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2005/08/29COUNCIL MEETING Monday, August 29, 2005 Order of Business and Agenda Package COUNCIL MEETING August 29. 2005 PRAYER: Alderman Selina Volpatti ADOPTION OF MINUTES: Council Minutes of August 8, 2005 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Thundering Waters ITEM NO. 35 DEPUTATIONS/ PRESENTATIONS Women's Place of South Niagara Ruthann Brown, Executive of Director of Women's Place of South Niagara will provide information relating to the agency, give an update on the construction of their new shelter in Niagara Falls and tell Council of their upcoming golf tournament. Dragan Matovic, Thundering Waters Golf Course will make a presentation to Council regarding the recent opening of the Thundering Waters golf course and a presentation to the Boys and Girls Club from funds raised in association with the opening. PLANNING MATTERS Public Meeting AM- 15/2005, Official Plan Zoning By -law Amendment Application 4431 Victoria Avenue (former Kimberly -Clark Building) Applicant: Gomar Enterprises Inc. Proposed Festival Market Dinner Theater -AND- ITEM NO. 36 -AND- ITEM NO. 37 -AND- -2- Background Material: Recommendation Report: PD- 2005 -65 Correspondence from the Downtown Board of Management Correspondence from Mike Cushman Public Meeting AM- 21/2005, Zoning By -law Amendment Application 5225 Ontario Avenue Applicant: Robert James Craig Proposed Cottage Rental Dwelling Background Material: Recommendation Report: PD- 2005 -63 Submission from Correspondence Correspondence Correspondence Correspondence Correspondence Correspondence Correspondence Correspondence Correspondence Correspondence Robert James Craig, Owner from Gladys Quirt from Shirley Pelletier from Peter Oliana Blanko Curic from Anna Greg from Villa Gardenia Bed Breakfast from Rose Kukula from Dave Sue Wheeler from Sandra Denis Ka!lies from the Region Planning Development Department Public Meeting AM- 20/2005, Zoning By -law Amendment Application Dorchester Road (East Side), 6846 Frederica Street Applicant: Peter J. Last Proposed Townhouse Existing Church Background Material: Recommendation Report: PD- 2005 -68 Correspondence from Bernice Ciupa et al Correspondence from Ron Giberson Correspondence Daphne J. House Correspondence from the Region Planning Development Department Correspondence from the Ministry of Transportation 1. Chief Administrative Officer PD- 2005 -64 Site Plan Agreement, SPC 11/2001 5534 Stanley Avenue, Glengate Hotel (1331207 Ontario Inc.), Authorization for the City to Proceed with Completion of Site Works Under a Site Plan Agreement 2. Chief Administrative Officer PD- 2005 -67 Site Plan Agreement, 5481 Dunn Street Applicant: Helias Enterprises Limited Proposed Phasing of Streetscape Improvements by an Agreement Executed under Section 37 of the Planning Act -AND- 3 MISCELLANEOUS PLANNING MATTERS MAYOR'S REPORTS. ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Second Chance Kids Re: Grandparents Day requesting that September 11, 2005 be proclaimed as "Grandparents Day RECOMMENDATION: For the approval of Council. 2. Carol Michitsch Re: Chippawa Kinsman Empire Park requesting that the park not be removed. E -mail from the Director of Parks, Recreation Culture RECOMMENDATION: That the matter be referred to the Recreation Committee and the Strategic Plan for consideration. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. -4 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Selina Volpatti, Chair) 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. F- 2005 -40, Portuguese Canadian Credit Union, Approval of Letter of Credit, Grand Niagara Golf Corporation FS- 2005 -07, 2006 Combat Challenge Nationals Event, Agreement with the Dennis Group; L- 2005 -28, Release of Agreement, 2907 Stanley Avenue; L- 2005 -29, Release of Agreement, Lot 48, Registered Plan 59M -274; L- 2005 -26, Declare Surplus and Offer for Sale Part 1 on Reference Plan 59R -9460; MW- 2005 -108, 2005 Asphalt Overlays Phase 2; PD- 2005 -61, City's Sidewalk Cafe Guidelines High Pedestrian Traffic Areas Within the City; PD- 2005 -62, Matters Arising from the Municipal Heritage Committee Meeting of July 27, 2005; PD- 2005 -66, Niagara Falls Official Plan Upcoming General Updates and Modifications; R- 2005 -31, Lease Agreements with Tenants of the MacBain Community Centre; 5 BY LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2005 -133 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2005 -134 A by -law to establish Block 6 on Registered Plan 59M -310 as a public highway, to be known as and to form part of Front Street. 2005 -135 A by -law to establish Part 1 on Reference Plan 59R -12800 as a public highway, to be known as and to form part of Portage Road. 2005 -136 A by -law to amend By -law No. 2004 -191, being a by -law to permit the development of lands on the north side of Thorold Stone Road and west side of Stanley Avenue for light industrial use, which amended By -law No. 79 -200. (AM 13 -2004) 2005 -137 A by -law to authorize the entering into a lease with Diebold Election Systems ULC. 2005 -138 A by -law to authorize the execution of a Lease with Niagara Falls Big Brothers Big Sisters Association Inc. respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -139 A by -law to authorize the execution of a Lease with 1624609 Ontario Inc., operating as "Centre Court Cafe" respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -140 A by -law to authorize the execution of a Lease with Heart Niagara Inc. respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -141 A by -law to authorize the execution of a Lease with Niagara Falls Public Library Board respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -142 A by -law to authorize the execution of a Lease with United Way of Niagara Falls respecting the lease of a portion of the lands and premises located at 6 the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -143 A by -law to authorize the execution of a Lease and Operating Agreement with YMCA of Niagara respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls, and the terms and conditions of the operation of said YMCA of Niagara. 2005 -144 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29 day of August, 2005. NEW BUSINESS m. wivsvrnn rw -Y-1.) r raxx a,0vun., VI7 MEN'S PLACE OF SOU i<<`, f NIAGARA INC. FRIDAY SEPTEMB NIAGARA FAL Date: 7/20/05 Time: 12:30:06 PM FLt 3 CLERKS' 05 0720 1440 REGISTRATION: 1l 30AM SHOTGUN START: 1:00P/VI DRESS CODE IN EFFECT EARLY BIRD REGISTRATION $110 BY AUGUST 1sT REGISTRATION AFTER AUGUST 1ST CHAIRS BOB MUIR TOM SNODGRASS 2ND ANNUAL CHARITY GOLF TOURNAMENT P: (905) 353 -0361 F: (905) 353 9647 Page 1 of 1 The City of Niagara Fall Canada Members: His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that: 1) Council approve the application for an Official Plan and Zoning By -law amendment for a festival market and dinner theatre with associated uses as detailed in this report; and 2) the amending zoning by -law include a holding provision that can be removed upon satisfactory completion of a traffic study, record of site condition and confirmation of right of access to the property. BACKGROUND: Proposal Corporate Services Department PD- 2005 -65 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @city.niagarafalls.on.ca August 29, 2005 Re: PD- 2005 -65, Official Plan Zoning By -law Amendment Application AM- 15/2005, 4431 Victoria Avenue (former Kimberly -Clark Building) Applicant: Gomar Enterprises Inc. Proposed Festival Market Dinner Theater The amendments submitted propose the renovation of the existing vacant industrial building (formerly used by Kimberly Clark) into a festival market and dinner theatre. The lands are located at the northwestern intersection of Victoria Avenue and Bridge Street. The lands have a total lot area of 1.89 ha (4.69 ac and contain a 3- storey, 5,725.8 sq. m (61,635 sq. ft.) industrial building. The proposed festival market and dinner theatre proposal consists of the following• Indoor Market Area Doug Darbyson Director 2,768 sq. m (29,797 sq. ft.) dedicated to the sale of exclusive items from around the world interspersed with casual entertainment in the form of buskers, stilt walkers, clowns, jokes, illusions and pranks throughout the day. Outdoor Courtyard Area 2,072 sq. m (22,310 sq. ft.) of landscaped outdoor area 40% of which is requested for seasonal outdoor market use. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 Children's Area 316 sq. m (3,400 sq. ft.) including an educational play area intended to provide special facilities and events to entertain the children of patrons enjoying the on -site activities. Dinner Theatre 650 seats Restaurant 200 seats Food Court 100 seats The lands are currently designated Industrial in the City's Official Plan and zoned General Industrial (GI) in By -law No. 79 -200. The applicant has requested a Major Commercial designation in the Official Plan with special policies to guide future development of the site. An amendment to rezone the lands to a Central Business Commercial (CB) zone with holding provisions has also been requested. Surrounding Land Uses The property is located at the intersection of two arterial roads and is surrounded by local serving commercial uses along and south of Bridge Street, a car sales establishment to the east, a rail corridor and industrial uses to the immediate north and commercial uses to the west (Gales Gas Bar, Farr Lumber). Circulation Comments Parks, Recreation and Culture No objection. Building By -law Services No objection. Regional Planning No objection. However, development should be subject to satisfactory completion of a record of site condition and a traffic impact study. Regional Public Works Municipal Works Traffic Parking Services CN Railway Properties Planning Analysis 2 PD- 2005 -65 A traffic study is needed. The site plan process should address the sewer easement and the protection of survey evidence. No objections, subject to site plan control to ensure that: an easement is to be placed on the sanitary sewer traversing the land; and a 3 m road widening along Victoria Avenue be dedicated to the City. A traffic study is required. Authorization for use of the City owned loop access from Victoria Avenue is needed. Applicant to work with CN Railway Properties regarding site plan details. 