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2005/05/30COUNCIL MEETING Monday, May 30, 2005 Order of Business and Agenda Package COUNCIL MEETING May 30. 2005 PRAYER: Alderman Selina Volpatti ADOPTION OF MINUTES: Council Minutes of May 16, 2005 (Please note that the Minutes will be provided under separate cover) DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS MacBain Community Centre Campaign Dr. Ian Brown, Campaign Chair and Mr. Stephen Butz, CEO, YMCA of Niagara will provide a brief update on the campaign and present a $250,000 cheque to the City. DEPUTATIONS Mayor's Disability Advisory Committee Members of the Mayor's Disability Advisory Committee will be present and request that the week of May 30 to June 5` 2005 be proclaimed as National Access Awareness Week "in the City of Niagara Falls. The Committee's 2004/2005 Plan will also be presented. Inter -Office Memorandum Re: Lamont Avenue request for "Disabled Child at Play" Warning Signs. RECOMMENDATION: That Council approve the attached resolution. Stamford Collegiate Members of Stamford Collegiate will make a brief presentation to Council and provide information on the activities that are planned for June 4, 2005 in celebration of an exhibition /community day that will be a precursor to their 150` anniversary in 2007. Falls Farmer's Market Committee Sue Rogers, on behalf of the Falls Farmer's Market Committee at Syliva Place Market will provide a brief presentation on the Falls Farmer's Market kickoff event being held on June 11, 2005. Industrial Tax Rates Fair Share Committee ITEM NO. 23 2 Jeff Wallis, David Allan and Marc Macaulay, members from the Industrial Tax Task Force wish to address Council on the issue of Industrial Tax Rates. -AND Report F- 2005 -23, 2005 Property Tax Rates. Ms. Margaret Dunn, on behalf of Fair Share Committee wishes to address Council. PLANNING MATTERS Public Meeting AM- 13/2005, Zoning By -law Amendment Application 8123 Lundy's Lane Applicant: Chiardome Properties Inc., Addition of Office, Medical Clinic, Printing Shop and Dry Cleaning Establishment Uses -AND Correspondence from Orchard Grove Motel Limited Background Material Recommendation Report: PD- 2005 -34 ITEM NO. 24 ITEM NO. 25 1. Chief Administrative Officer 2. Chief Administrative Officer 3 Public Meeting AM- 23/2005, Zoning By -law Amendment Application 4848 -4960 Clifton Hill 5383 -5385 Robinson St. Applicant: HOCO Limited, Proposed Amusement Midway And Entertainment Complex 28- storey Hotel Background Material: Recommendation Report: PD- 2005 -35 Public Meeting AM- 11/2005, Zoning By -law Amendment Application 4554 4564 Montrose Road Applicant: Altieri Building Supplies Limited Proposal to join two Lots into one parcel for the purpose of providing required Parking. Background Material: Recommendation Report: PD- 2005 -36 MISCELLANEOUS PLANNING MATTERS MAYOR'S REPORTS. ANNOUNCEMENTS PD- 2005 -37, Recommendation Report, Block 49, Neighbourhoods of St. David's Draft Plan of Subdivision 26T -11- 2005 -02 Pinestone Road /St. Paul Avenue /Mountain Road; Owner: Walker Community Development Corporation. PD- 2005 -38, Recommendation Report, Draft Plan of Vacant Land; Condominium 26CD -11- 2005 -01, 6269 Dorchester Road; Owner: 1211990 Ontario Inc. /Brian Adriana Peters. 4 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Clifton Hill B.I.A. Re: 2005 Budget referring to their total 2005 budget of $45,000 with $30,000 funds remaining and requesting a tax levy of $15,000.00 RECOMMENDATION: For the consideration of Council. 2. Minister Responsible for Seniors Re: Proclamation requesting that Council proclaim the month of June as "Seniors' Month" in Niagara Falls. RECOMMENDATION: That the request be approved. 3. Mr. Harvey Starkman, Toronto Residents in Partnership Re: Proclamation requesting that Council proclaim the month of June as "Elder Abuse Awareness Month" in Niagara Falls. RECOMMENDATION: That the request be approved. 4. Niagara Brain Injury Awareness Committee Re: Proclamation requesting that Council proclaim the month of June as "Brain Injury Awareness Month RECOMMENDATION: That the request be approved. 5. Niagara Falls Arts Culture Committee Re: Proclamation in keeping with their mandate to "foster, develop and unite artistic and cultural activities in the community" the Committee is requesting that Council proclaim the week of June 12 to June 19 2005 as "Arts and Culture Week RECOMMENDATION: That the request be approved. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Selina Volpatti, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chair) RATIFICATION OF "IN CAMERA" ACTIONS ADMINISTRATIVE MATTERS 1. Chief Administrative Officer 5 CAO- 2005 -06, Service Delivery Review Update. 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. CAO- 2005 -05, Niagara District Airport Commission, Municipal Agreement; FS- 2005 -05, Award of Tender for Addition to Station 1; L- 2005 -24, Russell Nandkumarie Beeransingh, 5682 Temperance Avenue, Clear Cloud on Title; MW- 2005 -68, Garner Road Chippawa Creek Road Watermain Cost Sharing; MW- 2005 -69, Portage Road, Church's Lane to Mountain Road; Traffic Calming Environmental Assessment; MW- 2005 -74, Contract 2005 153 -05, New Sidewalk Construction; MW- 2005 -76, Moratorium on Signs; PD- 2005 -23, Draft Growth Plan for the Greater Golden Horseshoe, "Places to Grow: Better Choices, Brighter Future Ministry of Public Infrastructure Renewal; PD.2005 -39, Deeming By -law Blocks 140 141, Registered Plan 59M -90; Galaxy Drive (South Side) Owner: Pasquale DiGiacomo; R- 2005 -27, Agreement with Russell Masterson Amateur Athletic Club; R- 2- -5 -28, Agreement with Jr. C. Hockey Club; BY -LAWS Acting Mayor, Alderman Vince Kerrio will request whether there is anyone present that has an interest respecting By -law No. 2005 -89. 6 2005 -89 To authorize a land exchange with Ascot Woods Ltd., for nominal consideration. The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2005 -90 To authorize the execution of a Lease Agreement BW Nomineeco Inc., with respect to leasing part of Township Lot 115 in conjunction with the redevelopment of BW Nomineeco Inc.'s adjoining lands. 2005 -91 To amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2005 -92 To set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2005. 2005 -93 To amend By -law No. 79 -200, to permit an expansion of the Niagara Square Commercial District (Re: AM- 11/2004, McLeod Montrose Rd.) 2005 -94 To amend By -law No. 79 -200, to permit the expansion of the Niagara Square Retail District to include recreational, community and cultural facilities. (Re: AM- 11/2004, McLeod Montrose Rd.) 2005 -95 To designate Blocks 140 141, Registered Plan 59M -90, not to be within a registered plan of subdivision. 2005 -96 To amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Taxi Stands, Loading Zones). 2005 -97 To adopt, ratify and confirm the actions of City Council at its meeting held on the 30"' day of May, 2005. NEW BUSINESS PROCLAMATION WHEREAS National Access Awareness Week (NAAW) began in 1987 as a result of Rick Hanson' s Man In Motion Tour; and WHEREAS this designated week allows communities to promote the need for greater barrier free accessibility in buildings, on modes of transportation and in public places; and WHEREAS the week also promotes awareness of issues affecting the disabled, accomplishments by the disabled community and goals for the future; and WHEREAS the City's Disability Advisory Committee would like the week of May 30 June 4, 2005 proclaimed in the City of Niagara Falls; and NOW THEREFORE I, Vince Kerrio, Acting Mayor of the City of Niagara Falls on behalf of Niagara Falls City Council do hereby proclaim the week of May 30 June 5, 2005 as "National Access Awareness Week" in the City of Niagara Falls. Acting Mayor Vince Kerrio Members of Council May 30t 2005 Community Services Department Municipal Works Traffic Parking Services Inter Departmental Memorandum To: Dean Iorfida, City Clerk From: Karl Dren Manager of Traffic Parking Services Extension 4509 May 10, 2005 Subject: Lamont Avenue Request for "Disabled Child at Play" Warning Signs The Cara of Niagara falls s Canada_ Dean, this is further to the letter received from Kim Craitor, regarding a request for the installation of "Disabled Child at Play" waming signs, on Lamont Avenue. As stated in my correspondence to Mrs. Hollowell, the Ontario Traffic Manuals do not recognize this type of sign. As well, we have made a formal request to the Ontario Traffic Conference Technical Committee to investigate the possibility of supporting the inclusion of this sign in the Ontario Traffic Manuals. However, this will take some time to review. I trust this information is satisfactory. S:\TPS \TPS) 00 Traffic Engineering\TI'S 7.06 Signs\2005\Men,o to Dean- Craitor- Hollowellavpd The sign that is being requested for installation is a PLAYGROUND ADVANCE sign. This particular sign is reserved for the advance warning of a locally designated playground that is located adjacent to a downstream section of road. It is not recommended that this sign be used for, or installed in any other location, than what it is designed for. In order to retain public credibility of this sign, it should only be used to warn of a playground ahead, as consistency in application is necessary. Using this sign for any other type of application will only serve to reduce driver awareness of it's intended use and as a result, drivers may disregard the sign when it is most needed. Working Together to Serve Our Communit MAY 3 0 2005 Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Disabled Child at Play Signage The City F aII s of Niagara FS Canada Date: May 6, 2005 Please find attached a couple of correspondences related to a recent request for special signage. Council members may be familiar with the Hollowell family, specifically Albert. Albert is a young man who suffers severe seizure disorders. He is ably assisted by his service dog, Magic. Albert's mother requested that a sign of some kind, possibly indicating Disabled Child at Play, be installed on their street. Jason McLean, staff person and Gary Taylor, committee member of the Mayor' s Disability Advisory Committee, did some research to find if there was a generally accepted standard sign to suit this request. Unfortunately, no such sign exists. Kim Craitor, M.P.P. is aware of the situation and sent in a letter supportive of some kind of signage. The letter was referred to the Disability Advisory Committee for comment. The Committee met in late April. The committee passed a motion supporting signage. (As an aside it should be noted that at no time was Ms. Hollowell guaranteed a sign by the Committee.) Karl Dren, Manager of Traffic Parking Services, has investigated signage. Unfortunately, Child at Play signs do not exist. The closest similar sign would be "Playground Ahead The Hollowells are beyond the 95 140 metre distance of where such a sign would go; therefore, the only option is to petition the technical committee of the Ontario Traffic Conference. Therefore, the Committee respectfully requests that Council consider passing the attached resolution. Working Together to Serve Our Communit i The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WHEREAS there are traffic signs that recognize a blind or deaf child at play; and WHEREAS there are no comparable signs for alerting motorists of other children with disabilities at play. THEREFORE BE IT RESOLVED that the technical committee of the Ontario Traffic Conference be urged to investigate the possibility of appropriate signage. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA ALDERMAN VINCE KERRIO CITY CLERK ACTING MAYOR March 21, 2005 Mayor Ted Salci and Members of City Council 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Salci and Members of City Council: Re: Lamont Avenue Request for "Disabled Child At Play" Warning Signs For the past year, I have been working with the Hollowell family to bring forward changes in the Provincial Legislation to allow "Service Dogs" access to facilities that currently only allow "Seeing Eye Dogs." Albert Hollowell is an eleven year old boy suffering from a severe seizure disorder. His service dog, Magic, is currently being trained to assist Albert with life skills. Albert's doctor wants him to be allowed to grow up and form independence and he wants him to be able to go outside to play. Brenda Hollowell approached members of the Accessibility Committee of the City of Niagara Falls for a "Disabled Child at Play" sign to be installed on Lamont Avenue. She was told she would have to approach the Traffic and Parking Services Manager, Karl Dren. Mr. Dren asked Ms. Hollowell to put the request in writing, which she did in April 2004. In December 2004, she heard verbally from members of the Accessibility Committee that approval had been obtained. She also spoke with you personally at the Tender Wishes Children's Christmas Party and you indicated that you were surprised that the sign had not been installed yet. Unfortunately, nothing had been received in writing. On March 7, 2005 she received the attached letter from Mr. Dren. While she recognizes that there may not be a specific "Disabled Child at Play" sign at this time, we would ask that Council consider installing a standard "Child at Play" sign which shows a child running after a ball, in addition to a reduced speed limit of 30 kms. A similar sign is currently in place near the Norton Plant. We would appreciate your considering the Hollowell family's request. Since ly, Kim Craitor, MPP Niagara Falls Kim Craitor, M.P.P. Niagara Falls Brenda Hollowell 8292 Lamont Avenue Niagara Falls, ON L2G 6V8 APR ED A QFFj 3930 Montrose Road, Unit 8, Niagara Falls ON, L2H 3C9 T (905) 357-0681 F (905) 357 -9456 E kcraitonmpp.co @liberal.ola.org Room 469, Main Legislative Building, Queen's park, Toronto ON, M7A IA4 T- (416) 325 -0790 F (416) 325- 0818 E kcraitnr.mpp @liberal.ola.org the City of Niagara Falls Canada Brenda Hollowell 8292 Lamont Avenue Niagara Falls, ON L2G 6V8 Community Services Department Municipal Works Traffic Parking Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafails.on.ca Tel: (905) 356 -7521 Fax: (905) 353-0651 E -mail: kdren ©city.niagerafalls.on.ca RE: Lamont Avenue Request for "Disabled Child At Play" Warning Signs Dear Ms. Hollowell: This letter is in reply to your request to install a "Disabled Child At Play" or similar sign in your neighbourhood to raise motorists' awareness of the presence of your son Albert Please be advised that staff has reviewed the feasibility of installing the above mentioned sign. Traffic signs installed within the City of Niagara Falls are those in accordance with the Ontario Highway Traffic Act regulations and the Ontario Traffic Manuals. This ensures uniformity of application and sign standardization. Currently, such a sign is not identified in either of the manuals noted. Acknowledging this, staff has contacted the technical committee of the Ontario Traffic Conference to assess the feasibility of including in the manual a generic warning sign similar to the one requested. Upon the technical committee carrying out a review of our request, we have been advised that due to the necessary research that must be conducted prior to including a sign in the manual, the process may take several years. However, the committee will continue pursuing this request. At this time, there is insufficient evidence to indicate that the presence of this warning sign will alter motorists' driving patterns. In fact, an unwarranted sign may provide a false sense of security. Therefore, until further information and research is carried out by the Ontario Traffic Conference technical committee, your request for the sign cannot be endorsed. Should you have any further questions, please do not hesitate to contact me. cc. Jason MacLean Dean Iorfida Tim [3 urshtein /M.Carrick S: \IPS\rPS 7.00 Traffic Engineering \TES 7.06 Signs \2005 \8292 Lamont Averue.wpd Municipal Works March 7, 2005 Yours truly, Karl J. Dren, C.E.T. Traffic and Parking Services Manager Ext. 4509 Working Together to Serve Our Community Fire Services Parks, Recreation Culture Ed Dujlovic, r Director of Munic Business Development 3. A dinner and silent auction/Film festival. All proceeds to go to the Breakfast Club. STAMFORD EXHIBITION (June 4, 2005) June 4, 2005, Stamford Collegiate is celebrating an exhibition/community day that will be a precursor to our 150t anniversary in 2007. The EXPO is actually 3 separate events set up on the same day. 1. A carnival for the community and our students, sponsored by business and the tech department. This activity will also include a skateboard championship, on -site, using equipment built by the Stamford students. 2. An open house and Student Product Sales including art, plants, wood -work and metal- work furniture. We are looking to make a brief presentation to council with a power point presentation. We are inviting the Mayor and members of council to participate by volunteering for our dunk tank event. MAY 30 20D4 la The City of Finance Division 4310 Queen Street Niagara Fall p.0. Box 1023 Canada Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Members: Corporate Services Department City of Niagara Falls Tax Rates Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden @city.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of Municipal Council City of Niagara Falls, Ontario May 30, 2005 Re: F- 2005 -23 -2005 Property Tax Rates RECOMMENDATION: That Council approve the 2005 Property Tax Rates. BACKGROUND: F 2005 23 Kenneth E. Burden Director The Regional Municipality of Niagara has approved the 2005 tax ratios and tax rates. In addition, the Province of Ontario has established educational tax rates for 2005. The City is now in the position to establish its tax rates and to proceed with the Final 2005 Billing for the non capped property classes. This report provides for Council, the City's 2005 property tax rates. The 2005 tax levy is $40,263,300 ($37,934,900 for 2004). The General taxation portion of this total levy is $34,929,400 ($32,911,500 for 2004); the Urban Service Area taxation portion is $5,333,900 ($5,023,400 for 2004). Corresponding tax rates based on these levies are provided in the following chart. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 30,2005 Waste Management Tax Rates City of Niagara Falls F- 2005 -23 The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has determined the costs of this service for 2005 to be 5,241,842. To fund this expense, the City collects the taxes from the residents using a separate tax rate. The chart below provides a comparison of tax rates used in 2004 to the recommended rates for 2005. 