Re: Proposed Zoning By-law Amendment Severance of Rural Non-Farm Residential Lot Beechwood Road, north of McLeod Road City of Niagara Falls Your File: AM-3~/00 (Bouwman & Burciul) Proposal: To permit the construction of a single detached dwelling on an undersized lot recently created by severance (B311001NF) REGIONAL REVIEW Regional Policy Plan: Good General Agricultural Area Regional Public Works: Refer to Public Works Comments Regional Public Health: Not Applicable Additional Comments: Regional Council agreed with Regional Planning staffs recommendation not to appeal the consent application based on special drcumstances PROVINCIAL REVIEW Based on available information, this proposal affects/does not appear to affect the interests of the following Provincial Ministries: INTERESTS INTERESTS AFFECTED NOT AFFECTED Ministry of Agriculture, Food &Rural Affairs [] [] Ministry of Citizenship, Culture & Recreation [] [] Ministry of Environment [] [] Ministry of Munidpal Affairs & Housing [] [] Ministry of Natural Resources Additional Conlm. Jents: None SUMMARY [] Based on our review. Regional Planning Staff have no objection to the approval of this application, , :. ]The following are additional COmments or conditions of approval: Prepared by: ~ Pat Bushello, Planner I Development Implementation Services Copy to: Councillor W. Sineaton Mr. W. Stevens, Regional Public Works A copy of the decision on this application is requested. RECEIVED! SEP 2 8 2000 PLANNING ,~(NELOPMENT 3s50 Schmon Parkway P.O. Box 1042 - Thorold Ont. L2V 4T7 - Phone (90S) 984-3630 FAX ('~0S} 641-5208 NIA~A DATE: TO: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM September 25, 2000 COPY Pat Busnello Planner Planning Department Public Meeting Zoning By-law Amendment Application (AM-33/2000) Proposed Single Detached Dwelling Applicants: Anna Marie Bouwman Daniel Bouwman Jacqueline Burciul 7083 Beechwood Road City of Niagara Falls Our File: D10.000-2 (AM-33/2000) We have no objection to the rezoning in order to permit the construction of a single detached dwelling on an undersized lot. This rezoning is a result of severance B-31/2000 N.F. / William J. C.E.T. Supervisor Development Approvals DR/at (#M\MSWORD~AT1415DR.MEM) cc: Planning Department - City of Niagara Falls Niagara RECEIVED! 2 b 2. o PLANNING .&_ DEVELOPMENT INTER-DEPARTMENT MEMORANDUM TO: Ken Mech, Planner 2 Copies to: ChiefCorfield Assistant Chief Smith FROM: John Laur Captain/Fire Prevention Officer DATE: September 27 2000 SUBJECT: AM- 33/2000 - 7~ning By-law amendment 7083 Beechwood Road The Fire Department has no objection to the above noted application, at this time. Fire Safety concerns can be addressed through the normal Site Plan review and Building Permit processes. If you have any questions regarding the above, or any other fire safety related matter, please do not hesitate to contact our office. yours in fire safety, John T. Laur Captain/Fire Prevention Officer JTL:mw fRECEtV O 2000 OEVELOPMENT Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: E-mail: nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2000-117 October 16, 2000 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: PD-2000-117, Zoning By-law Amendment Application AM-34/2000, Canadian Corps Unit 104 4674 Ferguson Street Proposed Private Club RECOMMENDATION: It is recommended that Council approve the proposed private club use for 4674 Ferguson Street conditional upon the owner undertaking remediation of the contaminated soils on the site in accordance with the recommendations of the Phase III Environmental Site Assessment prior to passage of the amending by-law. THE PROPOSAL: An amendment to the Zoning By-law is requested for the lands known as 4674 Ferguson Street, shown on Schedule 1. The 0.86 acre parcel is currently occupied by a vacant two-storey office building and was recently purchased from the City by the Canadian Corps Unit 104. The Canadian Corps is essentially a private club. Schedule 2 illustrates the proposed site development plan. THE AMENDMENT: The subject land is currently zoned Light Industrial (LI) and General Industrial (GO. The proposed amendment is two-fold: · to add a private club as a permitted use in the existing building; and · to permit the site to be used as shown on the site plan. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal . Planning & Development October 16, 2000 - 2 - PD-2000-117 CIRCULATION COMMENTS: Information concerning the application was sent to City departments, agencies and the public for comment. The following is a summary of the comments received to date: Municipal Works The site will be limited to access ramp on Dyson Avenue and one on Muir Street only. Should the parking lot be paved, the applicant will have to extend a storm sewer from Ferguson Street to the subject lands. Building and By-law Services All perufits are required to be obtained prior to construction. · Fire Department - ' All concerns can be addressed through a Change in Use Permit. · Parks, Recreation & Culture Dept. NO conceiTIs. · Regional Public Works No concerns. PLANNING REVIEW: The following is a summary of staffs assessment of the application: 1. Why is the amendment requested? The lands are zoned for industrial purposes and does not permit the proposed use. The subject lands were recently purchased by the Canadian Corps from the City as they sold their previous hall located on Hickson Street to Niagara Bronze. A Zoning By-law amendment is required to add the private club as a use on the subject lands. 2. What is the City's plan for the subject and surrounding lands? The subject l_.a~s and those lands to the south, east and w.est are..designated Industrial. Lrands c,p '. i, ,-:.-: {.;j : ~ to the north a2re designated Residential. Industrially designated lands are intended to 'be ' .." developed and used primarily for various industrial operations such as the manufacturing, assembling, processing and warehousing of goods. Industrial lands can be considered for service commercial and recreational uses, such as private clubs, that are incidental to the industrial district. These types of uses are to be restricted in location, size and extent of operations. The proposed private club is in keeping with these policies and furthermore, will contribute to a gradation of industrial uses between Ferguson and Buttrey Streets. Heavier industries are located more towards Buttrey Street with lighter industries located towards Fergnson Street. The gradation will have a lesser impact on the Residential lands to the north. The lighter uses also act as a buffer between the heavier industries to the south and the Residential lands to the noah. October 16, 2000 - 3 - PD-2000-117 3. Is the requested amendment appropriate? Yes. The current zoning of the lands splits the lands with the northern part, where the existing building is located, zoned LI and the remainder GI. The proposal is to include a private club as a permitted use within the uses permitted under the LI and GI zones. By doing so, the LI and GI zoning is retained thereby allowing the lands to be developed for industrial purposes should this become desirable in the future. In addition, the applicant is requesting that none of the provisions that regulate how the land is to be developed be applied to the lands for the proposed use. Such a request is reasonable as the building pre-dates the inception of the Zoning By-law and hence, does not comply with its provisions. Relief is also being sought for parking; 78 spaces are required whereas 72 are to be provided. As the private club is composed of two elements, a meeting hall and a banquet hall, the parking calculation for the number of spaces required is based on the seating of the meeting room and the banquet hall. The meeting room requires 38 spaces and the banquet hall 40, for a total requirement of 78. The minor reduction with regards to parking is supportable. Since the rooms will not be used at the same time, as banquets are not scheduled at the same time as meetings, there is sufficient parking being provided for the meeting room and the banquet hall when used individually. Therefore, the reduction of six spaces is reasonable. 4. Are there environmental issues respecting this site? Yes. Until its recent sale to the Canadian Corps, the site was in the possession of the City, having been taken because of tax arrears in 1987. In 1998, Conor Pacific Environmental Technologies Inc. was contracted to perform a Phase I Environmental Site Assessment (ESA) at the direction of the Corporate Services Committee. Based on the information of this assessment, that there existed potential for environmental concems, a Phase 11 ESA and a Phase III ESA that involved subsurface soil investigations, were also conducted. The ESA reports revealed: There is potential for the presence of urea formaldehyde foam insulation (UFFI), lead- based paint and Fluorescent light ballasts containing PCB's within the building; There are two areas of contaminated soils located on the property, as shown on Schedule 3; and Five options for site remediation with the Site Specific Risk Assessment (SSRA) options being the recommended option. The SSRA has been recommended by Conor Pacific as the contamination, at present, does not appear to be causing any adverse affects. Because of the lack of adverse affects, site restoration is considered to be voluntary. Based on the above and in accordance with the Official Plan policies respecting contaminated sites, it is recommended that a remediation program be established and completed to the satisfaction of the City and the Ministry of the Environment (MOE) prior to the issuance of any building perufits. October 16, 2000 - 4 - PD-2000-117 5. Are there site planning issues? Yes. A site plan agreement will be required to be entered into with the applicant. Details with respect to a storm sewer extension from Ferguson Street, access ramps, landscaping, site lighting and fencing will be addressed through the review process. CONCLUSION: Based on the foregoing, it is recommended that the application be approved conditional upon a site remediation program being established and completed to the satisfaction of the City and the MOE. Planner 1 Recommended by: ctful .l/~.Ubm~ 0~)oug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:lt Attach. S:~PDRX2000XPD2000-117.wpd .: SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79'200 4674 Ferguson Street Part of Lots 78 and 79, Lots 75,76,77,100,101,102 and Part of the Lane, Plan 997 for the City of Niagara Falls AM-34/2000 INTS Canadian Corps Unit 104 RECEIVEO SEPt 1 2000 PLANNING SCHEDUI,E 2 'AG RA NI. A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara (,E,' i-~, t"/L-~ ~c'/~ ' 3550 Schmon Parkway, P.O. Box 1042 Thor01d, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: planC_,regional.niegara.on.ca October 11, 2000 Mr. Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls. ON L2E 6X5 Dear Mr. Darbyson: Re; Proposed Zoning By-law Amendment Private Club in an Industrial Area Dyson Avenue/Ferguson Street/Muir Avenue City of Niagara Falls Your File: AM-34/2000 trCanadian Corps Unit 104} RECEIV . ! OCT 12 2000 ~'~NING ,~_0EVELOPMENT This rezoning application proposes to add a private club (Canadian Corps) as a permitted use to the existing industrial zoning of this property within the Niagara Falls Urban Area Boundary. A vacant building previously owned by Provincial Crane is to be converted for the proposed use. This application is acceptable from a Regional Planning perspective. From a Provincial review perspective, the proposed use is more compatible with existing residential uses to the north and west than the previous industrial use. This application, therefore, does not raise any land use compatibility concerns. We understand that an Environmental Site Assessment (ESA) has been conducted by Conor Pacific to assess the potential for site contamination from past industrial operations. The ESA concluded that soils on the site exceed the Ministry of the Environment's criteria for certain heavy metals and, therefore, remediation of the site is required. We also understand that the Phase 3 ESA recommends a Site Specific Risk Assessment in accordance with the Ministry's Guideline for Use at Contaminated Sites in Ontario. In addition to implementing the Phase 3 ESA, Regional Planning staff recommends that the applicant submit a Record of Site Condition (RSC) to the Ministry of the Environment upon completion of the Phase 3 ESA A copy of the Ministry- acknowledged RSC should be provided to the City and the Regional Planning Depadment In conclusion, Regional Planning staff has no objection to the approval of this application. Site remediation and submission of an 'acknowledged' RSC should be completed prior to site plan approval. Please send notice of the City's decision on this application. Yours truly, David J. Farley Assistant Planning Director PB/ Regional Councillor W. Sineaton Ms. B. Ryter. Ministry of the Environment, Hamilton Mr. W. Stevens, Regional Public Works pb/AM-~,--00.~oc NIA~A DATE: TO: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM September 25, 2000 Pat Busnello Planner Planning Department COPY Public Meeting Zoning By-law Amendment Application (AM-34/2000) Proposed Private Club Use within Existing Building Applicant: Canadian Corps Unit 104 4674 Ferguson Street City of Niagara Falls Our File: D10.000-2 (AM-34/2000) We have no objection to the rezoning in order to permit the existing vacant Provincial Crane building to be used for a private club (i.e. Canadian Corps 104). Supervisor Development Approvals DR/at (#M\MSWORD~AT1416DR.M EM) cc: Planning Department - City of Niagara Falls RECEIVEDi SEP 2 6 2000 PLANNING OEVELOPMENT TAYLOR FORGE LIMITED 4749 Buttrey Street Niagara Falls, Ontario L2E 7K7 Tel: (905) 371-2500 Fax: (905) 371-2235 Via Overnight Courier October 10, 2000 Director of Planning and Development City Hall 43 10 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir/Madam: Re: City File AM-34/2000 RECEIVr-- 2000 r;~i",iNiNG OEVELOPMENT We are strongly opposed to the rezoning of 4674 Ferguson Street from light industrial and general industrial to that necessary for a private social club. The reasons for our opposition are as follows: Our plant, located directly across Dyson Avenue, employs 40 local citizens in metal fabrication. Our main gates for shipping and receiving are located on Dyson Avenue, directly opposite the proposed Canadian Corps' parking lot. Over-sized floats from our principal customer, Ontario Power Generation Inc., routinely access our plant through our gates on Dyson Avenue to take our finished containers to their facility. The traffic from the Canadian Corps' parking lot will inevitably conflict with the trucks from OPGI and those of our steel suppliers. This will lead to congestion delays both for our customers 'and suppliers and the club members needlessly creating a situation which will lead to neighbourhood antagonism. The location of a social club where one of the principal activities of its members is drinking of beer, will have a detrimental effect on our property value. Noise generated by our plant and trucks accessing it will be detrimental to the enjoyment of a club by its members and will probably lead to complaints which will inhibit our company's ability to carry out its legitimate functions in our -2- building. Metal fabrication has been carried on in our building since the late 1940's and we feel it is very unfair of the City to change adjacent zoning in such a manner that it inevitably will lead to difficulties for the operation of our plant and the enjoyment of the proposed new facility by the Canadian Corps Unit 104. We wish to be notified of Council's decision on the proposed amendment. Yours truly, TAYLOR FORGE LIMITED Per: John M. Dimitrieff JMD/jd Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: E-maih nfplan@city. nlagarafalls.on.ca Doug Darbyson Director PD-2000-119 October 16, 2000 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2000-119, Official Plan & Zoning By-law Amendment Application AM-32/2000, Michael Colaneri & Tara Colaneri 5840 Dunn Street - Apartment Building RECOMMENDATION: It is recommended that Council approve the Official Plan and Zoning By-law amendment application to amend the decision on AM-34/99 in order to permit the construction of a 5 storey, 27 unit conventional apartment building with full parking requirements. THE PROPOSAL: Amendments to the City' s Official Plan and Zoning By-law are requested for the land known as 5840 Durm Street shown on Schedule 1. A two-storey dwelling was recently demolished on the site. The amendments are requested to permit the construction of a 5-storey, 27 unit apartment building, suitable for all age groups, with an underground parking garage. Refer to Schedule 2 for further detail. A previous approval (AM-34/99) to permit the coustmction of a senior citizen home will be changed to conventional apathrtent units with 1.4 parking spaces per unit THE AMENDMENTS: " ' · .~-* The land is currently designated Residential in the City's Official Plan. Site specific policies are requested to be added to the Official Plan to permit the lands to be developed to a density of 150 units per hectare. Refer to Appendix I for details of the draft policy. The land is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4). The zoning of the land is requested to be changed to a site specific Residential Apartment 5E Density (RSE) zone to accommodate the proposal. Working Together to Ser~e Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning l Development October 16, 2000 - 2 - PD-2000-119 CIRCULATION COMMENTS: Information concerning the requested amendments was circulated to City departments, several government agencies and the public for comments. The following is a summary of the comments that have been received: Municipal Works The following land dedications are required: a) 1.44 m wide road widening on Ailanthus Avenue b) 0.9 m wide road widening on Dunn Street c) daylighting triangle with 4.5 m legs at the intersection of Dunn Street and Ailanthus Avenue Building Division Parks, Recreation & Culture Fire Department Building to be designed by architect/prof engineer. Spatial separation as per Ontario Building Code and Major Occupancy Fire Separations for parking garage. All Building & Plumbing permits. No objection. Details of the development will be reviewed at the Site Plan Approval stage. No objection. Fire Safety concerns can be addressed through the normal Site Plan review and Building Permit processes. Regional Planning Consistent with Regional housing policies. Local planning issues should be addressed. Regional Public Works No objection. Dunn Street is no longer a Regional road. · D. Damiano PLANNING=REVIEW: Concems about effect on property values, loss of privacy, garbage, traffic & parking. The following is a summary of staffs assessment of the application: 1. What is the background to this application? On January 17, 2000, City Council held a Public Meeting to consider a Zoning By-law amendment application (AM-34/99) forthe subject land. The amendment was requested to permit the construction of a 5-storey, 27 unit "senior citizen home" with 0.9 parking spaces per unit. During the Public Meeting, verbal and written comments were received raising October 16, 2000 - 3 - PD-2000-119 concems about the height of the proposed building, traffic, the mount of parking spaces proposed to be provided and whether the occupancy of the building could be limited to seniors only. Council approved the application after considerable discussion conditional on reports being brought back to Council addressing the traffic island on Ailanthus Avenue and the City's ability to regulate the occupancy of the project, and the neighbours in attendance at the meeting being included in the Site Plan Approval process. On March 20, 2000, The City's Legal Department presented a report to Council which concluded that: i) attempting to restrict the tenants of an apartment building to people 60 years of age and older would contravene the Human Rights Code; ii) Council would not be able to regulate the age restriction through the Zoning By-law; and iii) the relaxed parking standard could produce inadequate parking spaces. Council deferred the matter until the applicants were notified. Staff met with the applicants on these matters. Shortly thereafter the applicants decided to re-apply for a conventional 5-storey, 27 unit apartment building with a below grade parking garage. 2. Why is an Official Plan Amendment requested? Unlike the previous application where the Official Plan does not contain policies to guide the density of senior citizen homes (under the Nursing Home Act or Home for the Aged and Rest Homes Act), conventional aparhhent buildings are subject to density requirements. The density of the proposed apartment building is 150 units per hectare. This is 50 percent greater than envisioned by the City' s residential policies. The applicant has requested special site specific policies to be added to the Official Plan to accommodate the current project. Dtmn Street is identified as a collector street in the Official Plan and has bus service. Shopping and business services are available a short distance to the west at Dunn and Drunanond Road. Niagara College and a Retirement Home are institutional uses to the north. These are characteristics normally associated with areas of higher density. 3. What is the requested zoning? The land is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4). This zoning would permit the development of an apartment building h.aving up ?t0 3 store. ys,, 5' ' _ and 9 units. The zoning of the land is requested to be changed to a site specific-ReSidential!'' ~ , : ......' Apartment 5E Density (RSE) zone to accommodate the proposal. The RSE zone provides the closest fit, however, several modifications are requested, including: a reduction in lot frontage from 35 mares to 27 metres a reduction in opens space f~om 50 % to 25 % a reduction in height from 25 metms to 14 metres. These standards represent the approval previously provided by Council. The applicant will provide parking based on a standard requirement of 1.4 parking spaces per unit. A portion of the parking is to be provided in an underground parking garage. The October 16, 2000 - 4 - PD-2000-119 amending by-law should include a provision to require a minimum of 20 parking spaces in an underground garage. Are there any traffic issues? Ailanthus Avenue is a madway with a centre median in from of this property. When Council approved the previous amendment application for a senior citizens residence, it adopted the report MW-2000-13 which recommended the existing turn around in the median b e widened to accommodate the project, complete with asphalt and curbs. The cost of this work is to be the responsibility of the owner. The site plan submitted with the application proposes three sets of vehicle entrances and exits to the property on Ailanthus Avenue. Comments from the City's Municipal Works Depaxtment note that the number of driveways and their proximity to each other and to the intersection of Dunn Street may result in a high collision potential. This point was brought to the applieant's attention. However, no revised plans have been received to date. This is an important matter that will