1. The proposed Official Plan amendment is appropriate. The subject site and existing structure have been vacant for a number of years and have not received interest for industrial purposes. The Victoria Avenue/Bridge Street intersection is highly travelled and highly visible. It forms a connection between residential uses and the downtown and is on the August 29, 2005 3 PD-2005-65 most direct route between the tourist districts of Clifton Hill (Casino Niagara) and Whirlpool (Great Wolf Lodge). The subject site is appropriately located and has sufficient lot area (4.69 ac.) to support commercial development. The proposed redesignation of the subject property does not represent a major expansion of a commercial area. The City' s Retail Analyst, Henry Joseph, has suggested that a limited commercial component, comprised of a series of small operators, of less than 2,787 sq. m (30,000 sq. ft.) should not affect the downtown. The applicants have submitted a letter of market review for the proposed festival market development. In his letter, Mr. John Winter of John Winter Associates Limited, Management Consultants, states that the gross leasable floor area proposed by the indoor market totals approximately 1,382 sq. m (14,878 sq. ft.) which represents a minor increase (9 to the existing commercial area of the downtown and less than 2% of the total commercial area of the entire City. The amount of outdoor seasonal market area as requested by the applicants would add approximately 829 sq. m (8,924 sq. ft.) of gross floor area. In total, a possible 2,211 sq. m (23,800 sq. ft.) of retail space is proposed which is less than the general guideline offered by Mr. Joseph. The applicant's consultant has stated that the proposal should not detract from downtown revitalization. The proposed Official Plan amendment can be considered as an extension of the Major Commercial designation of the Central Business District. The subject lands are identified as part of the Western Gateway in the recently approved Downtown Niagara Falls Community Improvement Plan (CIP). The Western Gateway is identified as one of the principal entrances into the downtown and the intersection of Victoria Avenue and Bridge Street is identified as a key redevelopment site in this district. In view of its location at the western edge of the downtown and its inclusion within the Downtown CIP Study Area, the subject lands can be considered to form part of the downtown commercial area. The Official Plan places the Central Business District (CBD), or downtown, under the "Major Commercial" designation. Specific policies for areas within the CBD are contained under Policy 3.2.2. A new subsection to Policy 3.2.2, specific to the site, can outline the nature of development supported on this site and prerequisites to development as outlined below. The Downtown Niagara Falls Community Improvement Plan The Downtown CIP identifies the intersection of Victoria Avenue and Bridge Street as one of the principal entrances into Downtown. This, in conjunction with the direct access that Victoria Avenue provides between tourist commercial uses to the north and south, makes this intersection a potential catalyst for redevelopment in the downtown area. In his letter, Mr. Winter identifies the target market for the proposed development, with its unique type of merchandise and entertainment, as the tourist, or destination- oriented, market. He also states that the retail and services uses in the Victoria Avenue and downtown areas which serve the population on a daily, weekly or biweekly basis would not be adversely affected by the additional commercial floor area proposed and may benefit from additional patrons attracted by the festival market use. A commercial redesignation of these lands should be accompanied by policies that encourage the development of uses that will enhance, rather than detract, from the redevelopment of the downtown area as envisioned in the CIP and the commercial uses along Victoria Avenue. Conditions of Development A traffic impact study for the subject lands is being completed as part of the City's Traffic Study for the Niagara Parkway, Victoria Avenue and Bridge Street area. The Study will look at the impact of the development (as well as the Great Wolf Lodge) on the function and design of the August 29, 2005 4 PD-2005-65 BridgeNictoria intersection, the capacity and level of site access to travelling Avenue, and on -site circulation and parking. Any conditions identified by the Impact Study would have to be met by the applicants. An environmental record of site condition (RSC) for the proposed development is also being prepared for the applicant. The RSC will identify any environmental contamination that may remain from the previous industrial use and outline the required program for clean up or mitigation if needed. An approved RSC ensures that any required clean up or mitigation has been completed. Access to the subject site is limited by the Victoria Avenue overpass. The property does not have direct frontage onto Bridge Street. An access loop off of the east side of Victoria Avenue has accommodated traffic to the rear of the subject lands in the past by travelling under the overpass. The access loop is owned by the City, however, no right of use is registered on the lands in favour of the subject site. The applicants are pursuing right of access for use of the access loop from the City. These issues should be addressed prior to development, therefore, it is recommended that the proposed Official Plan amendment identify the holding provisions that are to be placed against the implementing zoning by -law amendment to ensure their satisfactory completion. A draft Official Plan amendment is attached as Appendix 1. The amendment may be refined subsequent to public input received at tonight's public meeting. 2. The proposed Zoning By -law amendment is appropriate. The proposed Central Business Commercial (CB) zoning would be an extension of the CB zone that currently applies to the lands east of Victoria and south of Bridge Street into the downtown. It is appropriate for this site. The application proposes a Central Business Commercial (CB) zone which will specifically permit the Festival Market and Dinner Theatre use and will omit those uses which may be deemed undesirable from a planning perspective. The implementing zoning by -law amendment will include a definition for each of the proposed uses as well as the parking requirements associated with them. The by -law will also identify those uses currently permitted in a CB zone that will be excluded from the subject lands (for example• car rental, drive -in restaurant, dry cleaning establishment, printing shop, mechanical garage, adult store, nightclub). A list of permitted uses will be developed for the zoning amendment in consultation with the applicants and the Downtown B.I.A. where concerns are identified. The City's Zoning By -law contains a definition ofa nightclub use and sets out setback requirements between a nightclub and either another nightclub or licensed facility. Although a nightclub use was not specifically requested in the application, the 650 -seat dinner theatre could be considered a nightclub under the definition. The City has had concerns with nightclub uses in the downtown area in the past which lead to the creation of the nightclub by -law in 2004. The implementing zoning amendment will define the dinner theatre as a 650 -seat dining area with the provision for entertainment (as proposed by the applicant) and exclude a nightclub from the list of permitted uses. The applicants have proposed seasonal use of the outdoor courtyards for an outdoor market use. A limit of 40% of the total area of the courtyards is to be used. The use of tents or seasonal structures needs to be recognized in the implementing by -law, however, sufficient parking is not available on site. As such, the applicants have indicated that the outdoor market use will not be pursued through this amendment. August 29, 2005 5 PD- 2005 -65 CONCLUSION: The requested Official Plan and Zoning By -law amendment application for commercial use is recommended for approval since: the proposal conforms to the general objectives of the Official Plan; the site is suitable for the proposed festival market, dinner theatre use and restaurant use; the proposed uses are considered compatible with adjacent land uses; conforms with the Downtown CIP as a gateway project; according to the submitted market review the dinner theatre, festival market and restaurant use will serve the tourist market and, to a lesser extent, the local market and can attract consumers to the existing local commercial uses without detracting from the downtown or local serving uses; and the completion of the traffic study, record of site condition and right of use of the access loop off of Victoria Avenue will ensure that the impact of the development will be satisfactorily addressed. Prepared by: ra cesca Berardi rancesa Planner 2 Recommended by: Doug D ba y4 son Director of Planning Development Approved by: A T. Ravenda Executive Director of Corporate Services FB:gd Attach. As noted above, the implementing zoning by -law amendment will contain an `H' or holding provision pending the approval of the traffic study, Record of Site Condition, and verification of right of access. Other provisions to be included within the implementing zoning amendment include existing building setbacks, landscaping requirements, and floor area limits for the specific uses. Landscaping requirements should reflect the CIP which promotes the Bridge- Victoria Street intersection as a gateway. Development that is close to the street, with appropriate lighting, pavement and planting treatments is recommended by the Downtown CIP as a way to provide an engaging and pedestrian friendly setting. S:\PDR\2005\PD2005 -65, AM -15 -2005, Gomar Enterprises, 4431 Victoria Ave.wpd Respectfully submitted: John MacDonald Chief Administrative Officer PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Subject Land shown on the map attached hereto, entitled "Map 1 to Amendment No. shall be redesignated from Industrial to Major Commercial. 