2004 2005 Tax Rates City of Niagara Falls General Urban Service Area Combined General Urban Service Area Combined Residential 0.472442% 0.076010% 0.548452% 0.487553% 0.078391% 0.565944% Multi- Residential 0.991656% 0.159546% 1.151202% 1.023375% 0.164543% 1.187918% New Multi- Residential 0.472442% 0.076010% 0.548452% 0.487553% 0.078391% 0.565944% Commercial Occupied 0.785246% 0.126337% 0.911583% 0.810363% 0.130294% 0.940657% Commercial Vacant Unit 0.549672% 0.088436% 0.638108% 0.567254% 0.091206% 0.658460% Commercial Vacant Land 0.549672% 0.088436% 0.638108% 0.567254% 0.091206% 0.658460% Industrial Occupied 1.476708% 0.233365% 1.710073% 1.472609% 0.236793% 1.709402% Industrial Vacant Unit 0.959860% 0.151687% 1.111547% 0.957196% 0.153916% 1.111112% Industrial Vacant Land 0.959860% 0.151687% 1.111547% 0.957196% 0.153916% 1.111112% Large Industrial Occupied 1.626094% 0.256972% 1.883066% L472609% 0.236793% 1.709402% Large Industrial Vacant 1.056961% 0.167032% 1.223993% 0.957196% 0.153916% 1.111112% Pipelines 0.671813% 0.108087% 0.779900% 0.693301% 0.111472% 0.804773% Farmlands 0.118111% 0.019003% 0.137114% 0.121888% 0.019598% 0.141486% Managed Forests 0.118111% 0.019003% 0.137114% 0.121888% 0.019598% 0.141486% Farmlands Awaiting 0.354332% 0.057008% 0.411340% 0.365665% 0.058793% 0.424458% Development I Farmlands Awaiting 0.472442% 0.076010% 0.548452% 0.487553% 0.078391% 0.565944% Development II May 30,2005 Waste Management Tax Rates City of Niagara Falls F- 2005 -23 The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has determined the costs of this service for 2005 to be 5,241,842. To fund this expense, the City collects the taxes from the residents using a separate tax rate. The chart below provides a comparison of tax rates used in 2004 to the recommended rates for 2005. Property Class 2004 Waste Management Tax Rate 2005 Waste Management Tax Rate Residential 0.075026% 0.073092% Multi Residential 0.150053% 0.153421% New Multi- Residential 0.075026% 0.073092% Commercial 0.121145% 0.121487% Excess land 0.084801% 0.085041% Vacant land 0.084801% 0.085041% Industrial 0.249410% 0.227624% Excess land 0.162116% 0.147955% Vacant land 0.162116% 0.103937% Large Industrial 0.274641% 0.227624% Excess land 0.178517% 0.103937% Pipelines 0.100093% 0.103937% Farmlands 0.018757% 0.018273% Managed Forests 0.018757% 0.018273% Farmland Awaiting Development I 0.056270% 0.054819% Farmland Awaiting Development II 0.075026% 0.073092% May 30,2005 The Appropriations and Levying By -laws are prepared for Council's adoption, should Council approve the recommendation. These By -laws authorize the preparation and sending of Final Tax Notices. Appendix A shows the summary of tax rates for each classification and for all levies. Prepared by: Todd Harrison Manager of Finance Recommended by: K.E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services 3 Respectfully submitted: ohm MacDonald Chief Administrative Officer F- 2005 -23 Assessment Property Class 1 Residential/ Farm Multi- residential New Multi -residential Commercial Occupied Vacant Unit Vacant Land Industrial Occupied Vacant Unit Vacant Land Large Industrial Occupied Vacant Pipelines Farmlands Managed Forests Farmland Awaiting Dev I Farmland Awaiting Dev II Code City RT MT CT /ST /DT CU /SU /DU CX IT IU IX LT LU PT FT TT CITY OF NIAGARA FALLS 2005 Tax Rates General Rates Waste Mgmt Region Schools 0.487553% 0.073092% 0.760463% 1.023375% 0.153421 1.596209% 0.296000% 3.069005% 0.487553% 0.073092% 0.760463 0.296000% 1.617108% 0.810363% 0.121487% 1.263965% 0.567254% 0.085041% 0.884775% 0.567254% 0.085041% 0.884775% 1.472609 0.227624% 2.244231% 0.957196% 0.147955% 1.458751 %I 0.957196% 0.147955% 1.458751% 1.472609% 0.227624% 2.244231% 0.957196% 0.147955% 1.458751% 0.693301 0.103937% 1.081377% 0.121888 %1 0.018273% 0.190116% 0.121888 0.018273% 0.190116% 0.296000% 1.617108% 1.741881% 1.219317% 1.219317% 3.142007% 2.042305% 2.042305% 3.142007% 2.042305% 1.541532% 0.074000% 0.074000% 0.365665% 0.054819% 0.570347 0.222000% 0.487553% 0.073092% 0.760463% 0.296000% J Total 3.937696% 2.756387% 2.756387% 7.086471% 4.606207% 4.606207% 7.086471% 4.606207% 3.420147% 0.404277% 0.404277% 1.212831%1 1.617108% Appendix A Urban Urban Service Area Service Area Rate Total 0.078391 1.695499% 0.164543% 3.233548% 0.078391% 1.695499% 0.130294% 0.091206 0.091206% 0.236793% 0.153916% 0.153916% 0.111472% 0.019598% 0.019598% 4.067990% 2.847593% 2.847593% 7.323264% 4.760123% 4.760123% 0.236793 7.323264% 0.153916% 4.760123% 0.423875% 0.423875 0.058793% 1.271624% 0.078391% 1.695499%1 The City of Niagara Fall Canada Members: RECOMMENDATION: BACKGROUND: Surrounding Land Uses Corporate Services Department PD- 2005 -34 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 Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario May 30, 2005 Re: PD- 2005 -34, Zoning By -law Amendment Application AM- 13/2005, 8123 Lundy's Lane Applicant: Chiardome Properties Inc. Addition of Office, Medical Clinic, Printing Shop and Dry Cleaning Establishment It is recommended that Council approve the application to amend the Zoning By -law to permit an office, medical clinic, printing shop and dry cleaning establishment within the existing plaza. Chiardome Properties Inc. has requested an amendment to the Zoning By -law for a 0.97 hectare (2.4 acre) parcel of land known as 8123 Lundy's Lane, as shown on Schedule 1. The amendment is requested to permit an office, a medical clinic, printing shop and dry cleaning establishment in the existing plaza. No new development is proposed. Site specific zoning provisions #691) were added to the land's Tourist Commercial (TC) zoning earlier this year to permit a billiard hall to be established on the property. The applicant is requesting further site specific provisions to be added to the zoning of the land to permit the above noted uses in the existing plaza. To the west and south are commercial uses, including motels, a coffee shop and plazas. Some legal non conforming dwellings lie to the east of the land. To the north is a residential subdivision. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 30, 2005 PD- 2005 -34 Circulation Comments Regional Municipality of Niagara The proposed additional uses are consistent with the mix of tourist commercial and general commercial uses that have developed along Lundy's Lane. Regional Planning staff has no objection. Municipal Works No objection. Building By -law Services All required tenant building permits to be obtained prior to any proposed construction. Fire Services No objection. Planning Review 1. The proposal complies with the intent and the purpose of the Official Plan. The land is designated Tourist Commercial in the Official Plan and is part of the Lundy's Lane Satellite District. This district is intended to provide small to medium scale retail and commercial uses that serve both City residents and tourists. A small -scale plaza has recently been built in accordance with these Official Plan policies. A range of uses serving the tourist and surrounding community is already permitted and the addition of these uses will complement this role. The additional uses being sought are ones typically found in aMinor Commercial district that serves the surrounding community and are appropriate for the Lundy's Lane Subdistrict as well. 2. The proposed zoning amendment is appropriate. The owner is requesting the addition of a limited range of uses, including an office, a medical clinic, a printing shop and a dry- cleaning establishment, to the list of permitted uses for the land under the existing TC -691 zoning. The requested uses will complement the wide range of uses already permitted on the land and will provide additional services to the surrounding community. Earlier this year, Council passed an amending by -law (By -law No. 2005 -12) to permit a billiard hall with an area of 200 square metres (2,150 sq. ft.) in this plaza. For ease of interpretation, the amending by -law to permit the new uses will repeal By -law No. 2005 -12 and include the approved billiard hall in the new by -law. CONCLUSION: 1. The requested amendment can be supported for the following reasons: the proposed uses conform with the intent and purpose of the Official Plan and support the role of the Lundy's Lane Satellite District to provide retail and commercial uses for City residents, as well as tourists; and May 30, 2005 2. The amending by -law will add the requested uses to the list of uses permitted for the property and will incorporate the earlier approved zoning by law permitting the billiard hall on the land. Prepared by: Andrew Bryce Planner 2 Reconunended by: Approved by: AB:gd Attach. the proposed uses will provide additional services to the surrounding community. Doug Darbyson Director of Planning Development T. Ravenda Executive Director of Corporate Services 3 PD- 2005 -34 Respectfully submitted: S:WDR\Z00SPD2005 -34, AM -13 -05, Chiardome Properties, 8123 Lundy'sLn.wpd ohn MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP 1111111111 1111111 HARVEST CRES pm\ SPRING BLOSSOM DR cr AIIII LUNDYSLANE Amending Zoning By -law No. 79 -200 Location: 8123 Lundy's Lane Applicant: Chiardome Properties Inc. K: \GIS Rttryats \2005 \Schedules 'zoningAM\ AM-13 mapping. apr AM- 13/2005 S I:NTS A pnl 2005 SCHEDULE 2 Ett e7. May 9, 2005 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson: Orchard Grove Motel Limited RR 2, 1701 Thorold Townline Road. Niagara Falls, On 12I; 6S5 905 371 -3717 Attention: Doug Darbyson, Director of Planning Development Re: Zoning By -law Amendment City File: AM- 13/2005 8123 Lundy's Lane, Niagara Falls We are in receipt of your revised Notice of Public Meeting with respect to the matter noted above and wish to advise that, notwithstanding the revision to the application, we have no objection to the issue under consideration and, in fact, fully support the application. Trusting you find this to be in order, 1 remain, Yours truly, ORCHARD GROVE MOTEL LIMITED Eric L. Henry Secretary- Treasurer c: Chiardome Properties Inc. RECEIVES` MAY, 1 1 20:5 PLANNIN1.: DEVELOPM" The City of Niagara Falls Canada His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: Corporate Services Department PD 2005 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 30, 2005 Re: PD- 2005 -35, Zoning By -law Amendment Application AM- 23/2004, 4848 to 4960 Clifton Hill 5383 to 5385 Robinson St. Applicant: HOCO Limited Proposed Amusement Midway and Entertainment Complex and 28- Storey Hotel 1) Council approve the application to amend the Zoning By -law to permit an amusement midway and entertainment complex and a 28- storey hotel and ancillary waterpark; and 2) the amending by -law contain provisions to: restrict the location of the midway and entertainment complex to the 3.7 hectares (9 acres) next to Clifton Hill; permit a maximum of 20 amusement rides including one 53 metre (175 foot) Ferris wheel, two roller coasters, one with a maximum height of 31 metres (101 feet) and one with a maximum height of 18 metres (60 feet) and a revolution amusement ride with a maximum height of 22 metres (72 feet); and, permit the proposed hotel and ancillary waterpark subject to the general design shown on Schedules 2 and 3 and a maximum height of 28 storeys and 110 metres (360 feet) with a roof feature; 3) an agreement under section 37 of the Planning Act to secure streetscape improvements on the abutting streets and Grand Boulevard be executed prior to adoption of the amending zoning by -law; and 4) Council direct staff to organize an ad hoc committee comprising of Council members, the Niagara Parks Commission and abutting landowners to study proposals for the Jolley Cut, the extension of the First Nations Trail into Queen Victoria Park and connections from the site to Ferry Street. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 30, 2005 PD- 2005 -35 BACKGROUND: HOCO Limited has requested an amendment to By -law No. 79 -200 for the lands known as 4848- 4960 Clifton Hill and 5383 -5385 Robinson Street, as shown on Schedule 1. The amendment is requested to permit the following: An indoor /outdoor amusement midway and entertainment complex with a total area of 3.7 hectares (9 acres) on the lands south of Clifton Hill including a 53 metre (175 foot) tall Ferris wheel, a 31 metre (101 foot) tall roller coaster, an 18 metre (60 foot) tall roller coaster, a 22 metre (72 foot) revolution ride; and various smaller mechanical amusement rides, indoor and outdoor attractions and restaurants; and A 28- storey, 110 metre (360 foot) tall hotel with 294 guest rooms and an ancillary water park, near the south end of the lands. The proposed hotel and midway /entertainment complex are illustrated on Schedules 2 and 3. The lands are zoned Tourist Commercial (TC) under Zoning By -law No 79 -200, which restricts buildings and structures to 12 metres (39.3 feet) in height and does not permit Ferris wheels or other mechanical amusement rides. Site specific provisions are requested to be applied to the lands to permit the requested rides, attractions and the hotel. In addition to these uses, the owner proposes an expansion to the Great Canadian Midway building and a second retail/commercial building fronting onto Clifton Hill. These expansions are proposed under existing zoning regulations with the exception of a height exemption for a 21 metre (69 foot) tower feature as part of the midway building. This application was submitted in May 2004. The initial submission included a third roller coaster and a shorter, but more massive hotel. The Architectural Peer Review (APR) Panel expressed a number of concems with the proposal, including concerns that the hotel did not meet the built form guidelines of the Official Plan and the Tourism Policy Review Implementation Handbook, the project lacked a First Nations Trail along the easterly edge of the property and questioned the appropriateness of the midway and its impacts on surrounding lands. The applicant has since revised the hotel design to address the applicable built form guidelines, added the First Nations Trail, deleted the proposed roller coaster adjacent to Clifton Hill and replaced it with a commercial building and has submitted noise and visual analysis studies to support the proposed midway. The revised proposal is attached as Schedules 2 and 3. The applicant has met with the APR Panel on numerous occasions to rectify its concerns. Surrounding Land Uses Queen Victoria Park lies to the east of the site, while the Jolley Cut is to the south. To the west is a mix of tourist commercial uses and parking lots. To the north lies the Clifton Hill subdistrict. Circulation Comments Parks, Recreation Culture Note the submission of a concept plan for the Jolley Cut. Acknowledge that it is desirable for the Jolley Cut to be improved. Further discussions are needed between the May 30, 2005 3 PD-2005-35 2% cash -in -lieu of parkland ded Municipal Works There are adequate underground services to service the development. Services and Grand Boulevard linkages will be further reviewed at the site plan stage. To alleviate congestion on Clifton Hill, the applicant proposes an on -site traffic management plan that would direct traffic to Robinson Street during peak times of congestion. Scheduled road improvements to Robinson Street are needed to accommodate this development and other developments. The applicant has satisfactorily demonstrated, through his traffic consultant, that 150 spaces is an adequate requirement for the outdoor midway component of the development. Niagara Parks Commission Has concerns about the proposed Jolley Cut Promenade and does not support it at this time. Regional Municipality of Niagara Planning comments pending. Do not anticipate any servicing constraints with Phase 1 of the development (Midway Entertainment Centre). However, there is some concern about the ability of the Bender Hill Sewage Pumping Station to accommodate all future developments in the tourist area. In this regard, low -flow appliances should be used in this development. Planning Analysis City, the abutting land owners and the Niagara Parks Commission to advance the proposal. cation is applicable. Special measures may be necessary to reduce the potential damage to the top of the slope adjacent to the proposed extension of the First Nations Trail. 1. The midway /entertainment complex does not offend the Official Plan. The 12.5 hectare (31 acre) site is one of the largest holdings in the City's Central Tourism District. It is designated Tourist Commercial and straddles two subdistricts. The northern half of the land (the midway entertainment complex and existing hotels, restaurants and attractions) falls under the Clifton Hill Subdistrict, while the southern half of the land (hotel and parking) falls under the Fallsview Subdistrict. May 30, 2005 PD- 2005 -35 Large -scale "thrill" style attractions /amusements are generally directed to Marineland and lands designated for resort commercial development south of the Welland River. There are a number of reasons for this direction, including mitigating noise and visual impacts these rides can have on abutting lands, Queen Victoria Park and the skyline. In addition, these uses typically need extremely large parcels of land to accommodate the equipment and the associated parking. The Clifton Hill Subdistrict is intended to be the commercial and entertainment centre of the tourist core and is intended to have a festive atmosphere with numerous attractions and other tourist related uses. The applicant retained a land use planning firm (Walker, Nott Dragicevic Ltd.). to assess the conformity of the midway with the intent of the Official Plan. The supporting arguments presented are as follows: The noise and visual impact analysis (discussed in detail later) concludes that the midway will not have an adverse impact on adjoining lands, most notably Queen Victoria Park and the Falls area. The site has long been used for a range of entertainment facilities and attractions including the large -scale Tower Ride. The new attractions represent an extension of these uses. The size of the proposed midway is much smaller than amusement theme parks contemplated in the Theme Park and Resort Commercial designations. The midway has an area of 3.7 hectares (9 acres), while amusement parks contemplated in these other designations would have areas greater than 40 hectares (100 acres). The Resort Commercial and Theme Park designations (including Marineland) represent regional large -scale attractions that tend to draw visitors from a long distance for full day visits. The Clifton Hill Subdistrict, as a whole, although more of a multiple use area than these other areas, functions as a regional attraction and the subject proposal is one component of this regional attraction. The large -scale amusement parks contemplated under the Resort Commercial and Theme Park designations are one -stop destinations. Due to its smaller scale and location within Clifton Hill Subdistrict, the subject proposal is intended to attract people on a "drop -in" basis for a shorter period of time as they visit other attractions in the Clifton Hill Subdistrict. The consulting planner questions whether this proposal could function alone without the attractions and activities in the Clifton Hill Subdistrict. The study concludes that the midway is different in nature and of a smaller scale than the large scale thrill rides directed to areas intended for the Resort Commercial and Theme Park designations and that the addition of this midway will improve the festive atmosphere contemplated for the Clifton Hill Subdistrict. Planning staff is in general agreement with the findings of this planning study and acknowledges the uniqueness of this development that may not have been contemplated when May 30, 2005 5 PD 2005 35 the tourism policies were adopted. It is definitely different in scale and nature than a theme park such as Marineland. The proposed park is intended to be an urban midway integrated with surrounding development. It is not unlike the Tivoli park in Copenhagen, Denmark, a park on which HOCO Ltd. is intending to base this development on. Planning staff accepts the noise and visual analysis that suggests there should be no adverse impacts on abutting land uses. In particular, the visual analysis, attached as Schedule 4, confirms that only the Ferris wheel and the hotel will be visible from the American side. Ferris wheels are experiencing a renaissance and have recently been developed in very prominent locations in London and Paris. A high quality Ferris wheel would add an interesting feature to the City's skyline. General concems about the noise and visual impacts of rides in the tourist core have been appropriately addressed. 2. The hotel complies with the intent and the purpose of the Official Plan. The Fallsview Subdistrict is intended to be developed for large -scale accommodation and attraction uses such as the proposed hotel and waterpark. In addition, high -rise buildings up to 30 storeys are permitted subject to the built form guidelines outlined in the Official Plan and detailed in the Implementation Handbook. As discussed below, the Architectural Peer Review is satisfied that the revised design of the hotel generally meets the built form criteria. Therefore, the hotel meets the intent of the Official Plan policies. In 1997, Council approved an application for a 22- storey, 500 room hotel for the same lands. This earlier proposal is now being replaced by a taller, but less massive, hotel with about 200 fewer rooms. 