have to be addressed prior to the preparation of the amending by-law because the orientation of the building may have to be changed if one or more of the driveways are eliminated. Are there outstanding Site Plan issues? The site plan submitted does not take into account the road widening strip which was previously given to the City along the south half of the property, nor does it show how the site will have to be redesigned after the balance of the required widening and daylighting triangle are dedicated to the City. The proposal to provide two parking spaces in the from yard right at the intersection should be re-examined to ensure that this is not unsafe or problematic. An area resident has expressed a concem about the trees which exist on the property. Staff suspect that only some trees around the perimeter of the property have any chance of being saved. The develop_rnent of the property will be subject to Site Plan Control. Through this process the 'applicant will have to prepare detailed'plan.q showing the exact location ofthe,~.b.uilding, 5'i ~,,,,: .:; i-,. the underground parking, landscaping, fencing, lighting, garbage storage, etc. and provide the required daylighting triangle and mad widenines. CONCLUSION: The height and density of the proposed apartment building is the same as the senior's project which Council approved for this site on January 17, 2000. In addition, the requested building setbacks and landscaping are similar to the previous proposal. The principal change with this application October 16, 2000 - 5 - PD-2000-119 compared to the last one is that the occupancy of the building will not be controlled or limited to seniors and that the development will include an underground parking garage to satisfy the City' s standard parking requirements. The mending by-law should be drafted after the various site details (ie. road widenings, building location, driveways, landscaping, etc.) have been addressed. Prepared by: Alex Herlovitch Duty Director of planning a~Development Recommended by: Doug Darbyson /~t'Dire~tor of Planning & Development ct~LJy submitted: 49'~Exeeutive Director of Corporate Services Attach. S:~DR~2000~PD2000-119.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Official Plan & Zoning By-iaw 5840 Dunn Street Micheal and Tara Colaneri N6~"79-200 AM-32/2000 I:NTS SCHEDULE 2 II Director of Planning and Development City Hall 4310 Queen Street Niagara Ealls, Ontario, L2E6X5 September 29, 2000 Re: City File AM-32/2000 Dear Sir/Madame; RECEIVE OCT 11 2000 PLANNING DEVELOPMENT I am opposed to the application to amend the Official Plan and Zoning By-law No.79-200 for the following reasons: 1) IfapprovecL, the atomended zoning will allow for the building of a 5 storey apaduient building at the comer of my street which will have a direct effect on the resale value of my property. The viewof this proposed building to the current residents of the street will be a 2 level ramped parking area which no matter how well constructed will be an eyesore and of course no doubt the large garbage dumpster reuired to service said building. No one will want to purchase a home with that as it's view! 2) The garbage dumpster required to service 27 units will be an open invitation to any and all mice, rats, skunks, and racoons in the area which due to our proximity to the falls and vacant hydro lands surrounding our neighbourhood are already a nuissance. This "invitation" will also increase the risk to our household pets of contagious deseases carried by these wild vermon. Also the noxious odour from a large garbage dumpster during warm weather will deprive us of using our front porches to visit with our neighbours - a social routine we currently enjoy. 3) The proposed parking area is very close to the comer which I feel will increase the risk of collision with vehicles turning off Dunn St. as visibility will be hindered by the proposed building for both the person turning the corner and anyone exiting from an underground parking area. Since there is an island dividing the street directly across from the proposed parking area, cars will be restricted from avoiding a collision. 4)The population density of my small street is already stretching toleranea levels. On this small street we already have a subdivision whose only access is Allanthus Ave., a senior citizens apartment complex, a low rental townhouse complex, and two 3 storey handicap apartment buildings (near Frontenac St). I think our street has already contributed more than it's share to the population density of this city. The traffic on this street has already doubled in the past 3 years causing ha:~7~rdous conditions for those who frequently use their motorized wheelchairs along this street. 5) A 5 storey building will also deprive me of my privacy as anyone in or above the third floor will be able to look down directly into my back yard which is my private space. I consider this an invasion of my privacy! 6)Statistics have shown that the crime rate is higher in and around apartment buildings - burglary, drug sales and rape are more prevelant. I have no desire to invite a crimminal element to my comer... 7) The individual who purchased this property did so with the full knowledge and acceptance of the current zoning and I feel should be held accountable for his business decision and that the City should maintain the current zoning status and restrict construction on this property to within the limitations of the current zoning by-law. Sincerely, ' i re., Niagara Fa INTER-DEPARTMENT MEMORANDUM TO: Ken Mech, Planner 2 Copies to.' ChiefCorfield Assistant Chief Smith FROM: John Laur Captain/Fire Prevention Officer DATE: September 27 2000 SUBJECT: AM- AM-32/2000 Zoning Amendment 5840 Dunn Street The Fire Department has no objection to the above noted application, at this time. Fire Safety concerns can be addressed through the normal Site Plan review and Building Permit processes. If you have any questions regarding the above, or any other fire safety related matter, please do not hesitate to contact our office. yours in fire safety, John T. Laur Captain/Fire Prevention Officer "his c':-,'aloF .-,an[ [~ also . JTL:mw RECEIVED SEP 2 7 2000 pLANNING & DEVELOPMEN:'r NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold. Ontado L2V 4T7 Telephone: (905) 984-3630 ..,./Or, lv[i/ ~,'~'~" Fax: (905) 641-5208 E-maih plan@regional.niagara.on.ca October 6, 2000 File: M.11.27 Mr. Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Proposed Official Plan and Zoning By-law Amendment 5-Storey, 27 Unit Apartment Building Dunn Street and Allanthus Avenue City of Niagara Falls Your File: AM-32/2000 {M. & T. Colaneri) RECF_. VED OCT 12 2000 PLANNING & DEVELOPMENT This application proposes to allow the construction of a 5-storey apartment building with an underground parking garage within the Niagara Falls Urban Area Boundary. Site specific policies are requested to be added to the Official Plan to permit the density of development. This application is acceptable from a Regional Planning perspective and is consistent with Regional housing policies, which encourage the provision of a variety of housing types and increased densities in existing residential areas. There may, however, be some local planning issues affected by this proposal. We understand that a previous application for a 5-storey senior's apartment raised concerns from some residents regarding the proposed building height. This development is also consistent with Provincial housing policies, which encourage a full range of housing types and densities as well as all forms of residential intensification in built-up areas. We are not aware of any other Provincial interests affected by this proposal. A more detailed Provincial review will, however, be undertaken when an Official Plan Amendment is submitted for approval. A copy of the comments of the Regional Public Works Department, which indicates no objection to this application, is attached. In conclusion, Regional Planning staff has no objection to the approval of this application from a Regional and Provincial review perspective. We understand that there are some local planning issues to be addressed for this development. Please send notice of the City's decision on this application. Yours truly, ,~David J. Farley Assistant Planning Director PB/ C: Regional Councillor W. Smeaton Mr. W. Stevens, Regional Public Works pb/AM-32-O0.doc NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM DATE: TO: SUBJECT: September 22, 2000 Pat Busnello Planning and Development Department Public Meeting Notice Official Plan and Zoning By-law Amendment Application Proposed 5-Storey 27-Unit Apartment Building Applicant: Michael and Tara Colaneri 5840 Dunn Street and Ailanthus Avenue City of Niagara Fails Our File: 04.035.560 (AM-34/9 We have no objection to the change in land use of the subject property, in order to permit a 5- storey 27-unit apartment building, suitable for all age groups, with an underground parking garage. We would note, that Dunn Street is no longer a Regional Road. Supervisor Development Approvals DR/cm cc: Planning Department, City of Niagara Falls L:XEngineering-Planning-and-Developmeat\Rusnak-Dave\Niagara FallsX3138.p.busnello;raemo,doc Members of Council City of Niagara Falls P.O, Box 1023, 43 10 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear: Respectful Members of Council Re: Aug. 14, 2000 Michael Colaneri & Tara Colaneri Zoning By-Law Amendment Application 5840 Dunn Street Your File No. AM-34/99 As per the letter on July 19 we have been asked by the city to distiWdy clarify our position on parking spaces per unit. The development has the capability to occupy 1.48 parking spaces per unit. To satisfy the by-law requ~-e, fiients we could build a below grade parking area to accommodate exWa vehicles. I hope this clarifies our position, We are anxious to arrive back at council to come to an agreement, and start developing 5840 Dunn st Niagara Falls Sincerely Michael Colaneff & Tara Colaneff Members of Council City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear: Respectful Members of Council Re: July 19, 2000 Michad Colaneri & Tara Colaneri Zoning By-Law Amendment Application 5840 Dunn Street Your File No. AM-34/99 On Monday January 17, 2000, City Council approved our Zoning By-Law amendment apliication in principle, to penTtit the construction of a 5-storey, 27 unit senior citizen home. Council gave their apeoval conditional on 1 ! a report from the city solicitor on the ability to regulate the use of the home for senior citizens; 2) a v:port from the city' s Municipal Works DeV, uUuent regarding the traffic island on Ailanthus Avenue; and 3) the neighbors in attendance at the Public Meeting being included in the site plan approval process. Mr. Kalio the city' s solicitor informed us that there was no definition of a senior in the By-Law. He stated th~t if WC Were to approach council nEain that 65 should be the minimunl age allowed into the home. The age 65 is unprediclable, and indefinite. We were advised that a proffie development of this sort is needed in the city. Our interest was to accommodate the seniors of Niagara; unfortunately we have a conflict of interest and can not do so. Following our meetings with Mr. Kalio and city planning we are forced to re- zone, re-conflgure and re-plan. At thi~ lime we would like to approach council with the same application but compromine with a zoning of RSC. Yours truly Michael Colaneri & Tara Colaneri Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: 356-2354 E-mail: nfplan@city.niagarafalls.on.ca October 16, 2000 Doug Darbyson Director PD-2000-120 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: PD-2000-120, Zoning By-law Amendment Application AM-29/2000, Bernadette Filer 5765 Montrose Road Agent: Chris Cristelli RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit a single-storey, 325 square metre (3,500 sq. ft.) office building to be constructed on the north side of the property. THE PROPOSAL: An amendment is requested to the City's Zoning By-law for a vacant parcel of land known as 5765' Montrose Road shown on Schedule 1. The amendment is requested to permit a single-storey, 325 square metre (3,500 sq. ft.) office building to be constructed on the north side of the property as shown on Schedule 2. In addition, the applicant would like permission to provide only 20 parking spaces for the project. THE AMENDMENT: The land is currently zoned a site specific Neighbourhood Commercial (NC-436) zone. This zoning limits the construction ofa 1 to 2-storey, 376 square metre (4,051 sq. ft.) office building on the south side of the property. The site specific by-law provisions which apply to the land are requested to be changed to allow the new proposal. Working Together to Serve Our Community Clerk's . Finance · Human Resoumes · Information Systems · Legal · Planning & Development October 16, 2000 CIRCULATION COMMENTS: -2- PD-2000-120 Information concerning the requested amendment was circulated to City departments, several government agencies and the public for comments. The following is a summary of the comments that have been received: · Municipal Works No objections or conditions to impose. Building Division All required Building Permits to be obtained prior to commencement of construction. Any further comments with regard to the Ontario Building Code shall be addressed during the Site Plan Approval process. · Parks, Recreation & Culture No objections. Fire Department No objection. Fire Safety concerns canbe addressed through the normal Site Plan review and Building Permit process. · Regional Planning - No objection. No Provincial interests affected. Regional Public Works No objections. Water services must be connected to the City's watenuain. Site servicing drawing required for review and approval. Entrance and construction encroachment permits required. Survey evidence not to be damaged. PLANNING REVIEW: The following is a summary of staffs assessment of the application: 1. What is the background to this application? In 1997, City Council approved an amendment to the Zoning By-law (AM-20/97, By-law No. 97-197) which changed the zoning of the land from a site specific Parking (P-215) zone to a site specific Neighbottrhood Commercial (NC-436) zone. The amendment was requested to permit the construction of a 1 to 2 storey office building on the land. The amendment was approved for the following reasons: · the proposal was within the intent and purpose of the City's Official Plan; · an office building would be an acceptable intervening and transitional use between the residences to the north and the commercial plaza to the south; · the site was ideally suited for an office use, fronting onto an arterial road and having excellent access to the municipal, regional and provincial roadways; and October 16, 2000 -3- PD-2000-120 the development was designed in a sensitive manner with generous amounts of landscaping which would enhance its appearance, maintain the residential character of the area and better ensure land use compatibility. Provisions were included in the amending by-law to ensure that the office building would be constructed along the south side of the property line to reduce the impact of shadows and massing on the abutting residence to the noah. The parking requirements for the development were reduced by 3 spaces to allow more landscaping in the front yard. 2. Why is the current amendment to the Zoning By-law requested? One of the previous applicants is no longer involved in the project. The remaining party wishes to construct a slightly larger one-storey office building rather than a 2-storey office building. In addition, the applicant would like to construct the building on the north side of the property instead of the south side, as currently required, so that it will have greater exposure to the public travelling on Lundy's Lane. 3. Is the requested zoning amendment appropriate? Yes. The land is currently zoned a site specific Neighbourhood Commercial (NC-436) zone which limits the land to be used for an office(s) and the construction of a building up to 2 storeys in height on the south side of the property. The requested amendment will lower the maximum height of the building tirom 2 storeys down to 1 storey, permit a building with a slightly larger floor area, change the location of the building on the property, and make a number of other small adjustments to the regnlatory provisions. A comparison of what is currently allowed versus the proposed provisions illustrates very minor changes. Provisions Current Provisions Proposed Provisions Minimum Parking Spaces 21 2O Location of Parking Spaces No closer than 11 m to the No closer than 8 m to the easterly property line. easterly property line. Location of Building No closer than 14 m to the No closer than 3 m to the northerly and easterly northerly property line and property line. 15 m to the easterly property line. Maximum Lot Coverage 25% 23% Maximum Floor Area Maximum Floor Area Per Office Minimum Landscaped Open Space 480 square metres 235 square metres 25% 650 square metres (including basement) 325 square metres plus 186 square metre meeting room 26% October 16, 2000 - 4 - PD-2000-120 Staff are not opposed to the amendments requested to the site specific by-law provisions which currently apply to the land. Because the office building is only one storey in height, staff can support the building being constructed on the north side of the property. The one- storey office building should have few, if any, massing or shadow impacts on the abutting residence. In fact, shifting the building to the north side of the property will help buffer the dwelling from the retail plaza and will relocate the driveway and most of the required parking spaces further away from the residence than previously proposed. The proposal to provide one less parking space should have no noticeable effect on the functioning of the site or on surrounding development. A generous amount of landscaped open space continues to be proposed at the front of the property which will assist it in blending in with the residential character to the north. 4. Will the development of the property be subject to Site Plan Control? Yes. Concerns have previously been expressed regarding drainage and fencing. Through the Site Plan approval process the applicant will have to prepare final drawings addressing such issues as the location of landscaping, fencing, lighting, driveways and parking spaces, and grading and servicing. CONCLUSION: The proposal is within the intent and purpose of the City' s Official Plan. The amendment will allow the land to be developed in a more sensitive manner. Prepared by: Respectfully submitted: Ken Mech Planner 2 Edward P. Lustig Chief Administrative Officer Recommended by: Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services KM:It Attach. S:XPDR~2000~PD2000-120.wpd SCHEDULE 1 LOCATION MAP Subject Property 'ne Street ) Su 'ec r.9' __ \ (D C o Lundy's Lane Amending Zoning By-law No. 79-200 5765 Montrose Road Applicant: Bemadette Filer AM-29/2000 I:NTS SCHEDULE 2 NIAGARA Date: To: September 27, 2000 Mr. Doug Darbyson, MCIP, RPP Planning Director City of Niagara Falls REGIONAL MUNICIPALITY OF NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT REGIONAL AND PROVINCIAL REVIEW COMMENTS Re: Proposed Zoning By-law Amendment One-Storey Office Building & Reduced Parking Montrose Road, north of Lundy's Lane City of Niagara Falls Your File: AM-29/00 (B. Flier) Proposal: To permit a one-storey office building and reduced parking of 20 spaces instead of the currently approved two-storey building REGIONAL REVIEW Regional Policy Plan: Urban Area Regional Public Works: Refer to Public Works Comments Regional Public Health: Not Applicable AdditionalComments: None PROVINCIAL REVIEW Based on available Information, this proposal affects/does not appear to affect the interests of the following Provincial Ministries: INTERESTS INTERESTS AFFECTED NOT AFFECTED Ministry of Agriculture, Food &Rural Affairs [] [] Ministry of Citizenship, Culture & Recreation Ministry of Environment [] [] Ministry of Municipal Affairs & Housing Ministry of Natural Resources [] [] Additional Comments: None SUMMARY [~Based on our review. RegiOnal Planning Staff have no objection to the approval of this application. "'l The following are additional comments or conditions of approval: Development Implementation Services Copy to: Councillor W. Sineaton Mr. W. Stevens, Regional Public Works A copy of the decision on this application is requested. RECEIVED SEP 2 8 2000 PLANNING ~ .~EVFJ. OPMENT , 3550 Schrnon Parkway P.O. Box '1042 - Thorold Ont. L2V 417 - Phone (905) 984~3630 FAX (905) 64'1-5208 · ve~. 2/~ NIAGARA September 28, 2000 PUBLIC WORKS DEPARTMENT OPERATIONAL SUPPORT SERVICES The Regional Municipality of Niagara 2201 St. David's Road W., P.O. Box 1042 Thorold. Ontario L2V 4T7 Telephone: (905) 685-1571 Fax: (905) 687-8056 www.regional.niagara.on,ca/departmentslM/orks/ !RECEIVED OCT 0 3 2080 PLANNING 0EVELOPMENT Ken Mech Planner City of Niagara Falls Dear Sir: Public Meeting Notice Zoning By-law Amendment AM-29/2000 Proposed l-Storey, 3,500 s.f. Office Building Applicant: Bernadette Flier Regional Road 98 (5765 Montrose Road) between Wayne Street and Regional Road 20 (Lundy's Lane) City of Niagara Fails Our File: 04.098,560 (AM-20/97) We have no objection to the rezoning in order to permit a single-storey office building (3,500 s.f.). 1. Road Dedication The existing Regional right-of-way is 76' wide and no further widening is necessary from this side of the road allowance. 2. Servicing Servicing is the responsibility of the City of Niagara Falls. No water service is permitted to connect to the Region's 30" diameter trunl( watermain, located within Regional Road 98 (Montrose Road). Water services must, be connec~Ill into the City's 8" diameter watermain. 3. Storm Drainage A site servicing detailing access and site drainage is required for our review and approval. No additional storm water will be permitted to drain towards the Regional right-of-way. St. Catharines, Lincoln, Pelham, Thorold, Toll Free 905 Area - 1-800-263-7215 Niagara-on-the-Lake, Niagara Falls, Welland - 685-1571 Port Colborne, Wainfleet, Stevensville - 735-7960 October 4, 2000 PUBLIC WORKS DEPARTMENT OPERA TIONAL SUPPORT SERVICES The Regional Municipality of Niagara 2201 St. David's Road W.. P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 685-1571 Fax: (905) 687-8056 www.regional.niagara.on.ca/departments/works/ Ken Mech Planner City of Niagara Falls Dear Sir: Public Meeting Zoning By-law Amendment AM-29/00 Proposed 1-Storey, 3,500 s.f. Office Building Applicant: Bernadette Filer Regional Road 98 (5765 Montrose Road) between Wayne Street and Regional Road 20 (Lundy's Lane) City of Niagara Falls Our File: 04.098.560 (AM-20/97) This letter is further to our correspondence dated September 28, 2000, with respect to statement #4 (Access). At the request of the City, our traffic services section has reviewed the entranceway location in the field. We wish to advise that if the entranceway is located to the south side of the subject property, this would be acceptable based on the limited number of vehicles entering and exiting the site. The access must have a throat width of 7.3 m and radii of 3 m. The proposed driveway radii must clear the existing hydro pole by a minimum of 1.5 m. The drop curb at the existing north driveway must be filled in with full barrier curb and the boulevard must be reinstated to original condition, at the owner's sole expense. Supervisor Development Approvals DR/cm cc: B. McInnis Chris Cristelli & Associates Inc. 6255 Pinegrove Avenue Niagara Falls, Ontario L2G 4J1 Fax: (905) 374-2083 Phone: (905) 374-2083 L:\Engineering-Planning-and-Development\Rusnak-Dave\Niagara Falls\3159.k.mech.city.of. niagara.falls.doc RECEIVER nCT 10 2000 PLANNING OEVELOPMENT St. Catharines, Lincoln, Pelham, Thorold, Toll Free 905 Area - 1-800-263-7215 Niagara-on-the-Lake, Niagara Falls, Welland - 685-1571 Port Colborne, Wainfleet, Stevensvifie - 735-7960 Ken Mech City of Niagara Falls September 28, 2000 Page 2 4. Access The existing entranceway must remain in its present location because of the potential conflicts with the left and right lanes at the intersection of Regional Road 20 (Lundy's Lane) and Regional Road 98 (Montrose Road). The access must be upgraded to have a throat width of 7.3 m wide and 3.0 m radii. 