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2005/05/16PRAYER: Alderman Joyce Morocco ADOPTION OF MINUTES: Council Minutes of May 2, 2005 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. ITEM NO. 17 COUNCIL MEETING May 16. 2005 DISCLOSURES OF PECUNIARY INTEREST PLANNING MATTERS Public Meeting AM- 03/2005, Official Plan Zoning By -law Amendment Application 5705 Falls Avenue Applicant: 1032514 Ontario Ltd; 1006092 Ontario Ltd; Canadian Niagara Hotels Inc.; Greenberg International Inc. Maple Leaf Entertainment Inc. Proposed Hotel and Observation Tower Background Material (HANDOUT) Recommendation Report: PD- 2005 -32 -AND Correspondence from the Ministry of Transportation Correspondence from Ken J. Murphy Correspondence from Niagara Parks Commission ITEM NO. 18 ITEM NO. 19 ITEM NO. 20 2 Public Meeting AM- 05/2005, Zoning By -law Amendment Application 5685 5705 Falls Ave., 4608 4800 Bender St., and 4915 Clifton Hill Applicants: 1032514 Ontario Ltd., 1006092 Ontario Ltd. Canadian Niagara Hotels Inc., Greenberg International Inc. Maple Leaf Entertainment Inc. Proposed Waterpark and Enclosed Pedestrian Bridge Background Material: Recommendation Report: PD- 2005 -29 -AND Correspondence from Regional Niagara, Planning And Development Department Public Meeting AM- 08/2005, Zoning By -law Amendment Application 8921 Sodom Road Applicant: 289900 Ontario Ltd. /Joe Miszk Proposed Rezoning of a Land to a Neighbourhood Commercial Zone Category to Permit the Expansion Of the Existing Restaurant Background Material: Recommendation Report: PD- 2005 -28 -AND Correspondence from Regional Niagara, Planning and Development Department Public Meeting AM- 09/2005, Zoning By -law Amendment Application 3770 3980 Montrose Road Applicant: River Realty (1976) Ltd. Proposed Expansion of the Existing Mount Carmel Shopping Centre Background Material: Recommendation Report: PD- 2005 -31 ITEM NO. 21 ITEM NO. 22 3 AND Correspondence from Regional Niagara, Planning and Development Department Correspondence from the Ministry of Transportation Public Meeting AM- 48/2004, Zoning By -law Amendment Application 4967 to 4975 Clifton Hill Applicant: Victor Tarnoy Proposed Amusement Rides /Devices Background Material: Recommendation Report: PD- 2005 -30 AND Correspondence from Regional Niagara, Planning and Development Department Public Meeting AM- 12/2005, 6134/6136 Delaware Street Dawlish Ave. Applicants: Haroun Sarena Srour Agent: Mathews, Cameron, Heywood Surveying Ltd. Existing semi Detached Dwelling, Lot Size Building Setbacks Background Material: Recommendation Report: PD- 2005 -33 AND Correspondence from Regional Niagara, Planning and Development Department MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Victorian Order of Nurses Re: Proclamation requesting that Council proclaim the week of May 16 -22, 2005 as "National VON Week RECOMMENDATION: That the request be approved. 2. Inter Departmental Memorandum and Correspondence from the Downtown B.I.A. Re: Use of the 2005 budgetted CIP funds. RECOMMENDATION: Refer to staff. 3. Correspondence from Mr. J. Brucato Re: Billboards in Chippawa and Memo from the Director of Municipal Works. RECOMMENDATION: Refer to staff. Additional Items for Council Consideration: The Temporary Acting City Clerk will advise of any further items for Council consideration. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Selina Volpatti, Chair) RATIFICATION OF "IN CAMERA" ACTIONS LEGAL MATTERS 4 REPORTS 1. Chief Administrative Officer L- 2005 -20, Ascot Woods Ltd., Land Exchange with City, East of Beaverton Boulevard. CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. 1. L- 2005 -22, LeBlanc, Marcel Encroachment Agreement, 4223 May Avenue; 2. MW- 2005 -60, Traffic Control Signal Devices; Maintenance Operations Agreement; 3. MW- 2005 -61, COMRIF Funding; 4. MW- 2005 -62, Drummond Road Environmental Assessment Appointment of a Consulting Engineer; 5 5. MW- 2005 -63, Tender Award, Contract 2005 -02, Sidewalk Concrete Repair Program; 6. MW 2005 65, Willoughby Drive Extension (Detenbeck Road to Bossed Road) Development Agreement (Giampa and Howard); 7. PD- 2005 -25, Matters Arising from the Municipal Heritage Committee Meeting, April 27, 2005. BY -LAWS The Temporary Acting City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2005 -80 To establish Part 1 on Reference Plan 59R -6976 as a public highway, to be known as and to form part of Willoughby Drive. 2005 -81 To appoint certain City officials as signatories for banking purposes. 2005 -82 To amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited) 2005 -83 To amend By -law No. 79 -200, to permit the development of a residential plan of subdivision between Garner Road and Kalar Road, north of Westport Drive and on the south side of the hydro corridor (AM- 20/2004, Garner Village) 2005 -84 (HANDOUT) To amend By -law No. 79 -200 and 5335, 1955 to permit increased height for a water park and a series of enclosed pedestrian walkways (Re: AM- 05/2005, 5685 Falls Avenue) 2005 -85 (HANDOUT) To amend By -law Nos. 79 -200 and 395, 1966, to put the property under By -law No. 79 -200 and provide regulations for the expansion of the restaurant on the property (AM- 08/2005, 8921 Sodom Road) 2005 -86 (HANDOUT) To provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA #61, 5705 Falls Avenue) 2005 -87 To adopt, ratify and confirm the actions of City Council at its meeting held on the 16'" day of May, 2005. NEW BUSINESS Niagara The City F of alls' Fs Canads Members: RECOMMENDATION: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario It is recommended that: Corporate Services Department PD- 2005 -32 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356 -2354 E -mail: planning ©city.nlagarafalis.on.ca May 16, 2005 Re: PD- 2005 -32, Official Plan Zoning By -law Amendment Application AM- 03/2005, 5685 5705 Falls Avenue, 4608 4800 Bender Street and 4915 Clifton Hill Applicant: 1032514 Ontario Ltd.; 1006092 Ontario Ltd.; Canadian Niagara Hotels Inc.; Greenberg International Inc. Maple Leaf Entertainment Inc. Proposed Hotel and Observation Tower That the report be received and adopted, and subject to staff bringing back a report to Council to include explanations of Section 37 of the Planning Act, as defined by the 1131 Group regarding amendments as to gross or net floor bonusing. 1) Council approve the application to amend the Official Plan and Zoning By -law to permit a 230 metre (754 foot) 59 -storey hotel and observation tower on the property known as 5705 Falls Avenue and required parking on the balance of the lands shown on Schedule 1; 2) Council pass the necessary by -law to adopt the Official Plan amendment appearing in Council's agenda as a handout; 3) before the amending zoning by -law is brought before Council for passing, the applicant be required to execute and the Legal Services Division have ready for registration, a site plan agreement for the proposed development and a Section 37 agreement, the latter of which shall secure the following matters: a contribution in keeping with Council's adopted formula (based on the floor area that can be occupied) for community benefit which shall be directed toward one or more capital projects approved by Council; an architectural design including, but not limited to, surface articulation, exterior materials, roof structure and pedestrian scale uses, that is satisfactory to the Architectural Peer Review Panel and the Director of Planning and Development; and a completion of streetscaping improvements along the abutting street frontages; Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 16, 2005 2 PD- 2005 -32 4) the proposed hotel /tower be placed under By -law No. 79 -200 with site specific amendments to guide the development; and 5) Site Plan approval for this project be subject to a further review and endorsement by the Architectural Peer Review Panel to address outstanding design matters. BACKGROUND: Canadian Niagara Hotels et al have requested amendments to the Official Plan and Zoning By -law for the lands known as 5685 and 5705 Falls Avenue, 4608 and 4800 Bender Street, and 4915 Clifton Hill as shown on Schedule 1. A 229 metre (751 feet) tall hotel and observation tower, with 48 floors of accommodation and restaurant areas, and additional mezzanine and mechanical levels (59 storeys in total) is proposed on the property known as 5705 Falls Avenue, with parking provided on the balance of the lands shown on Schedule 1. Schedules 2 and 3 show the proposed development. The land is currently designated Tourist Commercial in the Official Plan and zoned Commercial One (C1) and Industrial One (I1) under By -law No. 5335, 1955 and Tourist Commercial (TC) under By- law No. 79 -200. The Official Plan limits hotels to 30 storeys in height in this location. The applicant proposes a site specific special policy in the Official Plan to permit an exception to the maximum height policy. Special provisions are requested to be added to the applicable zoning to guide the development of the hotel and observation tower and permit parking on any of the lands shown on Schedule 1. Circulation Comments Regional Municipality of Niagara Redevelopment of the site for tourist commercial development Regional Official Plan. complies with the The visual impact of the height of the building is reduced by its location at the bottom of the escarpment. The slender faceted profile of the tower building helps to avoid creating a "solid wall" effect and should present an interesting facade that could become a distinctive skyline feature. Regional Planning staff is not opposed to the height and design of the tower, however, note that further design work needs to be done with regard to integrating the hotel with the public realm at the street level and with Queen Victoria Park, ensuring there is sufficient pedestrian space along the public sidewalk and minimizing conflicts between pedestrian and vehicular traffic. Further review is needed on the impacts of this building on traffic and infrastructure, in particular, impacts on Bender Hill sanitary pumping station, which is intended to be studied to determine the need for improvements. In the meantime, the developer should use low -flow water appliances in the hotel. May 16, 2005 3 PD- 2005 -32 Ministry of Transportation No concerns. Municipal Works The drawings indicate encroachments from the hotel over the road right -of -way. Further review and approval of these encroachments, independent of this process, are required. There are adequate municipal sanitary water and storm services to service the site. The recently constructed sanitary main in the area should have enough capacity to accommodate flows from the development. However, comments from the Region with respect to Bender Hill pumping station capacity need to be regarded. Traffic Parking Services To mitigate impacts on surrounding streets and provide for safety, a number of measures are needed. These include relocating bus drop -off for the existing and proposed hotels from Falls Avenue to the rear of Skyline Brock, setting up valet parking services in this rear area, maintaining the existing median island within Falls Avenue to prevent left turns from the new hotel and further reviewing pedestrian circulation in front of the hotel at the site plan stage. Fire Services No objections at this time. The developer may need to provide additional communications infrastructure to enhance Fire Department radio communications to an acceptable level. Parks, Recreation Culture No objections. Development is subject to the City's 2% cash in lieu of parkland dedication for tourist commercial development. Building Bylaw Services All required building permits to be obtained prior to commencement of construction. Other building matters to be addressed at the site plan stage. Niagara Parks Commission (NPC) Parks staff notes that there appear to be no wind or shadowing impacts on NPC lands. There are some concerns with respect to traffic, pedestrian flow in front of the hotel and parking and further review of these issues should be done to determine solutions. Formal review by NPC Commissioners is scheduled for May 18, 2005. May 16, 2005 4 PD- 2005 -32 Planning Analysis The proposed hotel and observation tower at 229 metres (751 feet) and 59 storeys, including all occupied floors and mezzanine and mechanical room levels, would be the tallest building in the City. The recently approved Hilton Tower has a height of 172 metres (565 feet) and 58 storeys. The Skylon Tower is 155 metres (510 feet) high. The proposal is being reviewed based on the established Official Plan Policies and the Tourist Policy Implementation Handbook. The subject lands are designated Tourist Commercial and are located in an area contemplated for buildings up to 30 storeys in height. Both the hotel and observation tower are permitted uses. The architect (Michael Kirkland) and planner (David Butler) representing the applicant have provided extensive design and planning analysis which is referred to in this report. Copies of their reports can be reviewed in the Planning and Development Division. 1. Replacement of the Existing Kodak Tower with the HoteUObservation Tower Section 4.1.23 of the Official Plan indicates that the skyline of the City shall continue to be characterized by the three existing viewing towers (the Kodak Tower on the subject lands, the Skylon Tower and the Minolta Tower). When the tourism policies were reviewed, the issue of replacing towers was not formally addressed. The consultant for this review, the IBI Group, indicated that any consideration of replacing a tower should be subject to extensive review. The applicant's architect and planner have provided a significant amount of supporting information and note the following: Various views of the proposal have been prepared using computer graphics. This analysis indicates that the views of the tower from other parts of Niagara Falls and the United States will be positive. A new icon will be created that will contribute to the historic skyline of the City, by improving on one of the three towers forming part of the skyline, and will strengthen the node centered around Casino Niagara and Rainbow Bridge. The existing tower would need extensive renovation to make it useable. The new tower will provide a visually improved viewing experience for tourists. Planning staff has reviewed these points and the views provided. It appears the new tower will not overpower the other two towers on the skyline as it is approximately 1 km from the Skylon Tower. A visual analysis provided by the applicant indicates that the Skylon Tower will maintain its prominent status on the City's skyline due in part to its location on top of the escarpment and its isolation from other tall buildings. The Minolta Tower has already lost its prominence on the City skyline due to nearby hotels and will not be further impacted by this development. Planning staff is satisfied that the Official Plan policy 4.1.23 has been appropriately addressed. Based on the foregoing, a departure from section 4.1.23 is appropriate, subject to ensuring the new building is developed as proposed and refined as recommended by the Architectural Peer Review. May 16, 2005 5 PD- 2005 -32 2. Building Height Section 4.4.3 and Figure "4" of the Official Plan restrict buildings in the tourist area to a maximum of 30 storeys. Tall buildings have the potential to impact abutting land uses with shadows and adverse wind effects. Because of this, the Official Plan stipulates that building heights are to be reduced in height toward the periphery of the tourist district next to sensitive land uses. The Tourist Policy Implementation Handbook adds this policy by introducing a two -tier approach to hotels within areas designated for high rise development. Hotels up to 30 storeys in height are permitted in the first tier of development. Hotels above this height are generally only permitted in the second tier, located well within the tourist core. As this site is located in the first tier, buildings over 30 storeys in height would normally be discouraged in this location. However, there are a number of points that allow an exemption to the height limitation in this location. The applicant's architect and planner have noted the following: The location of the building is below the escarpment, reducing its height and visual impact when compared to other hotels and observation towers on top of the escarpment. Adequate setbacks and a gradation of building heights are provided from residential areas. The shadowing analysis undertaken confirms residential areas will not be subject to shadowing impacts. The visual impact analysis indicates that the building should not have a significant impact on Queen Victoria Park (due in part to its slender profile). No adverse shadow or wind impacts are anticipated on the park. Nearby properties located on Clifton Hill are not impacted by shadowing and their views of the Falls will not be affected. A shorter, more massive hotel could have a significant negative impact, when compared to the subject development by creating a wall along the skyline. The slender faceted design of the hotel has less mass and reduces its visual impact. Planning staff concurs with these points and has made the following additional observations: Unlike buildings constructed on top of the escarpment which have contributed to the wall effect, the tower is sufficiently removed from the Horseshoe Falls, and as such, has no visual, shadow or wind impacts on the falls. Both the Architectural Peer Review Panel and the applicant's Microclimate consultant are satisfied there will be no environmental impacts. The tower will be about 57 metres (185 feet) taller than the new Hilton tower and about 74 metres (240 feet) taller than the Skylon Tower. However, the proposed tower is located below the escarpment at a ground elevation of about 24 to 28 metres (80 to 92 feet) lower than the Skylon and new Hilton tower. In addition, the top 50 May16, 2005 6 PD- 2005 -32 metres (164 feet) of the height of the proposal is a roof feature which reduces the apparent height of the tower. These two factors indicate that the new tower should not be significantly taller than, nor should it over power, these other two towers. However, support for the increased height must be predicated on refining the design of the building to ensure the observation tower remains a prominent component of the building and appears as a separate element. It is recommended that the Panel be retained to review the detailed site plan drawings for the building to ensure the design changes noted below are implemented. 