3. An Architectural Peer Review of the project has been satisfactorily completed. The Official Plan requires buildings over 10 storeys to be reviewed by the Architectural Peer Review (APR) Panel. In addition, given the significance and potential impacts of this project, the APR Panel also reviewed the midway and entertainment complex. Attached as Appendix "1" is the APR report. The Panel is largely satisfied with the project. Their comments are summarized as follows: The hotel podium is of an acceptable design and provides protection for pedestrians from wind impacts. Public uses on the podium frontage will engage pedestrians along the proposed First Nations Trail behind the hotel. The hotel is isolated from other high -rise buildings and will not contribute to a wall effect along the escarpment, nor will it obstruct views of other buildings to the west. Although the wind impact study is generally satisfactory, there is a potential for higher than acceptable winds at the hotel entrance and in certain areas of the outdoor water park and in the garden terrace on the east side of the building. These areas should be further studied at the site plan approval stage. May 30, 2005 PD- 2005 -35 There is a concern that the hotel "floats" on the property without a connection to a public street. In addition, the panel has some concem with the ability of adjacent roads to accommodate traffic from this development and other proposed developments in the area. Ideally, the panel foresees the need for a public road connecting Robinson Street (past the hotel) to Ferry Street. This would assist in implementing the City's tourism policies requiring hotels to be oriented to the street. Moreover, such a connection would improve traffic circulation to the property. The midway rides are adequately screened from Queen Victoria Park and do not impact the park visually (see Schedule 4). The proposed First Nations Trail (extending from Robinson Street north and between the hotel and waterpark and the escarpment) should be extended from its terminus at the northeast end of the hotel down into Queen Victoria Park, to ultimately terminate at Oakes Gardens. The Panel finds the applicant's proposal for the Jolley Cut to be provocative and encourages further discussions between stakeholders on matters such as design and implementation. Significant landscaping should be introduced along the Grand Boulevard to buffer the Boulevard from the large parking lot on site. Planning staff concurs with the findings of the Panel and acknowledges that the design of the hotel generally meets the intent of the built form guidelines contained in the Official Plan. A podium, mid and upper tower setbacks and a roof feature are all being provided in accordance with the guidelines. It is acknowledged that the hotel is isolated from a public street frontage. The development of the public road envisioned by the APR would require an off -site road link to Ferry Street. This requires further study and negotiation with other landowners. A public road through HOCO's lands cannot be secured at this time and should be explored in greater detail. Improving connections from and to the HOCO site is a matter that should be addressed independently from the application. City staff is investigating a Ferry Street connecting link with the HOCO lands as part of the Grand Boulevard study. Shadowing impacts are not directly referred to in the Panel's report. However, as shadowing is contained to the subject property except for limited periods in the late afternoon, shadowing impacts on Queen Victoria Park are not a concern. Planning staff disagrees with the APR panel's idea of extending "Ferry Cut" walkway into Queen Victoria Park. This walkway extension is not identified in the Official Plan. In the alternative, an extension of the First Nations Trail to Oakes Garden would be a more preferable pedestrian iink to the park. At the site plan approval stage, further mitigation of any wind impacts around the hotel will be reviewed as necessary. May 30, 2005 7 PD- 2005 -35 4. The Noise Analysis indicates that there will be no adverse impacts. Due to concerns that the amusement rides could have adverse impacts on surrounding areas and Queen Victoria Park, the applicant retained a noise consultant. The noise consultant measured the existing ambient noise levels on Clifton Hill, Victoria Avenue and Queen Victoria Park and compared it with the noise emanating from a similar roller coaster in Branson, Missouri. This study confirmed that the noise generated from the rides would be less than or equal to the existing noise levels on adjacent lands. This would be, in the consultant's opinion, within the acceptable levels of the Ministry of the Environment (MOE). To address an earlier concern raised by the APR regarding the noise of shrieks or yells from patrons on the rides, the noise consultants reviewed their findings further. It was noted that the analysis performed in Branson, Missouri actually captured the patrons' shrieks and these were factored into the above noted analysis. The consultant concluded these shrieks were very brief in duration and were not the dominant noise generated by the ride. Planning staff and the APR Panel were satisfied with these findings. 5. The requested zoning amendment is appropriate. The land is zoned TC. The applicant has requested site specific zoning provisions that would permit the midway and high -rise hotel as shown on Schedule 2. The amending by -law will cover the following matters: Limit the outdoor component of the midway complex to the land area proposed (3.7 hectares or 9 acres), permitting a maximum of 20 amusement rides (to provide some flexibility to the applicant for the final layout of the midway), permitting a maximum of one Ferris wheel, two roller coasters and one revolution ride, and limiting the height of the rides to that currently proposed by the applicant. Regulate the height, location, roof feature and built form components to ensure the hotel is built as proposed. Require minimum landscaping strips of 3 metres (10 feet) wide between parking uses on site and Robinson Street and the proposed Grand Boulevard. This buffer, combined with landscaped borders and islands in the parking areas and along access roads, should address the APR's concerns regarding buffering and parking areas from the Grand Boulevard. 6. An agreement is required to secure streetscape improvements. The Official Plan requires all proposed hotels over four storeys in height to be subject to an agreement, under section 37 of the Planning Act, to secure streetscape improvements on abutting streets. This agreement has to be secured prior to adoption of the Zoning By -law amendment. The site is bounded by extensive road frontages on Victoria Avenue, Robinson Street, Clifton Hill and the Grand Boulevard. Extensive streetscaping has been completed on Clifton Hill and Victoria Avenue by the applicant and completed areas should be exempt from further cash contributions. The cost of the streetscape improvements is to be determined prior to May 30, 2005 Final positioning and design of the rides; and CONCLUSION: 8 PD- 2005 -35 passage of the amending by -law. The cost of these streetscape improvements is estimated to be $600,000. 7. Site Plan Control will be applicable. At the site plan approval stage, the following matters will be addressed: Detailed design of the hotel, its elevations and roof feature and ancillary uses; Mitigation of wind impacts around the hotel, as discussed earlier; Landscape details, including walkway surfacing, plantings, berming and fixtures such as benches; Standard site plan matters such as access, parking lot layout, drainage and grading, servicing, fire access and protection, garbage storage and lighting. 8. Further review and negotiation are necessary to secure certain off -site pedestrian linkages. The applicant has proposed a comprehensive plan for the redevelopment of the Jolley Cut that could provide an attractive and important pedestrian link into Queen Victoria Park from the tourist core. The proposal is shown as Schedule 4. Further review and consultation with stakeholders (the City, Niagara Parks Commission and abutting landowners) is necessary to advance this proposal. It should be noted that the Niagara Parks Commission has expressed concerns about this proposal, suggesting alternatives will need to be explored. In addition, two other walkways proposed (Ferry Street link and First Nation Trail) would cross other lands, in particular the Marriott Courtyard property at 5950 Victoria Avenue and the Queen Victoria Park. Negotiations with the owners of these lands (Niagara 21S Group and Niagara Parks Commission) will be required to advance these connecting links. 1. The requested Zoning By -law amendment for a 28- storey hotel, midway and entertainment complex can be supported for the following reasons. The proposed hotel meets the built form requirements contained in the Official Plan and implementing design guidelines; The proposed midway and amusement complex does not appear to create any adverse noise and visual impacts on adjacent lands or the skyline, is of a modest scale, integrates with the rest of the Clifton Hill Subdistrict and complements the festive nature of this Subdistrict; and The proposal has been satisfactorily reviewed by the Architectural Peer Review Panel, subject to certain matters being secured through site plan approval. May 30, 2005 9 PD- 2005 -35 2. The amending by -law will regulate the height, location and building components of the hotel, the number and height of the rides and the size of the overall midway, and will require provision of landscaping strips abutting street frontages. 3. A section 37 agreement will be executed prior to adoption of the amending zoning by -law to secure streetscape improvements on various abutting street frontages. 4. Pedestrian linkages proposed on off -site lands have the potential of improving pedestrian movement and are reflective of Official Plan policies. Further review, development and negotiations of the proposed Links by an ad hoc committee are recommended to be undertaken. Andrew Bryce Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: dtAydv T. Ravenda Executive Director of Corporate Services AB:tc Attach. Respectfully submitted: John MacDonald Chief Administrative Officer SAPDR\2005 \PD2005 -35, AM23 -04, HOCO, 4848 -4960 Clifton Hill 5383 -5385 Robinson.wpd Subject Land SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Location: 4848 to 4946 Clifton Hill and 5383 to 5385 Robinson Steet Applicant: HOCO Limited K: \GIS_Rtyuats\10 W VScAcdula\ZonmgAM AM- DMappmgapr AM- 23/2004 N s I:NTS ApnI 2005 P n OGR A M SUMMARY/ P REd➢REEMENT elm wencEto is 03 unmmir.a LOIOVILIIV I ti g sl PEE SCHEDULE 2 0. 0 0 U Zt w u1 w w z 0 P z 0 w w z 0 0- o o o 0 O IN o w C O O 0 r z N E gQ b n w 0 re E- z a H S N w 7 O 00 d Uu g 0> OU K w w U i �99999999999999999999999999�� rt-r milli Hi' IIIIIIIIIIIIIII 11 1 1 !1 I t MINIM :1:1:1: MINIMIN ll SCHEDULE 3 I! 1!! .1 .19:198 I L7 i j 4QQQOOQ P�I�'17 a]�Q�O�O{1 n:❑ 0=0 0 n..0 O 1 00 o nu ®Q O 00 O 0 0 0 •1l •1n 0 O 0 0 0 D n a mm 9 i1 i noop0RnoodofauDInooQlnDmoon d 1 J 0 a w -J w A Og 1 1 I 11 {1 !I R 1 11 111 AM- 23/2004 4950 Clifton Hill Peer Review Report The Comfort Suites Hotel HOCO Entertainment and Resorts APPENDIX 1 Project Site The HOCO Development application is comprised of a number of facilities and improvements arrayed over a very large site bounded by Clifton Hill, the Escarpment and Queen Victoria Park, Robinson Street and the Jolley Cut, and the Grand Boulevard corridor. It is arguably, with the Skylon Properties, Niagara Falls' most important underdeveloped site. Project Scope The application entails the development of an outdoor entertainment park including a ferris wheel and a roller coaster; a 30 storey hotel with an associated waterpark; and improvements to the Jolley Cut. The site is divided conceptually between the outdoor entertainment facilities in its northern half and the hotel and its associated facilities in the southern part of the site. The site is held together by extensive on -grade parking in the western part of the site, local roads and portions of the escarpment trail. Project Issues The following project issues have been implicit to, and explicitly discussed, since the submission of the application; several issues have now been satisfactorily answered by subsequent submissions. 1. The Hotel Design The hotel designed was deemed to be under developed and not at a suitable architectural standard for approval. 2. Entertainment Equipment Visual Concern was expressed as to the visibility of the ferris wheel and roller coaster from Queen Victoria Park and Niagara Parkway. 3. Entertainment Equipment Noise The noise associated with the equipment and its occupants (screaming) were deemed to be a potential problem for the tranquility of Queen Victoria Park and the Niagara Parkway. 4. Site Accessibility As a practical matter, access to the site depends entirely on Robinson Street, a worrisome idea which we deemed fragile. A Ferry Street connection was much desired. 5. Intra -Site Circulation The length of the site would, in other jurisdictions, cause a sub division plan with a street and utility infra structure to guide the long term development of the site. Such a structure understandability, provide address for buildings, and assure public access and passage. A central north /south street with connections at Ferry, Robinson and Clifton Hill was viewed as necessary. 6. The First Nations Trail The First Nations Trail is an important historical "portage" route. It has been provided at the casino and for the Skylon property, it is city policy in its planning documents, and it should be included here. A project of this importance, all would agree, should be done at a high standard and in coordination with City Initiatives. In fact the project spins off several city obligations or needs for coordination. These will be listed at the conclusion. Building Design The proposed hotel is the product of a positive evolution in design. The building design is a substantial improvement over the two versions previously submitted for review. 1. Positive Base Building Principle Achieve a positive base interface between vertical building and street elements through build -to lines, setbacks, edge treatments, weather protection, transparency, proportion and scale. "Recognizing that taller buildings will continue to be developed within the tourist district, all development proposals should have a clearly defined building base designed to animate and define public streets with active uses, such as retail store fronts, galleries, hotel lobbies, high quality landscaped courtyards, mid block connections, and provide activities that contribute positively to the success of the adjacent street" Implementation Handbook, Pg. 13 Although the building base is less than the recommended 4 storeys it is deployed as a street structure and provides an acceptable base for the building and downdraught wind protection. The west side of the building has an inactive facade with only reception and staff lounge of an interest to the street. Substantial facade treatment and landscaping would seem to be mandatory on this elevation and should be secured at Site Plan. See Appendix A -1 2. Public Realm at Grade Principle Achieve an upgraded pedestrian environment through high quality streetscape, planting and fumiture and signage. "High quality private developments which compliment and enhance the public realm should be encouraged. To do this council shall establish a set of built -form regulations consistent with Section 4.1.21 of this plan" OPA 26 Policy 4.4.1 The building is positioned well in that it forms a street front and is set back in a coordinated way from the escarpment, providing "public uses" along the First Nations Trail. See Appendix A -2. 3. Sky View Principle 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. The building is the only tall structure for an extended distance between hotels proposed south of the Jolley Cut and buildings at Clifton Hill. It poses no problem in terms of sky view. See Appendix A -3. The width and depth of the building produces a 1:17 floor plate ratio which we find meets the intent of the Implementation Handbook. 4. Skyline Height Principle The official plans set the maximize 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 slendemess 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. The building is a tall building in an area of low and mid -rise buildings. As such it provides verigation in height in its area. In the future because of its singularity in an easterly position this will probably remain so. 30 Storey buildings to the west will be perceived as lower from the Queen Victoria Park. See Appendix A-4. 5. Niagara Falls Views and Vistas 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. The building has an excellent prospect of the park, river, and falls; among the best in the city. See Appendix A -5. Its position will not obstruct views of other buildings to the west because of its singular nature and because angles and distances to sites to the west. 6. Positive Micro Climate Principle 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. The RWDI report identifies several wind problems associated with the development. "Standing" comfort is the minimum acceptable general standard which is not achieved at the hotel entrance. "Sitting" comfort is the appropriate standard for the Garden patio and outdoor waterpark; neither is achieved with the current design. RWDI suggests several serious remediation tactics that will be necessary to achieve an acceptable outcome. To this we would add concern about the Native Trail which should be tested for at least a standing standard. Prior to any Site Plan approval a detailed design should be developed and evaluated demonstrating acceptable wind- conditions for the project with a subsequent RWDI report supporting the plan. 7. Parking and Circulation 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. Because of the size of the site and its early stage of development it seems unnecessary to require structured parking at this time; however prudent it might be for the owner. For the site to eventually realize its potential in Niagara Falls, structured parking will be necessary. We predict other hotels and ultimately housing developers will be interested in this site, although the owners show no current intent of this nature. Site access, transportation studies notwithstanding, are a serious concern for the intended development, never mind, a more diverse and intensified future. Robinson will become very problematical when the Skylon Site is fully developed and revitalized; three additional hotels are built and HOCO Entertainment functions are fully active. If this hotel, by itself, is not a problem, full build out will be. An additional connection in the vicinity of Ferry Street would seem a city imperative. HOCO is not averse to such a connection and is showing pedestrian access at that point. See Appendix A -7. Site Development Structure The current proposal for the project cannot be seen as a discreet building on a street as is typical of most hotel proposals. The hotel "floats" within a large site and is situated on a parking lot roadway which, in turn connects to a road along the Grand Boulevard which has controlled access and a single point of connection at Robinson Street. In addition to leaving the hotel disconnected from any street, finding it could be obscure for first time visitors. This situation could be greatly relieved by transforming the parking lot roadway on which the hotel is located into a street which in turn connects directly to Robinson on one end loops up to Ferry at the site mid -point and has a safety value connection to Clifton Hill. Usually sites of this scale which are in the process of intensification prepare a Site Development Plan or a Subdivision Plan to assure the orderly provision of services and access; including utilities and streets. At the minimum the preparation of such a plan would confirm the servicing and access and intended parcel configuration (subject to revision) for the site for its future build out. We recommend that the City address this question for the subject site. The parking lot, hotel, amusement park and future development would all have a street front connection to this street. This change can be accomplished without revisions to the hotel or amusement park proposals. The city must use its good offices to secure a Ferry Street connection for the benefit of the district and city at large (see Figure 1). The Native Trail The First Nations Trail is a major cultural asset for Niagara Falls. The escarpment promenade at the casino hints at its value; Skylon has agreed to provide a similar trail in its site development. We have worked with the proponent to secure a comparable provision for the HOCO site and it is agreed for the section from the Ferry extension to the Jolley Cut. The problem is to the north, where it is difficult to resolve and perhaps is not appropriate in any event, to attempt an escarpment trail connection through the Midway area with its service facilities (through to Clifton Hill in its retail core). It is perhaps more poetic and appropriate to provide a connection east of the HOCO Lands, down the escarpment of a lazy slope arriving at Queen Victoria Park in the vicinity of Falls Avenue, and terminating at the formal Oakes Gardens. Such a route would then exist from Portage Road to Oakes Gardens looping out along the escarpment edge with periodic clear views to the Falls; an extraordinary situation. Given the termination at the elegant Oakes Gardens this idea in this application seems ironically poetic (see fig. 2). The Native Trail need not be animated or continuously fronted by buildings. It is a sublime route which offers special views to strollers and cyclists. Midway Impacts The proponents have provided view and noise studies of the ferris wheel and rollercoaster. We are satisfied that the views are adequately screened from the park and parkway, particularly in tourist season, when better vegetation exists. Sound studies cannot be authenticated by the Peer Review Panel, particularly concerning piercing screams from patrons on the rollercoaster. The city may wish to have this question reviewed by an independent acoustic consultant. Without doubt, the experience of visitors to Queen Victoria Park should be a sublime experience. It is part of the heroic pilgrimage offered by the falls. This is a question affecting the central and northern end of the park since the roar of the Falls themselves obscures background noises in the southern area of the park. Jolley Cut The proponent has shown revitalization of the Jolley Cut as an important part of his site improvements and suggested willingness to help finance the improvements if undertaken. They are prepared to work with the City to realize this potential. The Grand Boulevard The Site Plan proposes that the principal site access street be places along the Grand Boulevard. Instead, until development occupies these lands, major landscaping should be provided along this edge for the amenity and security of the Grand Boulevard. Ferry Cut All of the studies conducted by Niagara Falls in recent years include a proposal for a Jolley Cut type access to Queen Victoria Park through the site. These include TADS, Open Spaces Studies and recent Implementation Handbook. This connection may or may not be currently possible from the Parks Commission Perspective. This potential of such a connection through this site should not be foreclosed without debate. The proponent may be asked to agree Conclusions to such a connection in the future should the City and Parks Commission desire one. OP 26, Part 2 4.3.13 New and improved pedestrian connections shall be developed between Queen Victoria Park and the top of the escarpment (as generally indicated in Figure 3). 