5. Permits Regional Entrance and Construction Encroachment Permits must be completed, prior to any works commencing within the Regional road allowance. Permit applications are available from the Public Works Department, or for your convenience, application forms are accessible on our website (see address above). 6. Survey Evidence Survey evidence adjacent to the Regional road allowance is not to be damaged or removed during the development of this property. We would request that the site plan agreement include a clause that requires the owner to obtain a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place at the completion of said construction. We trust that the foregoing Regional requirements will be appropriately incorporated into any site plan agreement entered into by the City with this applicant. Yours truly, William J. Ste~E.T. Supervisor Development Approvals DR/cm cc: B. Mclnnis R. Clegg P. Busnello L: XEngineering-Planning-and-Development\RusnabDave\Niagara Falls\3152. k. mech,city .of. niagara. falls. doc Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: E-mail: nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2000-121 October 16, 2000 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2000-121, Zoning By-law Amendment Application AM-35/2000, Herb Ledwez 6365 Drummond Road 26 On-Street Townhouses RECOMMENDATIONS: It is recommended that: 1) Council approve the Zoning By-law amendment application to permit the construction of 26 on-street townhouse dwelling units; 2) Council pass the related amending by-law which is included in Council's agenda; 3) the applicant be required to undertake a Traffic Impact Study to the satisfaction of the Parking and Services staff addressing the issues of on-street parking and roadway widths and determine if any road widenings are required; and 4) the applicant be required to enter into a Site Plan Agreement with the City to address the on- site and off-site servicing provisions required for the development. THE PROPOSAL: An amendment to the City's Zoning By-law is requested for the parcel offand known as 6365 Drummond Road shown on Schedule 1. A two-storey building (formerly the Union Centre) currently exists on the site along its Murray Street frontage. The amendment is requested to permit the construction of 26 on-street townhouse dwelling units. Each unit is proposed to have an attached garage. The units are one and two storeys in height. Refer to Schedule 2 for timher detail. THE AMENDMENT: The land is currently zoned a site specific Institutional (I-339) zone. The zoning of the land is requested to be changed to a site specific Residential Mixed (R3) zone to allow the proposed development. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development October 16, 2000 - 2 - PD-2000-121 CIRCULATION COMMENTS: Information concerning the requested amendment was circulated to City departments, several government agencies and the public for comments. The following is a summary of the comments that have been received. Municipal Works Traffic Impact Study is required addressing on-street parking and road widths. The applicant will be required to enter into a Site Plan Agreement to address on-site and off-site servicing. Building Division All required Building Permits to be obtained prior to commencement of construction. All pertinent Building Code issues shall be addressed at the Application Stage. Parks, Recreation & Culture Deparhnent 5% cash-in-lieu of parkland (to be taken when the units are divided). The City's Landscape Architect will review the plans at the time of Site Plan Approval. Fire Department No objection. Fire Safety concerns can be addressed through the normal Site Plan review and Building Permit processes. · RegionalPlanning&Development No Provincial interests adversely affected. This development is consistent with Provincial housing policies which encourage a full range of housing types and densities as well as all fonns of residential intensification in built:up areas. Lot grading ind drainage requirements to be addressed by the City. Regional Public Works No objection. No water service connections will be permitted to the Region's 20" diameter watermain. Water services can be connected to the 6"/8" local watermain on Murray Street/Ash Street. October 16, 2000 - 3 - PD-2000-121 PLANNING REVIEW: The following is a summary of staffs assessment of the application: 1. What is the history of the land? In 1993, City Council adopted amendments to its Official Plan and Zoning By-law to permit a liquidation centre and an auction hall and accessory offices to be established within the existing building. The amendments were approved because the building was old and nearing the end of its life expectancy and the proposal would provide an alternative use for the building until the property was redeveloped. It was also felt that a liquidation centre and an auction hall were similar to previous uses of the property (Union Centre) which involved the assembly of groups of people. More recently, the existing building was used as a bar known as The Icon. This use, which was established by another party contrary to the Zoning By-law, recently closed. While it was open, numerous complaints were received regarding excessive noise. 2. What are the City's Official Plan policies for the subject !and and the surrounding area? The subject land and the surrounding properties are designated Residential in the City's Official Plan. Residentially designated land is intended to be developed for housing and ancillary uses which are compatible with the residential env'wonment. A Special Policy Area ("16") designation applies to the subject land which allows a liquidation centre, an auction hall and accessory offices to be permitted on the land as interim uses until it is redeveloped for residential purposes. According to the City's residential policies, street townhouses can be developed up to a maximum density of 50 units per hectare on sites that are located on collector or major collector roadways and integrated with residential plans of subdivision. Infitl developments are to be compatible with the residential development that already exists. 3. Does the proposal comply with the Official Plan? Yes. The City has been anticipating the redevelopment of this property for residential purposes for many years. The density of the proposed on-street townhouse project, at approximately 42 units per hectare, is within the guidelines of the Official Plan. The site is located adjacent to Drummond Road which is classified as an arterial road. With the exception of several small commercial establishments at the intersections of Drummond Road and Ash and Murray Streets, the subject site is surrounded by single detached dwellings on 12 m (40 ft.) and 15 m (50 ft.) lots. A measure of land use compatibility existed between the residences and the subjectproperty in the past when the site was the Union Centre. A former illegal bar (The Icon) on the property was incompatible with the neighbourhood. The proposed development would be compatible with the neighbourhood. The majority of the brick townhouses are proposed to be one-storey in height with two bedrooms. The proposal to include two, two-storey units in each block will add variety to the streetscape and a choice to prospective purchasers. The townhouses are proposed to be marketed to "empty nesters" (parents whose children have established their own households) at a price range between $130 - 145,000. Each unit is proposed to have an attached garage. October 16, 2000 - 4 - PD-2000-121 4. Is the requested zoning amendment appropriate? Yes. The land is currently zoned a site specific Institutional zone which would permit a variety of uses to be established on the land including a nursing home, place of worship, private club, senior citizens home, and the previously mentioned liquidation centre and auction hall. The zoning of the land is requested to be changed to a site specific Residential Mixed (R3) zone. The following chart compares the standard requirements of the R3 zone with what is being proposed: , Provision Minimum Lot Area Minimum From Yard Minimum Rear Yard Min. Exterior Side Yard Maximum Lot Coverage Minimum Parking R3 Zone Provision 200 sq. m / dwelling unit 6m 7.5m 4.5 m + road widening 40% 1.4 / dwelling unit Proposed Provision 164 sq. m / dwelling unit 4.5m 6 m (garage) 6m 4.5 after road widening 55% 1 / dwelling unit in an attached garage Staff are not adverse to the site specific provisions requested because the project is proposed to be marketed to "empty nesters" who have different space needs compared to families with children, all of the units back onto each other, and because the project will assist in the removal of a dated building tiom the property. In addition, single storey traits with standard interior side yards are proposed to be built next to existing detached dwellings. Because each townhouse unit will be built with an attached garage, and a 6 m (20 ft.) setback will be required between the garage and the from property line, each unit will have two parking spaces at its disposal. The second parking space will be available for a second vehicle or visitor parking. Will the units be owned or rented? The applicant intends to build the townhi~use units and sell them.. The units will b9 owned freehold (outright) as opposed to condominium (only the interior of the unit). Each individuaI dinner will be responsible to maintain their own unit similar to a conventional home.~ ..... : .... How will the units be divided? The applicant would like to subdivide the individual townhouse units by getting Council'to lift Part Lot Control. However, severance applications to divide the subject land into four separate blocks may be required before the Part Lot Control procedure. Will the proposed development worsen the basement flooding which is currently occurring on Ash Street? According to the Municipal Works Department, the City has tentatively planned to extend a storm sewer up Drummond Road and down Ash Street to eliminate the combined (sanitary and storm) sewer on Ash Street in 2001. This should address the flooding issue. Should the applicant wish to October 16, 2000 - 5 - PD-2000-121 proceed with his development prior to the construction of the new storm sewer he will have to extend the sewer himself with the City's guidance. Adequate storm and sanitary sewers currently exist on Murray Street to allow the south half of the project to proceed. 