2. TEXT CHANGE PART 2, SECTION 3 COMMERCIAL, is hereby amended by adding the following new subsection: 3.2.2.4 The intersection of Victoria Avenue and Bridge Street is located between residential neighbourhoods, the downtown and tourist commercial areas. As such, this intersection serves as a gateway for the downtown. The lands located at the northwest corner of this intersection shall be encouraged to redevelop for entertainment, cultural and specialty commercial purposes in order to act as a catalyst to the revitalization of the downtown and to reinforce the function of the CBD. The Major Commercial policies of Section 3 shall continue to apply to these lands. To ensure that the development of the property enhances the gateway function of the intersection, provisions shall be included in the amending by -law to regulate the uses, parking requirements, landscaping and site design. In order to ensure that any existing environmental issues are addressed and that there will be no issues regarding traffic flow on or to the site the implementing by -law shall include a holding symbol "H The holding symbol shall only be removed upon receipt of a completed record of site condition and the completion of a traffic impact study to the satisfaction of the City and the Region. S A OFFICIAL .PLMAMEND\Am- 15 -05\BODY_AM 15 -05.wpd Location: Applicant: Art K: Ui15_ RN��u4 \aoningAMLAM -I5.n pingapr SCHEDULE 1 LOCATION MAP Subject Land I1 Subject Lands HAMILTON ST I E I1 a MIS 0 0 SnG 1 1 EY ST 1 1� BRIDGE ST 111111112 111 FERGUSON ST y PT Amending the Official Plan and Zoning By -law No. 79 -200 4431 Victoria Avenue Gomar Enterprises Inc. E 1:NTS AM- 15/2005 holy 2005 'TT'//��� i)own Niagara allS Board of Management June 29, 2005 Dear Members: P.O. Box 5, Niagara Falls, Ontario L2E 6S8 His Worship Mayor Salci And Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 hlIAG. FALLS CLERKS 't 15 NT {i? 11.2? Tel.: (905) 354 -0606 Fax: (905) 354 -5541 bia niagarafallsdowntown.com www.niagarafallsdowntown.com Re: Old Kimberly -Clark Building (Victoria Ave. near Bridge St.) At a regular meeting of the Downtown Board of Management held April 12 of this year, the Board agreed to support the development of "Festival Market" at this location The extensive makeover of this building as described to the Board include entertainment on three levels, international boutiques, an artist park, food court, a children's education and play area and a farmer's market area. The developers of this project will restore the building, create employment opportunities and cater to local residents and tourists with affordable family oriented entertainment. The development plans will improve the look of this old downtown building and follows the projected vision of downtown, and it will aid in making Downtown Niagara Falls more appealing as a destination. The revitalization of downtown can and will happen success is incumbent on everyone working together in order to realize the vision. Yours truly, Cal Beresh Chairman Downtown Niagara Falls: Where Variety Makes the Difference File AM- 15/2005 RECEIVED AUG 082005 PLANNING DEVELOPMENT Aug 7/2005 This is an Appeal to the proposal of the redevelopment of a 4431 Victoria Ave The property has sat dormant for decades. To redevelop property before enforcing the land to be properly decontaminated is a danger to public health The fact that the property has been there for decades and no -one has used it says that there is contamination on it I Has there been any bore samples taken to verify the amount of contamination on the property 2. Has there been any bore samples taken to verify what kind of contamination is on the property 3. Was the property bought by an owner that did not need a mortgage ,if so then the owner did not have to get soil samples taken when they bought the property This is a loop for the rich ,but a killer for the people that live around that property If a piece of property is bought by some one and they do not have a mortgage (they pay cash then they are not requ to get soil samples taken .Is this true? 4. Has there been any monitoring of the air on that property to verify if any toxins are evaporating off of that property 5. Once the ground is broken will there be any monitoring of the air (air samples taken to verify public health is not effected 6. We have the Polluter Pays Principle which was used in Quebec ,and B.C. effectively and many other laws and regulations that were supposedly put in place to protect our health and environment ,yet the city insists on leaving toxic industrial lands to freely evaporate leach ate and saturate our environment .Why do the people of Niagara Falls get exposed to decades of toxic waste and then once city officials get sick of looking at the old site they revamp the laws or tweak the system to re -use the old site 7. If the first five feet of soil test clean on a property is this acceptable land for the city to re -use 8. If so what about the toxins buried below five feet that pose a health risk by saturation flooding (when it rains allot and water saturates up and brings toxins from below) once the toxins reach the surface they flow with the water These toxins below five feet also flow underground with the natural drainage waters into rivers and streams posing health risks to people that live along the water ways After decades of allowing these natural occurrences of evaporation ,saturation flooding and leach ate ,the government expects the pollution to be gone? What happens to the surrounding population that has been exposed to these pollutants? 9. There is a property behind this one on Victoria Ave which also was contaminated years ago and also has never been properly decontaminated .This property has tons of cyanide ,heavy metals ,tar pitch waste ...which was never controlled and therefore the cyanide and other wastes must have migrated onto this property also the company (Cyanamid) buried there waste outside the property and probably on the Victoria Ave site Bore samples must be taken to ensure that the public will not be harmed by breaking ground on the site .To suggest a food court or any public presence on this property for a long period of time is inviting a disaster .When properties are not monitored ,or allowed to freely and naturally drain and evaporate ,how can one expect the toxic contamination to not harm? 10 How can a figure of authority forget the past ,when the past was full of mistakes that have and will hams the environment and living creatures of all kinds 11. The Kimberly Clark building still stands today because every one knows to clean up that property properly one would have to dig down 75 feet to decontaminate it .Instead to stop urban sprawl the city suggests to ignore the past and just allow these companies to go unpunished and get rewarded for their negligence by allowing the re -use of these contaminated lands ,without a proper clean up .The people of Pla an n n n iingg mein Niagara Falls have suffered ,Cancers ,heart disease ,multiple sclerosis ,reproductive problems ,learning disorders ...the highest rates of these diseases are found here in Niagara Falls ,yet we do not attribute this to the industrial pollution buried all around us to these diseases. The city suggests to move on and build on these properties. I ask that you enforce standing laws and regulation to clean up and study these brown field and redevelopment programs ,it is your responsibility to protect our future generations health .I can accept what was and is done to our generation of peoples ,but to ignore it and expose the future generations to the same toxins is unacceptable. We must accept what we have done and clean it up. The rich are getting richer and we are dying. The companies have long been gone and their toxic mess still stands and posed a ticking time bomb threat once you break this ground the time bomb will go off .please stop this insane redevelopment program and face the facts Buried toxic waste does not sit dormant it migrates with water .It evaporates and rains somewhere else exposing others .The Polluter pays Principal is the best defense to protect our environment and health .The EPA ,OWRA ,Migratory Birds Act ,Federal Fisheries Act all can put an end to these poorly administered situations. Ignoring what we have done and moving on is not the proper solution to protect our health and the environment Brown field redevelopment and Smart Growth are not smart, removing contaminated soil and dumping it some where else is not the answer either. If contaminated soil is treated (Plasma gasification so that it is decontaminated ,then it is acceptable to put it some where else. When will the city ,Regional ,Provincial ,and Federal Governments step up and do the responsible thing Your job is to protect our people, making decisions for our best interests. The cheapest solution is not the best and we deserve better. Companies must be held accountable and tax payers should not be left to pay for any negligent toxic lands Although the government that regulated and allowed these properties to be contaminated the companies are responsible for their own actions. The acting governments must enforce the protection of it's people not the protection of the mistakes it made. Sincerely Mike Cushman 6246 Arad Street, Niagara Falls, Ont. Can. L2G -2Z6 905- 374 -1064 Niagara' WI Region August 17, 2005 PLANNING AND DEVELOPMENT Ms. Francesca Berardi Planner 2 City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Ms. Berardi: Re: Official Plan and Zoning Amendment Applications Proposed Festival Market Victoria Avenue, north of Bridge Street City of Niagara Falls Your File No: AM- 15/2005 This application proposes amendments to the City's Official Plan and Zoning By -law to permit the redevelopment of a former industrial property for a festival market. A vacant industrial building is to be renovated to accommodate a 650 seat dinner theatre, a 200 seat restaurant, a 100 seat food court, a children's play area and a 1,854 square metre (19,957 square foot) retail area. An outdoor landscaped courtyard area with an outdoor market area is also proposed along with 284 parking spaces and landscaping along Victoria Avenue. The festival market is to provide a mix of entertainment and small boutique type vendors offering foods and items from around the world. These lands are located within the Regional Urban Areas Boundaries and are currently designated and zoned for industrial purposes in the Niagara Falls Official Plan and Zoning By -law. To facilitate the proposed festival market, the site is to be redesignated and rezoned in the City's documents to site specific commercial categories. The festival market will have a strong tourist commercial orientation and as such is an urban use that should be located within the Regional Urban Areas Boundaries. The festival market is an interesting concept that has the potential to be a unique tourist attraction in the City. As a tourist commercial facility, it should not compete with the Downtown Queen Street Area. The Victoria Avenue Bridge Street intersection has been identified as a gateway to the Downtown by the City's Downtown Community Improvement Plan. The development of the proposed festival market shewld ^mnkc a positive contribution to this gateway intersection and the western end of th a jll t� I V E D AUG 2 3 2005 PLANNING Building Comn. Building Lives. The Regional Municipality of 3550 Schmon Parkway, P.O. Thorold, Ontario L2V 4T7 Telephone: 905 984 -3630 Fax: 905-641-5208 E -mail: plan @regional.niagara.on.ca File: D.10.M.11.21 D.10.M.11.23 2. f1CVC, Based on these considerations, Regional Planning staff support the proposed amendments to implement the festival market. The site has a long history of industrial uses. Therefore, the possibility of site contamination must be