1. The hotel proposal is accepted as proposed. Its design should be secured in Site Plan. 2. The site access structure remains problematical. In our view an altemative road plan should be provided. The city should assist in securing a Ferry Street connection. 3. The proposals of the proponent for the Jolley Cut are provocative. A working group should explore issues of design, finance and implementation with adjacent land owners. 4. The First Nations Trail is a potentially fundamental Niagara Falls cultural and civic asset. A working process between the Proponent, City and Parks Commission should be engaged. The dimension and quality of the trail, comparable to that at the casino should be secured at site plan. 5. A planning report should be sought commenting on the Ferry Cut option. 6. The micro climate (wind) for the building is problematical. A proof of acceptability should be provided at Site Plan to achieve approval. J. MICHAEL KIRKLAND, CHAIR TREVOR GARWOOD JONES JAMIE DOUGLAS 4) NATIVE TRAIL FIGURE 2 The City of Niagara Falls Canada F Members: It is recommended that: BACKGROUND: Corporate Services Department PD- 2005 -36 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalis.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning@clty.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario May 30, 2005 Re: PD- 2005 -36, Zoning By -law Amendment Application AM- 11/2005, 4554 and 4564 Montrose Road Applicant: Altieri Building Supplies Limited Proposal to Join Two Lots into One Parcel for the Purpose of Providing Required Parking RECOMMENDATION: 1) Council approve the Zoning By -law amendment application to join the two Lots into one parcel for the purpose of providing required parking on either of the two lots; and 2) the amending by -law incorporate the site specific provisions from previous minor variance and zoning approvals AND FURTHER THAT LANDSCAPING PROVISIONS BE NEGOTIATED THROUGH THE SITE PLAN PROCESS SUBJECT TO EVENTUAL COUNCIL APPROVAL. Alfieri Building Supplies Limited and Nicola Altieri have requested an amendment to the Zoning By -law for the lands known as 4554 and 4564 Montrose Road, totaling 0.8 hectares (2 acres) in area, as shown on Schedule 1. Industrial developments exist on the two lots, as shown on Schedule 2. The applicant is seeking to link or "many" the lots into one parcel for the purposes of providing the required parking for the existing development and a proposed addition to Alfieri Building Supplies Limited. The lands are zoned Light Industrial (LI) in part and Light Industrial -323 (LI -323) in part. Site specific provisions are requested to allow required parking for the development to be located on either one of the two lots. Working Together to Serve Our Community Clerks Finance Human Resources Intormatlon Systems Legal Planning Development May 30, 2005 PD- 2005 -36 Site specific By -law No. 93 -96 permits a building material sales establishment on 4564 Montrose Road. hr addition, a minor variance granted by the Committee of Adjustment (A- 36/2000) permits a reduced exterior side yard setback (Industrial Street frontage) of 4.0 metres (13 feet) from the standard setback of 7.5 metres (25 feet). Surrounding Land Uses The property is surrounded by industries to the east, north and south and is adjacent to residential uses to the west. Circulation Comments Municipal Works No objection. Further plans (conforming to OPSS and City standards) to be submitted to the City to show how drainage will be dealt with on site at the site plan stage. Further details on the existing and proposed loading operations and location of loading doors to be provided at the site plan approval stage. Gated entrances to swing inward from the road allowance. Building By -law Services All building permits to be obtained prior to construction. Parks, Recreation and Culture No objections. Fire Services No objections. Planning Analysis 1. The proposal complies with the intent and the purpose of the Official Plan. The lands are designated Industrial in the Official Plan which permits the building material sales outlet and various industrial uses located on the lands. Provision of the required parking on either of the two lots will allow for further development of the property. The Official Plan also promotes high quality developments with generous provisions for landscaping, building setbacks and on -site amenities. The site is deficient in this regard. Any further zoning approval to intensify the use of the site should be based on increasing the landscaping along street frontages. 2. The requested zoning amendment is appropriate. The land is zoned LI in part and LI -323 in part. Special Provision No. 323 permits a building material sales establishment. The requested amendment would permit a proposed expansion to Altieri Building Supplies as parking would be provided on the adjacent lot once the parcels are "married" through the zoning by -law. For administrative purposes, the proposed by -law amendment should also incorporate former minor variance approvals that were granted by the Committee of Adjustment and zoning May 30, 2005 -3 PD- 2005 -36 CONCLUSION: 1. The request maintains the intent and purpose of the Official Plan with respect to orderly development in industrial areas and, therefore, can be supported provided landscaping improvements along street frontages are secured. 2. It is recommended that the zoning by -law incorporate previous zoning and Committee of Adjustment approvals and include provisions to increase landscaping along Industrial Street. Pre AB:tc Attach. provisions that were approved by Council. These include: Existing building setbacks from Montrose Road of 5.5 metres (18 feet) should also be recognized. The City is actively promoting the greening of older industrial districts as development and redevelopment is proposed. The lack of landscaping on the property, particularly along the Industrial Street frontage, is an outstanding concern. The Zoning By -law requires 66% of the required front and exterior side yards to be landscaped. A landscaping strip exists along part of the Montrose Road frontage but very little exists along Industrial Street. A site plan agreement approved by Council in the year 2000 called for some modest landscaping improvements along Industrial Street, however, these improvements have not been completed. The Industrial Street frontage of Altieri Building Supplies has loading docks that have long been directly accessed from the street. To maintain the access points, but provide for modest streetscape improvements, it is recommended that 33% of the exterior side yard be required to be landscaped. This would roughly entail the landscaping required by the current site plan agreement, plus along the frontage of the proposed addition to Altieri Building Supplies. The zoning regulations calling for 66% of the required front yard to be landscaped should be maintained to provide for a pleasing streetscape along Montrose Road in accordance with the Official Plan. This will require the asphalt area in front of the Nu Style Kitchens building (4554 Montrose Road) to be reduced and replaced with landscaping. Required parking will not be impacted by these landscaping requirements. Andrew Bryce Planner 2 Recommended by: permitting a building material sales establishment on 4564 Montrose Road; and a reduction for the exterior side yard setback of the building on 4564 Montrose Road to 4.0 metres (13 feet). Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: Doug Darbyson John MacDonald Director of Planning Development Chief Administrative Officer S:APDR \2005VPD2005 -36, AM- I1 -05, Altieri, 4554 &4564 Montrose.wpd Subject Land PIP 'gm' Amending Zoning By -law No. 79 -200 Location: 4554 and 4564 Montrose Rd. Applicant: Alteri Nicola (Alteri Building Supplies) K vGIS_ Requests 2005\SdmdulesbnningAMV AM-II unapp SCHEDULE 1 LOCATION MAP Pr AM-11/2005 N s I :NTS SCHEDULE 2 so CVO'S 35O'61NO1,4 The City of Niagara Falls Canada deal Wel Members: RECOMMENDATION: It is recommended that: Corporate Services Department PD- 2005 -37 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 Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario May 30, 2005 Re: PD- 2005 -37, Recommendation Report Block 49, Neighourhoods of St. David's Draft Plan of Subdivision 26T -11- 2005 -02 Pinestone Road /St. Paul Avenue/Mountain Road Owner: Walker Community Development Corporation 1) the Block 49, Neighbourhoods of St. David's Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: Proposal The applicant proposes to subdivide a 2.68 hectare (6.62 acres) block of land (Block 49) within the Neighbourhoods of St. David's registered plan of subdivision into three further blocks for the construction of 26 on street townhouse units. The property is located on the south side of Pinestone Road, west side of St. Paul Avenue and north of Mountain Road as shown on Schedule 1. A cul -de- sac roadway is proposed connecting to Pinestone Road with emergency access from St. Paul Avenue. Schedule 2 illustrates the submitted subdivision layout. The land is currently zoned a site specific Residential Apartment 5A Density (R5A) category by Zoning By -law No. 79 -200. The existing zoning would permit the proposed on- street townhouse development. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 30, 2005 PD- 2005 -37 Public Consultation The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on May 2, 2005. An area resident spoke at the meeting and submitted a letter regarding concerns that no direct rear yard access for maintenance equipment is provided through the interior townhouse units. A resident of Calaguiro Estates received clarification from the developers' consultant that the dwellings would be well below the elevation of homes on January Drive. Furthermore, Council passed a motion at the Public Meeting requesting the Region to provide a northbound left -turn lane on St. Paul Avenue into the subdivision at Pinestone Road. Members of the public who attended the earlier meeting have been advised of Council's consideration of the recommendation report for the subdivision at tonight's meeting. Although there are no additional Planning Act Public Meeting requirements, residents may have comments and the developer will likely wish to address Council. Planning Review Various matters were considered in assessing the proposed plan of subdivision. Based on this analysis, approval is recommended subject to typical conditions associated with urban development. The review of the plan is addressed under the following headings. Official Plan and Zoning By -law The City's Official Plan designates the property Residential which permits a variety of housing types. The Neighbourhoods of St. David's subdivision was approved with a mix of blocks for on -street townhouse dwellings and lots for single- detached homes. The development of Block 49 is a continuation of this adult lifestyle community with additional on- street townhouses in response to market demand. The proposal will be compatible with the surrounding uses. The existing site specific zoning on the land permits single- detached dwellings and/or on- street townhouse dwellings, or, an apartment development consisting of a maximum 88 units with a height limitation of 19 metres (approximately 5 storeys). The subdivision layout would eliminate the apartment option and allow for the proposed bungalow townhouses with 2 -car garages subject to the zoning requirements. Subdivision Design The majority of development issues for this block of land were addressed through the approval of the underlying subdivision plan. The proposed cul -de -sac roadway is aligned with the intersection of Stonehaven Avenue and emergency access is provided from St. Paul Avenue. Municipal Works staff concurs with the developers' request to continue this portion of the overall subdivision with a 17 metre right -of -way width on the roadway which is adequate for services and standard pavement design. The cul -de -sac bulb will require an 18 metre right -of -way. Fire Services requests parking restrictions on the street. Sidewalks are not requested due to low pedestrian and vehicle volumes. Parkland dedication requirements for the property were previously satisfied. An existing landscaping plan from the original subdivision will be implemented on St. Paul Avenue and Mountain Road nhnttinv Rlnrk 49 Further Council approval (Removal of Part Lot Control) will be required after registration of the plan to create lot lines between on- street townhouse units when constructed. The plan currently contains three large blocks proposed for various sized townhouse dwellings (i.e., Block A 4 units and 5 units, Block B two groups of 4 units and Block C three groups of 3 units). The zoning by -law permits only one dwelling (grouping of units) per block and an additional Part Lot Control approval May 30, 2005 3 PD- 2005 -37 would be necessary for the blocks. This extra administrative step can be eliminated through a minor modification at the final plan registration stage to divide the large blocks to correspond with the townhouse dwelling groupings and a condition is included in this regard. The developer has considered the suggestion to establish future easements /rights -of -way to provide permanent legal access to the rear yards of interior units over the land of end units in the townhouse dwellings. This approach is not desired by the developer. Rear yard access for maintenance has not been a major issue thus far in the sale of units in the Neighbourhoods of St. David's. The developer indicates that an informal arrangement typically exists between property owners to cut grass, etc. Prospective purchasers are advised of the rear yard access restriction and are not adverse to the situation. Conversely, some purchasers have expressed concerns with respect to privacy and security if a right -of -way was created. Regional Comments The Regional Planning Department notes some concems with the reduction in potential development density of the site but acknowledge the street townhouses are consistent with the surrounding development pattern. The Regional Public Works Department requests several conditions of approval including: i) an updated Traffic Impact Study to determine the need for any improvements to St. Paul Avenue and the Pinestone Road intersection; ii) a Noise Impact Study regarding attenuation of road noise; and iii) approval of the emergency access design. Amendments may be required to the previously approved stormwater management plan for the subdivision. The transfer of clauses in the original subdivision agreement for archaeological resources is also requested. Agency Comments The Niagara Peninsula Conservation Authority requests conditions of approval relating to the stabilization of the steep slopes on Blocks B and C to provide safety for the abutting rear yards of the proposed townhouse units. CN Rail noise warning clauses were included in the original subdivision agreement and continue in force. CONCLUSION: The application complies with the policies of the Official Plan and the site specific R5A zoning in effect on the land. The Draft Plan of Subdivision is an appropriate development of the site that will be compatible with the existing and future land uses in the area. The required conditions of approval are listed in the Appendix. Prepared by: a Richard Wilson Planner 2 R by: Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: RW:gr Attach. S'iAPDR\2005VPD2005- 37,Block 49, Neighbourhoods of St. David's Draft Plan of Suhdivision.wpd John MacDonald Chief Administrative Officer May 30, 2005 4 PD- 2005 -37 APPENDIX Conditions for Draft Plan Approval 1. Approval applies to the Block 49, Neighbourhoods of St. David's Draft Plan of Subdivision prepared by BLS Planning Associates, dated February 15, 2005, showing 3 blocks of land for 26 on- street townhouse units. Final plans for registration may indicate the further division of the blocks corresponding to the proposed groupings of townhouse dwellings. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with the City's Subdivision Policy which, in part, includes the following: a) construction of 8.0 metre wide pavement on the straight roadway section with a 14.7 metre wide pavement radius (15.0 metre radius including curb /gutter) on the cul -de- sac bulb; b) provision of a 17.0 metre right -of -way on the straight section of the roadway; c) dedication of the road allowance and appropriate daylighting triangles to the City as public highway and the street named to the City's satisfaction; d) provision of water distribution, sanitary sewer and storm sewer systems including a major and minor storm sewer design concept, e) provision of an overland stormwater flow route; f) connection of all weeping tile flow to the storm sewer via sump pumps; and g) application of the City's Lot Grading and Drainage Policy. 5. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 6. The developer grant the City and Public Utilities any easements required to service the subdivision. 7. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the developer shall advise the municipality of the agreement made for such servicing. Bell Canada requires one or more conduit or conduits of sufficient size from each unit to the room(s) in which the telecommunication facilities are situated and one or more conduits from the room(s) in which the telecommunication facilities are located to the street line. 8. The developer agree to parking restrictions on one side of the roadway and on the cul -de -sac bulb and also submit servicing plans indicating the placement of no parking signs to the satisfaction of Fire Services. May 30, 2005 5 PD- 2005 -37 9. The developer provide boulevard trees in accordance with City policy. 10. The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter to Planning Development confirming that all blocks comply with the Zoning By -law. 11. The developer provide five copies of the pre registration plan to Planning Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 12. Prior to final approval, the developer submit to the Regional Public Works Department for review and approval, an updated traffic impact study to determine the need for any improvements to St. Paul Avenue and the St. Paul Avenue/Pinestone Road intersection. Further, that if the study recommends improvements, the developer enter into an agreement with the Region regarding the payment of costs for such improvements. 13. Prior to final approval, the developer submit to the Regional Public Works Department for review and approval, a noise impact study to evaluate the noise levels from traffic on the Regional roads and to determine the need for noise mitigation measures. Further, that the developer agree in the subdivision agreement to implement the recommendations of the noise study. 14. The developer agree in the subdivision agreement to install chains and bollards at the eastern end of the cul -de -sac bulb behind (west of) the 0.3 metre reserve to control access to St. Paul Avenue. (Only emergency access will be allowed.) 15. The developer agree in the subdivision agreement to obtain the appropriate Regional permits from the Regional Public Works Department prior to any construction within the Regional road allowance. 16. The developer agree in the subdivision agreement to submit to the Regional Public Works Department for its review, a lot grading plan and a site plan showing visual impacts for the area that includes those lots abutting the Regional road allowances and the cul -de -sac bulb. 17. The detailed design drawings and supporting calculations for the watermain system, the sanitary sewer and the stormwater drainage system required to service this proposal be submitted to the Regional Public Works Department for its review and approval. 18. The Ministry of the Environment Certificates of Approval be obtained for the necessary servicing (water, sanitary sewers and stormwater drainage) for the development prior to final approval for registration. 19. The developer agree in the subdivision agreement to construct the cul -de -sac bulb with a minimum pavement radius of 12.8 metres. 20. The developer agree in the subdivision agreement to implement the recommendations of the original noise impact study for Block 49 with respect to warning clauses being registered on title and being included in offers of purchase and sale and the provision of air conditioning. 21. The subdivision agreement include a clause regarding the discovery of human or deeply buried archaeological remains. May 30, 2005 PD- 2005 -37 22. The developer mitigate the slope hazard on Blocks B and C to the satisfaction of the Niagara Peninsula Conservation Authority. This may involve completion of a geotechnical study to determine slope stability and /or approved engineered means to stabilize the slope. 23. The subdivision agreement contain appropriate wording and clauses to implement the slope stability mitigation measures required in Condition 14. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 7 Regional Niagara Public Works Department for Conditions 12, 13, 14, 15, 16, 17, 18 and 19 Regional Niagara Planning and Development Department for Conditions 20 and 21 Niagara Peninsula Conservation Authority for Conditions 22 and 23 Proposed Plan of Subdivision Block 49, Neighbourhoods of St. David's 26T -11- 2005 -02 Eagle Valley Golf Course] Subject Land K:GIS_ Requests\ 2005\ Schedules\ Subdivisions Ablock49_sl_duvids\meppinl;up r SCHEDULE Location Map N s 1: NIS April 2005 SCHEDULE 2 The Car Falls Niagara Fs Canada Members: His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that: Corporate Services Department PD- 2005 -38 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.niagarafails.on.ca May 30, 2005 Re: PD- 2005 -38, Recommendation Report Draft Plan of Vacant Land Condominium 26CD -11- 2005 -01 6269 Dorchester Road (Opposite Stokes Street) Owner: 1211990 Ontario Inc.Brian Adriana Peters 1) the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: Proposal The applicant proposes to register a Vacant Land Condominium over the 0.514 hectare (1.269 acre) site to create vacant units (e.g., lots) for the future construction of four single- detached dwellings and an eight -unit apartment building on a private road. The property is located on the west side of Dorchester Road, south of Lundy's Lane and opposite Stokes Street (see Schedule 1). The proposed condominium layout is illustrated on Schedule 2. The application for plan of condominium subdivision will permit the individual ownership of each unit of land in the development with the driveway shared by the condominium corporation. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 30, 2005 PD- 2005 -38 Planning Process This development has proceeded through various planning approvals and consultation with the public (three Public Meetings at Council and neighbourhood meetings regarding the development of the site). The property was subject to a rezoning application (AM- 36/2004) that was approved in principle in August 2004. Zoning By -law No. 2005 44 was passed by Council on March 21, 2005 to zone the land Residential Single Family 1C Density (R1C) with special provisions. The by -law was circulated to area residents and no appeals were received. The project has been designed for compatibility with surrounding land uses and contributes to the mix of available housing types in the area. The vacant land condominium process is a relatively new method of dividing property into "units" of land. When the plan is registered, the units are then sold much like lots or blocks in a typical plan of subdivision and building permits can be issued. There are no public meeting or notification requirements for condominium applications under the Planning Act. As part of Council's approval of the zoning amendment, interested residents are to be involved in the Site Plan process. The single- detached dwellings are not subject to Site Plan Control but the future apartment building will require such approval. Area residents will be notified when plans are submitted for the apartment. Conditions of Approval Site servicing must be approved for the condominium layout. A road widening of Dorchester Road and a reserve to restrict access are required. The location and sizing of the private roadway is established by the zoning by -law and must satisfy fire access requirements. The designation ofa fire access route through the development, if required by Fire Services, is also requested as a condition. Cash -in -lieu of parkland dedication and street trees in front of the single- detached units are conditions of approval. As previously noted, the apartment will be subject to Site Plan Control in the future to address such items as landscaping. The Region advises that the driveway design must satisfy access requirements for waste collection vehicles or other arrangements for garbage pickup shall be made. CONCLUSION: The proposed Draft Plan of Vacant Land Condominium will allow the separate ownership of the land units for the construction of single- detached dwellings and an apartment in the future. The conditions of approval are listed in the Appendix. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development RW:tc Attach. S:APDR\2005VPD2005 -38, 26CD -11- 2005 -01, 6269 Dorchester Rd.wpd Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: nn c 1 441°T0- John MacDonald Chief Administrative Officer May 30, 2005 PD- 2005 -38 APPENDIX Conditions of Draft Plan of Vacant Land Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated March 10, 2005, showing vacant land units for an eight -unit apartment building, four single- detached dwellings and land for a private driveway. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit all servicing plans including water, sanitary, stormwater, private driveway, lot grading and drainage to the Municipal Works Division for review and approval. 5. The developer dedicate a 3.05 metre (10 foot) road widening to the City along the west side of Dorchester Road. 6. The developer dedicate a 0.3 metre (1 foot) reserve on the east side of Unit #1 abutting Dorchester Road to preclude direct access to the roadway. 7. The developer pay the applicable Development Charges in force at the time of execution of the Condominium Agreement. 8. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the developer shall advise the municipality of the agreement made for such servicing. Bell Canada requires one or more conduit or conduits of sufficient size from each unit to the room(s) in which the telecommunication facilities are situated and one or more conduits from the room(s) in which the telecommunication facilities are located to the street line. 9. The developer submit servicing plans indicating driveway dimensions and the location of fire hydrant(s) to the satisfaction of Fire Services. 10. The developer submit a request to Fire Services to designate through municipal by -law a fire access route on the property, if required. 11. The developer pay the City cash -in -lieu of 5% parkland dedication. 12. The developer provide street trees in front of the units for single- detached dwellings. 13. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning Development confirming that all vacant land condominium units comply with the Zoning By -law. May 30, 2005 Clearance of Conditions Regional Niagara Public Works Department for Condition 15 4 PD 2005 38 14. The developer provide five copies of the pre- registration plan to Planning Development and a letter stating how all conditions imposed have been or are to be fulfilled. 15. If Regional curbside waste collection is to be provided, the developer comply with the Regional Municipality of Niagara's "Collection of Waste By Way of Entry on Private Property" Policy (PW2. W07) and enter into an Indemnity Agreement with the Region to the satisfaction of the Regional Public Works Department. Alternatively, the Condominium Agreement include a statement that Regional curbside waste collection will not be provided. Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: SCHEDULE 1 Proposed Plan of Vacant Land Condominium 6269 Dorchester Road 26CD -11- 2005 -01 Subject Land K :GIS_Requests\2005\Schcdules\ SubdivisionsV 6269_dorchester_rdAmapp g.apr Location Map s 1: NTS May 2005 SCHEDULE 2 fa '777777 OVOH 1:131S3H07110 0 II 401 ,.m 1401 Arid 1 c May 11 05 00:03a Harry Oakes Memo 1 905 -350 -3091 Clifton Hill B.I.A. C/o HOCO Limited P.O. Box 60 4960 Clifton Hill Niagara Falls, ON L2E 6S8 Phone (905) 357 -5911 Fax (905) 358 -5738 To: Dean lorfida City of Niagara Falls From:Harry Oakes Fax#(905) 356-9083 Date: May 10, 2005 Re: Clifton Hill B.I.A. Budget Please find enclosed our Clifton Hill BIA 2005 budget with our request for a tax levy of $15,000. Should you require further information please do not hesitate in contacting me at (905) 357 -5911. MAY 3 0 2005 P.1 May 11 05 08:04a Harr Oakes Signage TODS Highway Signage Bus Bench Signage Clifton Hill Banners Maintenance Tree Lighting $10,000 $12,000 3,000 $25,000 4,000 Street Furniature Painting $15,000 Administration 1,000 $20,000 Total 2005 Budget $45,000 2004 Funds Remaining,. $30,000 2005 Tax Levy $15,000 Clifton Hill B.I.A. 2005 Budget Proposal 1 -905- 358 -3091 p.2 Minister Ministre delegue Responsible for aux Affaires des Seniors personnes agees 6 Floor 400 University Avenue Toronto ON M7A 2R9 Tel.: (416) 585 -7000 Fax: (416) 585 -6470 6 stage 400, avenue University Toronto ON M7A 2R9 Tel.: (416) 585 -7000 TOlac.: (416) 585 -6470 c qi Ontario March 10, 2005 Dear Mayor: As you may know, June is recognized as Seniors' Month in Ontario. I am writing to ask that you consider officially proclaiming June as Seniors' Month in your community this year. For your convenience, a sample proclamation is provided for your consideration. Once again the theme for this year's Seniors' Month is Active Living. The full slogan that has been chosen is Active Living: It's For Life. Seniors' Month is an excellent opportunity to pay tribute to men and women who continue to contribute so much to our communities. On behalf of the Ontario government, I hope you will join us in recognizing seniors in this province and plan events that recognize their contributions. We would like to hear about any events that you are planning, so that information can be posted on the Ontario Seniors' Secretariat Web site. An event form is also available on our Web site at www.gov.on.ca/citizenship /seniors under the Seniors' Month 2005 link. We would also appreciate knowing if your jurisdiction will proclaim June as Seniors' Month in your community. To help with your planning, you may want to consider hosting an Ontario Seniors' Seminar. These seminars were developed to provide seniors with valuable information on healthy aging and healthy lifestyles, and are available province -wide. Topics include "Safe Medication Use," Protect Your Money: Schemes, Scams and Flimflams," "Drive Wise" and "Advance Care Planning." For more information, contact the Seniors' InfoLine at 1 -888- 910 -1999 (TTY 1 -800- 387 -5559) or visit the Seniors' Secretariat Web site under the "seminars" link. Information about Seniors' Month will be posted on the OSS Web site as it becomes available. We will also be sending you promotional materials, including our annual poster, as we move closer to June. In the meantime, we encourage you to visit the Web site to keep informed on recent announcements affecting seniors. Please keep in touch, and keep us posted on what you are planning. John Gerretsen Minister Enclosures MAY 3 0 2005 Mayor Ted Salci Mr. Harvey Starkman Vice President Toronto Residents in Partnership 5100 Yonge Street Lower Level Toronto, ON M2N 5V7 Dear Mr. Starkman: RTS:cec c: Dean Iorfida, City Clerk July 6, 2004 City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca (905) 356 -7521 Ext. 4201 Fax: (905) 374 -3557 tsalci @city.niagarafalls.on.ca Thank you for your letter ofJune 6 requesting the City of Niagara Falls proclaim the month ofJune in 2005 as Elder Abuse Awareness Month in our community. Please know we will be pleased to recognize this at one of our May 2005 council meetings and have the event in place for the entire month of June 2005. We would appreciate receiving a copy of your proposed 2005 proclamation and any literature you may have available for distribution to our councillors when you have had an opportunity to prepare it. Sincerely, R. T. (Ted) Salci Mayor MAY 3 0 2005, 11 TORONTO Toronto Residents in Partnership (TRIP) June 6, 2004 Mayor Ted Salci City of Niagara City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Salci: With the rise in numbers, we are also seeing a rise in cases of Elder Abuse. Morley S. Wolfe Q.C. CommunitjPattnerships President 5100 Yongge St., Lower Level Tel: 416 395 -6475 Toronto, CAN M2N 5V7 Fax: 416 395 -6476 ccre r city.toronto.on.ca As in every other community in Ontario, Seniors are the fastest growing segment of your constituency. And it is not just in Ontario. The trend to older populations is a worldwide phenomenon. As you know, Elder Abuse takes a number of forms, ranging from financial exploitation and neglect, to psychological and even physical harm. Like other forms of abuse, Elder Abuse is abetted by silence. A community that is unaware of the causes and the nature of Elder Abuse and is not exploring possible means of prevention and redress is putting its Seniors at risk. Community awareness is a critical first step to ending Elder Abuse. For the past three years, Toronto Residents In Partnership has taken up the challenge to have municipalities across the Province recognize the signs and the consequences of Elder Abuse. At T R I P's invitation, the City of Toronto was the first city in the world to proclaim an Elder Awareness Month in 2002. The numbers are beginning to grow. Won't you join with the Mayors of Toronto and Pickering and with the Regional Municipalities of Durham and Peel to proclaim the month of June Elder Abuse Awareness Month in your community in 2005. Toronto Residents In Partnership is a not for profit organization whose members are dedicated to the promotion of racial, ethnic, religious and communal understanding, co- operation and harmony. We would be more than happy to offer our support and our assistance in drafting a Proclamation document, providing an information package including our video and in recognizing your community's participation. Thank you for your participation, Harvey Starkman Vice President WHEREAS: TORONTO Elder Abuse Awareness Month June 2004 WHEREAS: elder abuse can be defined as any act of commission or omission that results in harm to an older person; and WHEREAS: elimination of abuse to an older person is our social and moral responsibility, and the City of Toronto is concerned about the risk to our older residents who may suffer from neglect and be victims of physical, emotional or financial abuse; and all our residents should be aware of, and sensitive to, signs of abuse to an older person such as physical trauma, withdrawal, depression, anxiety, fear of family members, friends or care givers; and WHEREAS: all our residents have the right to live in dignity, respect and safety with peace of mind at all ages. .NOW THEREFORE: I, Mayor David Miller, on behalf of Toronto City Council and the 2.5 million people of our great City, do hereby proclaim June 2004 as "Elder Abuse Awareness Month" and encourage everyone to work together to ensure the well -being and safety of our elderly residents. G Mayor David Miller 1 7 I Barb Muir council letter doc NIAGARA BRAIN INJURY AWARENESS COMMITTEE Brain Injury Community Re -entry, Headway Homes, Head Injury Association of Fort Erie, Brain Injury Association of Niagara, Acquired Brain Injury Outreach Network, Anagram Premier April, 2005 -04 -21 Although we are not doing presentations before council this year we would like to request that attention be brought to the month of June as it is once again Brain Injury Awareness month. It should not go unnoticed, as every citizen should recognize its importance in respect to awareness and the constant need for safety. It is the time of year that our defences should turn towards this pertinent issue Brain Injury. It would please this awareness committee if some of the statistics listed in the attached document be announced. Statistics such as the fact that in Ontario 11,817 individuals sustain a traumatic brain injury each year, brain injury is the leading killer and disabler of Canadians under the age of 45 or that 54% of all MVA's (motor vehicle accidents) involve individuals under the age of 20 and finally the damage that is done to many families is permanent and devastating. People need to be ever vigilant of obvious safety methods that are too often taken for granted. Thank you once again for your acknowledgment. Jacqui Graham, Chair NBIAC (Niagara Brain Injury Awareness Committee) AY 3 0 2005 Barb Muir council stats.doc Page 1 NIAGARA BRAIN INJURY AWARENESS COMMITTEE BRAIN INJURY CAN HURT FOREVER! 'Brain Injury Can Hurt Forever', a phrase that is becoming synonymous with the month of June as it becomes Brain Injury Awareness Month. It kills 11,000 Canadians each year. It is the leading cause of death and disability for Canadians under the age of 45. It puts NHL hockey players out of business. It derails academic and employment careers. It destroys personalities and can sever marriage ties. It can frequently rob people of memory, sleep, and the taste of wonderful food. It creates fatigue and can damage the ability to cope with everyday tasks and to relate appropriately to other people (even family members). It can cause headaches, chronic pain and even problems speaking. It costs one billion dollars annually in Ontario. Traumas from motor vehicle collisions are estimated at 54% for individuals under the age of 20. 