3. Architectural Peer Review (APR) Panel Comments The Panel has extensively reviewed the plans and is recommending conditional approval of the project. The report is attached as Appendix 1 and summarized below: The design avoids creating an undesirable wall effect by maintaining adequate separation distances between the Sheraton Brock Hotel (35 metres or 115 feet) and the Skyline Brock Hotel (14 metres or 46 feet). Although the design guidelines call for 25 metres or 82 feet between buildings, the reduced setback to the Skyline Brock Hotel is acceptable given the height of the tower and the tapered shape of the hotel. Although a setback from the podium is not provided, this is acceptable as it is compatible and consistent with the existing development on Falls Avenue. Pedestrians will be protected from microclimate conditions under integrated canopies. However, further podium design work needs to be done to provide a high quality pedestrian-scale environment and to complement adjacent buildings. The hotel component has a width of 43 metres (141 feet) which exceeds the design guideline standard of 40 metres (131 feet). This minor increase is acceptable given the angled facade of the upper portion of the hotel. However, with the addition of the observation tower shaft the width increases to 53 metres (174 feet). To address this width, further work on the architecture of the hotel and tower needs to be done to visually separate the two elements. There are no concerns with the height requested nor the replacement of the existing Kodak Tower. With relatively minor changes, the project should add an attractive element to the skyline. Further refinements to the design are needed to ensure drop off and turning movements are contained on site and to maintain the continuity of the public sidewalk Further design and landscape planning is needed at the site plan approval stage to secure a high quality pedestrian environment and landscaping along Falls Avenue. The panel is satisfied that the microclimate along the street will be acceptable for pedestrians. May t6, 2005 7 PD- 2005 -32 The panel is also in agreement with the findings that shadowing impacts will be contained to the site, with the exception of late afternoon shadowing on Rainbow Bridge Plaza. While the panel feels the project meets the general intent of the Tourist Policy Implementation Handbook, the panel has flagged three significant areas where improvements need to be made, prior to final sign -off on the project. These are improvements to the vehicular and pedestrian movements and circulation at the ground level, resolution of the podium design and architectural delineation between the tower and the hotel. These need to be resolved, however, they do not impact on the height or general massing of the hotel. These matters could be addressed, with the involvement of the Panel, during the site plan approval process. It should be noted that further discussions have occurred between the applicant and Municipal Works staff on traffic and pedestrian matters since the Panel has reported and certain concerns appear to be on the way to being resolved. It is recommended that Council direct the Panel to review and approve the site plan drawings 4. Impacts on Municipal Services, Transportation Systems and other Community Facilities Municipal Works section indicates that the City's underground services are adequate to service the development. However, the Region continues to raise some concern with the capacity of the Bender Hill Pumping Station to accommodate future development in the tourist area and recommends that low -flow appliances be used in the hotel. The City will continue to monitor available capacity within the facility service area and work with the Region to ensure capacity for future developments. The applicant has provided a traffic impact study that indicates the existing road infrastructure is sufficient to accommodate anticipated volume. Traffic Services staff concurs that existing and scheduled road improvements will handle anticipated volumes. However, to ensure roads can accommodate added volumes, improve existing traffic conditions on Falls Avenue and ensure pedestrian and traffic safety is provided, staff has been working with the applicant to implement traffic control measures. This includes developing an area in the rear of the Skyline Brock hotel to accommodate bus and valet drop off and pick -up. Controls will need to be implemented along Falls Avenue to restrict buses from stopping there and the existing median island will need to be maintained to prevent problematic left turns from coming out of the new driveway in front of the hotel. 5. Section 37 Benefits Last year, Council adopted a building height bonus policy for collecting cash contributions for projects proposed beyond the 30- storey limit set out in the Official Plan. These contributions are intended to go to public capital facilities to improve the quality of life for residents and visitors. This cash contribution is above and beyond the streetscape improvements sought for zoning approval for that portion of the project under 30 storeys. The formula is based on 5% of the cost to construct floors above 30 storeys. According to Statistics Canada, the cost of high rise hotel construction for 2005 is $150 per square foot. May 16, 2005 8 PD- 2005 -32 To determine a fair system to calculate the appropriate floor areas, staff consulted with the 131 Group who stated that the net floor area (excluding elevators, shafts, stairwells and mechanical and electrical floors) of each useable floor should be counted. The applicable formula is as follows: Net floor area above 30 storeys x $150 per sq. ft. x 5% of construction value The applicable amount is anticipated to be in the $1,300,000 to $1,500,000 range. Staff is seeking further direction from the IBI Group to determine exact amounts. Council needs to decide which of the following projects the money is to be allocated: Approved arena project Projects approved under a Master Community Improvement Plan such as the Downtown Arts Centre project Millennium Trail project Hydro Corridor trail and buffering project A Section 37 agreement is to be executed prior to the passage of the amending by -law and is to provide for an architectural design for both the hotel and observation tower including, but not limited to, surface articulation, exterior materials, roof structure, pedestrian -scale uses, and design of the public realm satisfactory to the Architectural Peer Review Panel and the Director of Planning and Development. In addition to these benefits collected for floors over 30 storeys, the City's Official Plan policies require contributions to improve the abutting streetscapes in exchange for height bonuses between 4 storeys and 30 storeys. However, it is noted that the applicant has already undertaken many streetscape improvements along Falls Avenue and Clifton Hill and the City has improved the Victoria Avenue frontage. Additional improvements may need to be determined and secured prior to site plan approval. 6. The proposed Official Plan amendment is appropriate. The proposed amendment document is attached to the report as Appendix 2. This document permits the proposed hotel /tower to a maximum height of 230 metres (rounded up from 229 metres) and contains a list of matters, as recommended, that the developer is to provide as part of the Section 37 agreement. Once approved, the Official Plan amendment will be sent to the Region for approval. Subsequently, the amending zoning by -law and Section 37 agreement will be prepared. To he consistent with the Council's decision for the Hilton expansion, it is recommended that the Section 37 agreement and site plan agreement be executed by the applicant and ready for registration prior to the amending by -law being brought before Council. In this way, Council can assure itself that the project will be developed as presented (subject to design improvements) and all conditions imposed are addressed. May 16, 2005 9 PD- 2005 -32 7. Parking Requirements Most of this site falls under By -law No. 5335, 1955. The parking standards required by this by -law are out of date and insufficient for addressing the needs of modem developments. For hotels, the outdated requirements are one space for every three hotel rooms. There are no parking requirements for accessory uses. A wide range of uses has been developed under By -law No. 5335, 1955 without needing to provide parking. Hotels in the City have typically been developed under By -law No. 79 -200. The more contemporary standards contained in this by -law require one space for every two hotel rooms and require parking for accessory uses including restaurants, retail uses and meeting or conference rooms. There are 2,210 parking spaces available on the applicant's lands. Their traffic consultant has confirmed that about 700 spaces would be required for the existing uses on the land. There are no parking requirements for the casino, and the applicant's lawyer has confirmed that there is no agreement or obligation to provide spaces for the casino. To ensure that this development, or any future development, does not create any adverse off site parking problems, and to be consistent with the parking requirements of other high -rise hotels, the hotel needs to retain at least enough parking to meet the standards of By -law No. 79 -200. Approximately 280 spaces would be required for hotel rooms plus additional spaces required for restaurant, retail space, meeting rooms and indoor observation floor area. Even with this increased standard, the applicant will have several hundred surplus parking spaces which can be utilized for future uses. 8. Placing the proposed hotel/tower under By -law No. 79 -200 is appropriate. The development of the subject land is currently regulated by By -law No. 5335, 1955. It is more appropriate to develop the hotel /tower under the more contemporary standards of By- law No. 79 -200. This by -law, with site specific amendments, has successfully been used to guide the development of most of the hotels in the City. By -law No. 79 -200 also has the more contemporary parking standards that are needed to guide the provision of parking for this development. The by -law will allow required parking to be provided on the applicant's adjacent lands, as shown on Schedule 1. 9. Site Plan Matters A number of development matters are still outstanding. These matters include the following: Further design refinements required by the Architectural Peer Review, including delineation of the hotel and tower, podium design and provision of pedestrian level uses and activities, surface articulation and roof structure. Determination of any required mitigation of wind impacts on the laneway north of the tower the microclimate consultant has identified, and also a review to ensure snow and ice accumulation on the tower will not affect pedestrian or vehicular safety. May 16, 2005 -10 PD-2005-32 CONCLUSION: 1. The requested amendments to develop a 230 metre (754 foot) hotel and an observation tower can be supported for the following reasons: 2. It is recommended the hotel/tower be placed under By -law No. 79 -200 to guide the development under more contemporary standards and to mitigate the potential of off -site parking problems. espectfuwlly submitted: At John MacDonald Chief Administrative Officer ew Bryce Planner 2 Recommended by: 4 6, tt(Aiz oug Darbyson Director of Planning Development Approved by: °Y-jr nda Executive Director of Corporate Services AB:pb Attach. Traffic considerations, including measures to contain bus and valet parking to behind the Skyline Brock Hotel and restrict bus stopping along Falls Avenue, and to provide for safe and convenient pedestrian movement in front of the hotel. Landscaping, site lighting, fire safety and access, municipal servicing, vehicular movement and waste disposal matters that are standard matters addressed in the site plan review process. The proposed development is in keeping with the objectives of the Official Plan; Based on inclusion of an observation tower and its location at the bottom of the escarpment, the lands are suitable for consideration of a height increase beyond the current regulations. With relatively minor design changes, the hotel can meet the intent of the applicable design standards to the satisfaction of the Architectural Peer Review Panel; and Surrounding lands will not apparently experience negative impacts in terms of sky view, shadowing and wind. S:\PDR\2005\PD2005 -32, AM- 03 -05, CNH Proposed Hotel Observation.wpd Location: 4608 Bender St. 4800 Bender St. 5685 Falls Ave. 5705 Falls Ave. 4915 Clifton Hill IO\GIS_Requals52005\S the lulu 5zoningAMUM- 030napping.apr SCHEDULE 1 LOCATION MAP Subject Land Proposed Hotel and Observation Tower Amending the Official Plan and Zoning By -law Nos. 79 -200 and 5335, 1955 Applicant: 1032514 Ontario Limited 1006092 Ontario Limited Canadian Niagara Hotels Inc. Greenberg International Inc. Maple Leaf Entertainment Inc. AM- 03/2005 s 1:NTS April 2005 NMI r•tru F- Z LCD Ilj Z Z O Z J Q J CL w 0 _05 SCHEDULE 2 SCHEDULE 3 M Emig 1 S \$E t ISM 'Bikini ice G E t 0 ==1 d 2Ab zvE ess ..lIFIeaee is :ee "11eean APPENDIX 1 Architectural Peer Review Reference No- 05 -101 Rainbow Hotel Observation Tower Mr. Doug A. Darbyson, Director Planning Development The City of Niagara Falls 4310 Queen St. PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson, April 26th, 2005 ARCHITECTURAL PEER REVIEW FINAL REPORT AM- 03/2005, Official Plan Zoning By -law Amendment Application Canadian Niagara Hotels, 5705 Falls Avenue, Niagara Falls Proposed 48 Storey, 556 Room Hotel Rainbow Observation Tower The applicant should be congratulated on the extent, clarity and quality of the submission and presentation made on March 3 2005. The comments of the Architectural Peer Review Panel are based on the above submission and The Kirkland Partnership memorandum of April 8th, 2005, responding to the draft Peer Review Panel report, and additional information supplied by The Kirkland Partnership, see appendices. 1.0 SITE DEVELOPMENT The Rainbow Tower and Hotel site is immediately south of the 11 storey Skyline Brock Hotel and incorporates the Hard Rock Cafe and the entrance to the Casino on the east side respectively. Adjacent to the site on the south side is the 23 storey Sheraton (Foxhead) Hotel. The proponents project is comprised of a 556 room 48 storey hotel with an observation tower rising to 229m above Falls Avenue. The hotel and tower sit on top of a podium base which incorporates and is slightly higher than the adjacent Hard Rock Cafe. The majority of guests and casino patrons arriving by car will be directed through the lane between the Rainbow Hotel and the Brock Hotel to the parking structure at the rear of the Brock Hotel. Guests using valet service will either stop under the porte cochere or be directed to the valet service behind the Brock Hotel. A valet Architectural Peer Review Reference No- 05 -101 Rainbow Hotel Observation Tower staff member will park cars stopped under the porte cochere by driving the guests car around the block to the parking structure behind the Brock Hotel. See additional information see "Valet Parking Self Parking Operational Detail" dated 21 April 2005 supplied by City of Niagara Falls Traffic and Parking Services and email dated April 22nd, 2005 (1:07 pm) from Michelle Tumelty See appendices (A) and (B). Given the site location, the hotel and tower will conceivably be a most important landmark icon. The general high quality of the architectural design reflects the importance of this building positioned as it is at the gateway to Canada for visitors from the U.S.A. 2.0 OFFICIAL PLAN REQUIREMENTS Under Part 2, Policy 4.6.11 applications for a Height greater than 30 storeys will be considered if the application is supported by one or more reports prepared by a professional urban designer, land use planner or architect in order to address the manner in which the development at a defined building height will maintain the built form objectives set out in Policies 4.1.23 and 4.1.24. The reports are to demonstrate that there is no significant adverse impact created because of the additional height. Issues to be addressed shall include extensive shadowing on residential areas, public streets and green spaces, encroachments on views of the falls or other landowners and the creation of severe wind impacts at street level. 3.0 The following principles follow the format outlined in The Tourist Policy Review Implementation Handbook. Principle 1 Positive Base Building 3.1 Achieve a positive base interface between vertical building and street elements through built to lines, setbacks, edge treatments, weather protection, transparency, proportion and scale. 3.2 Relevant O.P. Requirements 4.3.1, 4.3.5, 4.3.11, 4.3.15., 4.4.1., 4.4.7 ..../2 Architectural Peer Review Reference No- 05 101 Rainbow Hotel Observation Tower 3.3 Architectural Peer Review Panel Comments: The City's Tourism Policy Review Implementation Handbook states: "Areas such as drop -off areas where pedestrians and vehicles mix should be integrated within the architectural solutions, etc The panel finds that the Rainbow Hotel concept does not follow these guidelines. However, given the restricted site and problems with intruding into leased space, the solution proposed by the proponent has been approved by the City of Niagara Falls Traffic and Parking Services and is therefore acceptable to the Architectural Peer Review Panel. The layout and extent of the sidewalk and adjacent landscaping will need to be reviewed by the Architectural Peer Review Panel before the Site Plan Approval stage. The U.D. Manual calls for a 4- storey podium base with tower setback. In this particular circumstance the building is flanked by a 4 storey masonry and a 23 storey curtain wall building which create, in essence, the streetwall scale along Falls Avenue and each provide pedestrian protection through canopies. The podium design needs to be resolved, with greater emphasis on the design and textural context of the adjoining properties and the relationship between the tower and the podium which, as presented, appear as separate entities. It also appears from the submitted drawings that the proponent intends to express the columns and wind bracing elements of the structure as opposed to providing a podium to the project which relates more to a pedestrian scale design as required under OP 4- 4 -7(b). 3.4 ADDITIONAL INFORMATION REQUIRED FOR SITE PLAN APPROVAL Provide pedestrian flow analysis (diagrams) to illustrate patterns and destinations both interior and exterior. Provide street elevation including detail of materiality and architectural features of adjacent buildings. Architectural Peer Review Reference No- 05 -101 Rainbow Hotel Observation Tower 3.5 RECOMMENDATION Maintain continuity of pedestrian sidewalk; Clarify destinations and anticipate queing and hours of operation. Reconsider design from mechanical level to grade with greater clarity of integration between podium and tower. 4.0 Principle 2 Public Realm at Grade 4.1 Achieve an upgraded pedestrian environment through high quality streetscape, planting and furniture, and signage. 4.2 Relevant O.P. Requirements 4.3.1„ 4.3.5, 4.3.8, 4.3.10, 4.3.11., 4.3.15., 4.4.6 4.3 Architectural Peer Review Panel Comments: The landscape quality of the outdoor terrace areas of the tower and that of the streetscape are not addressed in the application and will need to be articulated. The exhibits in the submission concentrate on the specific architecture of the hotel and tower with little information on the proposed treatment at street level. 4.4 ADDITIONAL INFORMATION REQUIRED FOR SITE PLAN APPROVAL Landscape plans are required for street level and the exterior courtyards at the Restaurant Mezzanine level, the patio at the 24 level restaurant and at the 48 level roof terrace. The proponent must accommodate pedestrian flow at peak times along Falls Avenue adjacent to this building. A landscape design study is required to determine the impact on increased pedestrian flow. .14 Architectural Peer Review Reference No- 05 -101 Rainbow Hotel Observation Tower 4.5 RECOMMENDATION At street level, provide a consistent and continuous streetscape which extends the full length of the block including Rainbow Tower and adjacent buildings. 