8. Will the development be subject to Site Plan Control? Yes. Comments received from the City's Municipal Works Department note that the applicant is required to complete a traffic impact study to address the issue of on-street parking, roadway widths and to determine if any road widenings are required to address current and expected traffic on Ash and Murray streets after the project is built. The applicant will be responsible to resurface the roads after extending the individual sewer and water lines to the units. He will also be responsible to construct curbing and sidewalks in front of the townhouses and to plant street trees as is typical for all residential development that f~onts onto a public street. All of these development issues will be addressed through the Site Plan Approval process. The applicant will have to prepare detailed plans for Council's approval as part of this process. CONCLUSION: Based on the foregoing, staff are able to recommend the requested amendment to the City's Zoning By-law. The proposal is within the intent and purpose of the City's Official Plan and will assist in the land's redevelopment. The proposed on-street townhouses will be compatible with the surrounding residential neighbourhood and should be an attractive addition to it. All outstanding traffic and servicing issues can be addressed through the Site Plan Approval process. The amending by-law appearing in Council's agenda which is related to the project can be adopted. Prepared by: Ken Mech Planner 2 Recommended by: Doug Dar'byson' CYf Direetor of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services KM:gd Attach. Respectfully submitted: S :NPDRX2000XPD2000-121 .wpd SCHEDULE 1 LOCATION MAP Subject Land I ~ Taylor Street I I I Si~mmes Street u 5' _ :3 Monroe Street Murray Street Amending Zoning By-law No. 79-200 6365 Drummond Road All of Lots 322 to 330 (Inclusive) and Part of Block "A" Registered Plan 40 City of Niagara Fails Herb Ledwez AM-35/2000 1 :NTS O00e, c:jE :E:~ :tzT 80 daS tJ:l 6~P'E:-tztzrEjE\sqo(\ :9 iBRODE':RICKI IPARTNERSI BARRISTERS & SOLICITORS September 26, 2000 COPy 4625 ONTARIO AVENUE POST OFFICE BOX 897 NIAGARA FALLS, ONTARIO CANADA 1,2E 6V6 TEL (905) 35~622 ax (905) 35~6904 J.J. BRODERICK, Q.C., L.S.M. WA. AMADI0 J.B. HOPKINS G.A. KIXKH4M LM. GILBERTI R. B. BURN~ D.F. MARIma. I.! (19s,5-1997) City of Niagara Falls, 431 O Queen Street, Niagara Fails, Ontario. L2E 6V9 Attention: Mr. Ken Mech, Planning Department Dear Sir: RE: 6365 DRUMMOND ROAD REZONING APPLICATION We confirm the writer's telephone conversation with Mr. Mech on the 26t" of September. At that time he advised that an application for rezoning the property at the above address would be considered by Council on the 16th Of October. We represent the holders of the first mortgage on the property. Please add this office to the circulation list for information. Yours truly, BRODERICK & PARTNERS Y/~:~HOPKINS)~ JBH:Ip c.c. Gino Spironello and Nardiso Bellio NIA~,A Date: October 6, 2000 To: Re: REGIONAL MUNICIPALITY OF NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT REGIONAL AND PROVINCIAL REVIEW COMMENTS __ _ Mr. Doug Darbyson, MCIP, RPP Planning Director City of Niagara Falls Proposed Zoning By-law Amendment 26 On-Street Townhouses Ash Street & Drummorid Road City of Niagara Falls Your File: AM-35100 (H. Ledwez) Proposal: "F- VED OCT 12 2000 PLANNING OEVELOPMENT To permit the construction of 26 on-street townhouses, to be subdivided by Part Lot Control REGIONAL REVIEW Regional Policy plan: Urban Area Regional Public Works: Refer to Public Works Comments Regional Public Health: Not Applicable This application is consistent with Regional housing policies, which encourage the provision of e vadety of housing types and increased densities in existing residential areas. AddRional Comments: PROVINCIAL REVIEW Based on available information, this proposal affects/does not appear to affect the interests of the following Provincial Ministries: INTERESTS INTERESTS AFFECTED NOT AFFECTED Ministry of Agriculture, Food &Rural Affairs [] [] Ministry of Citizenship. Culture & Recreation Ministry of Environment [] [] MiniStry of Munidpal Affairs & Housing Ministry of Natural Resources [] [] Additional Comments: This development is also consistent with Provindal housing polides, which encourage a full range of housing types and densities as well as all forms of residential intensification in built-up areas. Lot grading and drainage requirements to be addressed by the City. SUMMARY [] Based on our review, Regional Planning Staff have no objection to the approval of this application. [] The following are additional comments or conditions of approval: Prepared by: ~ne~l ~/~ ~ Pat Bushello, P Development Implementation Services Copy to: Coundllor W. Sineaton Mr. W, Stevens, Reg!onal Public Works A copy of the decision on this application Is requested. 3550 $chmon Parkway P,O. Box 1042 - Thorold Ont. L2V 4T7 - Phone (905) 984-3630 FAX (905) 641-5208 ': ' NIAGARA DATE: TO: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM September 25, 2000 COPY Pat Busnello Planner Planning Department Public Meeting Notice Zoning By-law Amendment Application (AM-35/2000) Proposed 26 On Street Townhouses Applicant: Herb Ledwiz 6365 Drummond Road City of Niagara Falls Our File: D10.000-2 (AM-35/2000) We have no objection to the rezoning in order to permit the construction of 26 on street townhouses with attached garages. Please note that no water service connections will be permitted into the Region's 20" diameter watermain located along Drummond Road between Ash and Murray Street. Water services can be connected into the 6"/8" local watermain on Murray Street/Ash Street. Supervisor Development Approvals DR/at (#M\MSWORD~AT1414DR.MEM) cc: Planning Department - City of Niagara Falls SEiF 2 d,. Pt.A.i',iNtNG DEYEL. OPiI~NT Community Services Department Municipal Works Inter-Departmental Memorandum To: Ken Mech Planner II From: Subject: Geoff Holman, C.E.T. Manager of Development Extension 4219 AM-35/2000, Zoning By-Law Amendment 6365 Drummond Road (Ledwez) October 10, 2000 RECOMMENDATION: Municipal Works Staff have completed their review of the above referenced development appliciation and have the following comments for your consideration. ROADS AND ACCESS ISSUES The subject property has frontage on three roads currently udner the jurisdicitionof the City, each of which are deficient in road allowance width according to the City's Official Plan. In order to satisfy the requirements of the Official Plan 3.05 m. (10 ft.) Widening would be required along the property frontage of each street and 7.0 m. day lighting triangles at both Drummond Road intersections. On your advice, we arranged a meeting with the developer on October 5, 2000 to determine the viability of the project in light of these property requirments. It was Mr. Ledwez's opinion that the widening would severely impact the remining proeprty and prevent him from proceeding with the proposed 26-unit Townhouse Development. Notwithstanding the property issues, Traffic and Parking Services Staff have noted taht htere is a history of parking and traffice related problems raised by residents in this area. Municipal Works Staff believe that both the existing and future traffice impacts could be properly addressed by completing a thorough traffice impact study. This study will be able to identify what the actual road widening would have to be on Ash Street and Murray Street in order to accommodate a 8.5 m. (25 ft.) roadway with on-street parking. The study would also address sidewalk alignment, boulevard widths and establish minimum setbacks fromthe front face of the garage on each unit. GH:mt Workin0 ToOether to Serve Our Comnmnit~ Marie Gravelle 6285 Dawlish Ave Niagara Falls, Ont. L2G 4K1 City Hall 4310 Queen St. Niagara Falls,Ont. L2E 6X5 Oct 9/00 Attn: Director of Planning and Development Re: City File AM-35/2000 I am against approval of this application to amend Zoning By-Law 79-200. My concerns are with the increased traffic in an area that is already extremely congested. There are no stop lights on Drummond Rd between Dunn St and Lundy's Lane. We have seen the results of numerous accidents along this stretch of Drummond Rd. I believe there are eleven intersections between Dunn St and Lundy's Lane. Adults and children find it extremely difficult to cross the road with the flow of traffic so steady. I simply can't imagine how much more difficult it will be to get on Drummond Rd with another 26 or more cars to compete with every day in an area one block from my home. Yours truly, Marie Gravelle OCT 12 2000 PLANNING ,JEVELOPMENT Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca October 16, 2000 Doug Darbyson Director PD-2000-122 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2000-122, Application for Site Plan Approval SPC-21/2000, 4915 Clifton Hill Proposed Expansion to the Sheraton on the Falls Hotel RECOMMENDATION: It is recommended that Council approve the site plan for the proposed expansion to the Sheraton on the Falls Hotel conditional upon: 1) the Ministry of Transportation (MTO) issuing a Building and Land use Permit for the development; and 2) this approval being null and void if significant changes to the site plan drawing are necessitated by the MTO and further approval by Council is required. BACKGROUND: Application for site plan approval has been received liom Canadian Niagara Hotels Inc. for a proposed expansion to the Sheraton on the Falls Hotel (formerly the Skyline Foxhead). The applicant proposes to construct a 57,000 sq. it. expansion that will house a restaurant, an entertainment area, retail and meeting rooms. The site plan drawings have been satisfactorily reviewed by the Site Plan Technical Committee. The proposal is in conformity with the Zoning By- law affecting the subject lands. A previous proposal, which was granted by the Committee of Adjustment, has been appealed to the Ontario Municipal Board. Council should be aware that the MTO must issue a Building and Land Use Permit, prior to the issuance ofany building permits, in order for this development to proceed. Although the MTO has reviewed and issued comments respecting a traffic impact study prepared for the developer, the MTO has not signed off on this report to date. Issuance of the Building and Land Use Permit is pivotal on their acceptance of the traffic impact study. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development October 16, 2000 - 2 - PD-2000-122 CONCLUSION: Based on the foregoing, it is recommended that Council approve the site plan only on condition that the Building and Land Use Permit being issued by the MTO, Building permits cannot be issued until the MTO permit is issued due to the regulations of the Ontario Building Code Act. Should the forthcoming comments from the MTO respecting the traffic impact study result in significant changes to the site plan drawings, it is further recommended that such occurrence will make this approval null and void and a timher approval by Council will be required. Prepare y: Planner 1 Recommended by: Doug Darbyson FDirector of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services _ectfu~fysu~d: Edv~ard P. Lustig ~ Chief Administrative Officer JB:tc S:XPDR',2000XPD2000-122.wpd A V~NUE RECEIVE OCT 12 2OOO ~,LANNING & 0EVELOPMENT PlOt P~an EVE~ 2 ARCHITECT L N C m® ol, , ights September 22, 2000 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 5515 Stanley Avenue Niagara Falls, Ontario, Canada L2G 3X4 Tel,: (905) 374-1616 · Fax: (905) 374-4683 E-mail: wfol@niagarafallstourism.com Dear Mayor Thomson & Members of Council: The Winter Festival of Lights requests approval to hold fireworks displays in the City of Niagara Falls on: Saturday, Nov. 18, 2000 Friday, Nov. 24, 2000 Friday, Dec. 1, 2000 Friday, Dec. 8, 2000 Friday, Dec. 15, 2000 Friday, Dec. 22, 2000 Tuesday, Dec. 26, 2000 Friday, Dec. 29, 2000 Sunday, Dec. 31, 2000 5:25 pm approximately 9:00 pm approximately 9:00 pm approximately 9:00 pm approximately 9:00 pm approximately 9:00 pm approximately 9~00 pm approximately 8:00 pm 9:15 pm Midnight The fireworks launch site will be in the Niagara Gorge. Exact location to be determined. Yours truly, Greg Bailey, Director of Events Niagara Falls Tourism GB/bs 5515 Stanley Avenue Niagara Falls, Ontario, Canada L2G 3X4 Tel.: (905) 374-1616 · Fax: (905) 374-4683 E-m aih wfol@niagarafallstourism.com September 22, 2000 City of Niagara Fails 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Thomson & Members of Council: The Winter Festival of Lights requests approvai to operate its third Annuai Night Parade as follows: Parade Route The parade will begin at Michael' s Inn and travel through Queen Victoria Park ending @ Table Rock. The parade floats will travel to and from the parade route as indicated on the attached map. Parade Dates & Times The parade will run for approximately 45 minutes on: Friday, Nov. 24, 2000 @ 8:00 pm Friday, Dec. 1, 2000 @ 8:00 pm Friday, Dec. 8, 2000 @ 8:00 pm Friday, Dec. 15, 2000 @ 8:00 pm Friday, Dec. 22, 2000 @ 8:00 pm Tuesday, Dee. 26, 2000 @ 8:00 pm Friday, Dec. 29, 2000 @ 8:00 pm Monday, Jan. 1, 2001 @ 8:00 pm Two new floats will be added to the parade this year. Road closures and police escorts will be arranged by the Festival. Thank you for supporting the Winter Festivai of Lights. Yours truly, Greg Bailey, Director of Events Niagara Falls Tourism GB/bs pLANNiNG M, EETtNG BrainTumor Foundation of Canada 650 Waterloo Street Suite 1 O0 London, Ontario N6B 2R4 Phone (519) 642-7755 1-800-265-5106 Fax (519) 642-7192 BN 1 18816339RR0001 Website: http://www. btfc.org/ Monday, October 02, 2000 His Worship Mayor Wayne S. Thomson Mayor for City of Niagara Falls 4310 Quccn Street P.O. Box 1023 Niagara Falls ON L2E 6X5 Of Ft[;t '~ ....'~ , BRAIN TUMOR AWARENESS MONTH Dear Mayor Thomson: For many years now, October h~tq been designated as Brain Tumor Awareness Month in Canada. We ask you to help us continue in our mission to raise awareness of this devastating disease by declaring October as Brain Tumor Awareness Month in your community. We will also appreciate any help you can provide in raising the general awareness about the signs and symptoms of brain tumors and the need for early diagnosis and treatment. Brain tumors arc located at the control centre for thought, emotion, and movement and their effects on an individual's physical and cognitive abilities can be devastating. Whether benign or malignant, a brain tumor can leave the patient visually impaired, hearing impaired, unable to remember things, overcome with seizures, and even paralyzed. Each year approx. 10,000 Canadians of all ages arc diagnosed with a brain tumor and more than lO0 different types of brain tumors have been identified. Brain tumors are the second leading eausc of cancer death in children under the age of 20, and the third leading cause of cancer death in young adults between the ages of 20 and 39. Although as many as 60% of children with brain tumors will survive, they arc oRcn lcR with long-ten side effects. Only 37% of males and 52% of females survive five years following the diagnosis of a primary benign or malignant brain tumor. More and more people are being diagnosed with brain tumors each year. Improving the outlook for children and adults with brain tumors requires research into the causes of and better treatments for brain tumors. At this time brain tumors are treated with surgery, radiation therapy, or chemothcrapy, or any combination of the three. Early detection and treatment arc still the only chance for survival fiom a brain tumor. Since 1982 thc Brain Tumor Foundation of Canada has raised close to one million dollars for research to fred a cure for this devastating disease. The Foundation also provides patient and family support services, and educates the public. Thank you in advance for your support for your constituents with brain tumors. Please do not hesitate to contact me if you would like additional information about brain tumors and the services of the Brain Tumor Foundation of Canada. Sincerely BRAIN TUMOR FOUNDATION OF CANADA Kathcleen M. Ellis Executive Director PLANNiNG MEETING; ,OCT ] 6 7fiOij .~ESTLA,N.~..~. fifaC. F~_LS ZLERi S"fj 'iOiEj '5 29 WESTI,ANE SECONDARY SCHOOL $960 Piuon R.o~d NXAG, A.RA FALLS, ONTARIO ~2H I~S (905) ]S~-240l Fax: (90~) 356-1885 R. J. DALY, ~,A,, M,Erx LOU ~CIO, B.A,, B,EI~, M,En, VICE, PR~CIP,~ MI~I K~SSEN, BA,, B,ED,, RH-EC- Request for Proclamation .. NSAID Day October 17, 2000 · ,Vestlane Students Against Impaired Driving ' OCtober 12, 2000 Mayor Wayne thomson, City of Niagarf Falls, Ontario Dear Mayor Tt oreson: In 1999 Canact an Youth kid their first national day of a~tiOn'agamst impalred d~ving. Tuesday, October 17, 2000. l~s been 'designated as the second annual NatiOnal Stui]ents..~g.ainst Impaired Driving Day aciross Canada. ' ' .. ' Youth can pia3 a positive role in our communities and scho01s:'by creating exiucational opportunities, which are fun, .in roh,lative, and 'saVe the lives of friendS'and Everyday an ax ~rage of 4 5 Canadians are killed as a.resul{"0f. impaired driviiig,':that's an average of 1 death evet~ S hours:. (Source: 2000 MADD Rep0~t. Curd),..' ... Your support mad the' ongoing support of your council. is greatly appreciated. · We respectfully request that you proc!~im Tuesday, October 1.7~ Z000 as National Students Against ImpM~d Driving Dayin the city of Niagara FaBs~ Sincerely,  ~,, ~-~/ .Till Menzies Katie ~CCLltCbi~Oll p S~' am harkey . Co-ordinatOrS, ~SAID at Wes~ane SeLondary School, (905) 356-2401 Z0 District School Board of Niagara SS :]Ntr'l/SBl~ qBB'EgqE-q06 T~ :~l 000Z/ZT/0T The City of Niagara Falls Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niaqarafalis.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city. niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario October 16, 2000 MW-2000-121 Ed Dujlovic, P. Eng, Director Members: RE'. MW-2000-121 Consulting Services for the Design of Sanitary Trunk Sewer Fallsview Tourist Core Area RECOMMENDATION: In accordance with the City' s Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement for the design of the 1't phase of the Sanitary Trunk Sewer for the Fallsview Tourist Core Area with Acres and Associated Environmental Limited, for the upset limit of $43,700.00. BACKGROUND: The City of Niagara Falls had prepared a study on the sanitary servicing for the Fallsview Tourist Core Area. This study addressed the capacity of the sewer to deal with the existing development, the approved development and the proposed development in the Fallsview Tourist Core Area (which includes the new casino site). The report recommended the replacement of the existing trunk sewer to service the area. This consulting services agreement covers the first phase from Bender Hill Pumping Station to Clifton Hill. As per the City's Consultant Selection Policy, direct appointment for design work up to $50,000, Acres and Associated Environmental Limited has been selected to complete this work. Previously, they have successfully completed similar jobs for both the City and the Region. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development MW-2000-121 Page 2 October 16, 2000 Manager of Engineering Services Your concurrence with the above recommendation would be appreciated. Edward P. Lustig, Chief Administrative Officer Director of Municipal Works ~J~~'~tive Director of Community Services DES. Community Services Department Municipal Works - Traffic & Parking Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Ed Dujlovie, P. Eng. Director of Municipal Works MW-2000-123 File: G-180-19 Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafails.on.ca His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario October 16, 2000 Members: Re: MW-2000-123 Bank of Montreal Lease to the City Rear of Main Street - Municipal Parking Lot #13 RECOMMENDATION: It is recommended that: 1) the lease with the Bank of Montreal for land adjacent to the rear of the building in Municipal Parking Lot #13 be renewed; and, 2) the By-law appearing later on tonight's agenda~ be approved. BACKGROUND: For many years now the City has been leasing a small parcel of property in behind the Bank of Montreal in order to consolidate land for Municipal Parking Lot #13. Every five years the lease has to be renewed. Therefore, staff is recommending the renewal of lease under the same terms and conditions that have been in place since the beginning. Council's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. Manager of Traffic and Parking Services Approved byL~.~ John MacDonald e Director of Community Services Ed Dujlovic, P. Eng., Director of Municipal Works K. Dren S:\TRAFFIC'XREPORTSX2000~000 Council~aw2000-123.wpd Respectfully Submitted by: Executive Director of Community Services Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-maih kburden@city.niagarafalls.on.ca F-2000-62 Ken Burden Director October 16, 2000 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2000-62 - Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totalling $10,276,787.94 for the period ending October 16, 2000. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: K.E. Burden Director of Finance Respectfully submitted: E.P. Lustig Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services KEB:jd FForhing Together to Serve Our Community Clerk'a · Finance · Human Resources · Information Systems · Legal · Planning & Development Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: wwagg@city.niagarafalls.on.ca CD-2000-25 E.C. Wagg City Clerk October 16, 2000 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2000-25 Changes to Bingo Policy - Friday Midnight Time Slot RECOMMENDATION: That the bingo event calenclor be amended to remove the weekly Friday midnight bingo time slot. That the bingo event calendar be amended to add a "Mini-Monster" bingo event to be conducted on the first Friday of each month between the hours of 12:00 midnight and 3:00 That the prize board for this session consist of $5,200.00 of fixed prize board and $300.00 for the share the wealth. 