considered, especially as the proposed festival market would be classified as a sensitive land use. To address the issue of possible site contamination, we understand that the proposed zoning amendment is to include a holding provision which will not be removed until a Record of Site Condition (RSC) is filed and acknowledged by the Ministry of the Environment. We would appreciate a copy of the RSC and the Ministry acknowledgement. In addition, a traffic impact study must be submitted before the holding provision is lifted. Regional Planning staff support the use of a holding provision for the zoning amendment. Finally, enhanced landscaping should be provided along the Victoria Avenue frontage to complement the proposed Victoria Avenue Bridge Street gateway. The landscaping details can be addressed at the site planning stage. In conclusion, Regional Planning staff support the proposed festival market provided that the zoning amendment contains a holding provision to address the need for a Record of Site Condition. Yours truly, David J. Farley Director of Planning Services 2 c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. W. Stevens, Regional Public Works Tw /OP and ZA- Proposed Festival Market -NF AUG -29 -2005 04:22P FROM:WALKER GROUP 212 645 0461 August 29, 2005 RE: Hearing on Kimberly Clark building Dear City Council Members: r JAG, FAIL I!. ERKS 6 FOR CITY COUNCIL HEARING OF AUGUST 29 2005 Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 TO: 919053569003 P:2 Regarding the Proposed Festival Market plan under consideration. for Zoning By -law amendment this evening, we recommend for the ruling to await the completion of the recently initiated plan study for Niagara's downtown. Regardless of the viability or appropriateness of the proposed amendments, such a large development should be considered in relation to the larger Downtown initiative to insure a mutually beneficial outcome. While the site under consideration is located on the edge of the downtown, and not at the heart of the historic city as defined by the Queen Street corridor, it will mark an important entrance at Victoria Avenue. The efforts to revitalize the long neglected downtown of Niagara will largely rely on integrating the downtown with the larger region on the whole, with Victoria Avenue being the main corridor by which this will be achieved. Respective of all previous and concerted efforts to insure this development's adhesion to the City's Official plan, we recommend that action awaits the implementation- oriented downtown plan study currently underway. With Regards, Michael Laviano, AIA WalkerGroup cc:Jay Valgora, George Kewin WalkerGroup /CNI Y X 1 1. L „>A 1 6. t1J110 r ..J GT, (141;1 The City of Niagara Falls Canada r His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that Council: 1) approve the Zoning By -law amendment application to permit a cottage rental dwelling on the subject land; and 2) direct staff to undertake a study on cottage rental dwellings and possible need for locational criteria of licensing matters, if Council deems it desirable. BACKGROUND: Corporate Services Department PD- 2005 -63 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 August 29, 2005 Re: Re: PD- 2005 -63 Zoning By -law Amendment Application AM- 21/2005, 5225 Ontario Avenue Applicant: Robert James Craig Proposed Cottage Rental Dwelling Robert James Craig has requested an amendment to Zoning By -law No. 79 -200 for a 530 square metre (5,715 square feet) parcel of land known as 5225 Ontario Avenue, as shown on Schedule 1. The applicant is requesting to recognize the use of the existing dwelling as a cottage rental dwelling. Refer to Schedule 2 for the details of the development. The land is currently zoned Residential Single Family and Two Family 2 (R2 -2) with special zoning provisions that would allow the dwelling to be used for bed and breakfast accommodations. The R2 -2 zoning is requested to be amended site specifically to permit a dwelling on the subject land to be used as a cottage rental dwelling. The applicant has indicated that the cottage rental dwelling has been operated for a number of years and that he has continued the use since purchasing it approximately one year ago. He is now seeking to legalize the use. The City has not received any complaints with respect to its operation. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 •2 PD- 2005 -63 There is an increasing interest in a new form of tourist accommodation termed "cottage rental dwelling These are essentially single detached dwellings which are rented on a short-term basis (a few days to less than a month) to out -of -town visitors. For example, in 2002, Council passed a zoning amendment that has allowed two dwellings owned by Mr. Craig at 4286 and 4242 Ferguson Street, adjacent to tourist commercial lands fronting onto River Road in the Whirlpool District, to be used as cottage rental dwellings. Surrounding Land Uses The property is located in the River Road Neighbourhood. To the west is the former Michigan Central railway line (now owned by the City). To the north, east and south are detached dwelling units. To the southeast, on the opposite side of the road, is a neighbourhood park. In the immediate area, predominantly along River Road, are numerous bed and breakfast facilities. Circulation Comments Parks Recreation Culture No objections. Municipal Works Fire Services Building By -law Services City Clerk Planning Review The requested use does not negatively impact on City services. A 0.9 metre (3 foot) road widening is to be dedicated along the length of the Ontario Street Frontage. No objections. All required Building Permits to be obtained prior to commencement of any construction. A cottage rental dwelling is classified and is to be licensed under motel accommodations by the City's Licensing By -Law (No. 2001 -031) as a partially furnished accommodation in which the guest(s) are permitted to use kitchen facilities. In addition, a letter of objection and several letters of support have been received from surrounding residents and from guests of the cottage. These letters are included on tonight's agenda. A cottage rental dwelling is a low intensity use similar to bed and breakfast uses contemplated for this neighbourhood, and therefore can be supported. The following is a summary of Planning staff's analysis of the application: 1. The proposal complies with the intent and the purpose of the Official Plan. The land is designated Residential in the Official Plan. Residential dwellings are intended to be the predominant use; bed and breakfast facilities are permitted within dwellings. August 29, 2005 3 PD- 2005 -63 Establishment of such tourist facilities is to be carefully regulated as to their location, size and traffic generation to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. In addition, the land falls under the River Road Satellite District under the Tourist Commercial Designation. Bed and breakfast facilities and alternative accommodations of this nature are permitted providing the residential character of this neighbourhood is maintained. The proposed cottage rental dwelling conforms to the Official Plan as follows: The owner intends to maintain the existing dwelling as a residence, the only difference being that occupancy will be of a short duration. This use will maintain the residential character of the property and keep it compatible with surrounding residences. A cottage rental dwelling is an alternative form of accommodation similar in scale to a bed and breakfast as contemplated in the Official Plan. Ontario Street is recognized as a collector road in the Official Plan and is intended to carry moderate amounts of traffic through the neighbourhood and can accommodate the traffic a cottage rental dwelling would generate. 2. The requested zoning amendment is appropriate. The existing R2 -2 zoning of the property also applies to the entire area between Palmer Avenue and River Road, from Hiram Street to Morrison Street, and would allow a bed and breakfast accommodation to be operated out of the detached dwelling Up to four bedrooms in the house could be rented on a nightly basis to guests. Similarly, the form of accommodation proposed by the owner would also rent to visitors. One difference between the typical bed and breakfast use and a cottage rental unit is that usually a bed and breakfast would have one vehicle per rented room, whereas, the cottage rental unit is used like a dwelling where normally one or two vehicles would be for the whole building. With these lower demands for parking, cottage rental dwellings may be more compatible with residential areas than bed and breakfast establishments. As the driveway appears to be wider than the zoning provisions allow, it should be reduced in width to bring it into compliance, with the gravel portion removed and returned to grass. The cottage rental unit is an appropriate new form of use because it will essentially function as an independent dwelling unit, the physical appearance of the building will be unaltered and the building could revert to a dwelling use at any time. 3. The proposed development will be compatible with adjacent development. The immediate surroundings are dominated by single detached dwellings with some multiple unit dwellings and bed and breakfasts, particularly and along River Road. The cottage rental dwelling is intended to be physically maintained as a single detached dwelling. Current August 29, 2005 -4 PD- 2005 -63 zoning provisions controlling building setbacks and the size of a driveway should ensure development is maintained in a form compatible with other nearby single detached dwellings. 4. Permitting and licensing Cottage Rental Dwellings should be further reviewed. As discussed above, cottage rental dwellings can be developed and used with little impact on the surrounding neighbourhood. However, unlike a bed and breakfast operation, the owner of the cottage rental dwelling would not reside in the same building. Some concerns have been expressed by area residents because the visitors could be noisy or disruptive to the area without a supervising property owner. In addition, the impacts of a large concentration of cottage rental dwellings in a particular neighbourhood are unknown. Cottage rental dwellings are a recent trend that should be studied further to determine appropriate regulations to ensure such uses do not adversely affect neighbourhoods in which they are located. A review of regulations to control cottage rental dwellings should be undertaken and should include a summary of controls from other municipalities. Licensing of cottage rental dwellings should be among the matters of this study which could address the following: possible controls on the number of cottage rental dwellings in a neighbourhood; possible use of separation distance between cottage rental dwellings; and establishing standards to guard against disruptive or problematic cottage rental dwellings. These measures could include subjecting licences for cottage rental dwellings to a review of police reports, noise complaints, or any by -law infractions to ensure nuisance cottages do not receive an automatic renewal of licences. Staff is prepared to review the matter and to prepare a further report with the findings and recommendations to improve the City's existing regulations. It should be noted that the applicant's other two cottages located on Ferguson Street have been operated for a number of years without generating any complaints from surrounding residences. CONCLUSION: The requested amendment to permit a cottage rental dwelling within the existing dwelling can be supported for the following reasons: 1. This use complies with the Official Plan since it is an area where small -scale accommodations may be permitted. The use is of a residential nature and it is compatible with the surrounding neighbourhood. 