90% of all motor vehicle collisions are predictable and preventable. BRAIN INJURY CAN BE PREVENTED! Precautions such as the proper use of seatbelts, child car seats, correctly- fitting bicycle helmets and the avoidance of alcohol use while operating motor vehicles can go a long way towards prevention of brain injury. So can the proper treatment of athletes who have suffered concussions. It takes very little effort and expense to exercise caution. The consequences of brain injury, by no comparison, are very costly, both in human and financial terms. No one can afford not to take care of the brain, the one organ in the body that controls all other organs and the very essence of who we are as humans. NIAGARA BRAIN INJURY AWARENESS COMMITTEE Brain Injury Community Re -entry, Headway Homes, Head Injury Association of Fort Erie, Brain Injury Association of Niagara, Acquired Brain Injury Outreach Network, Anagram Premier April, 2005 -04 -22 Although we are not doing presentations before council this year we would like to request that attention be brought to the month of June as it is once again Brain Injury Awareness month. It should not go unnoticed, as every citizen should recognize its importance in respect to awareness and the constant need for safety. It is the time of year that our defences should turn towards this pertinent issue Brain Injury. A study done at Yale and Cornell Universities reports that it takes 7 /10ths of a second for an individual to be killed when crashing into a tree at just 55 mph. It is a fact to consider that brain injury can happen to absolutely anyone. Although little is known about this exquisite organ, we do know that it controls virtually every aspect of our beings. Consider that our brains float in a bath of spinal fluid inside our skulls. Our skull which the brain is encased in consists of bony ridges and projections. It would please this awareness committee if some other statistics we've collected were announced. Statistics such as the fact that in Ontario 11,817 individuals sustain a traumatic brain injury each year and brain injury is the leading killer and disabler of Canadians under the age of 45 or that 54% of all MVA's (motor vehicle accidents) involve individuals under the age of 20 and finally the damage that is done to many families is permanent and devastating. People need to be ever vigilant of obvious safety methods that are too often taken for granted. Thank you once again for your acknowledgment. Jacqui Graham, Chair NBIAC (Niagara Brain Injury Awareness Committee) The City of Niagara Fall Canad� His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2005 -29 2005 Debenture Issue RECOMMENDATION: That Council pass a resolution requesting The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts as set out in the attached schedule. BACKGROUND: Attached is Schedule "A" of capital projects which are now ready to be financed by debentures. The amount for financing represents the net costs of the various projects after the receipt of subsidies, grants, and current revenue contributions. The term of this issue is ten years. This debenture issue was anticipated and incorporated into the forecasts of debt and debt capacity for future years as detailed on Schedule `B For 2005, the City's long -term debt repayment is $1.950 million, and the new borrowing will add approximately $190,000 annually. The new total for debt repayment is still significantly below the City's maximum guideline. Recommended by: Respectfully submitted: K.E. Burden Director of Finance Approved by: Ravenda Executive Director of Corporate Services Corporate Services Department F- 2005.29 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356-2016 E -mail: kburden ©city.niagarafalls.on.ca May 30, 2005 John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development Kenneth E. Burden Director 2005 DEBENTURE ISSUE Capital Capital Project Financing Retirement Account No. Description Request Term 12 -3- 210000- 030000 Fire Replacement of Aerial 4 $255,000 10 years Project #F19 Vehicle 12 -3- 330000 030000 Transit Purchase of Coaches 300,000 10 years Project #T1 22 -3- 740000 030000 Library New Branch Materials 83,000 10 years Project #L2 12 -3- 730000 030000 Recreation Facilities Patrick 793,000 10 years Project #RF5 Cummings Sports Complex 1,431,000 The City of Niagara Fall Canada Community Services Department R- 2005 -30 Parks, Recreation Culture Adele Kon 4310 Queen Street Director .0. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: akon ©city.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario May 30, 2005 Members: Re: R- 2005 -30 Summer Ice Schedule RECOMMENDATION: That the Schedule for the use of Summer Ice Hours at the Stamford Memorial Arena be approved by City Council. BACKGROUND: In accordance with City Policy, all organizations submitted completed application forms to request summer ice time. On Wednesday, May 25, 2005, all interested organizations and individuals were invited to attend a meeting to review the proposed schedules. As a result of this meeting and subsequent discussion, a general agreement was reached regarding the schedule. Upon Council's approval, permits for the use of Summer Ice at Stamford Arena will be issued. repared Elia At'if g Superintendent of Recreation Facilities Recommended by: Adele Kon Director of Parks, Recreation Culture JE /das S: \Council \Council 2005 \R 2005 -30 Summer Ice Schedule.wpd espectfully ubmitt John MacDonald Chief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Chief Administrative Officer His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: May 30, 2005 Re: CAO- 2005 -06 Service Delivery Review Update RECOMMENDATION: That this report be received and filed for the information of Council. BACKGROUND: CAO- 2005 -06 City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca (905) 356-7521 Ext. 5100 Fax: (905) 374 -3557 jmacdona @city. n iagarafal ls.on.ca On January 31, 2005, Council accepted the Terms of Reference for a Service Delivery Review to be undertaken by staff. The purpose of the review is to ensure municipal programs and services are provided in the most efficient, effective manner to best meet the needs of the community and to help find long -term sustainable solutions to ongoing budget challenges. The purpose of this report to provide an update regarding the activities of the Steering Committee as follows: The Service Delivery Review Steering Committee was formed, and it was agreed that Alderman Wayne Campbell would serve with Chief Burke as Co- Chairs of the Committee. The Terms of Reference for the Service Delivery Review was amended to reflect the inclusion of a co- chair. The Steering Committee is responsible for developing the framework for the review, and overseeing its progress and implementation. The Steering Committee will report directly to Council at each milestone in the service delivery review process. Staff attended the May 10` C.U.P.E. Labour /Management meeting to provide a brief overview of the process, and invite union participation on the Service Delivery Review Teams(SDRT). May 30, 2005 CAO- 2005 -06 To ensure that the service delivery review process is informed by citizen demands, expectations and concerns, clear and meaningful customer input is required. Leger Marketing, a member of the Gallup International Association, has been hired to undertake a survey measuring citizen satisfaction with, and perceived importance of, key service areas. The study will be conducted through a random telephone survey of 500 residents, at a cost is $19,795. of the study's $35,000 budget. A draft process for determining how to select candidate services and programs for review, using common, strategic and community considerations has been developed. A draft Discussion Paper on the Communication and Consultation Strategy for the Service Delivery Review was developed that outlines the objectives of the plan, the target audiences, key messages, and options for internal and external communications. It is important to conduct an effective communication process, ensuring that municipal employees, residents and interested stakeholders are provided with information to help them understand the purpose, process and outcomes of the Service Delivery Review, while creating opportunities for all to provide input. The Steering Committee will continue to provide information reports to Council at key milestones throughout the Service Delivery Review process. JM:kk RI.COUNCILCAO Reports 2005:CAO- 2005 -06 Service Delivery Review Updatnxpd Respectfully submitted: Se Al n WayAe Campbell, Co -Chair elivery Review Steering Committee Chief Administrative Officer His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: 2) that Staff be directed to prepare the necessary documents and by -law. CA0- 2005 -05 City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca (905) 356 -7521 Ext. 5100 Fax: (905) 374 -3557 jmacdona @city.niagarafalls.on.ca May 30, 2005 Re: CAO- 2005 -05 Niagara District Airport Commission Municipal Agreement 1) That the Municipal Agreement between The Corporation of the City of St. Catharines, The Corporation of the City of Niagara Falls, The Corporation of the Town of Niagara on -the -Lake and The Corporation of the City of Thorold pertaining to the Niagara District Airport, be authorized; and further In 2002 the Niagara District Airport Commission, through The Corporation of the Town ofNiagara- on- the -Lake, retained the services of professional consultants, Marshall Macklan Monaghan Limited for the purpose of preparing a comprehensive strategic and operating plan. As a result of the said study a number of recommendations were made. Further to these recommendations a group consisting of the Mayors of the respective municipalities, who are municipal partners of the Niagara District Airport Commission, together with the CAO's of the respective municipalities, created a group called the "Airport Liaison Committee" in order to review the recommendations and to propose changes to facilitate some of the implementation of the recommendations made by the consultant. One of the recommendations was that the current agreement between the four municipalities be revised to lengthen the term in order to facilitate the operation and assist in attracting tenants to the Airport and to establish the Airport Liaison Committee. As a result a draft agreement was circulated to the four municipalities for review. May 30, 2005 CAO- 2005 -05 The basic changes to the agreement are as follows: 1. The previous agreement expires December 31, 2006, and the new agreement proposes to extend the tern to December 31, 2026. 2. The composition of the previous Board was 1 elected Council member plus 7 members at large, of which 3 were from St. Catharines, 2 from Niagara Falls, 1 from Niagara- on -the- Lake and 1 from Thorold. The new agreement provides that 7 members shall constitute the Commission, 3 from St. Catharines, 2 from Niagara Falls, 1 from Niagara -on- the -Lake and 1 from Thorold, with provisions that this does not preclude the appointment of elected members of Council. 3. The new agreement also proposes changes to the constitution of the nominating committee. In the previous agreement the nominating committee consisted of the Chair, the Past Chair and four Council members represented on the Commission. The new agreement constitutes the nominating committee as three members, being the Chair and two other members of the Commission to be selected by the Commission. 4. The previous agreement was further clarified by adding certain factors for consideration by the nominating committee in dealing with the qualifications of members. The new agreement provides that the nominating committee will determine a short list based on expertise, experience, industry, knowledge, business experience or background in financial, legal, accounting and/or marketing and overall beneficial participation on the Commission. 5. The new agreement establishes the Airport Liaison Committee, which consists of the Mayor and CAO of each participating municipal member. This Committee shall be required to have a minimum of two meetings annually and to act as a resource committee for the Commission and to deal with strategic business planning matters. It is intended that the Airport Liaison Committee will serve as the liaison between the Commission and the respective Councils in order to ensure that the respective Councils are kept informed of matters which are occurring at the Niagara District Airport. 6. The new agreement goes on to direct and authorize the Commission to formalize agreements as required with various municipal parties to provide for administrative and technical services assistance. The Commission is also encouraged to develop supportive relationships with the various municipalities and Regional Economic Development departments. 7. The new agreement provides that the Chair of the Commission shall be required to attend one meeting of each Council per year to provide the respective Councils with a formal administrative and operations report and to seek approvals for the required capital expenditures outlined in the business plan. 8. The new agreement will provide that the Commission is to prepare and adopt, pursuant to the Municipal Act, a procedural by -law, procurement policy and hiring policy. The Commission shall also be required to provide the Clerks of the respective municipalities with copies of current by -laws, policies and leases between the Commission and Niagara- on -the- Lake. May 30, 2005 3 CAO- 2005 -05 9. Finally, in the new agreement a termination clause was added providing for a minimum of twelve months' written notice to be given to other members upon wanting to terminate the relationship. If one party decides to terminate its participation in the Niagara District Airport Commission, upon doing so it is abandoning its interest and rights in the Airport and it agrees to hold the other parties harmless. The terminating party shall continue to have a minimum of twelve months financial obligations. The changes being made to the agreement are seen as positive by the municipal parties and reflective of the recommendations put forth in the consultant's report. Respectfully submitted: f Mb John MacDonald thief Administrative Officer R:\COUNCIL \CAO Rcpons 2005\CA0-2005 -05 Niagara District Airport Commission Muni greemannpd Niagara Car Falls Niagara Falls Canada Members: BACKGROUND: Community Services Department FS- 2005 -05 Fire 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) 356-6236 E -mail: pburke @city.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario May 30, 2005 Patrick Burke Fire Chief Re: FS- 2005 -05 Award of Tender for Addition to Station 1 RECOMMENDATION: That Council award tender #T09 -2005 for the Addition to Fire Station 1 to the low bidder Aldor Builders Ltd. of Thorold, Ontario for the tender amount of $922,233.00 including PST and GST. Plans to renovate Morrison Street Fire Station have been prepared by Raimondo Associates Architects Mc. of Niagara Falls, Ontario in consultation with City staff, the Fire Chief and firefighters. Morrison Street Fire Hall was built in 1967. Since that time, some improvements have been made to meet the demands of a changing community and changing legislative requirements. The Communications Division and Staff Room Area was first expanded in the early 1980's. In 1992, an additional building was built to meet the requirements for Fire Prevention and Administration staff. In 2004, the kitchen and staff eating areas were renovated to meet the needs of additional staff. Now, we are seeking to increase the living space and modernize the 1967 facility. Today's firefighting requires additional design features in the building to accommodate the changing job. With the addition, we will be able to provide for proper firefighter gear storage; washing facilities for contaminated gear; improved locker facilities; improved breathing apparatus supply and repair rooms; improved physical fitness area; increased storage areas; space for a small office for the Firefighters Association; as well as an Emergency Operations Center for the City; an improved classroom facility; and improved office space for the Training Division. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Company Total Tendered Price Aldor Builders, Thorold $922,233.00 Bromac Construction Eng., Fenwick $928,118.00 M/2 Group Inc, Oakville $971,321.39 TAT Construction Ltd., Fenwick $1,040,368.00 T.R. Hinan Contractors Inc Unopened returned* May 30, 2005 Tender results for #T09 -2005 were as follows: *Note: The bid received from T.R. Hinan did not provide the proper bid security and was, therefore, returned to the contractor. FINANCING: Partial funding for the project ($250,000.00) will come from Development Charges. The balance has been set aside in the 2005 Capital Budget for this addition. Pre.ared by: L L'LL Olin Ruddell Assistant Chief Recommended by: Patrick Burke Fire Chief Respectfully submitted: /27 icety Joh n MacDonald Chief Administrative Officer FS- 2005 -05 Niagara City a of s Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2005 -24 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city. niagarafal Is. on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E-mail: legalservices @city. n iagarafa lls. on. ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario May 30, 2005 Re: L- 2005 -24 Russell and Nandkumarie Beeransingh 5682 Temperance Avenue Clear Cloud on Title Our File No. 2001 -191 That Council authorize the Law Clerk to electronically execute and register a Quit Claim Deed to transfer a 9.73 foot strip of land to Russell Beeransingh and Nandkumarie Beeransingh to clear a cloud on title to the property located at 5682 Temperance Avenue. Russell Beeransingh and Nandkumarie Beeransingh are the owners of Lot 62 and a 9.73 foot strip of land located on the west side of Lot 65 on Plan 300, which is shown hatched on Appendix "1" attached. In 1982, The Board of Education conveyed the "westerly" 30.275 feet of Lot 65 to the City, which is shown shaded on Appendix "1" attached. Lot 65 is 40 feet in width. It was the intent to convey the "easterly" 30.725 feet of Lot 65 to the City, so that the 9.73 feet strip of land on the west side of Lot 65 would remain in the name of the abutting owners to the west. As the Transfer /Deed of Land from The Board of Education to the City incorrectly described the lands as the "westerly" 30.275 feet and not the "easterly" 30.725 feet of Lot 65, the conveyance to the City overlapped the 9.73 foo strip of land. As such, the land presently remains in both the names of the abutting owner to the west of Lot 65 and the City. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 30, 2005 L- 2005 -24 In order to clear this cloud of title, a Quit Claim Deed from The Corporation of the City of Niagara Falls to Russell Beeransingh and Nandkumarie Beeransingh, the present owners of Lot 62 and 9.73 strip of land on the west side of Lot 65, Plan 300, will need to registered on title. Prepared by: Respectfully submitted: `92 I a, 4 Mary crone Law erk Approved by: /mm T. Ravenda Executive Director of Corporate Services John MacDonald Chief Administrative Officer c a •7726 N 0003 52 5 50 W 000 49 0007 48 46 47 a 83 OU43 159R 0051 0101 0102 54 0104 55 0/06 0103. 63 :0044 :0045 0069 0547 0048 '4x1 W52 ()/ex 0099 53 56 62. !6 0009 0008 REG 45 44 0098 00/, 0097 PLAN 0013 42 43 0012 AEG -ELM 0113 300 CO14 4/ 40 0015 300 fl 0070 CS Z REG PLAN 3 L REG PLAN 3 REG PbAN 3 RRG PLAN' 3 0096 L 52 L 51 50 57 58 59 C017 38 39 0016 8 36 0019 35 oo4 34 0021 Lu 3 0022 EMERY STRE1 66 67 68 69 70 71 72 1 80 79 r 78 •1 77 .1 •1 SUMMER STREET CLOSED) SUMMER STREET 1 0049 24 123 22 21 20 19 18 25 '226 27 28 29 F 30 31 Al �O SPRING STREE 0093 0094 Pi .41 5S,& 26..2 0095 49 48 60 61 73 t 76 RE t PLAM 300' j s W n 1- 47 62 k 7 75 1. f; The City of Niagara Falls Canada Members: Community Services Department MW- 2005 -68 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 Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario May 30, 2005 Re: MW- 2005 -68 Garner Road and Chippawa Creek Road Watermain Cost Sharing RECOMMENDATION: The cost sharing breakdown described in this report for the extension of the watermain on Garner Road and Chippawa Creek Road be approved. BACKGROUND: The Regional Municipality of Niagara is extending the watermain on Garner Road and Chippawa Creek Road to service the Region's Biosoilds Facility on Chippawa Creek Road. The Region requires a 200 -mm watermain to service the Biosolids Facility while the City requires a 300 -mm watermain to service the future development area and to provide the looping for the Grassy Brook Road watermain. The calculated difference in cost between a 200 -mm and 300 -mm watermain is $47,880.00, $42.37 per metre. In addition, the City of Niagara Falls will be responsible for any costs to construct water services to the private properties. Any property owner who requests a water service prior to the construction, will be required to prepay the City for all costs to install the water service to the property line. Funding for the Grassy Brook Road loop and over sizing is in the City of Niagara Falls 2004 Development Charge Background Study. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 30, 2005 Financing: Project Costs: Over Sizing Cost Sharing: Private Water Services Costs: Funding: Development Charges Watermain: Water Services paid by Property Owners TOTAL Prepared by: Bob Darrall Project Manager Approved by: Ed Dujlovic Director of Municipal Works TOTAL $47,880.00 4 000.00 $51,880.00 $47,880.00 4 000.00 $51,880.00 The Regional Municipality of Niagara will be constructing the watermain in the late spring of 2005. Upon completion of the watermain, the watermain will be assumed by the City of Niagara Falls. Council's concurrence with the above recommendations would be appreciated. Respectfully submitted: t ri vt /41 S: \REPORTS\2005 Reports \M W- 2005 -68 Gamer Road Chippawa Creek Road Watermain Cost Sharing.wpd Acct. DC- NT -W11 ohn MacDonald hief Administrative Officer MW-2005-68 Niagara Car Falls Niagara Falls Canada Community Services Department MW- 2005 -69 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 Members: His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: May 30, 2005 Re: MW- 2005 -69 Portage Road Church's Lane to Mountain Road Traffic Calming Environmental Assessment It is recommended that Delcan be hired to complete an Environmental Assessment for traffic calming on Portage Road between Church's Lane and Mountain Road. Traffic studies were carried out in October 2004 on Portage Road in the vicinity of Mountain Road. The results of the studies indicate that the signing and pavement markings are adequate in the area in addition to the existing intersection control devices. However, radar studies revealed that the operating speed on Portage Road ranges between 60 -65 km/hr throughout the day. Given that the speed limit on Portage Road is 50 km/h, there is sufficient evidence to suggest that motorist are frequently travelling in excess of 10 km/h over the speed limit. Based on the speeds obtained the criteria to consider traffic calming measures is fulfilled. Traffic calming is an effective method in reducing speeds within neighbourhoods. The process commences with an environmental assessment of existing conditions and concludes with the selection of a preferred alternative typically consisting of the construction of physical devices such as speed humps, road narrowings, curb bumpouts and mini traffic circles. Pavement markings and signs are also used to augment physical features. Throughout the entire environmental assessment process residents are encouraged to provide input during public meetings. Most recently, traffic calming has been incorporated on Beaverdams Road between Kalar Road and Lundy's Lane, and an assessment of the Waters Avenue area identifying the preferred design is concluding. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 30, 2005 MW- 2005 -69 Funding for carrying out Environmental Assessment for traffic calming has been allocated in the Capital budget for a total expenditure of $30,000 in 2005. The study cost for the Portage Road Environmental Assessment is $16,264.00. Financing: The estimated cost is $17,000.00 The budgeted amount is $16,264.00 Funding: 11 -3- 371020- 030000 100% The Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: /71) Karl Dren, C.E.T. John MacDonald Manager of Traffic Parking Services Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Work Respectfully submitted: M.Carrick S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2005 Community Services \May 30 \MW- 2005 -69 Portage Road EA Delcan.wpd U a x w 1 6 O 0 'HAV ISHIIONIVINIIONI 0 '1AV AH'1MV1S 0 I 0 '3AV A'd1NHH Ul cn 0 N W x '3AV 1IVO 'AAV '3AV ,LSIIVAOI U. t P r g W O 3a -z z N cu cn o CQ Y t 0 0 H 0 0 0 M Z l U O The City of s Niagara Fall Canada Community Services Department MW- 2005 -74 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 Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Re: MW- 2005 -74 Contract 2005-153-05 2005 New Sidewalk Construction May 30, 2005 It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction, be accepted. The Tender Opening Committee, in the presence of a representative of the City Clerk, Mr. Ray Miller, opened tenders on Tuesday, May 17, 2005 at 1:30 p.m. for the above noted contract. Tenders were picked up by three (3) Contractors and three (3) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the three (3) Contractors. 1. Alfidome Construction (Niagara Falls) 177,692.00 2. Steed Evans Limited (Niagara Falls) 193,933.00 3. Sacco Construction Limited (Niagara Falls) 197,055.00 The lowest tender was received from Alfidome Construction, in the amount of 177,692.00. 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 30, 2005 2 MW 2005 74 Financing: The Engineer's estimate for thi contract was $185,000.00. Project Costs: Awarded Contract (Excluding G.S.T) 177,692.00 TOTAL 177,692.00 Funding: 2005 Capital Projects Budget Account No. 12 -3- 310000 030000 "R6" New Sidewalk Construction 178,000.00 TOTAL 178,000.00 The sidewalk locations that are included in this contract are as follows: Kalar Road (east side), from south of Woodbine Street to Marcon Street Ailanthus Avenue (west side), from north of Frontenac Street to McLeod Road This project is scheduled to commence on June 13, 2005, and all work is to be complete within 35 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: 4 V I Mike DiPaola Project Manager Approved y: C Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully submitted: ohn MacDonald Chief Administrative Officer The City of Niagara Falls Canada 5 His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: BACKGROUND: Corporate Services Department PD- 2005 -23 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 30, 2005 Re: PD- 2005 -23, Draft Growth Plan for the Greater Golden Horseshoe "Places to Grow: Better Choices. Brighter Future Ministry of Public Infrastructure Renewal 1) this report be received for information purposes; and 2) that this report be forwarded to the Ministry of Public Infrastructure Renewal for consideration regarding areas suggested by staff where more Provincial direction should be provided. In February 2005, the Minister of Public Infrastructure Renewal (MPIR) released the draft Growth Plan for the Greater Golden Horseshoe for the purpose of initiating discussion with municipalities and other stakeholders and gathering input into a final draft growth plan. This report provides Council with a brief review and provides staff's comments on the draft Growth Plan. In July of 2004, the Province released a discussion paper entitled "Places to Grow: Better Choices. Brighter Future The discussion paper outlined what may be included in a Growth Plan for the area extending from and including the Niagara Peninsula around Lake Ontario to the Counties of Peterborough and Northumberland (see map below). Information report PD 2004 -87 on this paper was forwarded to Council in September 2004. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 30, 2005 Since then the Province has released Bill 136 The Place to Grow Act, 2004 to provide the legislation needed to develop growth plans for specific areas of the Province. The Greater Golden Horseshoe, including all of the Niagara Region, has been listed as a top priority because of its economic importance and rapid growth. The Act is currently in its second reading in the Legislature. Also released, in January 2005, were three technical papers analyzing the concepts introduced in the discussion paper. The conclusions of these technical papers resulted in some changes to the status of Niagara Falls in the growth strategy. Planning Review 1. Growth Plan and the Greenbelt Plan PD- 2005 -23 The Province is currently working on a set of documents that will reinforce land use planning in Ontario at the provincial level and also at geographically specific levels. Changes to the Planning Act and the creation of new Provincial Policy Statements address province -wide issues in the planning process. An information report has been prepared for Council's information and has been included on this evening's agenda. Initiatives specific to geographic areas and features include the Greenbelt Plan and the Greater Golden Horseshoe Growth Plan. Whereas the Greenbelt Plan's focus is on preserving Ontario's specialty crop lands, the Growth Plan's focus is on managing growth in an efficient manner. The strict policies on urban expansions and lot creations in the Greenbelt Area will naturally result in increased development pressures outside of the plan area, specifically in the Greater Golden Horseshoe area and this is where the Growth Plan is intended to provide guidance. The Plans have been designed be complementary to each other without overlapping in jurisdiction. 2. The Draft Growth Plan Basis of the Plan The Province has estimated that the population of the Greater Golden Horseshoe area will increase by 3.7 million people over the next 30 years. This growth is expected to put intense pressure on both resources and infrastructure. The draft Growth Plan is an attempt to comprehensively address the impacts of uncontrolled growth at this scale (such as worsening traffic gridlock, declining air quality and the loss of valuable farmland) by integrating infrastructure investment with planning for growth and the intensification of land use. May 30, 2005 Implementation When the Places to Grow Act and implementing Growth Plan are approved; municipalities will be required to amend their official plans to bring them into conformity with the new act. Appendix 1 illustrates how the Planning hierarchy in Ontario would function once the Growth Plan comes into effect. The Policies Sub -Area Growth Strategies Staff Comments 3 PD- 2005 -23 s North of Prnpnsetl Greenhell a Niagara Peninsula dhamaton am me com mrtaci mm4 5 East of Durham onta SCHE Uttn Proposed Sub- Concept The draft Growth Plan recognizes that not all areas within the Greater Golden Horseshoes should be treated the same way. Consequently, the plan sets specific targets for the Greater Toronto and Hamilton Areas where development pressure is the greatest. It also provides for sub strategies for areas at a scale larger than the upper or single -tier municipalities that will allow a more detailed review of the individual characteristics of that area. Niagara Falls will be included within the Niagara Region sub -area growth strategy as shown on Schedule 8 to the draft Growth Plan. The draft Growth Plan states that the strategy is to be prepared jointly between the Province and municipalities. Municipal involvement in the preparation of the growth strategy should include the local municipalities who would best represent the interests of the local community within the regional context. The local municipality should not be relegated to the position of an end recipient. The draft Growth Plan should provide a time -line for the completion of the sub -area growth strategies and clearly define the implications to local implementation of the plan within this timeline (i.e., are local documents to be amended prior to the completion of a sub -area growth strategy, are the general policies of the growth plan applicable to all areas until sub -area strategies are completed One example of where clarification is needed is with "affordable housing If affordable housing is to be defined by the Region and specific targets are to be set by the sub -area growth strategies, what is expected of lower -tier municipalities until the SAGS is completed. As an amendment to the Growth Plan, the sub -area growth strategy should maintain a clear distinction bet the provincial and regional documents and avoid the 1' duplication of policy on all levels, including the local level. It is important to note that Niagara Falls contains a considerable amount of available residential, commercial and industrial lands. Development statistics for the past few years indicate that Niagara Falls may contain the next wave of growth in the Region. Growth potential should be recognized in the sub -area growth strategy. May 30, 2005 PD- 2005 -23 Niagara Falls was originally identified as an "emerging urban centre" in the 2004 discussion paper. The Urban Growth Centres in the Greater Golden Horseshoe technical paper released in January 2005 concluded that due to the modest level of growth in the Niagara Region, the area could not support multiple `urban growth centres'. Based on transportation infrastructure and the provision of regional services, St. Catharines was identified as having the potential for accommodating higher densities and was therefore identified as the sole urban growth centre in the Region. Niagara Falls (and Fort Erie) have instead been given the designation of a `gateway economic zone' recognizing their unique situations on an international border. Gateway Economic Zone Staff Comments The Growth Plan should contain a clear explanation of a `gateway economic zone' since no definition or policies accompany this designation. The advantages and/or disadvantages of the gateway economic zone designation over an `urban growth centre' is unknown and should be outlined. The implications of the designation on residential growth and land use categorization such as `employment areas' should be fully explained. The form of infrastructure investment intended by the Province to accompany the gateway economic zone designation should be outlined. Niagara Falls is experiencing growth in the tourist sector of its economy. The Growth Plan should include infrastructure investment directed toward this section of growth as there is a major impact on travel/transit through the area. As an example, the City is developing a "Grand Boulevard" which is a pedestrian and publicly owned transit transportation corridor aimed at improving the movement and experience of the visiting tourist. One of the main objectives of the draft Growth Plan is the efficient use of land through intensification. Intensification is defined as the accommodation of new growth within existing built -up areas through such means as: increased building heights, urban design that encourages transit use, a variety of housing types and the rehabilitation of buildings and sites (e.g., brownfields). According to the draft Growth Plan, a minimum of 40% of new residential development is to occur through intensification by 2015. This would allow up to 60% of development to continue to occur on undeveloped lands currently designated for future development. Intensification Staff Comments Intensification of residential development should be accompanied by provincial assistance for the implementation of high density developments with respect to (but not limited to) safety in design, policing, fire services and health issues. Social issues such as social housing, clubs, and support for immigrants should also be addressed. The draft Growth Plan recognizes that although there is sufficient land within the Greater Golden Horseshoe to accommodate development to 2031, there will be localized pressures to expand the urban boundaries in high growth settlement areas. Sub -area growth strategies are required to be completed prior to future expansions and in small cities expansions will only be permitted where a minimum of one full -time job will be created per three residents (or moving toward this ratio). This means that urban expansions in Niagara Falls will have to be assessed for need across a region wide level and that expansions will not result in urban sprawl. May 30, 2005 -5 PD- 2005 -23 CONCLUSION: The 2005 Provincial Policy Statements provide policy directions on matters of provincial interest for all of Ontario. The draft Greater Golden Horseshoe Growth Plan expands on these directions focussing in on responsible growth planning for the fastest growing section of the Province. However, even at this reduced scale of coverage, local differences exist; therefore, the plan provides for sub -area growth strategies. The Growth Plan covers a wide range of policies and can become complex for the public. It is therefore important that for efficient implementation of the planning process in Ontario, duplication between provincial, regional and local planning systems are not created. Further explanations and definitions of terms and concepts referred to in the draft Growth Plan are needed. Prepared by: Boundary Expansions Staff Comments The policies of the draft Growth Plan, and how they affect the City, have been summarized in Appendix 2. Next Steps The Ministry of Public Infrastructure Renewal has requested comments on the draft Greater Golden Horseshoe Growth Plan this spring. The comments submitted are intended as a step toward the development ofa final draft growth plan which the municipality will again have the opportunity of review. Francesca Berardi Planner 2 Recommended by: -2 Doug Darbyson Director of Planning Development Approved by: Clarification on the status of current urban boundary adjustment applications with relation to the Growth Plan must be provided for the sake of applicants and local municipalities. FB:tc T. Ravenda Executive Director of Corporate Services S: \PDR\2005 \PD2005 -23, Draft Growth Plan.wpd Respectfjilly submitted: 1/27 V John MacDonald Chief Administrative Officer Simplification of the Planning Process including the Growth Plan 0 ll 1j ll Appendix 1 Planning Act governs the land use planning process in Ontario (official plans, zoning by -laws, site plans, consents, appeals, etc.) Provincial Policy Statements provide policy directions on matters of provincial interest for all of Ontario Greater Golden Horseshoe Growth Plan expands on the directions and concepts of the Provincial Policy Statements and provides specific policies for the greater golden horseshoe area Sub -Area Growth Strategies recognize that not all areas of the golden horseshoe are alike and therefore provide more detailed policies and actions catering to the specific characteristics of a sub -area of the Plan (intra- and inter regional planning) Regional Policy Plan provides policies specific to the Niagara Region (such as region -wide housing or density targets, servicing, etc.) Municipal Official Plans provide locally specific details Sub -Area Growth Strategies Where and How to Grow Draft Growth Plan for the Greater Golden Horseshoe Policies from the Perspective of Niagara Falls Niagara Falls is within the "Niagara Peninsula" sub area which extends westward to include portions of Haldimand County and the City of Hamilton. There are five sub areas within the Greater Golden Horseshoe. the sub -area growth strategy is to be prepared jointly between the Province and municipalities the sub -area growth strategy is to be integrated into the Growth Plan once completed the sub -area growth strategy takes precedence over the PPS when there is a conflict Population, household and employment growth forecasts Intensification and Compact Development Appendix 2 the Growth Plan contains a projection of population, households and employments for the regions /counties within the Greater Golden Horseshoe (GGH) area. In Niagara, between 2001 and 2031, the population is expected to increase from 427,000 to 511,000 (20 households are expected to increase from 162,000 to 218,000; and employment is expected to increase from 186,000 to 218,000. this data is to be broken down for Niagara Falls and the other local municipalities through the sub -area growth strategy municipalities are to plan for a phased increase in the yearly of intensification such that by 2015, a minimum of 40% of all annual residential development across Niagara will be within