5.0 Principle 3 The Sky View 5.1 Maximize sky, light and air transparency by building buildings with adequate spacing and mass, and mitigate shadow and blocking light and air penetration avoid a feeling of a wall of development. It is the view of the composition of buildings from all sides. 5.2 Relevant O.P. Requirements 4.4.6., 4.4.7., 4.6.9. 5.3 Architectural Peer Review Panel Comments: The location of the hotel and tower is such that it has a minimum effect on adjoining buildings. The space between the proposed tower and the 11 storey upper portion of the adjoining Skyline Brock Hotel, is a minimum of 14m., and the space between the proposed hotel and the adjoining 23 storey Sheraton (Foxhead) Hotel is in excess of 35m. The A.P.R. panel regards this as satisfactory in view of the proposed height to width ratio of 5 to 1 which provides adequate air space and sky views. The width of the hotel facing Falls Avenue, above 15 storeys is 43m which exceeds the T.A.D. Guide by 3m. However, the design of the hotel is such that the visual impact of the additional 3m is minimized by the receding angled facade above the 23rd floor level which coincides with the height of the adjoining Sheraton (Foxhead) Hotel. The combined width of the hotel and tower is almost 53m. As presently designed the hotel and tower are one contiguous entity and above 15 storeys the width exceeds the T.A.D. guide by 13m. While the A.P.R. panel regards the hotel width as acceptable, we do not find the combined width of hotel and tower to be so. The tower portion needs to be much more clearly articulated as an Icon Tower, ....15 Architectural Peer Review Reference No- 05 -101 Rainbow Hotel Observation Tower this requires amending the architectural design of the tower so that it is clearly seen as a tower linked to the hotel and not an integral part of the visual massing of the hotel. 5.4 ADDITIONAL INFORMATION REQUIRED FOR SITE PLAN APPROVAL Revised plan and elevation showing proposed method of delineating separation of hotel and icon tower. 6.0 Principle 4 Skyline Height Principle 6.1. The official plans set the maximum height at 30 storeys. The principles of positive base building and skyline apply equally to a building of less than 30 storeys as they do to buildings of more than 30 storeys. The taller the building, the greater the civic emphasis on slenderness as a requirement should be. Diversity of height can be achieved provided it is shaped or located in a way that warrants the height within the Tourist District. 6.2 Relevant O.P. Requirements 4.1.23., 4.1.24., 4.4.1., 4.4.2., 4.4.3., 4.4.4., 4.4.5., 4.4.6., 4.4.7., 4.4.8., 4.6.9. 6.3 Architectural Peer Review Panel Comments: Although the design exceeds the OP Limit of 30 storeys the A.P.R. panel does not view the height of the hotel and observation tower as a serious problem on this particular site. Principle 4 of the Tourism Policy Review Implementation Handbook (page 31) states: "The taller the building, the greater the civic emphasis on slenderness as a requirement should be." The panel is of the opinion that the height of the hotel and tower is justified on the grounds that the tower replaces an existing observation tower which, we are informed, is obsolete and dysfunctional. (See appendix 'C') It is the opinion of the A.P.R. panel that the height of the proposed observation tower is justified since the existing Casino (Kodak) tower was (not presently operational) too low to ..../6 Architectural Peer Review Reference No- 05 -101 Rainbow Hotel Observation Tower provide adequate views from the Falls and has to be regarded as obsolete. The form of the new hotel and tower provide the recommended slenderness properties when viewed from all sides. In addition, when viewed within its surrounding context, the height provides diversity of height and interest in relationship to the 23 storey Sheraton Hotel to the south and the 11 storey Brock Hotel to the north. This is similar to the diversity of height as proposed for the Hilton Hotel project. Principle 4 requires the tallest buildings to be located generally within the core of the Tourist District and that there should be a stepping down towards the escarpment and Queen Victoria Park, so as to minimize the shadow impact on the park and the residential neighbourhood to the west. None of these criteria is affected by the proposed development. The existing site conditions already have an adjacent 23 storey hotel on the perimeter of the Tourist District as well as an icon observation tower. However, there are further factors which need to be evaluated. Under section 11 of the I.B.I. Niagara Falls Tourism District Urban Design Study (page 22), the question is raised as to the adequacy of the O.P. with regard to the massing of buildings and the icon status of existing towers to which the answer is "NO The report goes on to state that the O.P. should be amended to better reflect the fact that "of the three towers, the Skylon remains the most viable of these to be protected and retained as a corporate municipal objective Under paragraph 4 it proffers the questions "What consideration should be given to the replacement of viewing towers with alternative buildings or structures? The question is answered by the statement "not at this time The A.P.R. panel supports the intent of the above study and the O.P. section 4.1.23, but the present reality of the situation is that the Casino (Kodak) Tower is obsolete, partly because its principal view of the Falls is obscured by the 23 storey Sheraton (Foxhead) Hotel. The replacement of the Casino (Kodak) Tower by the Rainbow Hotel Observation Tower keeps the intent of O.P. 4.1.23. 7.0 Principle 5 Niagara FallsView and Vistas 7.1 Enhance the visual connections to the features of the Falls and across the borders and other environmental amenities. Avoid obstructing the valuable views and creating new ones. ....17 Architectural Peer Review Reference No- 05 -101 Rainbow Hotel Observation Tower 7.2 Relevant O.P. Requirements 4.1.23., 4.1.24. 7.3 Architectural Peer Review Panel Comments: The iconic form of the hotel and tower seen from the New York side of the Niagara River will provide, with minor adjustment, an attractive element within the Niagara Falls skyline. As identified in OPA 26, Policy 4.1.23, "the skyline of Niagara Falls is to continue to be characterized by the three existing viewing towers," that includes the Casino (Kodak) Tower as part of the Skylon, Minolta and Casino (Kodak) Tower triumvirate. The Implementation Handbook refers only to the special treatment of the Skylon due to the fact that the other towers have either been obscured, taken out of service or otherwise eliminated from significance on the skyline. The proposed design references the "lost" Casino (Kodak) Tower in the articulation of a "Tower Shaft" on the north side which extends up from the street level culminating in an observation pod above the body of the building. The recognition of the tower as an important icon in the cityscape reinstates the validity of the "three towers" by rendering its importance in the new city scale of Niagara Falls. While the intent is there, the design, as shown, will require further design refinement to clarify and positively separate the tower elements from the main building mass and by making a stronger top element. See also Section 5 above. While the "night view" renderings show the tower as distinct from the building mass, the day views and elevations do not clearly communicate the iconic intent. 7.4 RECOMMENDATIONS The above statements apply to the possible replacement of the Casino (Kodak) Tower by the Rainbow Hotel Tower. ..../8 Architectural Peer Review Reference No- 05 -101 Rainbow Hotel Observation Tower 8.0 Principle 6 Positive Micro Climate 8.1 Implement design measures that will maximize comfort, enjoyment of the public realm, and minimize impacts on adjacent properties through shadow, wind and snow. Consider pedestrian criteria, for sitting, standing and walking. 8.2 Relevant O.P. Requirements 4.4.2., 4.4.5. 8.3 Architectural Peer Review Panel Comments: The proposed hotel and tower will have minimal effect on the micro climate of the area. The Theakston Environmental Report states that during prevailing wind condition from the south west "we do not expect the Rainbow Plaza Hotel to make significant contribution to pedestrian level winds anticipated along Falls Avenue The report states similar conditions will exist for other wind directions. However the report does express some concern regarding occasional windy conditions in the laneway between the proposed development and the Brock Hotel. The sun /shadow diagrams presented by the proponents architect show that for most of the time the shadow from the proposed development will fall within the proponents property. The exceptions being the 21 March, 21 June, 21 September the shadow at 4 pm will fall across the Customs Office at the end of the Rainbow Bridge. Victoria Park will not be affected by the proposed development either by changed wind conditions or from shadows. 9.0 Principle 7 Parking and Circulation 9.1 Allow less intrusive parking solutions that increase the convenience of the Tourist District; and implement services that reduce automobile circulation at and around the Falls and Queen Victoria Park. ..../9 Architectural Peer Review Reference No- 05 -101 Rainbow Hotel Observation Tower 9.2 Relevant O.P. Requirements 4.5.1., 4.5.3. 9.3 Architectural Peer Review Panel Comments: Parking is provided in the adjacent covered landscaped parking structure to the north west of the hotel. The parking study prepared by Synectics dated January 28 2005 indicates that upon completion of the Rainbow Hotel there will still be a surplus of parking spaces within the parking structure. See other comments by A.P.R. panel under section 3 above. 10.00 BUILDING MATERIALS Details of the building material to be used on the fenestration of the hotel above the podium level are satisfactory to the Architectural Peer Review Panel. The fenestration materials for the podium will need to be reviewed at the Site Plan approval stage. See appendix 'D' 11.0 SECTION 37 Under Part 2 Policy 4.4.4, "in approving zoning by -law amendments permitting increases in building heights, Council shall authorize the use of section 37 of the Planning Act and enter into legal agreements under that section to ensure all street frontages are improved including sidewalks, the planting of street trees, the provision of street furniture and the provision of landscape open space." Under Part 4 Policy 4.5.1 of the Official Plan, "Council may pass a by -law in accordance with Section 37 of the Planning Act to establish increases in height and or density of development in return for the provision of certain facilities, services or matters. Such a by -law would specify the amount by which the height and or density would be permitted to increase in exchange for benefits set out in the Official Plan ..../10 Architectural Peer Review Reference No- 05 -101 Rainbow Hotel Observation Tower Use Section 37 to secure and /or coordinate: Full streetscape improvements as noted in item 4, Principle 2. Other items to be determined. The Peer Review Panel Jamie Douglas, David Hastings, Trevor Garwood -Jones Trevor P. Garwood -Jones Acting Chair C.C. Jamie Douglas David Hastings PART 2 BODY OF THE AMENDMENT APPENDIX 2 All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 61 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The referenced "Subject Property" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. 61" shall be identified as "Subject to Policy 4.6.11 c)" on Figure 4 of Part 2, Section 4 Tourist Commercial of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 4 TOURIST COMMERCIAL, is hereby amended by adding the following new subsection: 4.6.11 c) Notwithstanding the provisions of PART 2, sections 4.1.23 and 4.4.3 and further to the provisions of PART 2, section 4.4.4 and PART 4, section 4.5.1, Council may pass a by -law to permit a development on a 0.2 hectare site on the north side of Falls Avenue between Clifton Hill and Bender Hill, consisting of one combined hotel and observation tower to a maximum building height of 230 metres, including observation levels and ancillary uses normally associated with the hotel, and a gross building area not exceeding 61,771 square metres. Subject to this specific development policy, the following services, facilities and matters shall be provided under an agreement pursuant to section 37 of the Planning Act for any portion of the building in excess of 30 storeys: i) the contribution of facilities and/or cash to the City, in the amount based on the cost of construction per square metre X the area of each floor capable of being occupied above 30 storeys X 5 to be used for the capital facilities of one or more of the following projects as determined by Council that are beyond those that would otherwise be provided under the provisions of the Planning Act or the Development Charges Act: Approved arena project Projects approved under a Master Community Improvement Plan such as the Downtown Arts Centre project Millennium Trail project Hydro Corridor trail and buffering project ii) the provision of an architectural design for both the hotel and observation tower including, but not limited to, surface articulation, exterior materials, roof structure, pedestrian-scale uses, and design of the public realm satisfactory to the Architectural Peer Review Panel and the Director of Planning and Development. -2- Such services, matters and facilities shall be described in the implementing zoning by -law and secured through appropriate legal agreements executed under section 37 of the Planning Act to the satisfaction of the City prior to the passing of the implementing zoning by -law. In order to provide for the implementation of these policies, the section 37 agreement and the site plan agreement shall be executed by the applicant and be ready for registration on title by the City Solicitor prior to the passage of the amending zoning by -law. Subject Land Proposed Change to Add: MAP 1 TO AMENDMENT NO. FIGURE 4, PART 2, SECTION 4 TO THE OFFICIAL PLAN High Rise Low Rise Medium Rise K \GI.S RequestsLO05\Schedule\zo ingAM AM-03■napping..apr Policy 4.6.11(c) City of Niagara Falls Official Plan s 1:NTS AM- 03/2005 Apd12005 Ministry of Ministare dos Transportation Transports Phone: (416) 235 -4276 Fax: (416) 235-4267 Andrew Bryce Planner City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 RE: Application No: AM-03/2005 Applicant: Canadian Niagara Hotels 5105 Falls Avenue City of Niagara Falls Regional Municipality of Niagara Dear Mr. Bryce: Yours truly, Kevin DeVos, C.E.T. Project Manager Ontario Central Region Corridor Management Section 7th Floor, Atrium Tower 1201 Wilson Avenue Downsview, Ontario M3M 138 I/GLE2Ks P8- March 2, 2005 (fax only 905 356 -2354) The ministry has completed its review of the above proposed official plan and zoning by -law applications. These applications have been considered and reviewed in accordance with the requirements of the Public Transportation and Highway Improvement Act and the ministry's controlled access highway policy Please find below the following comments. The subject lands are located outside of the ministry's permit control area, The ministry has no comments or concerns at this time. If you have any questions regarding these comments or permit requirements please contact me at time. Planning Ana: 7 tN Scanned RECEIVED MAR 22005 PLANNING DEVELOPMENT alp Planning Sunned File: ZDNIN tic (sus 0$. a-yn-r, -ems -i v i ein rcm-iet LSE 3/H ,2/4-12/3 6 74d 6 genalaP r R /90 a al *AY 9 t 4s- �e rc� fats CLAda C t vat 47/Z-e, r 3 4 5 RECEIVED MAY 2 2005 PLANNING DEVELOPMENT P 1L k /6 ,qpR o5 1-m 6-i j, .-4-4 -ems. a-4 �-A- -e l Sot goo 2 I r! itAkt p,,t, -c, ?-kx a g a4 1-€10-14/ r al p, l i t ew/L€ s fitbe wi, Pictii SI /4- fo-cri I Od-oeitArl Ar t 7/70 dwat vk.pa_p ccr, a Th.. r ;f, F /4� _,e,g M6 4 rt- 14, Cab e 444P sn. atol, era �vc� ,e1/41e14,1 oitt 7(7 4 cga r r -Q.-E1 rye- 1 7 -e/v/ 4 Q ce-4 c6, ..,,rtes- t <34-L-oi a4 P cvkivki g 4-4 c.cvA V &41- etite_et. „AAJA.. A-rti 1-lyt_ 44, ceit oa pcIAAL 4 all 1/4/21444-eir deu LA.-e-ia, %/1-tAt4A-QA w,77 l ads Ai-e,“, p144-toidt /0-1 p 44A-14 at C14141 c ri -4 Mbi -et-fir eo4-4P4 ty 4. c, 14, "c-L-9k et-ePtAni Ara" p �e yh✓�7tt- �-vr 9 i 51At m -A11 7 (705 a- ei) An agency oldie Government of Ontario since MI5 Jim Williams Chairman Niagara Parks 1 +1 Mr. Doug Darbyson Director of Planning City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: RE: AM- 03/2005 PROPOSED 48 STOREY HOTEL, FALLS AVENUE PROPOSED RAINBOW HOTEL Engineering Phone: 905/356 -2241, ext. 216 Fax: 905/356 -7262 E -Mail: npceng ©niagaraparks.com Yours truly, May 2, 2005 According to the developers' engineering consultant reports, the proposed Rainbow Hotel development will not have any adverse climatic effects on Niagara Parks Commission lands with respect to wind or shadows. The Commission staff however shares the concerns put forward by both the Regional Municipality of Niagara and the Architectural Peer Review regarding parking, the existing infrastructure as well as vehicular and pedestrian traffic along Falls Avenue both during the construction phase and once the building is operational. Further study and review of these concerns combined with positive solutions to alleviate future outlined problems are required. The Commissioners have not yet seen the proposal or considered these comments. I will advise them at their May 18 meeting and forward any additional comments they may have at that time. Dave Gillis, MCIP, RPP /cr Manager Planning Properties THE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niagaraparks.com RECEIVED MAY 2 2005 PLANNING DEVELOPMENT John Kernahan General Manager The City of Niagara Fall Canada Members: RECOMMENDATION: It is recommended that Council: BACKGROUND: Corporate Services Department PD- 2005 -29 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario May 16, 2005 Re: PD- 2005 -29, Zoning By -law Amendment Application AM- 05/2005, 5685 5705 Falls Ave, 4608 4800 Bender St 4915 Clifton Hill Applicants: 1032514 Ontario Ltd.; 1006092 Ontario Ltd.; Canadian Niagara Hotels Inc.; Greenberg International Inc.; Maple Leaf Entertainment Inc. Proposed Waterpark and Enclosed Pedestrian Bridges 1) approve the requested Zoning By -law amendment to increase the permitted building height to accommodate a waterpark and various enclosed pedestrian bridges; and 2) pass the by -law on tonight's agenda to implement the above recommendation. Canadian Niagara Hotels et al have requested an amendment to By -law Nos. 5335, 1955 and 79 -200 for the lands known as 4608 and 4800 Bender Street, 5685 and 5705 Falls Avenue, and 4915 Clifton Hill as shown on Schedule 1. The amendment is requested to permit the following: an increase in building height from 15.8 metres (52 feet), as approved by the Committee of Adjustment, to 41.7 metres (137 feet) to accommodate a waterpark, for exclusive use by hotel guests. The waterpark is proposed on top of the parking garage structure located toward the rear of 4800 Bender Street immediately behind the Skyline Brock Hotel; and an increase in building height from 10.7 metres (35 feet) to 36.1 metres (118.5 feet) to accommodate a series of enclosed pedestrian bridges from the Skyline Brock Hotel, the Sheraton on the Falls Hotel and the Skyline Inn to the proposed waterpark. The proposed waterpark and enclosed pedestrian bridges are identified on Schedule 2. The land is zoned Tourist Commercial (TC) under Zoning By -law No. 79 -200 and Commercial One (Cl) and Industrial One (I1) under By -law No. 5335, 1955. Site specific provisions are requested to be applied to the lands to permit the additional heights requested. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 16, 2005 PD- 2005 -29 Surrounding Land Uses The lands abut tourist commercial uses lining Victoria Avenue and Clifton Hill to the north and west, commercial uses and Newman Hill to the north east and Queen Victoria Park, Oakes Garden and Bridge Commission lands to the south and southeast. Circulation Comments Regional Municipality of Niagara Municipal Works Parks, Recreation Culture Fire Department Planning Analysis The proposed waterpark and walkways are accessory uses to the existing hotels that would provide an additional attraction for guests and strengthen this tourist area. Regional Planning staff has no objections. No concerns from a traffic services viewpoint. Ongoing monitoring of underground services is continuing to ensure there is sufficient capacity to accommodate future developments. Municipal Works staff indicates there are no issues with water and stormwater services. No objections to the requested relief. Development subject to the City's 2% cash-in-lieu of parkland dedication per Council's policy. No objections. 1. The proposed waterpark complies with the applicable design criteria set out in the Official Plan. The land is designated Tourist Commercial under the Official Plan. The Official Plan requires new tourist developments, over four storeys in height, to conform to a series of built form regulations. These regulations call for designs that add distinct and interesting features to the skyline, building setbacks from any abutting street above the podium level and the avoidance of negative impacts on the pedestrian sidewalk environment. Building mass above the fourth floor is to be reduced to ensure a solid wall of development is not being developed. Any proposal taller than the equivalent of a 10- storey building is subject to review by the Architectural Peer Review panel to ensure projects comply with the City's built form guidelines and achieve architectural excellence. The Architectural Peer Review panel has completed their review of the proposed waterpark, noting that it complies with all applicable design guidelines as follows: Given the large setbacks from nearby streets, screening of the development from Falls Avenue by existing and proposed hotels and the moderate height of the waterpark, the development meets the intent of the Tourist Area Implementation Handbook with regard to not having any adverse impacts on public streets or adjoining properties and not encroaching on the views of other land owners. May 16, 2005 3 PD- 2005 -29 The addition of a domed roof, featuring a colourful striped roof membrane, will contribute to the skyline by adding a festive feature on top of what has been a rather unattractive view of the west and east elevations of the existing parking garage. The proposed waterpark is not adjacent to and does not impact on any public sidewalks. In addition, a microclimate assessment brief was prepared by the applicant's consultants to ensure the development did not create any adverse environmental conditions for pedestrians. The brief indicated the garage is removed from areas of significant pedestrian activity. In addition, the porous nature of the parking garage would deflect and mitigate any winds directed over the waterpark from the ground level. The study concludes that no significant impacts are anticipated and no mitigation is necessary. 2. The proposal complies with all other aspects of the Official Plan. The lands are designated Tourist Commercial under the Official Plan and part of the Clifton Hill subdistrict. Hotels and ancillary uses and structures such as the waterpark and the walkways are permitted uses. The waterpark and walkway structures are well within the heights contemplated in the Official Plan for this site. The walkways, by their very nature, are structures with very limited massing. This characteristic, along with the ample setbacks from adjacent properties and the screening provided by the hotels along Falls Avenue, ensure the walkways do not impact on adjacent lands. The walkways will improve on -site pedestrian circulation and will reduce conflicts between pedestrian and vehicular traffic. The waterpark was originally contemplated for the roof of the conference centre adjacent to the Sheraton by the Falls, near Clifton Hill. The subject location is more desirable than the original site as it is located further away from the adjacent properties, thereby further mitigating any visual impacts. The waterpark will help to add to the entertainment and tourist attraction uses contemplated in the Clifton Hill subdistrict. 3. The requested zoning is appropriate. Most of the lands are zoned Cl and It under By -law No. 5335,1995. A small portion of the waterpark would encroach onto the property known as 4608 Bender Hill (Planet Hollywood) which is zoned TC under By -law No. 79 -200. The zoning by -law on tonight's agenda site specifically amends both by -laws to permit the height increases necessary for the waterpark and the pedestrian walkways. To simplify the amending by -law: the six lots have been interpreted as being one lot for the purposes of permitting the waterpark and walkways. All standards affecting other buildings and structures remain unchanged; the heights are taken from a common geodetic elevation on Falls Avenue; and Schedule 2 attached to the By -law controls the locations where walkways may be located and ensures the dome shape of the waterpark will be developed. May 16, 2005 4 CONCLUSION: 1. The amendment can be supported for the following reasons: the proposals comply with the intent and purpose of the Official Plan. Andrew Bryce Planner 2 Recommended by: 44 /Le- Approved by r AB:pb Attach. PD- 2005 -29 the proposed waterpark has been satisfactorily reviewed by the Architectural Peer Review Panel for compliance with the relevant design criteria directed by the Official Plan and will add an attractive architectural feature to the City's skyline; and the walkways are set back sufficiently from adjacent lands and streets to mitigate any visual impacts. 2. The amending by -law on tonight's agenda will restrict the proposed walkways and waterpark to the locations proposed. Prepared: Respectfully submitted: k iboug Darbyson Director of Planning Development T. Ravenda Executive Director of Corporate Services S:\PDR\2005\PD2005 -29, AM -05 -05, CNHWaterPark.wpd eL( I ohn MacDonald Chief Administrative Officer SCHEDULE 1 LOCATION MAP Subject Land I Amending the Official Plan and Zoning By -law Nos. 79 -200 and 5335, 1955 Location: 4608 Bender St. 4800 Bender St. 5685 Falls Ave. 5705 Falls Ave. 4915 Clifton Hill K, \GI$ Requcs6\2005\ScF dules\zoningAMWM -05 \mapping.apr Applicant: 1032514 Ontario Limited 1006092 Ontario Limited Canadian Niagara Hotels Inc. Greenberg International Inc. Maple Leaf Entertainment Inc. AM- 05/2005 s I:NTS Apn11005 I P C: L ET 1 r=ra•••`"‘^c WAVE. 2.1 1.111 t 0=1121:1=3 PROPOSED NEW IWO, MDR PROPOSED NEW WATER PARK MIL VT_ Fla. OW•tlary H011a SITE PLAN CONTEXT PLAN =am 1 li/JMONDO BSSOCIATES maseLsr. A Mr plA SW•71.1511 PTO RFT. .PEA Cabilafn FM MI •&4 'C •AkInleT D D lee WART AS M. CODMDIrt nV I, L) LUUJ Y• LTI In NIA April 25, 2005 Mr. Andrew Bryce Planner II Planning Development Services City of Niagara Falls 4310 Queen St., PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application Proposed Waterpark, Canadian Niagara Hotels Falls Avenue, north of Clifton Hill City of Niagara Falls Your File No: AM- 05/2005 This application proposes a zoning amendment to permit the establishment of a waterpark on top of the parking garage structure. The waterpark would be for the exclusive use of hotel guests. A series of enclosed pedestrian bridges are also to be constructed to the waterpark from the three existing hotels and the future Rainbow Hotel, These lands are situated well within the Regional Urban Areas Boundaries and are designated "Tourist Commercial° by the Niagara Falls Official Plan. The Canadian Niagara Hotels complex which includes the original Casino Niagara acts as an anchor for the northern section of the Central Tourist District, The proposed waterpark and related pedestrian walkways would be accessory uses to the existing hotels. The proposed facilities, by providing an additional attraction for hotel guests, should strengthen this important tourism anchor and should support the City's tourism strategy of lengthening visitor stays and extending the tourism season. In conclusion, Regional Planning staff are not opposed to the adoption of the proposed zoning amendment. Yours truly, David Director of Planning Services tw2BLA- Waterpark -NF PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.0- Box 1042 Thorold, Ontario L2V 417 Telephone: 905 -984 -3630 Fax: 905 -641 -5208 E -mail: plan©regional.nlagara.on.ca c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. P. Gedge, CEO, NETCorp Mr. W. Stevens, Regional Public Works m y ty0( Alis Planning Scanns zotv ✓C R Ks File: D.10.M.11.23 RECEIVED APR 2 5 2005 PLANNING DEVELOPMENT The City of Niagara Fall Cana Members: RECOMMENDATION: It is recommended that Council: BACKGROUND: Corporate Services Department PD- 2005 -28 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @city niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario May 16, 2005 Re: PD- 2005 -28, Zoning By -law Amendment Application AM- 08/2005, 8921 Sodom Road Applicant: 289900 Ontario Ltd. /Joe Miszk Proposed: Rezoning of the Land to a Neighbourhood Commercial Zone Category to Permit the Expansion of the Existing Restaurant 1) approve the Zoning By -law amendment application to place the land under a site specific Neighbourhood Commercial zone and thereby permit an expansion to the existing restaurant; and 2) pass the amending by -law, included in tonight's agenda, to implement the above noted recommendation. 289900 Ontario Limited and Joe Miszk have requested an amendment to the Zoning By -law for a 0.62 hectare (1.5 acre) parcel of land known as 8911 to 8921 Sodom Road, as shown on Schedule 1. The amendment is requested to bring the whole of the land under a zone category consistent with the Official Plan and to permit a 360 square metre (3,877 sq. ft.) addition to the existing restaurant as shown on Schedule 2. The land is zoned Highway Commercial (HC) under By -law No. 395 (1966) with certain limitations on its use and how it is developed. The zoning is proposed to be changed to a site specific Neighbourhood Commercial (NC) zone under By -law No. 79 -200 to bring the zoning of the property into conformity with the Official Plan and permit the addition In addition, the existing and proposed building setbacks and landscaping are proposed to be recognized Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 16, 2005 2 PD- 2005 -28 A two -step process is being pursued with respect to the expansion of the restaurant. The first step involves the expansion of the restaurant and a minor expansion of the parking lot, all contained on the lands occupied by the existing restaurant. In the future, the applicant intends to apply for further amendments to allow the expansion of the parking area onto the property to the south (owned by the applicant). Surrounding Land Uses To the north and west of the land there are residential uses. A stormwater retention pond lies to the southwest and the Pat Cummings Park lies to the east. Rural residential and agricultural uses lie to the south. Circulation Comments Regional Municipality of Niagara Municipal Works No objections. Planning Analysis Betty's Restaurant is a well established use. The proposed zoning will bring the property into general conformity with the Official Plan. Regional Planning staff has no objections. 1. The requested zoning amendment complies with the intent of the Official Plan respecting non complying uses. The land is designated Residential under the Official Plan. The residential designation permits neighbourhood commercial centres with floor areas up to 929 square metres (10,000 sq. ft.) with a limited range of small -scale uses intended to serve the day to day needs of nearby residents. As the restaurant would have a total floor area of 1,482 square metres (15,957 sq. ft.) and serves a much larger market then the day to day needs of nearby residents, its scale is beyond that of a typical neighbourhood commercial development in a residential designation. However, the Official Plan has policies to allow for certain pre- existing uses to be recognized by by -law that do not comply with the Official Plan. Recognition or expansion of such uses is not to aggravate or impose a danger to abutting complying uses, or contribute to urban renewal problems. The proposed expansion complies with the non complying policies as follows: This property has been used for a significantly sized restaurant for a considerable length of time without any apparent impacts on surrounding uses. May 16, 2005 3 PD- 2005 -28 Under policies in place prior to the adoption of the current Official Plan, the restaurant was developed essentially in its current form, with minor additions added later. The expansion is relatively small (25% of the original floor area of the restaurant) and is occurring in a direction away from sensitive residential uses. The use is not of a type that would represent any hazard to abutting uses. The site is located on and accessed from Sodom Road, which is intended to accommodate significant levels of traffic Future desirable residential development is buffered from the property by a stormwater management pond and will not be interfered with by this expansion. The expansion is contained to lands already used for the restaurant and associated parking. The second step of the redevelopment of the property noted above involves the expansion of the use onto additional lands. This second step requires placing additional lands into a commercial zone category and therefore cannot be considered in compliance with the Official Plan. The applicant intends to pursue an Official Plan Amendment in the near future to address this further expansion and place the lands under a special Policy designation. 2. The proposed zoning amendment is appropriate. The land is zoned Highway Commercial (HC) under By -law No. 395, 1966. Commercial uses allowed or recognized under the Residential designation are zoned NC. Therefore, it is appropriate to place the lands under a NC zone in accordance with By -law No. 79 -200. Site specific provisions are included in the By -law appearing on Council's agenda to recognize the existing building setbacks (as permitted by the Committee of Adjustment in 1996) and to provide for landscaping along the west and south lot lines abutting the parking and between the building and Sodom Road. In addition, as the NC zone permits development with multiple uses with individual floor areas not exceeding 230 square metres (2,476 sq. ft.), a special clause has been added to permit a single use with a floor area of 1,482 square metres (15,957 sq. ft.). CONCLUSION: 1. The requested zoning amendment can be supported for the following reasons: it does not offend the Official Plan policies with respect to non complying uses; and the expansion of the restaurant away from residential uses should not increase impacts on abutting residential areas, create any safety issues or compromise the development of future complying issues. May 16, 2005 2. The amending zoning by -law on tonight's agenda will bring the property under a zoning category that better reflects its Official Plan designation and contains regulations that will restrict the restaurant to the proposed size and configuration. Prepay Andrew Bryce Planner 2 Recommended by: wr+ `Doug Darbyson Director of Planning Development AB:pb T. Ravenda Executive Director of Corporate Services S1PDR\2005\PD2005 -28, AM -08 -05, Joe Miszk.wpd 4 spectfully submi ted: ohn MacDonald Chief Administrative Officer PD- 2005 -28 Subject Land SCHEDULE 1 LOCATION MAP i Amending Zoning By -law No. 79 -200 Location: 8911 to 8921 Sodom Rd. Applicant: 289900 ONTARIO Ltd./Miszk Joseph K. \GIS Reaua¢\ 200ASchMula \zoningAMWM- 06Mappin&apr AM- 08/2005 N s i:NTS April 2005 a i m� ni 0 1 0 0 FLAN 51/ -228 fi SCHEDULE 2 SON r.' I 01- II n W J' LVVI I V•TVnni IILMIVn■11- iunrn,nV NIAGARA April 25, 2005 Mr. Andrew Bryce Planner II Planning Development Services City of Niagara Falls 4310 Queen St, PO Box 1023 Niagara Falls, ON L2E 6X5 Yours truly, tw/2BLA- Bettys -NF PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara M•A E6/45 k;;‘ 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905 984-3 Fax: 905 -641 -5208 E -mail: plan @regional.niagara.on.ca Dear Mr. Bryce: Re: Zoning By -law Amendment Application Expansion of Betty's Restaurant Sodom Road, south of Nassau Avenue City of Niagara Falls Your File No: AM -08/2005 s L David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Munidpality of Niagara Mr. W. Stevens, Regional Public Works �I. Planning .i/!� Seamed Ale: 20Id J&, ✓GLF&ks PJ File: D.10.M.11.23 This application proposes a rezoning to permit an addition to Betty's Restaurant. We understand that further applications will be submitted in the near future to expand the parking area. These lands are located within the Regional Urban Areas Boundaries and are designated "Residential° by the Niagara Falls Official Plan. The Residential policies of the City's Plan permit neighbourhood commercial uses and the proposed amendment to 'Neighbourhood Commercial (NC)" will bring the zoning of the property into conformity with the Official Plan. Betty's Restaurant is a well- established use and the proposed addition will facilitate intemal renovations to improve service to restaurant customers. In conclusion, Regional Planning staff have no objection to the adoption of the proposed zoning amendment. RECEIVED APR 2 5 2005 PLANNING DEVELOPMENT The City of Niagara Falb Cana His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: BACKGROUND: Corporate Services Department PD- 2005 -31 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning ©city.niagarafalls.on.ca May 16, 2005 Re: PD- 2005 -31, Zoning By -law Amendment Application AM- 09/2005, 3770 3980 Montrose Road River Realty (1976) Ltd. Proposed Expansion of Mount Carmel Shopping Centre 1) Council approve the Zoning By -law amendment application to increase the maximum gross leasable floor area permitted for the subject land from 11,580 square metres (200,000 sq. ft.) to 24,155 square metres (260,010 sq. ft.) and decrease the northerly side yard setback from 30 metres (98.4 ft) to 18 metres (59 ft.) in order to accommodate the proposed expansion; and 2) the amending by -law establish a maximum floor area cap for the supermarket and the Canadian Tire store as outlined in this report. River Realty (1976) Ltd. has requested an amendment to the Zoning By -law for lands known as 3770 and 3990 Montrose Road, totalling 11.6 hectares (28.8 acres) in area, shown on Schedule 1. The amendment is requested to permit the expansion of the existing shopping centre on the land, as shown on Schedule 2. The land is zoned Planning Shopping Centre Commercial (SC -255). The current zoning permits a maximum gross leaseable floor area (GLFA) of 18,580 square metres (200,000 sq. ft.). The maximum GLFA is proposed to be increased to 24,155 square metres (260,010 sq. ft.) to permit the proposed expansion. In addition, a reduction to the northerly side yard setback, from 30 metres (98.4 ft.) to 18 metres (59 ft.) is being sought to accommodate an expansion of the Canadian Tire store. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 16, 2005 2 PD- 2005 -31 Surrounding Land Uses The land is adjacent to the Queen Elizabeth Way to the east and commercial uses to the south. Single detached residential uses lie to the west while a mix of single detached and multiple residential uses lie to the north. Circulation Comments Regional Municipality of Niagara Fire Services Municipal Works Planning Analysis Staff is satisfied that the market studies conducted with respect to this commercial expansion meet the requirements of the Official Plan with respect to considering further expansions in this commercial district. There are no objections. No objections. No objections. Matters such as drainage and grading to be addressed through site plan control. Ministry of Transportation A traffic study indicating existing and future projected traffic volumes and patterns is required to the satisfaction of the MTO at the site plan approval stage. A detailed stormwater management plan is required to the satisfaction of the MTO at the site plan approval stage. All necessary permits for buildings, signs and stormwater management facilities are to be provided prior to construction. Buildings, structures, fire routes, parking and stormwater facilities are to conform to the required MTO setbacks. 1. The proposed expansion is within the intent and purpose of the Official Plan. The lands are designated Major Commercial and identified as being part of the Northwest Retail District by the Official Plan. This district is intended to provide a full range of retail and commercial outlets to recapture expenditures flowing out of the City. A shopping centre Use Existing Floor Area (Square Feet, approx) Proposed Addition (Square Feet, approx) Total (Square Feet, approx) A P Supermarket 40,000 10,000 50,000 Canadian Tire 57,000 34,000 91,000 Specialty Department. Store Type Merchandise (DSTM) 41,000 17,000 58,000 Other Floor Space 61,000 61,000 TOTAL 199,000 61,000 260,000 May 16, 2005 3 is permitted on the lands up to a maximum floor area of 18,850 square metres (200,000 sq. ft.) to anchor this commercial district. Increases up to 24,154 square metres (260,000 sq. ft.) are permitted when warranted by the market. Major Commercial areas are to have high quality aesthetics and landscaping and are to be adequately buffered from any adjacent residential uses. The existing and proposed floor areas are set out as follows: The applicant has submitted a market justification report, prepared by Randy Grimes of the IBI Group, to support the requested expansion. Due to the applications Council has received dealing with expansions of the Niagara Square and Morrison/Dorchester retail districts, the City had a Peer Review of this report completed by Joseph Urban Consultants. The two reports looked at what floor area expansion the market could support for the years 2006 and 2011. According to the market consultants, an acceptable level of expenditure for maintaining a healthy business climate is $450 per square foot per annum for a super market, $225 per square foot per annum for Specialty DTSM and $200 -$225 per square foot for Tires, Batteries and Accessories and Home and Auto Supply (TBA) which includes Canadian Tire. New floor area supply and demand is summarized as follows: i) Supermarket Floor Space PD-2005-31 11,612 square metres (125,000 sq. ft.) of new supermarket floor space is potentially supportable by the market for the year 2006 and includes the new Zehr's development, development on the City -owned lands north of Niagara Square and the A &P expansion on the subject lands. These developments and existing supermarkets would generate expenditures of $492 per square foot per annum, a healthy return. ii) Specialty DSTM A total of 32,422 square metres (349,000 sq. ft.) of new Special DSTM floor space is potentially supportable by the market for the year 2006. 3,623 square metres (39,000 sq. ft.) is allocated to Mount Carmel Centre, in excess of the amount of floor space May 16, 2005 PD- 2005 -31 being sought for approval. These developments and existing specialty DSTM would generate expenditures of $224 per square foot per annum, again, a healthy return. iii) TBA Stores The Canadian Tire store on the subject lands is the only such store proposed for expansion in the City. Using the benchmark expenditure levels outlined above, future growth would generate a need of between 1,394 square metres to 2,787 square metre (15,000 to 30,000 sq. ft.) of new floor space for the year 2006 and between 2,973 square metre and 4,366 square metre (2,000 to 47,000 sq. ft.) of new floor space for 2011. The above noted figures indicate that there exists adequate market potential in the City for further supermarket and specialty DSTM retail space. Although the 3,205 square metre (34,500 sq. ft.) expansion proposed for the Canadian Tire store appears to be larger than what the market can support in the year 2006, the Joseph Urban Consultant's report concludes that the original analysis done was conservative and the actual performance levels would be satisfactory for retail planning purposes. The peer review of the market satisfaction report fully supports the position there is sufficient market support for the expansion of the Mount Carmel Shopping Centre. Planning Staff is satisfied that the Official Plan intent with respect to demonstrating sufficient market for the expansion is met. Mount Carmel Centre has been developed with generous landscape strips to buffer adjacent areas and to provide for a pleasing streetscape along Montrose Road. The high aesthetic quality sought by the Official Plan will still be maintained with the new expansions. 2. The requested zoning amendment is appropriate. The lands are zoned SC -255. Amendments to this site specific zoning are being sought to permit an increase in the maximum floor area from 18,850 square metres (200,000 sq. ft.) to 24,155 square metres (260,010 sq. ft.), which is the maximum permitted by the Official Plan with the appropriate market justification. In addition, the maximum floor area per use of 6,121 square metres (65,888 sq. ft.) will be increased to permit the Canadian Tire expansion. To ensure the plaza is developed in accordance with the market justification findings, it is recommended that the maximum floor areas of the Canadian Tire Store and the supermarket be capped at 8,410 sq. m (90,500 sq. ft.) and 4,650 sq. m (50,000 sq. ft.) respectively. A reduction in the northerly side yard setback from 30 metres (98.4 ft.) to 18 metres (60 ft.) is also being sought to accommodate the Canadian Tire expansion. This expansion is occurring on a sodded area between this building and a delivery access driveway. The new side yard is consistent with the required standard for developments in the SC zone and provides adequate setbacks from adjacent residential properties. Traffic on the access driveway would likely have more of an impact on abutting residential uses than activities in an enlarged and enclosed building. The location of this driveway is not affected by this expansion. To ensure residential uses are not impacted, additional landscaping and buffering should be considered at the site plan approval stage. May 16, 2005 5 PD- 2005 -31 At the site plan approval stage the applicant will need to satisfy the requirements of the Ministry of Transportation with respect to the traffic study and stormwater management analysis, prior to approval of plans. CONCLUSION: 1. The requested zoning amendment can be supported. The amendment is within the intent and purpose of the City's Official Plan. The applicant has satisfactorily demonstrated that there is an adequate market for the proposed expansion of the Mount Carmel Centre without compromising other existing and proposed developments. The reduced side yard will have no adverse impact on the abutting residences. 2. The zoning amendment will increase the total floor area cap to 24,155 square metres (260,000 sq. ft.) and will control the size of the Canadian Tire Store and A &P Supermarket stores and will implement the requested northerly side yard reduction. 3. Issues with respect to traffic, stormwater management and buffering will be dealt with through the Site Plan approval process. Prepared by: nr_ Andrew Bryce Planner 2 Recommended by: Approved by: /Doug Darbyson 0 Director of Planning Development dknov T. Ravenda Executive Director of Corporate Services AB:pb S:\PDR\2005WD2005 -31 AM -9 -05, ExpansionofMountCarmelShopCentre .wpd Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. Location: 3770 and 3930 Montrose Rd. Applicant: River Realty Development (1976) Inc. K \GIS koqurstst2005\ SchedulcskoningAMUM -09\mappingapr 79 -200 AM- 09/2005 N s I:NTS April 2005 10.0e0 Onflva VS Ka 1 Z 1 1 1 Z 1 4 i 1 1 1 Onr161.1 1 II il 11 ji I ill ill F el /II .1 i:l y ill ill 51 1 l 1 1 H i Il 1 Jh I Il t i h 1 lii i Ili i ill I i T H O R O L D STONE ROAD SCHEDULE 2 13O F O. OW 1 Areas of Building Expansion are Shaded f4 1 RECEIVED LEGAL DESCRIPTION SITE STATISTICS nV I. LL. LVV7 I.7I r April 22, 2005 Dear Mr. Bryce: nLU Lynn'. I Lnirn 1 nU Mr. Andrew Bryce Planner II Planning Development Services City of Niagara Falls 4310 Queen St, 2 Floor Niagara Falls, ON l2E 6X5 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 Re: Zoning By -law Amendment Application Expansion of Mount Carmel Shopping Centre Montrose Road, north of Thorold Stone Road City of Niagara Falls Your File No: AM- 09/2005 File: D.10.M.11.23 RECEIVED APR 2 2 2005 PLANNING DEVELOPMENT This application proposes a rezoning to permit an increase in the maximum gross leasable floor area in the Mount Carmel Shopping Centre from 18,580 square metres (200,000 square feet) to 24,155 square metres (260,000 square feet). The proposed increases will involve expansions of the Canadian Tire store by 3,160 square metres (34,000 square feet), the supermarket by 930 square metres (10,000 square feet) and other commercial and retail space by 1,486 square metres (16,000 square feet). The Mount Carmel Shopping Centre is located within the Regional Urban Areas Boundaries and is designated "Major Commercial" by the Niagara Falls Official Plan. The "Major Commercial" policies of the City's Plan identify the Mount Carmel Centre as being within the Northwest Retail District and permit a maximum gross leasable area of 18,580 square metres (200,000 square feet) for the initial phase of the Centre. The policies allow an expansion of the centre to 24,154 square metres (260,000 square feet) of floor space when the expansion is warranted by the market. The proposed rezoning would allow an expansion of the Mount Carmel Centre to the maximum permitted by the Official Plan. A market opinion brief dated December 23, 2004 was prepared by the IBI Group to support the proposed rezoning. This market brief was based in large part on a more comprehensive study prepared by Joseph Urban Consultants for the City. The IBI brief provided market opinions rather than any original research. Joseph Consultants conducted a peer review of the IBI brief and raised some issues, primarily related to a proposed relocation of the Zehr's Supermarket in the Adams Centre. The 1131 Group MO/ Ib)LS Planning Scanned File: ZAN l N Q$ 2lCS 174 hV LL. LVV7 I .7Li In I \LVL V1rnL 1 Lnnn II 2 provided a response dated February 28, 2005 which seemed to address the issues raise by Joseph Consultants. On this basis, it would appear that the Official Plan requirements for the expansion of the Mount Carmel Centre have been satisfied. In conclusion, Regional Planning staff have no objection to the adoption of a zoning amendment to permit additional retail space. Furthermore, the site plan showing the location of the proposed building additions is acceptable. Yours truly, David J. Farley Director of Planning Services c, Councillor W. Smeaton, Regional Municipality of Niagara Mr. W. Stevens, Regional Public Works tw2BLA -Mount Carmel -NF W J GJJ YLV TRRNSPO.RTIM0NI 1 NIT SP0RfS To: From: Graham Routledge liVl \I\1✓VI I'IM1 YM4LI' II-I \1 Central Region Corridor Management Office 7th Floor, Building D 1201 Wilson Avenue Downsview, Ontario, M3M 1J8 FAX TRANSNIISSJON COVER SHEET Doug Darbyson Dale: 29 April 2005 Company: City of Niagara Falls, Planning and Development Department Fax: (905) 356 -9083 Phone: Fax: E -mail: (416) 235-4256 (416) 235-4267 grahamsoutledge@mto.gov.on.ca Re: Your File No. AM- 09/2005, 3770 and 3930 Montrose Road YOU SHOULD RECEIVE 2 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 416- 235 -5385. I Iy4L 411 0.7 ONTWO C LE&KS b4r'3/201db 14:1d 41b 2db -42b( Ministry of Mlnlatere des Transportation Transports Phone: (416) 235-4256 Fax; (416) 235 -4267 E- mail; graham.routledge mto.gov.on.ca City of Niagara Falls Planning and Development Department City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Dour Darbvson, Director of Planning and Development Dear Mr. Darbyson: UUKKIVUN MHNf(tMtN1 April 29, 2005 Ontario Central Region Corridor Management Section 7 Floor, Bldg. D 1201 Wilson Avenue Downsview, Ontario M3M 138 Your File: AM- 09/2005 KHUt tZfUJ 7,- f Flle' ZDl41N yak kw PEG. RECEIVED MAY 2 2005 PLANNING DEVELOPMENT Re: 3770 and 3930 Montrose Road, River Realty Development, Amending Zoning By -Law No. 79 -200, Part of Stamford Township Lots 62 and '71, City of Niagara Falls. We have completed our review of this Amendment and offer the following comments. The applicant must submit a detailed stormwater management plan and report indicating the changes in drainage run -off caused by the expansion, and the intended treatment of this calculated runoff as it impacts on the QEW Right -of -way. The applicant must submit a Traffic Study indicating the existing and future projected traffic volumes and pattems as it impacts the QEW/Thorol Stone Road Interchange. The Ministry will provide more detailed comments and draft conditions when a formal site plan of the amended building land usage is submitted. All proposed permanent buildings and structures both above and below ground, utilities, frontage roads, fire routes, essential parking, and stormwater management ponds and associated berms, must be set back 14.0 metres from the QEW property line. All noise berms or grading of any kind will not be permitted on QEW property. The applicant must be advised that Ministry building/ land -use permits for all buildings within 45 metres of the QEW property line and 395 metres from the intersection of the QEW and Ontario Street, will be required prior to any grading and construction on this site. Separate building/land-use permits are required for each stormwater management pond serving this subdivision. Sign permits maybe required as well. Permits must be obtained from Mr. David Brown, Permits Officer (416) 235 -4081, at the above captioned address. t141 Li/ LUCID 14: Id 41b 42b I 2 I.f you have any questions, please feel free to contact me. cc: Richard Yeung, Corridor management Engineer, MTO David Brown, Permit Officer, MTO UUKKI1/UK MANAGtMLN1 Yours Truly, Graham D. Routledge Corridor Management Technician KA(it U3 /UJ The City of Niagara Fall Can His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Surrounding Land Uses Corporate Services Department PD 2005 30 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @city.niagarafalls.on.ca May 16, 2005 Re: PD- 2005 -30, Zoning By -law Amendment Application AM- 48/2004, 4967 to 4975 Clifton Hill Applicant: Scott Payton Agent: Victor Tarnoy Proposed Amusement Rides/Devices It is recommended that Council approve the requested Zoning By -law amendment application to permit the three requested amusement rides /devices, on a temporarybasis, not exceeding three years. Victor Tarnoy has submitted an amendment to the Zoning By -law for a parcel of land known as 4967 -4975 Clifton Hill, as shown on Schedule 1. The applicant proposes to erect three amusement rides /devices on the property along Oneida Lane. Refer to Schedule 2 for the details of the development. The land is currently zoned Tourist Commercial (TC). The TC zoning is requested to be amended site specifically to add amusement rides /devices to the list of permitted uses for the land. The applicant has requested these portable, seasonal rides be permitted for a period not exceeding three years. The three rides /devices currently shown on the drawing are a rock climbing wall, an inflatable slide and a "hi- striker" amusement device. The property is completely surrounded by tourist commercial uses, including restaurants, attractions, accommodation and parking. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 16, 2005 2 PD- 2005 -30 Circulation Comments Regional Municipality ofNiagara Municipal Works Fire Services No objections. Planning Analysis The rides are of a small scale and are consistent with other tourist entertainment attractions along Clifton Hill. Regional Planning staff has no objections. The queuing of persons for the rides may spill over onto the municipal sidewalk, creating unsafe pedestrian congestion. A barrier should be erected along the property line to prevent this encroachment from happening. City Clerk A business licence is required per the Municipal Business Licence By -law (2001- 31) for the rides /devices. Proof of an insurance policy of not less than $1,000,000 is required. The "hi- striker" device may require a licence from the Ministry of Consumer and Business Services. By -law No. 2001 -31 requires the licensee to maintain and staff at his expense, in good order, queues for the purpose of gaining entrance to the rides /devices. 