2. The use is similar to a bed and breakfast which is already allowed. 3. The applicant has operated other cottage rental dwellings successfully without generating complaints. August 29, 2005 Given the growing trend toward this type of use, a study should be undertaken to determine whether or not cottage rental dwellings locating in residential districts should be further regulated and to determine the need for locational criteria, controls on the number of such dwellings and any changes to the licensing by -law that may help address possible impacts of cottage rental dwellings. Andrew Bryce Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: AB:ko 3 T. Ravenda Executive Director of Corporate Services S:\PDR\200SPD2005 -63, Robert James Craig, 5225 Ontario Avenue.wpd 5 PD- 2005 -63 Respectfully submitted: -rJ: MacDonald Chief Administrative Officer Subject Land Location: 5225 Ontario Avenue Applicant: Robert James Craig K:t GIS Ayucsts\ 200%chdulaVmNngAM `AM-21'msppin&.pr SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 AM- 21/2005 Scale: I:NTS July 2005 C7° o f ro I D,= t O E 0 m 0 z co v c4-•> O a ro D pn 71 r r CANADA E SOUTHERN r b 0 Mt c r r-- OZ z 0 -4 z SCHEDULE 2 VC 3 >a ONTARIO AVENUE (N24•52EJ RAILWAY a o?/ aoos Re- Zoning Application -5225 Ontario Avenue, Niagara Falls Submission by owner 1 I would ask that the following facts be taken into consideration in councils deliberations as to whether or not to permit the re- zoning of 5225 Ontario Avenue, Niagara Falls for Cottage Rental accommodation. 1. The area is already zoned as a Bed Breakfast area and single family residential thus open to visiting tourists. 2. The property has been used as a vacation property for a number of years both by the previous owner and the current owner. The current owner is the applicant. 3. There has never been any complaint against the owner or the property. 4. The property is well maintained and supervised. It has the appearance of a well maintained family residence. 5. The owner only accepts rentals from families or responsible mature adult groups. 6. Strict `Conditions of vacation rental `form part of the rental contract which allow the owner to instantly terminate the rental and demand any inappropriate guests to leave the property inunediately. Annoyance to the neighbours will not be tolerated. See appendix A' 7. The owner knows and has frequent contact with the neighbouring property owners/ residents and encourages them to report any conduct which may upset them in any way. Contact numbers are provided, and they are aware that I or my house manager may be contacted at any time. 8. The house is frequently supervised during rentals by the owner or house manager by visits known and unknown to guests (the house itself is not entered while guests are in residence except by express permission form them). 9. A clean, comfortable, fully equipped family home is provided to tourists at reasonable prices. All health and fire regulations are fully complied with. The property is maintained to the highest standard of cleanliness. 10.To the best of my knowledge families visiting Niagara Falls cannot obtain a similar legal vacation house rental anywhere within the city limits of Niagara Falls. A number of illegal operators exist resulting in the uncontrolled rental of properties which are not inspected or properly presented to the travelling public. They are not regulated by the proper authorities. I welcome the controls and standards demanded to obtain my licence to operate. Some illegal operators have brought disrepute to the cottage/ vacation house rental industry and thus the good name of Niagara Falls. I can only assure council that I am not one of such operators. My goals are to facilitate the travelling public whilst having the highest respect for the neighbourhood in which I am allowed to operate. 11. By making this application, I open myself to (and welcome) the inspection of the appropriate authorities and the scrutiny that brings with it. My only desire is to operate within the law of the Country for which I have the highest respect. 12. I genuinely care for the neighbourhood and the need s of visiting tourists. 13. As a member of Niagara Falls Tourism and Ontario Travel, I play an active part encouraging tourists to visit Niagara Falls and stay longer. My business is properly licensed and registered for the collection of GST. 14. I have been conducting vacation house rental since 2000 without any form of complaint. There are a number of return guests having found suitable accommodation to suit their needs as a family unit. 15. I welcome random visits or inspections of my properties by the authorities. At my request an inspection has been carried out by Mrs. D'Amico from Niagara Falls Tourism. I refer to that report in the form of a letter sent to Planning Dept. 16. I welcome random discussion with any of the neighbouring property residents adjoining any of my three properties (Two of which are currently licensed and the third being the subject of this application) none of the neighbours have ever voiced any concerns or mentioned any annoyance to them. To the contrary many have said they have met some very nice people at the properties. 17. Guests staying in rental properties fend to stay longer in Niagara Falls. On some occasions up to three weeks. It is unlikely visitors would spend three weeks in a hotel or motel. Guests frequently return during the winter season in particular Christmas and New Year. Some have enjoyed a family Christmas in Ontario Avenue. One such family Mr.and Mrs. Markwell visiting in September 2004. (Page 5 of appendix B) enjoyed the property and location so much they purchased a guest visitors book leaving it in the house for others to write in. When reading through the comments written in the book, it can readily be seen that a high demand exists for such a facility properly managed organised and regulated. Please see `Appendix B' 18. I have made every effort to ascertain which would be appropriate areas to house such vacation rental properties. Until recently I had not been able to do so. It would now appear that only tourist commercial areas are acceptable. This area is very restrictive and perhaps not an area in which I would feel happy to place a young family. The areas I have attempted to select are those that are already open to visiting tourists namely areas in which Bed and Breakfast accommodation is allowed. Many visiting tourists do not feel competent to drive in Canada and thus rely in finding suitable accommodation within walking distance of the main attractions. I would suggest Ontario Avenue is such an area. 19. I can fully understand the concerns of having vacation rental properties uncontrolled. In this particular case, it has the support of the neighbouring property residents which must demonstrate the way in which it is managed. In the unlikely event of any change the City retains the authority to remove or refuse the licence renewal. My policy is full co- operation and disclosure to all legal authorities inclusive of reporting any suspicious activity to the police if deemed necessary. Proper records are maintained if required. 20. The travelling public have demonstrated their desire to have such properties for vacation. They can obtain them all over the world generally without restriction, why not Niagara Falls legally? Personally, I have refused a number (In the 100's) of potential bookings due to the lack of properties or the uncertainty of Ontario Avenue being available. Did these people go elsewhere and not bother coming to Niagara Falls or did they come and use one of the many illegal establishments available? I would suggest that even if my application is rejected some serious discussion and consideration should be given to the vacation house rental situation within Niagara Falls for the greater good of the tourism industry. The few emails sent to planning also demonstrates the desire by tourists to have such facilities. 21. I have personally invested everything I have at my disposal in my business in the belief that it will be allowed to grow I am honoured, considering my current status within Canada that Tourism and financial institutions have given me the trust they have over the last few years. 22. I ask that your worship the mayor and members of Council to give this application favourable consideration and to give many more law abiding tourist families the opportunity to visit Niagara Falls, Canada and stay in a safe homely environment offered by such rental properties. Si Appendix A) Conditions of vacation rental. B) Copy extracts from Guest Comment Book taken from 5225 Ontario Avenue (Original available for production, if required. These are the few rules of the house but for legal reasons the Conditions of Vacation Rental must be clearly set out to avoid any misunderstandings. 1. Vacation Rental Fee's must be paid in advance. 2. Deposit of $100.00 (Canadian) must be paid upon acceptance of booking. Balance to be paid 8 weeks prior to arrival date or at time of booking if less than 8 weeks before arrival. 3. The deposit is not refundable. For bookings made for July, August, USA and Canadian Holidays a refund will not be given unless another booking for the same dates and price can be found. In the event of the booking being replaced or a portion thereof, a refund will be given to that amount (Less the $100 deposit to cover bank and administration charges.) It is strongly advised not to book unless you intend to proceed. It is also advised that you seek vacation insurance to cover such event. 