a built -up area (i.e., the developed urban area) specific intensification targets for Niagara Falls are to be established through the sub -area growth strategy intensification areas are built up areas that provide for infill and redevelopment the sub -area growth strategy may identify and delineate intensification areas, in addition to urban growth centres, and assign specific density targets for them based on local circumstances. Otherwise, intensification areas will generally be planned to achieve a density of 200 residents and jobs per hectare. infrastructure investment (and other tools such as CIP incentive programs) will be used to facilitate intensification minimum affordable housing targets for Niagara Falls area will be established under the sub- area growth strategy Urban Growth Centres and Intensification Corridors St. Catharines is the only identified urban growth centre in the Niagara Region urban growth centres are to meet or exceed provincial intensification targets and transit supportive densities urban growth centres are to be the focus of transit and infrastructure investment Employment Areas defined as `containing clusters of economic activities' conversions from employment areas to non employment uses or major retail uses are to be permitted only through a comprehensive review, and a) is necessary to address other provincial priorities (community health) or b) the land is not required for employment purposes over the long run and there is no resulting expansion to the urban area lands in the vicinity of major highways, ports, railyards, etc. are to be designated and preserved for manufacturing, warehousing and associated retail Niagara Falls is included within the "gateway economic zone" (Queenston to Fort Erie) where employment areas will be primarily focused on cross border trade, movement of goods and tourism- related opportunities. Designated Growth Areas Greenfields new development in the Niagara Region will generally not be less than 40 residents and jobs per hectare (it is set at 50 residents and jobs per hectare for the GTA Hamilton areas) Urban Boundaries a sub -area growth strategy for the Niagara Sub -Area must be completed prior to the expansion of an urban boundary in Niagara Falls the sub -area growth strategy will assess the need and phasing of designated growth areas (areas designated for growth but not yet developed) Small Cities and Towns small cities and towns are defined as settlement areas without an urban growth centre includes Niagara Falls although urban growth centres are the focus, small cities and towns can continue to grow within the capacity of their local natural systems, water supply and wastewater disposal urban expansions must achieve a minimum of one full -time job per three residents Infrastructure to Support Growth General Policies transportation demand management strategies are to be developed and implemented by municipalities (to reduce trip distance /time /congestion and use of other modes of transportation) transit is the first priority for transit investment to meet the Growth Plan between urban growth centres and between sub areas higher order transit is proposed by 2031 to extend through St. Catharines and through to Niagara Falls (higher order transit operates on its own right of way e.g., Go Transit) the first priority of highway investment is to facilitate the movement of goods by linking inter modal facilities (e.g., highway and rail) international gateways and communities. The plan identifies improved border crossing transportation capacity at the Windsor, Niagara and Sarnia gateways In Niagara, the existing rail corridors, ports, the QEW, Highways 405 406 and the proposed mid peninsula corridor are identified as important modes of moving goods Water and Wastewater Systems sustainable systems should not negatively impact natural systems, groundwater or stream baseflows systems owner should generate enough revenue to pay the full operating capital costs should be expanded as required to support future populations, employment the sub -area growth strategy will incorporate planning for the provision of services within Niagara Protecting What is Valuable The Natural System natural systems (i.e., features areas) will be identified and mapped by the Province (in conjunction with planning and conservation authorities) through the sub -area growth strategy the natural systems when identified are to be incorporated into the Official Plan urban expansions into the natural system are not permitted Agriculture agricultural systems (specialty crop, prime agricultural and rural areas) will be identified and mapped by the Province (in conjunction with planning and other affected authorities) through the sub -area growth strategy the sub -area growth strategy will identify minimum new lot sizes for agricultural uses Rural Areas to support a range of agricultural, recreational, tourism and resource -based commercial and industrial uses the extension of municipal sewer or water services is not permitted for rural areas (except for health issues or to service existing uses) Mineral Aggregate Resources a long -term strategy is to be developed by the Province Conservation Policies municipalities are encouraged to develop water conservation, air quality and energy conservation plans waste diversion will be examined through sub -area growth strategies Cultural Heritage Policies municipalities must conserve significant cultural heritage resources using the Ontario Heritage Act, heritage conservation easements and zoning and secondary plan provisions Niagara Car of s Niagara Falls Canada His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department PD-2005-39 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 30, 2005 Re: PD- 2005 -39, Deeming By -law Blocks 140 141, Registered Plan 59M -90 Galaxy Drive (South Side) Owner: Pasquale DiGiacomo It is recommended that Council pass the by -law appearing in tonight's agenda to designate Blocks 140 141, Registered Plan 59M -90, to be deemed not to be within a registered plan of subdivision. In a letter dated May 18, 2005, the applicant's solicitor submitted a letter regarding the passing of a "deeming by -law" for Blocks 140 141, Registered Plan 59M -90, on the south side of Galaxy Drive, west of St. Paul Avenue and north of Riall Street (see attached letter and Schedule 1). A deeming by -law has the effect of removing the special status granted to whole lots and blocks within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The registration of such a by -law would legally merge the subject properties together and with abutting land held in the same ownership name. The attached Surveyor's sketch (Schedule 2) indicates the subject blocks as Parts 5 6 and additional land owned by the applicant (Parts 1, 2 3 known municipally as 6441 Riall Street). Part 4 is a separate property (6435 Riall Street). The blocks are within the Moretta Estates subdivision registered in 1981 and were designed to be combined with the rear portions of the abutting land on Riall Street to create two building lots in the future. Consent Applications B13/2005/NF B14/2005/NF propose to separate the rear portions of the abutting land and were deferred by the City's Committee of Adjustment on May 17, 2005. This deferral was on the basis that the deeming of the current subdivision blocks is necessary first in order to facilitate the legal merger of all of the applicant's land. The Committee can then consider revised severance applications for each of the two proposed building lots (Parts 2 5 and Parts 3 6). Staff support the proposed lot configurations and no comments were received from area residents through the public notification process for the severance applications. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 30, 2005 PD- 2005 -39 CONCLUSION: The passing and registration of a "deeming by -law" under the Planning Act for Blocks 140 141, 59M -90, will allow the land to be legally combined with the abutting parcels held in the same ownership name. This will facilitate severance applications to create two new building lots with frontage on Galaxy Drive as intended by the original subdivision from 1981. The necessary by -law is included in the agenda. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:\PDR\2005\PD2005 -39, Galaxy Drive (Blocks 140 &141), Deeming By- law.wpd Respectfully submitted: John MacDonald Chief Administrative Officer 05/18/05 15:44 FAX 1 905 357 9686 D.J.McDONALD Daniel J. McDonald DANIEL J. MODONALD, B.A., LL.B. May 18.2005 BARRISTER ANC SOLICITOR BY FAX: 905- 356 -2354 City of Niagara. Falls Corporate Services Department Planning and. Development 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Rick Wilson Dear Sir: D. J. McDonald DJM:jmp P.O. EOX 726 4683 QUEEN STREET NIAGARA PAI IS CANADA L2E 6V5 TELEPFIONE: 305-356-1524 FAX NO: 905 3579686 Re: Consent Applications B13 /2005/NF and B14/2005/NF Further to the May 17 meeting of the committee of adjustment at which time the above referenced matter was deferred for decision I wish to confirm that my client, Pasquale Di Giacomo has no objection to the city passing a by -law deeming blocks 140 and 141 not to be blocks within a plan of subdivision. As discussed this will have the effect of merging all of the parts on the reference plan into one parcel. At the next committee of adjustment meeting the applicant would then request consents to convey parts three and six and parts two and five as separate parcels. Please advise if anything further is required at this time. Yours very truly, RECEIVED MAY 18 2005 PLANNING DEVELOPMENT f�?j 002 /002 Deeming By -Law Blocks 140 141, Registered Plan 59M -90 Galaxy Drive Subject Land K:AGIS Requests 2005\ Schedules VDeeming_Iy _LaicAGalaxy_Ihbnapping.apr GALAXY DR RIALL ST SCHEDULE 1 Location Map s L NTS May 2005 0 co 0 CO M 0 J Q cc 2 0 t a N Z l'A C o 3 40 0 C r -0 15 g m a 0 L L o E U e 2 N 2 Ci O o Q Z i 0 t- C o s :C W O 1 c V p N 0 g 0 2 n r ;1 Zf CC'9Z 10 a N o_ IL S c e C O 66'0L 06 —W R 107 NV Id co 1 9 kr LA SO'9Z ZL 107 I NV [7d y o ce0 O b (60'59 1 SL 03831S/038 312112.41 7121 LLS 03831 510 3 8 9t'LC 107 SCHEDULE 2 10 7 co r —0l'9— n SKETCH FOR LAND DIVISION PURPOSES ONLY ,OT a Plan of Survey. REGISTERED (MUNICIPAL ROAD) i CITY OF NIAGARA FALLS KEY PLAN not to scale aCC0 ne.umn 0 co 0 CO M 0 J Q cc 2 0 t a N Z l'A C o 3 40 0 C r -0 15 g m a 0 L L o E U e 2 N 2 Ci O o Q Z i 0 t- C o s :C W O 1 c V p N 0 g 0 2 n r ;1 Zf CC'9Z 10 a N o_ IL S c e C O 66'0L 06 —W R 107 NV Id co 1 9 kr LA SO'9Z ZL 107 I NV [7d y o ce0 O b (60'59 1 SL 03831S/038 312112.41 7121 LLS 03831 510 3 8 9t'LC 107 SCHEDULE 2 10 7 co r —0l'9— n SKETCH FOR LAND DIVISION PURPOSES ONLY ,OT a Plan of Survey. REGISTERED (MUNICIPAL ROAD) The City of Niagara Falls Canada His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: ohn Elia Acting Superintendent of Recreation Facilities Community Services Department R- 2005 -27 Parks, Recreation Culture 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: akon @city.niagarafalls.on.ca May 30, 2005 Adele Kon Director Re: R- 2005 -27 The Russell Masterson Amateur Athletic Club and The Corporation of the City of Niagara Falls Agreement Jr. `B" Hockey That Council approve a two -year extension of the agreement between The Russell Masterson Amateur Athletic Club and the City of Niagara Falls. The Russell Masterson Amateur Athletic Association has requested the Agreement be renewed. Staff met with members of the Association to discuss the Agreement and recommends that the agreement continue for a two -year period. The only significant change is that in the event that the City opens a new arena facility during the term of this Agreement, or any renewal thereof, the City shall have the option of terminating this Agreement at any time, provided that the City gives the Licensee at least 90 days prior written notice of its intention to exercise this right. Another change in this agreement is the rental fee per hour of ice time used, which rates reflect charges approved by Council for a two -year period commencing May 31, 2005 to May 30, 2007. d by: Respectfully submitted: John MacDonald Chief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 30, 2005 R- 2005 -27 Recommended -EX: Adele Kon Director of Parks, Recreation Culture JE /das S: \Council \Council 2005 \R 2005 -27- Agreement with Russell Masterson Amateur Athletic Club.wpd The City of Niagara Falls 1 Canada f His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Prepared Elia Acting Superintendent of Recreation Facilities Recommended-by: 7 G Community Services Department R- 2005 -28 Parks, Recreation Culture Adele Kon 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) 356-7404 E -mail: akon ©city.niagarafalls.on.ca May 30, 2005 Re: R- 2005 -28 -The Chippawa Jr. "C" Hockey Club and the Corporation of the City of Niagara Falls Agreement That Council approve a two -year extension of the agreement between The Chippawa Jr. "C" Hockey Club and the City of Niagara Falls. The Chippawa Jr. "C" Hockey Club has requested the Agreement to be renewed. Staff met with members of the Hockey Club to discuss the Agreement and recommends that the agreement continue for a two -year period. The only significant change is the rental fees per hour of ice time used, which rates reflect charges approved by Council for a two -year period commencing May 31, 2005 to May 30, 2007. Adele Kon Director of Parks, Recreation Culture JE/das Respectfully submitted: 1 i 1 7, J John MacDonald Chief Administrative Officer S: \Council \Council 2005 \R 2005 -28- Agreement with Chippawa Jr. C Hockey Club .wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services The City F of Niagara Falls Canada Community Services Department MW-2005 -76 His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: 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 30, 2005 Re: MW- 2005 -76 Moratorium on Signs RECOMMENDATION: It is recommended that the City proceed with public and stakeholder's meetings for input on the new proposed sign by -law BACKGROUND: At the February 28, 2005 Council meeting the following motion was passed, "Ordered on the motion of Alderman Wing, seconded by Alderman Morocco that staff bring back a report on a possible interim sign by -law to freeze development of new billboards and signs." Again on May 16, 2005, the following motion was passed, "that staff brings back a report detailing whether restrictions can be imposed on offensive billboard content in certain areas of the City and further that a moratorium he introduced restricting billboard signs until the implementation of the new sign by- law." City staff has under taken an investigation regarding the matter and is of the opinion that a by -law cannot be passed that would freeze the approval of any new sign. The existing by -law could be amended such that no new billboard would be permitted. This is based on our review of the Town of Oakville sign by -law that was challenged all the way to the Supreme Court of Canada. The Town of Oakville by -law defines a billboard sign as a sign greater than 7.5 square meters (80 square feet) in size and prohibits billboards. As indicated the clause banning billboard was challenged all the way to the Supreme Court and the ruling was that although there was an infringement to the Charter of Rights the infringement was reasonable. Accordingly, the by -law as passed by the Town is valid. As it is Council's desire to control the explosion of new signs that are being installed until the new sign by -law is passed other items that can be considered would be the banning of roof top signs that Building and By -law staff have indicated there are considerable applications being made for. The Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services May 30, 2005 MW- 2005 -76 Court in the Oakville by -law case found the third -party sign provisions unconstitutional. However, the Court found that the problem could be overcome through more careful drafting of the by -law definitions. What this means is that a sign could only be placed on a building or property that promotes the business that is located on the property or within the bulding. If Council so desires, notice could be given at the May 30, 2005 Council meeting indicating that a public meeting will be held on June 13, 2005 to consider changes to the existing by -law which would include a ban on third party advertising, a revised definition of a billboard and a ban on roof top and billboard signs. Such a meeting would be most beneficial in a subsequent constitutional challenge. The Court upheld the Town of Oakville's sign by -law in part because there had been a study and discussion with the public, and the sign industry in the preparation of the by -law. This would have to be advertised in the Niagara Falls Review seven days prior to the June 13, 2005 meeting and the public and stakeholders would then have an opportunity to voice their concerns regarding the proposed changes at the Council meeting. Another option for Council to consider is to proceed with the implementation of the new sign by- law. Included in the proposed by -law as recommended by the consultant is no third party advertising other than on billboards, the capping of the number of billboards within the City of Niagara Falls and restricting it to commercial districts, banning of roof top signs other than the Clifton Hill district. As part of the process public meetings would be held with the effected stakeholders and the public at large to solicit input on the concerns that they may have. This information would then be brought forward to Council at a public meeting for consideration prior to approval of the by -law. The schedule that staff proposes is as follows; 1. June 27, 2005 presentations of the sign by -law review study and proposed draft by- law. 2. Weeks of June 27 July 4, 2005 stakeholder meetings which include members of the sign industry and business community as well as a meeting for the public at large. 3. July 25, 2005 presentation to Council on the input received from the public and stakeholders. 4. August 8, 2005 implementation of the new sign by -law. In regards to the concerns expressed as to the content of the signs included is section 99 of the Municipal Act 2001 that forms the basis of many key provisions in a sign by -law. Section 99 of the Municipal Act, 2001- Advertising Devices The following rules apply to a by- law of a municipality respecting advertising devices, including signs: 1. Before passing the by -law, the municipality shall give public notice of its intention to pass the by -law. 2. The by -law may prohibit and regulate the message, content and nature of the signs, advertising and advertising devices, including any printed material, oral or other communication or thing, promoting adult entertainment establishments, but nothing May 30, 2005 3 MW- 2005 -76 3. The by -law may authorize the municipality to enter land and pull down or remove an advertising device, at the expense of the owner of the advertising device, if it is erected or displayed in contravention of the by -law. 4. The by -law does not apply to an advertising device that was Lawfully erected or displayed on the day the by -law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the advertising device or a change in the message or contents displayed shall be deemed not in itself to constitute a substantial altercation. 5. The municipality may authorize minor variances from the by -law if in the opinion of the municipality the general intent and purpose of the by -law are maintained. As indicated under 99 subsection 2 of the Municipal Act the City may prohibit and regulate the content of advertising as it relates to adult entertainment establishments only. City staff is in the process of developing appropriate wording with the assistance of an outside solicitor that would address the concerns as addressed by Council. Based on the above it is staff's recommendation that the City proceeds with the implementation of the new proposed sign by -law. Council concurrence with the above recommendation would be appreciated. Prepared by: Respectfully submitted: jai Ed Dujlovic, P.Eng. Director of Municipal Works in this paragraph limits the power to pass by -laws with respect to any other business or person. John MacDonald Chief Administrative Officer S: \REPORTS\2005 Reports\MW- 2005 -76 Moritorium on Signs Sign By- Law.wpd