4. That this event be permitted for a 3 month trial period. BACKGROUND: Currently the bingo event calendar permits the conduct of one bingo event weekly during the hours of 12:00 midnight and 3:00 a.m. This session as it currently exists has struggled and has been cancelled. A proposal has been received by the Clerks' Department to permit a new bingo to replace this Friday event. The request for this proposal has been signed by the two bingo halls currently operating in the City of Niagara Falls. Working Together to Serve Our Community Clerk's · Finance · Human Resoumes · Information Systems · Legal · Planning & Development The proposal is to allow a bingo to occur once a month on the first Friday of each month, during the hours of 12:00 midnight and 3:00 a.m. In addition, the proposal requests a prize board that consists of $5,200.00 in a fixed prize format and $300.00 in a share the wealth format. A prize board of $5,500.00 is the maximum prize board that can be licensed municipally. At the present time, the maximum prize board licensed by the City of Niagara Falls is $5,000.00. The maximum amount of fixed prize board is $3,000.00 and the current share the wealth prize board is a maximum of $2,000.00. The permitting of a prize board of $5,500, that consists of a major portion of fixed prizes is not to be viewed as a change in the existing policy that will be extended to other bingo events. This prize board is unique to this specific session and a determining factor in recommending 'this proposal is that there is a guarantee by the bingo hall that there will be "no loss" to the licensed organization. The request is for a three month trial. Staff will review this program during the three month period and any continuation of this event will be determined once the bingo reports are in and an assessment can be done. Prepared by: Angela Duerksen Lottery Licensing Co-ordinator Respectfully submitted: E.P. Lustig Chief Administrative Officer Rec e by: City Clerk Approved by: Tony Ravenda Executive Director of Corporate Services Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls; ON L2E 6X5 web site: www.city.niagarafalls.on,ca Tel: (965) 356-7521 Fax: (995)374-7500 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2000-81 October 16, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2000-81, Establishment of a Road Widening As a Public Highway - Portage Road Part 5 on Reference Plan 59R-11153 Our File No.: 2000-237 RECOMMENDATION: That the mad widening along the south side of Portage Road described as Part 5 on Reference Plan No. 59R-11153, be established as a public highway to foils1 part of Portage Road. REPORT: As a condition of Land Division Committee Consent, a road widening was transferred to the City on September 20, 2000. The subject widening is located on the south side of Portage Road, and is shown hatched on the plan attached. Staff is now recommending that the subject widening be dedicated as a public highway to form part of Portage Road. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistan~Property Manager. Approved by: tkh-Tony Ravenda, Executive Director of Corporate Services. Re. by: R.O. Kallio, City Solicitor. Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer. Working Together to Serve Our Community Clerk's · Finance · Human Resoumes · Information Systems · Legal · Planning & Development N g R=1785.18' N61'59'10'E PiN 64.269-0356 PART AREA 1 8,012 KI. ft 2 7,799 mq. ft ~ 10,399 =q.ft 4 1.17 Acres 5 1,145 eq. ft SCHEDULE LOCATION PART OF STAMFORD TOffiSHIP LOT 18 ?,,o I I t I REQUI~[ THIS PLAN PJ.N. TO B~ DEPOSiTeD UN~ 1HE ~O ~S ACT 6426~2(LT) _A~J~31~ 2~ ~ DAE ~,* ALL FOUND MONUMENTATIO~ Morthews, Corneton, Heywo PREDECESSOR FIRM UNLES! DISTANCES SHOWN ON 11.11S CONVE~II:.D TO METRES BY BEARINGS ARE ASTRONOMIC NORll-f~RLy UMrr OF THOMF PLAN 59R-10274, HAV1NG A Part of Sfamf REGIONAL MUNICI MAI'I}[IIS, CAM~, I~ ~,.,--q' T 2O00 1. THIS SURVEY AND Pt, AN VA~4 THE SURVEYS ACT, TN 11TI..E:S ACT AND THE REGUL 2. 1HE ~URVEY WAS COi4PL The City of Niagara Falls Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-maih rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2000-82 October 16, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2000-82, Authorization to Proceed with Closing Part of the Unopened Road Allowance Lying South of Land owned by Niagara Glen-View Tent & Trailer Park Between Victoria Avenue and River Road Our File No.: 2000-241 RECOMMENDATION: That staff be authorized to proceed with the closing of that part of the unopened road allowance between Stamford Township Lots 74 B.F. and 75 abutting the southerly limit of land owned by Niagara Glen-View Tent & Trailer Park. REPORT: In order to accommodate proposed development on its lands, Niagara Glen-View Tent and Trailer Park is requesting the closing of that portion of the unopened road allowance abutting the southerly limit of its property. The portion of the road allowance to be closed is shaded black on the plan attached. Once the road allowance is closed it would be offered to the abutting owners for the appraised value. A subsequent report to Council will outline particulars of any the proposed sale. The applicant is requesting that staff not ~nalize the closing of the road allowance until such time as development plans for the applicant's lands are finalized. Staff is prepared to proceed with closing the road allowance to the point in the process where Regional approval is required and the by-laws are to be registered. Should it become necessary, the City would still be in a position to stop the process and rescind the by-laws prior to Regional approval. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development L-2000-82 - 2 - October 16, 2000 The applicant has submitted a non-refundable $5,000.00 deposit toward the costs of closing the mad allowance. Should the road allowance be closed and offered for sale to the abutting owner, the deposit will be credited toward the purchase price of the land. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: ~'Tony Ravenda, Executive Director of Corporate Services. ~~.~Ka~dby: City Solicitor. Respectfully Submitted: Edward P. Chief Administrative Officer. I II NIAGARA view Tent&Trailer Niagara Glen~view Tent & Trailer Park Limited 3950Victoria Avenue RO. Box 2087 Niagara Falls, ON Canada L2E 6Z2 September 29, 2000 Mayor Wayne Thomson and Members of Council City of Niagara Falls 4310 Queen Street L2E 6X5 OR:ICE ~ ~'HE MAYOR Dear Mayor Thomson and Members of Council: Re: Niaqara Glen View Tent and Trailer Park and The Great Lakes Companies, Inc. The Niagara Glen View Tent and Trailer Park Limited and the Amadio family are the owners of approximately 23 acres of property bordered by Leader Lane, Victoria Avenue and the Niagara Parks Commission lands. We are presently negotiating with The Great Lakes Companies, Inc. with respect to the sale of these lands for the purpose of developing the property for an all seasons resort and conference centre. It appears that these people have a proven track record and own several of these facilities in the United States. This is their first venture in Canada. TOLL FREE 1-800-263-2570 PHONE (905) 358-8689 FAX (905) 374-4493 The sale of our property is contingent upon many factors which are normal in a multi-million dollar development. ':The sale of the property is therefore not a certainty and we have other plans for the development of the lands which encompass the opening of the rkSht-0f-way from Victoria Avenue down to River Road should the sale to Great Lakes not be completed. Although we are in favour of commencing the process of closing the road allowance for the purpose of a conveyance to Great Lakes as the adjoining land owner, if the sale of our land is not completed we would like the whole road allowance to be opened in the future from Victori ue to River '2- to facilitate another development. We have discussed the matter with City staff and they have indicated that the process of closing and selling part of the road allowance can be commenced but not finalized until a sale of our lands to Great Lakes is assured. Thank you for your consideration herein. Yours truly, NIAGARA GLEN VIEW TENT & TRAILER PARK Cecil Amadio, President cc: Ray Kallio THE COMPANI , . September 28, 2000 Mayor Wayne Thomson and Member of Council City of Niagara Falls 4310 Queen Street L2E 6X5 RE: Niagara Glen View Tent and Trailer Park and The Great Lakes Companies, Inc. Dear Mayor Thomson and Members of Council: The Great Lakes Companies, Inc. ("Great Lakes") is in the process of planning the construction of a "Great Lodge" all-season resort and conference center on lands presently owned by the Niagara Glen View Tent and Trailer park Limited and the Amadio family ("Niagara Glen View Lands"). The Municipality has an tinopened road allowance on part of the lands that is necessary for the construction of our lodge and other facilities. The municipality also has an unopened road allowance connecting the site with River Road. We would ask that part of the road allowance as indicated in the attached plan be closed and sold the Great Lakes so that we can construct our project. In addition, we request that a part of the road allowance as indicated in the attached plan be opened, connecting the project with River Road. For the project to proceed, we~need to know that the requested ~oad allowance closing and openings referenced above will occur upon the purchase of the Niagara'Glen View Lands. In order to meet our deadline for commencing construction as of next January or February (at the latest), we must ask that ttte process of closingthe one road allowance and opening the other and the conveyance of the road allowance to Groat Lakes as the eventual property owner start now. A letter from Niagara Glen View in support of this application will accompany this letter. There are, however, several contingencies associated with this development that could lead to an aborted purchase of the property by The Great Lakes Companies, Inc. These contingencies are normal to a large development and include availability of Mayor PLANNING IL ETING. C:\XE[Nl30~(/S\Tetnporary Internet FilesXOLKC194XLtr - Mayor Council 092600.doc 122 West WashingIon Avenue, 10lh Floor · Madison, WI 53703 (608) 251-6400 · FAX (608)251-6800 · Interact: www. greatlakesco.com · Eraall: info@greatlakesco.com The Great Lakes Companies, Inc. Thomson and Members of the Council September 28, 2000 Page 2 services, soil testing, minor variances and financing. Accordingly, if for any reason the project is aborted and the purchase of the Niagara Glen View Lands is not consummated, it is the wish of the Amadio family that the road allowance not be closed as they have plans that would include the opening of the road allowance for future development. We have met with City staff and we understand that procedures are available to ensure that the closing of the road allowance is reversed in the event that the purchase does not take place. Finally, I wish to thank you for the assistance and encouragement we have received from all Municipal Departments and in particular Mr. Serge Felicetti. Sincerely, C:\WINDOWS\Temporav/Internet Files\OLKC194XLtr - Mayor Council 092600.doc RequestEd" "'*" Road Closure C Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2000-83 October 16, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2000-83, Conveyance of Former CNR Right of Way To Owner of 8678 Champlain Drive Our File No.: 2000-207 RECOMMENDATION: That a conveyance of part of the former CNR Right of Way located at the rear of 8678 Champlain Drive to the present owners of the land, for nominal consideration and at no cost to the City, be authorized. REPORT: In 1962, The Corporation of the Village of Chippawa offered the former C.N.R. right of way to abutting owners for a small fee plus "nominal legal fees". A copy of the 1962 letter is attached for your information. According to Registry Office records a few of the abutting owners took advantage of this offer and received that portion of the former railway lands abutting their property. A copy of the Registry Office property identification plan attached shows the subject portion of the former railway lands hatched on the plan. Mr. and Mrs. Burritt recently purchased 8678 Champlain Drive. They have provided staff with a copy of the receipt from the Village to the previous owner for the $20.00 required by the Village in 1962. It is clear that the intent was to convey the railway property, however, a search of title indicates the subject property is still in the name of the Village of Chippawa. Clerk's Working Together to Serve Our Community Finance · Human Resources . Information Systems · Legal · Planning & Development L-2000-83 - 2 - October 16, 2000 Staff recommends that the subject property now be conveyed to the current owners at no cost to the City. S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. ed by: R.O. Kallio, City Solicitor. Respectfully Submitted: Chief Administrative Officer. ...... ~LQC~ ~4~84,,,,,,p,,, \ BLOCK 6438f THI~, PRC BLO BLOC CITY NIAGA REG.k NIAGA (OFFI(