4. The owner or his agent has the right to terminate the rental at anytime throughout the rental period if a guest,guests or any visitors to the property invited by them are in breach of the conditions of vacation rental agreement. 5. All guests must behave in a responsible and orderly manner to avoid any nuisance or distress to the neighboring properties. 6 Care must be taken by the guests to avoid any damage to the property, its fixtures, fittings and/or appliances 7. Any willful, deliberate or careless damage or removal of any of the owners property will be charged to the Booking Guest whose responsibility it will be to also ensure the safety and well -being of his/her guests. 8. The owner or his agent may require a security deposit upon arrival if considered necessary. 9. Safety equipment/Waming signs should not be interfered with in any way. These signs should be heeded. 10. Normal precautions should be taken by all guests (as you would in your own home) to avoid injury by buming or scalding when using cooking appliances or ironing. 11. A propane gas Barbeque is supplied. If you have never used this type of Barbeque before, follow the manufacturers instructions carefully or do not use. In particular ensure the lid is open when lighting and your head is not over the top during ignition. Stand well back when lighting. Take extra care when children are in this area. 12. Certain risks exist when using the Hot Tub, posing a danger if not properly used. The waming signs conceming health condition, electric appliances, alcohol and drug medication are clearly displayed. The Tub should be covered and locked when not in use. It contains deep water and should not be accessible to children without strict parental supervision. 13. Whilst every effort is made by the owner to ensure you have a safe and comfortable stay with everything possible supplied to facilitate this. Any matter affecting the safety of you or your guests should be brought to the immediate attention of the owner or his agent 14. Arrival times after 2pm. Departure time 1 lam unless otherwise agreed. 15. Cleaning of the property will not be carried out during your stay (other than arrangement at an additional cost) 16. Toiletries are not supplied. The Kitchen is fully equipped for six people. Food and /or beverages are not supplied. 17. The owner or his agent are not responsible for any injury, loss or damage to guests property, belongings or vehicles during the rental period. 18. Pets are not allowed. 19. Smoking Policy: We ask that you do not smoke inside the house(s). If smoking, care should be taken to avoid any risk of fire or damage to the property. All Fire and Warning advice shown on the waming signs should be heeded and complied with. The Owner and /or his Agent are not responsible for any damage to the health of any Guest/ Visitor to the property as a result of smoking. 20. Any complaint should be brought to the immediate attention of the owner or his agent. Contact details are displayed on the signs on the kitchen walls area of each of the houses. 21. Only the number of guests specified at the time of booking are entitled to stay at the property. If during the course of the agreed rental period it comes to the attention of the owner or his agent, that a greater number of guests are staying than booked, the owner or his agent has the right to terminate the rental immediately without refund of rental monies paid The owners decision is final in respect of this rule. 22. During Fall Winter rentals you are responsible for snow ice clearance, for your own protection and that of your guests/visitors to the property against slipping or falling on the ice or snow. 23. By making the booking with Niagara Falls Cottage Rentals and Cottage Rentals Niagara Falls properties for vacation rental you are agreeing to all the Terms and Conditions as set out in 1 to 22 above. Copies of all communications are retained by Niagara Falls Cottage Rentals and may be produced in the unlikely event of any dispute. Amended January 5th, 2005. A Page 1 of 1 a we U reov iQ ke cl eA C ,stMaS I. I. 14 ALL c ,dam Vend it_ 11- U L...A 1 J x e cai �u 3 n5 UJ e_ Dun& cees A°, ors c■os ou. Ona. t1 r∎C\e i o,SS ce nCQ has \lo hori\C. C— _}\-e-- d, o \e- T\- \mo s 1pe Q2n 2o- S V,re `me e vrg A a\e S osc&e—.\. rl `Y \es t,:ca.S r w T C 0 ems 6,220 CQ 0c \o _.I tea: i Ad a rat 1 PlanningDevelopment Regarding re- zoning application AM- 21/2005 Page 11 From: "Margi Ehresman" <margi @spectrumware.net> To: planning @city.niagarafalls.on.ca> Date: Tue, Aug 16, 2005 1:11 PM Subject: Regarding re- zoning application AM- 21/2005 We have just completed our week -long stay at the "Honeymoon House" that we rented from Niagara Falls Cottage Rentals. As we began planning our vacation, we specifically searched for a rental home for our stay in Niagara Falls. We wanted the ability to prepare some of our own meals, have some additional living space more than a standard hotel room provides, and have a safe outdoor place for our two boys to play. As we searched, we were very pleased to find a rental house in partnership with Niagara Falls tourism. This gave us comfort that we were dealing with a reputable organization. After much research, we decided on Niagara Falls Cottage Rentals. Upon our arrival, we found the "Honeymoon House" to be ideally suited for our needs. We were greeted by a fully equipped, clean house with all the comforts of home. Now, at the end of our week in the house, we are convinced that this is the only way to vacation. We took advantage of all that the house had to offer the comfortable living room and bed rooms, the well equipped kitchen and laundry, and the roomy back yard. We also found the management style quite appealing. We were made to feel that this was our home for the week, but were assured that any assistance we needed, or questions we had, would be quickly addressed with a phone call. We found this to be true as we communicated several times with Robert and always found him available and eager to help. Thank you for allowing us to express our sincere satisfaction with our stay at the "Honeymoon House and we respectfully request that you support this endeavor. This was the ideal place for us this week, and will be our first choice if we are lucky enough to visit Niagara Falls again in the future. Sincerely, Rick and Margi Ehresman Wichita, Kansas P.S. I apologize for the delay in submitting this email. We didn't have the correct email address until this morning. We first tried to send the message on Friday August 12th the day we checked out of the Honeymoon House. RECEIVED AUG 16 2005 PLANNING &DEVELOPMENT FAO Mr. K. Mech Mr. A. Bryce Planning Dept. Niagara Falls City Re. AM-21/2005 Re- zoning application 5225 Ontario Ave. Niagara Falls. 12"' A List, 2005. Dear Sirs Please find attached letters handed to me by neighbours from the neighbouring properties of 5225 Ontario Avenue, Niagara Falls. (5) I would ask that these letters be submitted with my file.. I understand you are in receipt of e-mails from Mr. Scott Elliott and Mrs. Rose Kukula. Also a letter from Mrs. A. D'Amico (Niagara Falls Tourism) Yours faithfully ictita-> €1: REOEIVED AUG 1 12005 PLANNING DEVELOPMENT -62_ t2_ y l ./C z-nz -c i.,n, CYAN t c� �l ✓e'tu.� �L e— b�zeti ,.mod/ J i� L,04-rLex _it. 0 ,/,,eaer a, „an, aSte veng- ‘<k•z-a. off ate% t tct a ic e V ijee J-44-0m1 ,°22.4r p V/ Submission letter to the Public Meeting on 29 August, 2005 concerning the re- zoning application of 5225 Ontario Avenue, Niagara Falls as a cttage rental property. Name.. /RLEY Pea- E/c Address..3 2 /7 4NT /Wt 1-2E JR 7 Telephone number fO5 3 7/0774- Length of time resident at the above address.. 1.1. M..4N. t< We have been asked by the owner of 5225 Ontario Avenue, Niagara Falls to provide this letter to Planning department, Niagara Falls City. We wish to state that we have resided next door to this property since coming to live here around 11 months ago in September 2004. We rent the property in which we live full time. Wei have been aware that 5225 Ontario Avenue is frequently rented to tourists for vacation rental and has been throughout our time living here. We have no objection whatsoever to the granting of a licence for such rentals. We have not been disturbed or annoyed by the tourists using this property. People come and go, generally keeping to themselves, occasionally saying `hello' and being friendly. We know Jim and Norm and we know that if we ever have any problems that they would be quickly resolved. We do not know of any disturbance at the property and feel the licence should be granted. Yours faithfully Submission letter to the Public Meeting on 29 August, 2005 conceming the re- zoning application of 5225 Ontario Avenue, Niagara Falls as a cttage rental property. Name fETek OZ/AltV Address.:/ 7 give, Za OR7 Telephone number j 37/077C Length of time resident at the above address f2Gry 7X We have been asked by the owner of' 5225 Ontario Avenue, Niagara Falls to provide this letter to Planning department, Niagara Falls City. We wish to state that we have resided next door to this property since coming to live here around 11 months ago in September 2004. We rent the property in which we live full time. WeI have been aware that 5225 Ontario Avenue is frequently rented to tourists for vacation rental and has been throughout our time living here. We have no objection whatsoever to the granting of a licence for such rentals. We have not been disturbed or annoyed by the tourists using this property. People come and go, generally keeping to themselves, occasionally saying `hello' and being friendly. We know Jim and Norm and we know that if we ever have any problems that they would be quickly resolved. We do not know of any disturbance at the property and feel the licence should be granted. Yours faithfully p.eaft, Letter of submission to the Public Meeting being held at Niagara Falls City Hall on 29 August, 2005. Re- zoning application for 5225 Ontario Avenue, Niagara Falls. Name...& a t' `a cu. Address. 4f2 0 7 e A/ in R O 4'4 FI LG.. o,v i Telephone number r Length of time living at above address I have been asked by the owner of 5225 Ontario Avenue, Niagara Falls to provide this letter in support of his application to have the property re-zoned as a cottage rental property. I have no objection to the granting of the application. I live two doors up from the property and have known Jim and his house manager Norm since his purchase of the property in 2004. I have also known since then that the property has been used as a cottage rental by tourists visiting Niagara Falls. I have never had any problems from the visitors during that time and have never had cause for complaint regarding any of the visitors. The property is kept and maintained in good order. I am in contact with Jim frequently and know that he will not tolerate any annoyance to me or any of the other neighbours. Yours faithfully Signed ...l.t�. 