1. The proposal complies with the intent and purpose of the Official Plan. The lands are designated Tourist Commercial under the Official Plan and are part of the Clifton Hill subdistrict. This subdistrict is intended to be the commercial entertainment centre of the tourist area, preserving its festival atmosphere. A wide range of entertainment uses and tourist attractions are permitted and encouraged to have a pedestrian focus at the street level. The rides /devices proposed are small -scale attractions that contribute to the festival atmosphere of Clifton Hill and have a direct relation to pedestrian activity on Oneida Lane. Due to the potential intrusive nature amusement rides /devices have, Council has previously elected to consider these uses on a site by site basis and as such has not permitted them as of right in the Zoning By -law. However, the low, small -scale nature of the rides /devices fits in with the existing development and attractions on Clifton Hill and the siting should not adversely impact adjacent properties. May 16, 2005 PD- 2005 -30 2. The requested zoning is appropriate. CONCLUSION: The requested rides /devices comply with Official Plan policies, complement the festive nature of Clifton Hill and are of a scale consistent with surrounding uses and therefore the requested zoning amendment can be supported. Prepared 44 /771 Andrew Bryce Planner 2 Recommended by: V Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services AB:gd Attach. The land is zoned TC. Site specific regulations are requested to be added to permit the three rides /devices. These rides /devices have been requested on a temporary basis not exceeding three years as the owner considers his future plans for the property. Permitting these rides /devices on a temporary basis will allow the rides to be monitored to ensure that no adverse impacts are occurring, prior to any future renewals. The height of the rides fall within the Tourist Commercial zone height limit of 12 metres (39.3 ft.) and are not out of scale with the surrounding area. To assist Municipal Works in providing adequate spacing for a barrier along the Oneida Lane sidewalk, a setback of 1.5 metres from the Land should be implemented in the amending by -law. S:\PDR\2005\PD2005 -30, AM- 48 -04, Victor Tamoy, 4967 -4975 Clifton Hill.wpd Respectfully submitted: 117 4041 ohn MacDonald Chief Administrative Officer Subject Lands Amending Zoning By -law No. 79 -200 Location: 4967 -4975 Clifton Hill Applicant: Victor Tarnoy KVGIS_Requcns\2 4 Schedues lZoningAMAMd8Amapping.apr SCHEDULE 1 LOCATION MAP i AM- 48/2004 N s 1:NTS April 2005 1P Y) p (9R -43 Y I k I 6 z PHi3 \FIJI. P PART IFf •r k SCHEDULE 2 G; tinjonnumg Y cr.*,' Mme` 4#.> o>� 3 'c'd V\ i k yht_ flft 31 LI iw J ny L I. [VV.) I.LV ift NIAGARA April 21, 2005 Dear Mr. Bryce: V v L L Mr. Andrew Bryce Planner 2 Planning Development Services City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara N1M Ib� L°Jc 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Planning Telephone: 905 -984 -3630 Scanned Fax: 905 641 -5208 File: 2 0NIA4 E -mail: plan @regional.niagara.on.ca ✓CLGAKS P 6. Re: Zoning By-law Amendment Application Seasonal Amusement Rides Oneida Lane, off Clifton Hill City of Niagara Falls Your File No: AM- 4812004 File: D.10.M.11.23 The above application proposes a rezoning to permit three (3) seasonal amusement rides in a tourist commercial area. The rides apparently have been operating for six years and the proposed rezoning would allow the continued operation of these rides. The rides are small scale and are consistent with other tourist entertainment attractions along Clifton Hill. Regional Planning staff have no objection to the adoption of the proposed rezoning. Yours truly, f 1447Pri David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. W. Stevens, Regional Public Works twIZBLA- Seasonal Rides -NF RECEIVED APR 2 12005 PLANNING DEVELOPMENT The City of Niagara Fall Canad j awl His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that Council approve the Zoning By -law amendment application as detailed in this report to recognize the existing semi detached dwelling, lot size and building setbacks. BACKGROUND: Proposal Circulation Comments Corporate Services Department PD- 2005 -33 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E mail: planning @city.niagarafalls.on.ca May 16, 2005 Re: PD- 2005 -33, Zoning By -law Amendment Application AM- 12/2005, 6134/6136 Delaware Street Applicants. Haroun Sarena Srour Agent: Matthews, Cameron, Heywood Surveying Ltd. Existing Semi- Detached Dwelling, Lot Size and Building Setbacks The amendment is requested to satisfy a condition of provisional consent granted by the City's Committee of Adjustment on April 26, 2005 (File B11 /2005/NF). The applicant proposes a severance of the land that would create separate deeds for the ownership of each unit of the existing semi detached dwelling. The location of the property is shown on Schedule 1 and known municipally as 6134/6136 Delaware Street. The proposed parcels (Part 1 and Part 2) and placement of the dwelling is shown on Schedule 2. The property is currently zoned Residential Single Family lE Density (R1E) through Zoning By -law No. 79 -200. The applicant has requested a site specific Residential Single Family and Two Family (R2) zone to recognize the existing use, configuration of the lot and dwelling setbacks. Information on the requested zoning amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: Building By -law Services No objection. Fire Services No objection. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Recommended Site Specific 112 Zone Provision Minimum Requirement Lot area 4900 square feet (455.21 square metres) Lot frontage (Delaware Street) 120 feet (36.58 metres) Front yard depth (north) 4.5 feet (1.37 metres) Rear yard depth (south) 9.5 feet (2.9 metres) Side yard width interior (east) 20 feet (6.1 metres) Side yard width exterior (west) 16 feet (4.88 metres) May 16, 2005 PD- 2005 -33 Municipal Works 1. The proposal complies with the policies of the Official Plan. 2. The requested Zoning By -law amendment is appropriate. No objection. A condition of severance approval will ensure individual service connections to each unit. Parks, Recreation Culture No objection. Regional Planning Development No objection. Planning Review Various matters were considered in assessing the application. Based on this analysis, approval is recommended. The review of the amendment is summarized as follows: The City's Official Plan designates the property Residential. A compatible mix of dwelling types and lot sizes is promoted by the Plan to provide a full range of housing opportunities. This mature neighbourhood has primarily single- detached homes but there appears to be some two family dwellings in the area. A more coordinated grouping of different dwelling types and zoning standards is typical in newer subdivisions. Nevertheless, the semi detached dwelling was built over 30 years ago and is compatible with the surrounding development. The lot size and semi detached dwelling were permitted and established under pre -1979 zoning provisions. The overall property and use have legal non conforming status in the current R1E zone. However, this status will be altered with the severance to create individual properties for the ownership of each unit. There are no changes or additions to the dwelling proposed through this application. Staff recommends a minor modification to the requested site specific R2 zone to define lot frontage for the corner property as Delaware Street corresponding to the orientation of the dwelling. The existing lot size and building setbacks will be reflected in the amending zoning by -law as noted in the chart below. These zoning standards apply to the entire property and semi detached dwelling and not the separate semi detached units or parcels that would result after the severance. May 16, 2005 3 PD- 2005 -33 CONCLUSION: Approval of the requested zoning amendment would satisfy a condition of severance required to separate the individual units of the existing semi detached dwelling and allow their sale. There are no changes or building additions proposed to the dwelling on the lot. The zoning amendment would formally recognize the existing situation. The proposal satisfies Official Plan policies and is appropriate. Prepared by: Richard Wilson Planner 2 Recommended by: b ug Darbyson Director of Planning Development Approved by: AVatOsu T. Ravenda Executive Director of Corporate Services RW:gd Attach. S :PDR\2005TD2005 -33, AM -12 -05, Srour, 6134 -6136 DelawareSt.wpd Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP A Amending Zoning By -law No. 79 -200 Location: 6134/6136 Delaware St. Applicant: Haroun Sarena Srour K \GIS Regnesis\200SSchedules\zoningAM AM- I2\nappinc apr w AM- 12/2005 s I:NTS April 2005 SCHEDULE 2 u z f Q J J d AE Z 5 i a Oz e 50 8 i 0 u 0 n &I N&AY &4OHJ SMId oo l.% Iai c I oo ti O J N 10 MY HS17Mvc Was ]YdOMOIV) (9PMP ,09) 0 J NIAGARA April 25, 2005 Mr. Richard Wilson Planner II Planning Development Services City of Niagara Falls 4310 Queen St., PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 16166 M 3550 Schmon Parkway, P.O. Box 1042 MP{ Thorold, Ontario L2V 4T7 Telephone: 905 -984 -3630 Fax: 905 641 -5208 E -mail: plancregionatniagara.on.ca Re: Zoning By -law Amendment Application Recognition of a Semi Detached Dwelling Delaware Street and Dawllsh Avenue City of Niagara Falls Your File No: AM- 1212005 This application proposes a rezoning to facilitate a consent application (B11 /2005 /NF) to divide a property with an existing semi detached dwelling. The consent would allow each dwelling unit to be sold separately. The proposed rezoning would establish the specific provisions to recognize the existing use, configuration of the Tots and dwelling setbacks. Regional Planning staff had no objection to the approval of the consent application. Similarly, we are not opposed to the adoption of the related zoning amendment to implement the consent. Yours truly, David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. W. Stevens, Regional Public Works tw/ZBLA-Delaware-Dawlish-NF CLEit? 5 P& File: D.10.M.11.23 RECEIVED APR 2 5 2005 PLANNING DEVELOPMENT Victorian Infirmieres NIAGARA BRANCH Order de I'Ordre SUCCURSALE DE NIAGARA of Nurses de Victoria LJ VON OR CIEE SOUO\ Nursing Palliative Care i -vmg iV■ih Pat kinsrn', FH (Thrifts April 26, 2005 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Mayor and Members of Council Dear Members: Request for Proclamation National VON Week May 16 22, 2005 May 16 22, 2005 is National VON Week. VON Niagara is seeking recognition and support through formal proclamation. The theme for national VON Week this year is "Strong Roots for a Healthy Tomorrow" highlighting our 108 year history while promoting our strength and growth agenda in our second century of caring. VON is a Canadian treasure committed to a providing quality, personal health care to those in the community who cannot care for themselves. We are confident that Council will acknowledge and support the great work of VON within the Niagara community by introducing a resolution and formally proclaiming May 16 2 y 005 as "VON WEEK Thanking you in advance for your assistance. Wellne s l inics Sincerely, Marilyn Bowslaugh Public Relations Coordinator MAY 1 6 2005 VON Canada L 1 897- 1997 I Caring fore Sdelavte Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Downtown B.I.A. Request Staff from Planning, Finance, Business Development and Clerk's Divisions have met on the attached correspondence internally and with Downtown B.I.A. representatives. Staff is generally supportive. We will continue to work and meet with the B.I.A. regarding the request. A report will come to Council in the future. Working Together to Serve Our Community ilAy The City of Niagara Falls' Canada Date: May 4, 2005 MAY 1 6 :;05 ';COUNCIL' MEETING l Down wn Niagara allS Board of Management April 12, 2005 Mayor R. T. Salci Members of Niagara Falls City Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Salci Aldermen: P.O. Box 5, Niagara Falls, Ontario L2E 6S8 PIIHG:FHLLSCLER S'Ci5(i4 Ire: 4 Tel.: (905) 354 0606 Fax: (905) 354 -5541 bia@niagarafallsdowntown.com www.niagarafallsdowntown.com In our continuing progress to revitalize our Downtown into a Historical urban entertainment and arts district we have commissioned PKF Consulting to do a feasibility economic impact study on the entertainment component of our plans for revitalization We have also commissioned Illusions Media to create a visual presentation that crystallizes our vision for the downtown. Our Renderings for creating a theme to the facade improvements are almost complete. The total work above is approximately $100,000, and this is in addition to our successful legal fight with the proposed nightclub in which settlement costs and legal expenses were in excess of 60,000. To move the process forward along its path to reality the BIA requests that the City expend some or all of the remainder 2005 budgeted CIP funds on the following: Planning/Development Guidelines which will deal with the facade improvements. An Architectural /Planning firm to be retained with the proper credentials and experience to hold a series of cherettes and to create a master plan. The development of the framework of a public /private partnership that may be required to serve as an initiative for revitalization. This initiative may require outside legal expertise. That the BIA has an equal say as to the firm chosen for this critically important role. The Downtown BIA wishes to express its gratitude to City Council and Staff on their continuing work cooperation on making our dreams a reality. Yours truly, Kurban Lalani Chairman /dd Downtown Niagara Falls: Where Variety Makes the Difference Community Services Department Municipal Works Inter Department Memorandum TO: Dean Iorfida City Clerk FROM: Ed Dujlovic, P.Eng. Director of Municipal Works Ext. 4220 RE: Sign By -law The City of Niagara Falls' J DATE: May 4, 2005 hi regards to the concerns raised by Mr. John Brucato in regards to the erection of billboards I have the following to offer. Until the approval of the proposed new sign by -law, City staff is investigating the possibility of imposing a restriction on certain types of displays such as billboards and roof top signs Any restriction that is put into place needs to be cognisant of the Charter of Rights with respect to freedom of expression. The proposed by -law, is recommending some types of signage be restricted to commercial areas of the City. Once the proposed by -law has been finalized, a presentation will be made to Council following which a meeting will be held with stakeholders and a public meeting will be held to solicit input from the citizens of Niagara Falls. MAY 1 6 2g5 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services 3086 Chipman Crescent Niagara Falls, Ontario L2G 6M5 April 21, 2005 Mayor Ted Salci and all Council Members City of Niagara Falls, Ontario 4310 Queen Street Niagara Falls, Ontario Dear Mayor and City Council, As a resident of the Chippawa area, I was recently alarmed to see yet another billboard type sign being erected, this time on the roof of a local commercial building facing Main Street, Portage Road, and Cummington Square. A great location for a massive company (Lamar) to gain maximum exposure for their client's messages, however its offensiveness is proportional to its effectiveness for those of us residents who cannot possibly escape viewing the unwanted display on a daily basis. These signs are offensive for a couple of reasons: The most obvious is the exposure to graphic messages whether or not there is any interest whatsoever. While colourful attention seeking signage may be the recipe for creating interest in a local attraction or service, the imposition of these displays on the uninterested renders one more expression of visual pollution. Further, the unchecked proliferation of such displays beyond the commercial core areas and primary thoroughfares of the city extends commercialization into areas where it may be totally inappropriate. These structures often appear in the most unexpected locations and without any notification to local residents whatsoever. While I do not attempt to track the increasing frequency of these installations, it would be clear to any resident of Niagara Falls that they are expanding rapidly and without any apparent regard for their esthetics or their effect on surrounding areas, property values, and so forth. The entry to Chippawa via Portage Road, to use one example of recent trends, provides views of a tribute to James Cameron, carefully designed and well maintained, and a little farther along an even more recent traffic island nicely designed and planted and even tree plantings along Portage Road, all worthy efforts at beautification. What is the use of these endeavors if billboard signage in this same area is allowed to amplify the already deafening presence of commercial interests? What mechanisms are in place to regulate this unbridled visual assault? Where is the consideration for the interests of local residents? Niagara Falls, Ontario is a very popular destination. Many businesses will most certainly continue to attempt to display their products and services to the millions of patrons who visit the area. Without regulation, we will be doomed to a future of wall -to -wall visual bombardment. Ts this the kind of city in which we would want to live? GMAY Surely the following measures are warranted: An immediate moratorium on the erection of such displays An examination of how other municipalities manage this issue Provision for consultation or notification of affected residents prior to approval of proposed displays An inquiry that would help determine the sentiments of city residents on this issue I look forward to your response on this matter. Regards, cato The City of Niagara Fall Cana His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Corporate Services Department L- 2005 -20 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) 371 -2892 E -mail: legalservices @city. niagarafalls. on. ca 3. That a land exchange be considered as follows: May 16, 2005 Re: L- 2005 -20 Ascot Woods Ltd. Land Exchange with City East of Beaverton Boulevard Our File No. 2005 -87 1. That part of Block 67, Plan 59M -307 shown hatched and marked as "City lands" on Schedule "A" attached, be declared surplus. 2. That Council dispense with the requirement to give notice to the public by way of advertisement of the transfer of part of Block 67, Plan 59M -307 to Ascot Woods and that this will constitute notice to the public with respect to the proposed sale of part of Block 67, Plan 59M -307 as shown as City lands on Schedule "A" attached to Ascot Woods Ltd. and same will be considered by Council at its meeting of May 30, 2005, in the Council Chambers at 7:00 p.m.. (a) That the City lands be transferred to Ascot Woods Ltd. "Ascot for nominal consideration and further that Ascot pay for all costs associated with the transfer. (b) That lands as shown as "Ascot lands" on Schedule "A" attached be acquired by The Corporation of the City of Niagara Falls from Ascot Woods Ltd., for nominal consideration and further that Ascot pay for all costs associated with the transfer. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 16, 2005 BACKGROUND: The City lands are located on the south side of Beaverton Boulevard. On March 11, 2003, the City acquired all of Block 67 on Plan 59M -307 as a condition for draft plan approval for parkland dedication with respect to Beaver Valley Extension Subdivision Phase Two. Council granted draft plan approval as it applied to the abutting subdivision, namely Ascot Woods Extension 7 Draft Plan of Subdivision. Wherein it is was a condition that Ascot dedicate Ascot lands to the City in exchange for the City transferring a triangular portion of land at the northeast comer of Block 67, Plan 59M -307 being City lands to Ascot to create a building lot in combination with the proposed Lot 24 as shown on the plan attached as Schedule "A This land exchange will enlarge Beaver Valley Park, to be developed. As the lands abutting the City lands are owned by Ascot, staff is recommending that the requirement to give notice to the public by way of advertisement in the Niagara Falls Review be dispensed. The Municipal Act states that before selling any land, every municipality shall obtain at least one appraisal of the fair market value of the land. However, an "appraisal" does not appear to require the services of an accredited appraiser. An appraisal can be attained by the method of a recent sale of comparable properties. Attached as Schedule "B" is a copy of a letter from Allan Heywood of Matthews, Cameron, Heywood Surveying Ltd., dated April 26, 2005. Mr. Heywood advises that Ascot pre -sold lots within the subdivision at an average cost of $65,000.00. Based on the average lot of 15 metres by 41 metres the area is 615 square metres, the cost per square metre is approximately $106.00 per square metre. The area of the City lands is 107.2 square metres being a cost of $11,363.20. The area of Ascot lands is 1,160 square metres being a cost of $122,960.00. However, Ascot has confirmed that it will complete the land exchange for nominal consideration and it has agreed to pay all other costs associated with the same. Staff did not have any objections to the land exchange. Prepared by: Approved by: T. Ravenda Executive Director of Corporate Services 2 L- 2005 -20 Respectfully submitted: John MacDonald Chief Administrative Officer 1424 sq.m. 1424 Sq.m. 1424 N.M. 1424 sq.m. 1415 sq.m. 5 BLOCK 67 PIN 64304 0507 LU I JV PIN 64304 0470 LOT 29 PIN 64304 0469 :F9ttls.591i' EiS13012 AS N LT- 218220 LOT 28 PIN 64304 0468 LOT 27 N PIN 64304 046T z N LT -236n LOT 26 I4 PIN 64304 0466 9f 'PART 1 PLAN 59R (LANDS TO BE ACQUIRED PRIOR TO REGtSTRAM1ON) 890 sq.m. 3 0 N z 0 705 sq.m. N 2 F peen 1Q �6 9 5 PIN64304 -0 9* 723 sq.m. 0 ti 1- ',trill e- APR 27 -2005 13:02 MATTHEWS, CAMERON, HEYWOOD KERRY T. HOWE SURVEYING LTD. ONTARIO LANE SURVEYORS PROFESSIONAL ENGINEERS Offices at Niagara Falls St. Catharines Notes Records of R. Blake Erwin, O.L.S., P.Eng., Robert H. Funk, O.LS., P.Eng., Thomas G. Cahill, O.L.S. ui Raymond). Manhcws, O.LS. (Ret.) Andrew Cameron, P.Eng, O.LS, Allard. Heywood, O.LS, Aber( Nidrel (Office Manage() City of Niagara Falls Legal Department 4310 Queen Street Niagara Falls, ON L2E 6X5 April 26, 2005 Attention: Ms. Mary Morrone, Law Clerk Dear Ms. Morrone: Matthews.Cameron.Heywood 9053586224 P.01 /01 RE: Ascot Woods 7 Lands Exchange City of Niagara Falls As you are aware it'is desirable for the City and the owner, Ascot Woods Ltd., to exchange two triangles of land to provide a more rectangular shaped park area and allow the better development of the lots in the proposed plan. A draft reference plan has been provided to the city indicating Part 1, to be transferred to Ascot Woods Ltd.. Upon registration of the plan of subdivision Ascot Woods Ltd. will transfer the proposed Block 26 to the City of Niagara Falls. The developer has informed me that he has pre -sold the lots in this subdivision at an average price of $65,000.00. Based on an average lot of 15 metres by 41 metres (area 615 sq.m.) the cost per square metre is about $106.00 per square metre. The area of the triangle to be transferred from the City to Ascot Woods Ltd. is 107.2 square metres. The area of the triangle (Block 26) to be transferred from Ascot Woods Ltd. to the City is 1160 square metres. Hopefully this information will help you valuate the land exchange. Should you have any questions or require any other information please do not hesitate to contact me. Yours .j' Maim Allan J. AH /ddb c.c. Brian Sinclair (via fax) Kerry T. Howe Surveying Ltd. elm ON REPLY PLEASE QUOTE J 0 FILE NO 2R 7F PLEASE REPLY TO: 5233 STANLEYAVE„ UNrr+1 NIAGARA FA11S, ONTARIO LZE 905858- 3693 TELEPHONE 9054584224 -FAX •�L. LEGAL DEPT. APR 2 7°2005 ACTION DISCUSS INFO TOTAL P.01 The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2005 -22 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) 371 -2892 E-mail: legalservices @city. n iagarafalls.on. ca May 16, 2005 Re: L- 2005 -22 LeBlanc, Marcel Encroachment Agreement 4233 May Avenue Our File No. 2005 -94 That the building located at 4233 May Avenue be permitted to continue encroaching three feet by twenty -three feet in length, on May Avenue and that an Encroachment Agreement be entered into with Marcel LeBlanc, for nominal consideration. A request has been received from the owner, Marcel LeBlanc, of 4233 May Avenue for permission to continue encroaching three feet by twenty -three feet in length, on May Avenue. Mr. LeBlanc advised that the encroachment has existed since prior to purchasing 4233 May Avenue, in 1987. Mr. LeBlanc has applied for a building permit to reface the exterior facade at 4233 May Avenue. A copy of the existing building is attached as Appendix "1" and a copy of the proposed refacing is attached as Appendix "2 Prior to obtaining a building permit, Mr. LeBlance was requested to enter into an Encroachment Agreement with The Corporation of the City of Niagara Falls "City The Encroachment Agreement is the standard agreement used by the City dealing with encroachments and provides that for receiving approval to maintain the encroachment for nominal consideration, the owner will provide the necessary insurance, pay the costs of a reference plan, as well as, the cost of preparation of this Encroachment Agreement. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 16, 2005 Staff has reviewed the existing encroachment and has no objections. Prepared by: Mary rrone Law C erk Approved by: T. Ravenda Executive Director of Corporate Services 2 Respectfully submitted: John MacDonald Chief Administrative Officer L- 2005 -22 0 w a_ 19- 0 0 0 The City of Niagara Fall Canad� His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2005 -23 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) 371 -2892 E -mail: legalservices@city. niagarafalls.on.ca May 16, 2005 Re: L- 2005 -23 Washington Mills Ltd. Assignment of Agreements to 1149962 Ontario Limited Part of Ramsey Road Our File No. 2005 -116 That Council consents to the assignment of the following Agreements to 11499622 Ontario Limited: 1. License Agreement, dated April 3rd,1985 between The Corporation of the City of Niagara Falls "City and Washington Mills Limited "Washington permitting Washington to maintain and use part of a road allowance being Ramsey Road "City lands shown hatched on Schedule "A" attached to this report, as a driveway in connection with its business until it is needed for municipal purposes, for $1,000.00 per year; 2. Indemnification Agreement, dated December 7, 1992 between Washington and the City permitting Washington to construct, install and maintain a watermain at its expense along City lands shown hatched on Schedule `B" attached to this report, for nominal consideration. At its meeting of March 18, 1985, Council authorized a Licence Agreement with Washington to permit it to use City lands as a driveway in conjunction with its business until it is needed for Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 16, 2005 municipal purposes. Attached hereto as Appendix "1" is an excerpt of the Report together with the Licence Agreement. At its meeting of January 18, 1993, Council authorized an Indemnification Agreement with Washington to permit it to use City lands to construct, install and maintain a watermain at its expense along City lands. Attached hereto as Appendix "2" is an excerpt of Report S -93 -02 together with the Indemnification Agreement. Ms. Jennifer Ricci, solicitor for Washington advised that her client is selling its property abutting the City lands. The transaction is scheduled to close on May 30, 2005. The purchaser, 1149962 Ontario Limited requires confirmation from the City that it will consent to an assignment of its Licence Agreement and Indemnification Agreement with Washington. Staff had no objections to assigning the Licence Agreement and Indemnification Agreement to 1149962 Ontario Limited. Prepared by: Respectfully submitted: ary rrone Law t erk Approved by: deiailefia T. Ravenda Executive Director of Corporate Services /mm attachs. 2 L 2005 23 John MacDonald Chief Administrative Officer u AA• R 1 u SCHEDULE 'C" la an Agreement dated December 7, 1992 between Washington Mils Limited and The Coronratten of the eft, of Nlerera nth Office of the Sbminiatrator Background: of Ramsey Road e v ibat 4310 ttm thret aa9rdhi,° tads 3[246 63€5 (416)356 7521 March 18, 1985. I I During the past year, the President of Washington Mills contacted the City regarding the condition of the unimproved section of Ramsey Road and its possible temporary use by trucks engaged in the construction of the expansion of their plant. In order to accommodate the construction vehicles, the Firm at their own expense did stone a portion of the unused roadway to provide secondary access to their property. At the present time the section of Ramsey Road in question is in poor condition and is not suitable for vehicle use. Because access to the unused portion of the road is presently unrestricted, motorists attempting to use the roadway become mired in the mud and then proceed to enter the Washington Mills property to seek assistance. The Company has on several occasions used plant equipment to assist stranded motorists. Attached is a sketch showing the location of the subject road- way with the portion to be licensed cross- hatched. As members of Council will appreciate, the Company is concerned that people wandering into their plant seeking assistance creates a hazardous situation, particularly in view of the pouring of molten abrasive materials carried on at this location. The Company has become most concerned that someone could get seriously injured. To remedy the situation, they have suggested that the Company be authorized to licence that part of the roadway immediately adjacent to their plant in order that a gate can be erected. Initially, the Firm had inquired as to the possibility of buying the roadway, however, Staff is of the opinion that such action might limit future development of lands in the area. At this time it is felt advisable for the municipality to retain ownership. fess His Worship Mayor William S. Smeaton and Members of the Municipal Council, CITY OF NIAGARA FALLS, Ontario. Members: Re: Licence Agreement for an Unimproved Section 0 Recommendation: W That the City authorize the execution of a licence agreement am with Washington M111s Limited for the use of that portion of Ramsey Road immediately abutting the northerly boundary of their property. CL The agreement suggested is in a form which has been used elsewhere in the municipality and provides that the licence agreement could be terminated by either party by giving notice in writing to that effect. The agreement would indemnify and save harmless the City from all claims arising from the use of the roadway and provides for an annual payment of a fee equivalent to the amount that would be produced if the land were taxable. As indicated, this procedure has been used with success elsewhere in the municipality and would appear to eliminate the problems that have been encountered by Washington Mi11A. JLC•mla Attach. Respectfully submitted, J.L. Collinson, Chief Administrative Officer. THIS AGREEMENT made as at the third day of April, A.D., 1985. B E T W E E N: THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City and WASHINGTON MILLS LIMITED, a company incorporated under the laws of the Province of Ontario, Hereinafter called the "Licensee of the FIRST PART; of the SECOND.PART. WHEREAS that part of the unopened road allowance for Ramsey Road in the former Township of Stamford (now in the City of Niagara Falls) shown cross- hatched on Schedule "A" attached hereto (herein referred to as "the City's land is not needed by the City at the present time for highway purposes; and WHEREAS the Licensee is the owner of the lands shown hatched on Schedule "B" attached hereto and have requested the City's permission to maintain and use the City's land as a driveway in connection with its business until it is needed for municipal purposes; and WHEREAS the City has agreed to grant the Licensee permission to do so upon the terms hereinafter contained; NOW THEREFORE this agreement witnesseth as follows: 1. The City insofar as it has authority to do so, hereby agrees that the Licensee may without further license on the part of the City use and enjoy the City's land during the pleasure of the Council of the City for the purpose of a driveway used in conjunction with the Licensee's proposed business. 2. The Licensee shall pay to the City an annual license fee of $1,000.00 or the 1st day of June in each year that this agreement is in effect provided tha upon the termination of this agreement the City shall refund to the Licensee such portion of the license fee paid the previous June 1st that is unused. 3. This license shall be null and void upon default of any term herein I I, provided upon notice of such default being given by the City to the Licensee. 4. The Licensee hereby acknowledges that it has no right to use the City's land except by the license of the City and that the City does not warrant any authority to grant the exclusive right to the use of the City's land to the Licensee and the Licensee accept this license subject to such limitations. 5. No transfer or assignment of the licnese or of any rights hereunder shall be made by the Licensee without the written consent thereto of the City. 6. No building, and no structure or fixture other than a driveway and a gate at the location and of the design shown in Schedule "C" attached hereto, shall be erected on the City's land and such driveway and gate and all improvements required to the City's land to make it suitable for the purposes of the Licensee shall be undertaken and carried out and at all times main- tained at the sole cost and expense of the Licensee and shall be entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from whatsoever cause arising. The driveway shall be constructed and maintained at all times so as to follow the natural contours of the land and so as not to block any existing drainage facilities. The gate shall be constructed and maintained strictly in conformance with the design and location shown in Schedule "A" attached hereto. 7. In the event that the City requires the land for municipal purposes it may terminate this license at any time by giving notice in writing to that effect to the Licensee and the Licensee shall, forthwith upon the termina- tion of this license, surrender possession of the City's land. 8. The Licensee covenants and agrees with the City to maintain the City's land in a condition acceptable to the City. 9. All persons and property at any time on the City's land shall be at the sole risk of the Licensee, and the City shall not be liable for any loss, damage, or injury (including loss of life) to them or it however occurring, unless caused or contributed to by the neglect or default of the City. 10. The Licensee shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this license or anything done or maintained by the Licnesee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising therefrom or connected therewith; provided that the Licensee shall not be liable to the extent to which such loss, damage, or injury is caused or contributed to by the neglect or default of the City. 11. The Licensee shall at its own expense, arrange and maintain sufficient liability insurance in order to indemnify the City as provided for in paragraphs 6 and 7 of this license and produce to the City upon execution of this agreement and on each anniversary date, a copy of a certificate of such insurance including the City named as an added insured on the Licensee's policy. 12. Nothing done or maintained hereunder shall be construed to be the assumption of the City's land for public highway purposes. 13. If in the opinion of the City the Licensee does anything or permits anything to be done on the City's land which may be a nuisance or cause damage, the City shall notify the Licensee of such activity and the Licensee shall have ten (10) days in which to remedy such nuisance and failing so to do the City may terminate the license forthwith in whole or in part. 14. Upon termination of this licence the City may require the Licensee at its own expense to remove any of its installations and facilities from the City's land and restore the said land to a condition satisfactory to the City. 15. Any notice to be given pursuant to this agreement will be effectively given, in case of notice to the Licensee, if mailed in a prepaid, registered envelope, addressed to the Licensee at 6225 Progress Street, Niagara Falls, Ontario, and in the case of the City, if mailed in a prepaid registered envelope addressed to The Corporation of the City of Niagara Palls, 4310 Queen Street, Niagara Falls, Ontario L2E 6X5, and will be considered as having been so given at the time of the deposit thereof in the post office at Niagara Falls, Ontario. IN WITNESS WHEREOF the Licensee and the City have hereunto executed this agreement. SIGNED, SEALED AND DELIVERED In the presence of THE CORPORATION OF THE CITY OF NIAGARA FALLS MAYOR a CLERK �L HINGTON MILL IT DI c_GLt y_ Lcco Pe Per The City of Niagara Falls Canada Member: His Worship Mayor Wayne Thomson, and Members of Municipal Council, City of Niagara Falls, Ontario BEr OMMFNDATION: RI�4RT: Legal Department .1310 Owen Snot P.O. Box 1023 t Fmk, Onlrb (116) 356 -7521 Fax (416) 356 -2551 Re: 8 -93-02, Washington Mills Indemnification Agreement with the City of Niagara Construction of Waterman A i Our bile No: 92-C6-138 1993 01 18 That City Council approve the By-law appearing on tonight's agenda authorizing the Agreement between Washington Mills Limited and the Corporation of the City of Niagara Falls. On 30 March 1992, City Council approved of the recommedation adopted by the Municipal Works Committee that approval in principle be granted to the installation of a raw watermain along Ramsey Road from Stanley Avenue westerly to service Washington Mills, subject to the execution of an appropriate Indemnity Agreement and approval by the City of the design and construction details. This agreement has now been prepared by the Legal Department and is satisfactory to the Director of Municipal Works. In addition, the design and construction details of the watermain meet with the approval of Qty sniff. Appearing on tonight's agenda is a By law authorizing Washington Mills Limited to construct, install and maintain the watermain at their expense along the City's lands in F.O. Kerb City sacker _2- considetadon for Washington Mtlls Limited indemnifying the Qty for any and all costs or claims that may occur or arise as a result of the construction, installation and maintenance of the watermain. Prepared by: Henry R. Weilenmann, Assistant 0 Solicitor City Solicitor by: Respectfully submitted Edward P. Lustig, Chief Administrative THIS AGREEMENT made in triplicate this 7th day of December, 1992 BETWEEN: WASHINGTON MILLS LIMRED, Hereinafter called the 'Washington Mills', •and of the FIRST PART; THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the 'City" of the SECOND PART: WHEREAS on the 10th day of March, 1980, by Articles of Amendment registered in the Registry Off ee for the Registry Division of Niagara South as Instrument No. 351339, 426657 Ontario Limited changed its name to Washington Milts Limited. AND WHEREAS Washington MrRa is the owner of the lands desrrbed in Schedule 'A' attached hereto; AND WHEREAS the City is the owner of die lands described in Schedule 'B' attached hereto (hereinafter referred to as the City's Lands): AND WHEREAS the Washington Mills desires to construct, install and maintain a watermain at its expense along the City's lards to its lands; AND WHEREAS the City agrees to permit the construction, installation and maintenance of the watermain along the City's Lands provided that Washington Mitt save baroness the City from any and all liability arising from the said cmaWCdon, installation or maintenance of the watermaie along the Qty's Lands. PI NOW THRREPORE THIS AGREEMENT WITNF.SSETII that in consideration of the City granting to Washington Mills a licence to installand maintain a watermain along the City's Lands, Washington Milk agrees to indemnify the City as agreed to herein. I. Washington Mills shall be granted a licence by the City to construct, instal and maintain a watermain at its expense along the City's Lands in accordance with the Raw Water Line Construction Specifications 10157 -SPl and any addendum, thereof. 