443. Dated I d 7 l 10-c9 p v Letter of submission to the Public Meeting being held at Niagara Falls City Hall on 29 August, 2005. Re- zoning application for 5225 Ontario Avenue, Niagara Falls. Signed.. Dated. Yours faithfully Name /Santa- Oy Addressed/ c ✓o pa 3 Telephone number/kr. Length of time living at above address. c 7 gisko I have been asked by the owner of 5225 Ontario Avenue, Niagara Falls to provide this letter in support of his application to have the property re-zoned as a cottage rental property. I have no objection to the granting of the application. I live across the street from the property and have known Jim since his purchase of the property in 2004. I have known since then that the property has been used as a cottage rental by tourists visiting Niagara Falls. I have never had any problems from the visitors during that time and have never had cause for complaint regarding any of the visitors; in fact I have met and spoken to a number of nice people whilst sitting on the front porch with my friend Gladys at her home next door to 5225. The property is kept and maintained in good order. I am in contact with Jim frequently and know that he will not tolerate any annoyance to me or any of the other neighbours; I have contact telephone numbers for him and know that I may contact him at anytime if any situation were to arise. The previous owner of the property also used it as a vacation home during his time of ownership. August 15, 2005 City of Niagara Falls Planning Departmen4310 Queen St. Niagara Falls, Ont. L2E 6X5 ATT: Mr. Ken Mech RE: 5225 Ontario Ave. Re- Zoning Application File No. AM- 21/2005 Dear Ken, I am writing in support of the above application. As a Bed and Breakfast owner I can attest to the fact that there is an enormous need for these types of accommodations. We receive on average at least 5 -10 calls per week, during the summer months, from guests looking for a long term lodging facility (7 -10 days) with their own kitchen, living and dining room. Unfortunately there are only a few licensed properties in Niagara Falls who can accommodate these guests. The majority of the these visitors end up staying in Niagara- on- the-Lake where there are at least a hundred of these cottage type properties. We have sent several clients to Mr. Craig's properties and have received nothing but compliments from these guests with respect to the cleanliness of the homes. Mr. Craig's existing Cottage Rentals are very well kept and very clean. In closing I would hope that council looks favorably on this application as there is a real need for Cottage Rentals in Niagara Falls and as a business owner I want to keep make sure that tourism dollars are spent here and not in other surrounding areas. Tony D'Amico Villa Gardenia Bed and Breakfast 4741 Zimmerman Ave. Niagara Falls, Ontario L2E 3M8 (905)358 -1723 info(a;vill agardeniabb.com www.villagardeniabb.com .-4_._.. +9 e9.. RECEIVED AUG 16 2005 PLANNING DEVELOPMENT L..' 4 Planning Scanned Ken Mech Sunshine House Nia. ara Falls Pa.e 1 From: <rkukula @parker.com> To: planning @city.niagarafalls.on.ca> Date: 8/11/2005 12:57:12 PM Subject: Sunshine House Niagara Falls Dear Mr. K. Mech: Ref: AM /2005 Re- zoning application 5225 Ontario Avenue Niagara Falls For submission to the Public Meeting on August 29, 2005 This past June my three sons, my boyfriend and his daughter planned a trip to Niagara Falls. Due to the fact there are six of us, and the ages of my boys (16, 13, 11) and the age of my boyfriend's daughter (10), we thought it would be better to look for a house rental rather than getting two hotel rooms. I searched the Internet and came across the Sunshine Rentals. I wrote to Mr. Craig and everything was taken care of via the internet and e -mail. On our arrival to the Sunshine House, Mr. Craig met us there and went over the "house rules" with my family. We were very impressed with these accommodations. The boys had their own room, my boyfriend's daughter had her own room and we had a room. My oldest slept in the living room on the pull out couch. Imagine everyone had their own space and no fighting! Mr. Craig even had some juice boxes and some fruit for us. This was exactly what we were looking for. It was close to the Falls and even walking distance to the Spanish Aero Car. We felt right at home, everything was clean, the hot tub was wonderful, we sat out on the deck in the morning and enjoyed our coffee and in the evening sat and talked. Not only have I told friends /co- workers about this rental, I am hoping to return very soon. Thank you. Rose Kukula 30112 Phillips Avenue Wickliffe, OH 44092 "PLEASE NOTE: The preceding information may be confidential or privileged. It only should be used or disseminated for the purpose of conducting business with Parker. If you are not an intended recipient, please notify the sender by replying to this message and then delete the information from your system. Thank you for your cooperation." RECEIVED- AUG 15 2005 PLANNING DEVELOPMENT Dave Sue Wheeler 5234 Ontario Avenue Niagara Falls, Ontario, L2E 3S3 Mr. Doug Darbyson Director of Planning and Development 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 RE: City File: Dear Mr. Darbyson: AM- 21/2005 5225 Ontario Avenue Proposed use Cottage Rental August 3, 2005 Both my husband and myself strongly object to the above mentioned change in zoning. The reason for the objection is due to the transient nature of various renters on a regular basis. We feel that the integrity of the neighbourhood will be diminished. As the renters are not established on a permanent basis, they will have no concern for the neighbourhood in general as a long time resident would. Renters will be vacationing in a residential area and we feel that there is a strong likelihood for parties, excess noise and too many people in the single residence. With no permanent resident on site to be concerned about the neighbourhood, there will be no controls on the renters. We have observed over the Last few years the numerous renters arriving for a week or weekend at the above noted address. On one occasion, there was a school bus who brought approximately 25 -30 people down for the one weekend. Whether this was done by the current or previous owners, is unclear. We feel that with no permanent resident living in the home, this property should no longer be considered "residential This would become a commercial type, or hotel type of establishment. This is completely at odds with the current use of Residential Single and Two Family area. This area is a pleasant residential neighbourhood. We have numerous bed and breakfast establishments in the area, however, as the owners of the establishments live in the bed and breakfast properties year round, they show a genuine concern for the residential area. If they have unruly or troublesome guests, as residents they will be quick to ensure that any problems are quickly rectified. There is a large park, much used by the local children and other families in the area. As Ontario Avenue was closed off at Hiram when the first Casino was built, the tourist traffic has almost -2- completely diminished in this area. Speed limits are being observed and it appears that the majority of the traffic is local. A recent renter in the above noted property (August long weekend 2005) had a small sports type of car, that was frequently being tested and driven quite fast up and down the street. Transient renters may not feel as strongly about safety in a neighbourhood park area, as they are not residents to the area. Our family is concerned that if this zoning amendment is permitted, it will establish a precedent that will invite future such uses. This would have a dramatic impact on this residential area. Sinc- ely Dave Sue Wheeler 14-1-f: D t arb yson tOC, arc ccJ1:"1; ±A 5 leffe( fo oppose the_ eon i c�ane Q sacs On l Or; a t Arn a/ boos Oct' ,4�e• f'� e re 30n are. Qs -r (lo w �he<E ate Seue r f proper e 5 gyp/ Sale Cue. and 'rf s aa.5 S Onfar; o Aue.. 20n n 5 e hcietle d o-the w_. fo(1ow finks G�an o w rei;den+ are ;1,-1 c t4ev al b da of wecehi 5�5, W I1 Qan `1 d 4 do 5 co Fee- I Q 5 n hoc vQ(kc_ decree es +an.; e3 do nc4 went 1; oc- ct 5 con 5'. den? C'on„me(ccq( p;( ocrf s �G uS``�cSS h�v� CS +0 Qi1 C d �G i �Qi the bi taw GO■L( In crecsc, J Svc fl 51c O+ et; me_ and M p le merit o(a; e.kq n ce s t o f r es ;d e irS tot rnoueel here._ 17 cac x ct1.9 40 be �ctn1 res;c4t i QI a re (511 t (0 0vitae: y 7ci,s4 7810_5 ;,,cPr LjeuNcttel i?cuf), Xecz: r RECEIV AUG 18 2095 PLANNING DEVELOPMENT Feuillets de transmission par WI/ copleur Post-Ir. Fax Note mile Dale a pages °°d `wc m;• M ..,pept/aaea ig Go./ Ole I WMPIK PMfk /APSON. Fax /MCIeMMp*4W, Fax /N°de MMppgaul Aug. 23. 2005 4:04PM REGIONAL PLANNING No. 2285 P. 1/1 DATE: August 11, 2005 TO: Tom Whitelaw Niagara Region MEMO Planner Planning and Development Department SUBJECT: Zoning By -law Amendment Application Applicant: Robert James Craig Proposal: To Use the Existing Dwelling as a Cottage Rental Dwelling (Rented to Tourists for Accommodation on a Daily or Weekly Basis) Location: 5225 Ontario Avenue In the City of Niagara Falls City File: AM- 21/2005 Our File: D.18.04.66.643420173 (ID #4320) Regional Niagara Public Works Department has reviewed the above referenced Zoning By -law Amendment Application and advise that we have no objection to this proposal. 