2. Washington Milk shall «store and repair the City's Lands to their original state at its expense, prior to the completion of the Construction, installation and maintenance of the watt-main, 3. Washington Mills shall indemnify and keep indemnified the City, its offices, employees and agents and save harmless from any and all such loss, costs, damages, expense and claims or demands that may occur or arise as a result of the eonstncdon, Installation and maintenance of the watermain. 4. Washington Milk shall maintain the watermain and all water works aspdaled with the watemmin in a good and working condition, failing which, the City can prier upon the lands described in Schedules •A' and 'B' to do the work of maintaining the wale n ain and all water works associated with the watermain at Washington Mills' expense. 5. The City shall be permitted in a situation, that in the City's opinion, constitute an emergency situation, to do work on or shut off the watermain to Washington Mills. 6 Washington Mills shall take at with an insurer licensed to atsy on business In Ontario, a comprehensive policy of public liability and property damage ksusance in an mount sufficient to protect the City against all claims for damages, death or injury to any person relating to the watumain. .3- 7. At the pleasure of the City, and upon at least six months' written notice to a director or officer of Washington Mills, the City may require Washington Mills to relocate or remove the waremhain at Washington Mills' expense to the satisfaction of the Director of Municipal Works of the City. It is agreed that removal would only be required if the continued existence of the watermain jeopardized the City in some way. 8. The City shall provide Washington Mills with reasonable notice of any proposed constmoton along the City's Lands in the vicinity of the waterosin. 9. The City or Washington Mills can terminate the licence agreement on two years written nada to the Oty'a Mak or to any Director or Officer of Washington Mills for my 10. This agreement shall be binding and enure to the benefit of Washington Mills and the City and their respective heirs or assigns. -4- IN WITNESS WHEREOF the Partks hereto have hereunto affixed their corporate seals duly attested by the hands of their proper officers in that behalf and the said signing officers certify that they have authority to bind their corporation. Name: flue: Name: Title: THE CORPORA/TONG? THE CITY OF NIAGARA FALLS Name: Wayne Thomson TTde: Mayor WASHINGTON MILLS LIMITED Name: E. C. Wa« 71de: City Clerk SCHEDULE •A• to an Agreement dated December 7, 1992 between W ki igtoo Milt Limited and 7Le rarpo `�t�,. off Bath f ig FS7k All N the City of Niagara Palls, in the Regional Municipality of Niagara; FIRSTLY; parcel 4.1 Sedtion M -67 being Lot 4 on than M-67 SECONDLY: Parcel 5-1 Section M-67 being lot 5 on Plan M-67 THIRDLY: Parcel 34-1 Section M-67 bdng part of Anderson Ctaaat on Plan M-67 designated as Put Son Reference Plea 59R -3654 and Lots 34, 35, 36 and Block D on Pin M-67 subject to aright ha focus of The Corporation of the City of Niagara PaBa, its successors and assign to travel at all tuna over, along, arms and open that part of pot 34 on Plan M-67 designated as Pan 1 on Reference Plan 59R -3654 as see out In Transfer LT- 24005. FOURTHLY: In the City of Niagara Palls, formerly the Towmbip of Stamford, in the Regional Municipality of Niagara and being composed of Pan of Township Lot No. 216, and Pan of Block 'D' aaor'mg lo Registered Plan No. 2483 for the old Township, now known as Plan No. 8 which said paned b spa partiwhdy described by R. Blake Erwin, 0.1.S. as COMMENCTNO at apoiat LI the easterly limit of Said Block 'D' distant therein south 2 degrees, 28 mlesna and 20 seconds east, 507.75 fat from a stone mamma soaking the north-Wady angle of mid Block 'D'; TRENCH South 87 degas, 31 minutes and 40 seconds west, 1353.16 feet to an iron pipe planted at the intersection of the line beweta Lots No. 215 and 216 wish the sauthcastaly limit of an existing Township Rod; THENCE North 50 m IA r Iron and ns 05 minutes east in the add south- steely limit, 1656.75 feet beginning of curve; THENCE North-easterly on *curve to the right having a radius of 517.45 feet, total arc mawaanmt of 46.09 feet to an iron pipe in the easterly limit at rid Lot No. 216; THENCE South 2 degrees 28 minutes and 20 read. rest in site astray Hods, 1033.65 fat to the place of beginning, cantaialng by "Immurement 16.09 acres. As previously desalbdd in Instrument Number 376076. FIFTHLY: In the City of Moran Palls, in One Regional Municipality of Nlagan, formerly in the Township of Swabs& and being composed of put of Township Lob 215 and 216 in the rid Posner Township and Pan of Block Office to the Plan of Subdivision registered in the Land Registry Registry Division of Magma South (Na 59) as Nan Number 2033, now bourn as Plan Number 8, aid passel curtaining by dahamemat 4.144 haaara more or lea and being more Page 2 Schedule "A' pardmdarty desc»lbed as follows: PREMISING that bearings herein are astronomic and are referred to the Nonhedy limit of Pan 1 on a Plan of Survey registered N the said Land Registry Office as Plan 59114666 which has a beating of North 87 degrees 28 minutes East. COMMENCING at a standard Iron bar found at the Soudi West comer of Lot 1 as shown on Registered Plan Number 134 registered in the said Land Registry Office; THENCE North 2 degrees 32 minutes West along the Westerly limit of said Plan Number 134, 99.590 metres more or less to a standard' von bar found L the North West corner of Lot 5 as shown on said Plan Number 134; THENCE South 87 degrees 28 minutes West 340.815 metres more at las to an from bar found in the South Easterly limit of Ramsey Road; THENCE South 50 degrees 01 minutes Want along the said South Easterly Omit of Ramsey Read 189.860 metres more or lea to a standard iron bar fond; THENCE North 81 degrees 26 minutes and 30 seconds Bast 151.233 metres more or less to a standard iron bar found; 'THENCE Noah 87 degrees 28 minutes East 341.132 metres more or less to the Point of Commencement. As previously described in Instrument No. 343598. SCHEDULE 11e to im Agreement dated December 7, 1992 between Washigton Mild Limited and piLeatlsmaDatiffaway_nailugazga Part of Ramsey Road, in the City of Niagara Fells, in the Regional Municipality of Niagara, formerly in the Township of Stamford being the lands cro a- hatcbed on the plan attached hereto as 1' al i 11 m SCHEDULE •C to an Apeement dated December 7, 1992 between Washington MDty Limited and The Corounttoa of thr fltv of Mantra Ails The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW- 2005 -60 Traffic Control Signal Devices Maintenance Operations Agreement RECOMMENDATION: It is recommended that: 1) Schedule `C' of the Traffic Control Signal Devices Maintenance and Operations Agreement, be amended, to include Rates and Fees for Labour and Equipment for 2005; 2) the City renew the Traffic Control Signal Devices Maintenance and Operations Agreement with the Regional Municipality of Niagara, until December 31, 2007, and; 3) the Mayor and Clerk be authorized to execute the said agreement. BACKGROUND: Community Services Department MW- 2004 -60 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca May 16, 2005 In November 2004, the City entered into a six -month agreement with the Region for the Maintenance and Operation of the City's Traffic Control Signal Devices. This agreement was for six months only, which allowed staff to determine whether further enhancements to maintenance criteria are necessary. The Region, along with it's partnering Municipalities have prepared an agreement that will consistently address the maintenance and operations aspects of maintaining the traffic control signal devices. The agreement will cover everything from the cleaning of signal lenses to the programming of signal timings. By maintaining signals in a consistent manner, it can serve to Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 16, 2005 -2 MW- 2005 -60 reduce liability and assist in determining when equipment needs to be upgraded/replaced. This agreement coincides with the Region's outside worker union contracts. This will give us the ability to better define our budgeting requirements for each year. Schedule `C', (attached) of the aforementioned agreement, needs to be updated to include Rates and Fees for Labour and Equipment for 2005. Therefore, it is recommended that this agreement, as amended, be renewed until December 31, 2007. Council's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. Manager of Traffic Parking Services Approved by Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully submitted: John MacDonald Chief Administrative Officer S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2005 Council\May 16\MW- 2005 -60 Traffic Signal Maintenance Agreement.wpd File: G- 180 -19 ITEM RATE Small Bucket Truck $26.50 Medium Bucket Truck $43.05 Large Bucket Truck $53.75 Locate Van $8.00 Technical Van $8.55 Paint Truck $13.30 Pickup Truck $13.30 Service Van $18.80 Sign Truck $21.85 Paint Machine $10.90 Generator $6.45 Auger $5.95 CLASSIFICATION 2005* STORES $29.78 SIGN INSTALLER $29.78 LOCATOR $29.78 ELECTRICIAN $35.28 SIGNAL TECHNICIAN $35.28 SERVICEMAN 1 $31.98 MATERIAL HANDLER $33.08 SERVICEMAN 2 $27.58 LEAD HAND PREMIUM $1.51 rates include benefit burden SCHEDULE C RATES AND FEES FOR LABOUR AND EQUIPMENT TABLE 1 LABOUR RATES TABLE 2 EQUIPMENT RATES Niagara The City F of alls' Fs Canada Members: Community Services Department MW-2005-61 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario May 16, 2005 Re: MW- 2005 -61 COMRIF Funding Bridge Street Sewer Separation and Watermain Replacement RECOMMENDATION: It is recommended that this report be received for information. BACKGROUND: The City of Niagara Falls applied for funding under the Canadian Ontario Municipal Rural Infrastructure Fund (COMRIF) for the Bridge Street Sewer Separation and Watermain Replacement project. As I am sure that you are aware the City was notified that we will be receiving $1,954,495.00 from both the Federal and Provincial Governments for a total of $3,908,990.00. As Council may recall, the project will separate sewers and replace watermains in an area bounded by Victoria Avenue on the East, Stanley Avenue on the West, Morrison Street on the South and the Cytec Canada Lands to the North. This work will also include road and sidewalk rehabilitation. With the funding approval it will allow the City to advance this project at a quicker pace. Originally this project was scheduled to take place over 7 years, we now anticipate that we will be able to complete this work in 3 years from the commencement of construction. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 5, 2005 MW- 2005 -61 Council's concurrence with the recommendation made is requested. Darrell Smith, P.Eng. Manager of Engineering Services Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully submitted: Cif John MacDonald Chief Administrative Officer The City F of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. RECOMMENDATION: It is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Matrix Innovations Inc for $60,980.00 excluding GST for the Class Environmental Assessment for Drummond Road from McLeod Road to Lundy's Lane. BACKGROUND: Community Services Department MW-2005-62 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca Re: MW- 2005 -62 Appointment of a Consulting Engineer Drummond Road Environmental Assessment The City of Niagara Falls invited five consultants to submit proposals for the preparation of a Class Environmental Assessment Schedule "C" for Drummond Road. The proposals were ranked on work program, project team, work schedule and price. The consultants are listed below in order of there ranking: 1. Matrix Innovations Inc. 2. Delcan Corporation 3. Totten Sims Hubicki 4. Morrison Hershfield 5. JMC Transportation Group Inc May 16, 2005 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 5, 2005 MW- 2005 -62 Matrix Innovations Inc. has completed similar projects and staff are confident they will be able to successfully complete this project. This project was approved in the 2005 Capital Budget and $75,000 was allotted for the Environmental Assessment. Council's concurrence with the recommendation made is requested. Darrell Smith, P.Eng. Manager of Engineering Services Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully submitted: G john MacDonald Chief Administrative Officer SUBJECT LANDS 1 BRIDGE STREET DIRECTOR OF MUNICIPAL WORKS DATE APPROVED The City of Niagara Falls Canada MUNICIPAL WORKS BRIDGE STREET STORM SEPARATION AND WATERMAIN REHABILITATION AREA SCALE N.T.S. REVISION DATE 05/05/05 DWG. NO. 0 The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls Members: RECOMMENDATION: Community Services Department MW-2005-63 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on.ca May 16, 2005 Re: MW- 2005 -63 Contract 2005 -02 2005 Sidewalk Concrete Repair Program It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction Limited, be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, May 3, 2005 at 1:30 p.m. for the above noted contract. Tender documents were picked up by two (2) Contractors and two (2) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the two (2) Contractors. 1. Alfidome Construction Limited (Niagara Falls) 419,760.00 2. Sacco Construction Limited (Niagara Falls) 436,940.00 The lowest tender was received from Alfidome Construction Limited in the amount of $419,760.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 16, 2005 MW- 2005 -63 Financing: The Engineer's estimate for this contract was $400,000.00. Project Costs: Awarded Contract (excluding GST) 419,760.00 TOTAL 419,760.00 Funding: Prepared by: 2005 City Operating Fund Sidewalk Maintenance Roadway Account No. 11-3-313000-040000 $450,000.00 Mike DiPaola Project Manager Ed Dujlovic, P.Eng. Director of Municipal Works TOTAL $450,000.00 This project is scheduled to commence on June 6, 2005, and all work to be completed within 50 working days. Additional work may be added, up to the budgeted amounts. Council's concurrence with the recommendation made would be appreciated. Respectfully Submitted by: m John MacDonald Chief Administrative Officer The City of Niagara Fall Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2005 -65 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario May 16, 2005 Re: MW- 2005 -65 Willoughby Drive Extension (Detenbeck Road To Bossert Road) Development Agreement (Giampa and Howard) It is recommended that City Council enter into a Development Agreement with adjacent landowners for the extension of Willoughby Road between Detenbeck Road and Bossert Road which includes provisions for the front- ending and subsequent recovery of costs by the proponents in accordance with the provisions of the Development Charges Act, 1997. Municipal Works staff has received a request by the owners of the property fronting the unopened portion of Willoughby Drive between Detenbeck Road and Bossert Road to extend the roadway for a distance of approximately 386 -m in order to comply with the provisions of the City's Zoning By- Law. The existing roadway is unimproved and will have to be upgraded at the proponents expense. At this stage there are two interested parties (Mr. Nat Giampa and Mr.Charles Howard) however a third owner has yet to be contacted. The purpose of this report is to inform the Council of these discussions and to seek authorization to proceed with the drafting of the necessary Development Agreement that will include: specifications for the construction of the roadway to an acceptable municipal standard, the provision of securities, indemnification, and insurance to protect the municipality during construction, provisions for the recovery of costs from other benefitting parties. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 16, 2005 2 MW- 2005 -65 It is expected that the final terms of this Development Agreement can be determined over the next month or so and that construction could begin in late summer. Attached to this report is a plan showing the approximate scope of the works. Prepared by: Geoff Ho man Manager of Development Approved by: J Ed Dujlovic, P.Eng. Director of Municipal Works spectfully submitted: ohn MacDonald Chief Administrative Officer The CM of Nog arc Fol s Willoughby Drive Extension Project v W4 1:NT5 MGI$ PeyybV 0S CUlonUntxvl lM.iinpalWpFe\MAavghby_Jlve MsnumYnpping. �4�12 The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. RECOMMENDATION: It is recommended that Council approve the sign illustrated as Sign.2 by Signature Signs to be erected in the southerly front yard. BACKGROUND: At the April 27, 2005 meeting of the Municipal Heritage Committee (MHC), the Committee considered a request from Cemetery Services to erect a sign (see attached) in the southerly front yard of Old St. John's Stamford Green Heritage Columbarium. Under the Reasons for Designation contained in By -law No. 78 -24, it states the limestone building with stuccoed facade is a good example of early Nineteenth Century Vernacular architecture. The sign will not be attached to the building, is located in the open southerly front yard away from the building and is to be crafted having regard to the heritage of the property. The Committee was satisfied the sign would not affect the reasons for designation. CONCLUSION: The Committee is seeking Council concurrence in this matter. Prepared by: halt ltoLeiViL Corporate Services Department PD- 2005 -25 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: Re: PD- 2005 -25, Matters Arising from the Municipal Heritage Committee Meeting April 27, 2005 Alex Herlovitch Deputy Director of Planning Development Recommended by: Doug Darbyson Director of Planning Development AH:tc (905) 356-7521 (905) 356 -2354 planning @city.n iagarafalls.on.ca May 16, 2005 App r ed by: '1 T. Ravenda Executive Director of Corporate Services spect Ily submitted: e ohn MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 2, 2005 ATTACHMENT 1 PD- 2005 -25 1) m nd, Id leaf raised bad r Flat finish pane with painted graphics