4, William J. Stevens, C.E.T. Development Approvals Manager Public Works Department Operational Support Services Division WJS /cm L: \Engineering- Planning and- DevelopmentWetrone- Carmen \Niagara Falls \CORRESPONDENCE 2005\10410.T.Whitelaw.doc Regional lV.:nlcIpallt y of Niagara PLANNING RECEIVED AUG 2 3 2005 PLANNING QEVELOPMENT Niagara ,f Region PLANNING AND DEVELOPMENT August 18, 2005 File: D.10.M.11.23 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application Rental Cottage Ontario Avenue, south of Otter Street City of Niagara Falls Your File No: AM- 21/2005 Planning I The Regional Municipality of Ni Ara ii 3550 Schmon Parkway, P.O. B x 1044 Thorold, Ontario L2V 4T7 CAA-4 Telephone: 905-984-3630 /4-C) J Fax: 905-641-5208 E -mail: plan @regional.niagara.on.ca This application proposes a zoning amendment to permit an existing dwelling to be used as a cottage rental dwelling (to be rented to tourists for accommodation on a daily or weekly basis). These lands are located within the Regional Urban Areas Boundaries and are designated "Residential" by the Niagara Falls Official Plan. The Official Plan policies and the current residential zoning would permit bed and breakfast accommodation where the operator resides in the dwelling. However, a zoning amendment is required for a rental cottage where the owner /operator does not live on site. The proposed change in use should not affect any Regional or Provincial planning interests although there may be some local issues. On this basis, Regional Planning staff are not opposed to the proposed rezoning. Yours truly, David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. W. Stevens, Regional Public Works tw26LAdtental Cottage NF Building Community. Building lives. RECEIVED AUG 2 2 2005 PLANNING DEVELOPMENT The City of I Niagara Falls Canada Members: Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca RECOMMENDATION: Corporate Services Department PD- 2005 -68 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 Re: PD- 2005 -68, Zoning By -law Amendment Application AM- 20/2005, Dorchester Road (East Side) /6846 Frederica Street Applicant: Peter J. Lesdow Proposed Townhouse Development Existing Church It is recommended that: 1) Council apprin've the Zoning By -law amendment application as detailed in this report to permit a 25 -unit townhouse development on the south portion of the property and to recognize the existing church facility on the remaining land; and 2) the amending by -law either not be passed until storm sewer servicing is available or a "Holding" provision be included for the townhouse site which is to be removed when approvals are received for stormwater servicing. 3) That the existing site plan be enforced. BACKGROUND: Proposal August 29, 2005 The amendment is requested for two proposed parcels of land with areas of 2.77 acres (1.12 hectares) and 2.1 acres (0.85 hectares). The subject land is located at the southeast corner of Dorchester Road and Frederica Street, south of Highway 420 (see Schedule 1). The property contains the Niagara Worship Centre and is known municipally as 6846 Frederica Street. The applicant proposes the severance of the land (File B20 /2005/NF) to create a separate property south of the church with access to Dorchester Road for the construction of a 25 -unit townhouse development. Schedule 2 indicates the proposed configuration of the property (Part 1 and Part 2). The details of the proposal are shown on Schedule 3. The north section of the property is currently zoned Institutional (I) while the south portion of the land is zoned Institutional with site specific provisions (1 -532). The applicant has requested a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the proposed townhouses on Part 1 and a site specific Institutional (I) zone for the existing church on Part 2. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 2 PD- 2005 -68 Existing Church Development The original church was constructed many years ago. In 2001, Council passed an amending zoning by -law for the south portion of the overall property to allow an addition to the church. The site specific zoning requires a 6 metre (19.7 foot) landscaped buffer strip between the expanded south portion of the parking area and any lot line to improve compatibility with abutting residential properties. A site plan was approved and the addition was constructed. Securities are held by the City to ensure the project is developed in accordance with the approved site plan (the gravel parking area is to be paved and the outside garbage /recycling containers removed). The church is required to undertake this work to comply with the terms of the site plan agreement. The church is maintaining grassed areas for outdoor activities but the balance of the land (Part 1 on Schedule 2) is surplus to their needs. Neighbourhood Involvement The related severance application was deferred at the July 19, 2005 Committee of Adjustment meeting until after the consideration of this zoning amendment application. Staff recommended approval of the application conditional on the necessary zoning amendments. Several area residents attended the Committee meeting and letters of objection were submitted. It was suggested at this meeting that a private covenant on the site restricts the use of the land to church/religious purposes. However, there is no record of any private restrictive covenant registered on title. The applicant held a neighbourhood information meeting at the church on August 2, 2005 that was attended by approximately 30 residents, the church pastor and City Planning staff. The proposal was described by the applicant to contain 1 1/2 storey units (some lofts) with garages that would sell in the $250,000.00 range The end units at Dorchester Road are intended to be designed with side windows to give the appearance of facing the street and decorative metal fencing is to be provided. Issues raised by residents during the meeting included: tree protection; building setbacks; Dorchester Road traffic and widenings; impact on the neighbourhood; why not single detached dwellings on the site; and no changes have been made to plans shown to residents. Staff listed the uses currently permitted on the property by the Institutional (I) zone. These issues are addressed in this report. Circulation Comments Information on the requested zoning amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: Building By -law Services No objection. Fire Services No objection. The site layout appears satisfactory. Designation ofa fire access route is necessary and would prohibit internal roadway parking. Municipal Works Dorchester Road has adequate width and no improvements are planned in this area. Anticipated traffic volumes from the townhouse proposal are relatively minor. There are no storm sewers available adjacent to the site. The applicant needs to investigate design options for a stormwater system in consultation with staff. August 29, 2005 3 PD- 2005 -68 Parks, Recreation Culture No objection. Regional Planning The proposal complies with Regional planning policies. Noise attenuation including a 1.8 metre (6 foot) high solid fence along the north property line is recommended due to Highway 420. Regional Public Works The townhouse site design does not comply with the Regional policy for waste collection and private service collection is required. Ministry of Transportation Dorchester Road Residents High Street Resident Planning Review Standard approval requirements for development. Concerns regarding the impact of the proposal on potential future development of land to the south. Deferral of the application is requested. Objection to the proposal The development is not in keeping with the area. Notes comments expressed at the neighbourhood meeting. Various matters were considered in assessing the application. Based on this analysis, approval is recommended with minor modifications. The review of the amendment is summarized as follows: 1. The proposal complies with the policies of the Official Plan. The City's Official Plan designates the property Residential which permits a variety of housing types and ancillary uses such as the existing church. A compatible mix of dwelling types is promoted by the Plan to provide a full range of housing opportunities throughout the municipality. These principles are consistent with the Provincial Policy Statement. The subject land is located at the periphery of the neighbourhood near Highway 420. Single detached dwellings on large lots abut the site to the east and south. There are single detached houses as well as an apartment development on the west side of Dorchester Road in the area. This site is a large underutilized property that has direct access to an arterial roadway. This location meets the general criteria of the Official Plan for multiple residential housing. The large properties on Woodland Boulevard and very deep lots to the south are developed at an extremely low residential density of approximately 2.3 units /acre (5.7 units/hectare). The Official Plan permits a maximum density of 10 units /acre (25 units/hectare) for singles and semi detached development. The density of the townhouse proposal is approximately 9 units /acre (22 units/hectare) which is low for multiple unit housing the Plan allows densities for townhouses up to 20 units/acre (50 units/hectare). However, this proposed density is similar to other townhouses approved and constructed in recent years in the City. The gradation of development densitybetween the singles and townhouse site is appropriate. Subject to suitable building setbacks and design details, the townhouse development will be compatible with the surrounding area. Recommended Site Specific R4 Zone Provision Requirement Minimum front yard depth (west) 7.3 metres (24.0 feet) Minimum setback at rear of units 8.5 metres (27.9 feet) east lot line 7.5 metres (24.6 feet) north and south lot lines Minimum setback for end walls of units 3 metres (9.8 feet) north and south lot lines Maximum lot coverage 39% excluding raised decks Maximum building height 12.5 metres (41.0 feet) Minimum distance between townhouse dwellings with windows to habitable rooms 3 metres (9.8 feet) subject to Building Code requirements Projections into north and south yards 2.5 metres (8.2 feet) raised decks Adequacy of setback to be confirmed by a tree expert prior to by -law passage August 29, 2005 4 PD 2005 An efficient use of urban residential land is encouraged by the Official Plan. The rear portions of Dorchester Road properties to the south have future development potential. Some of these property owners have expressed interest in developing their land as a result of the circulation of this application. Any development proposal would require the coordination of the property owners or a land assembly. The current application does not preclude development options on this land to the south. The intemal driveway of the townhouse site could possibly continue to the south or an independent development with access to Dorchester Road (between existing houses) may be feasible. Interested property owners should consult with development professionals and City staff. 2. The Zoning By -law amendment, with minor changes and a "Holding" provision for the townhouse site, is appropriate. Townhouse Rezoning The applicant and church have indicated that several development design options have been considered for the surplus land. Based on land and servicing costs, the applicant has proposed townhouses as a viable development from their perspective. Given the location of the existing church and the dimensions of the land, the provision of the standard public road right -of -way width required for single or semi detached lotting is not possible. The existing site specific Institutional zoning (I -532) on the south portion of the site would permit uses such as a community building, nursing home, church or senior citizen home. These uses could be developed up to 3 storeys in height, side yards (north and south) of 5 metres (16.4 feet), minimal landscaping (5% of lot area) and sizable parking areas located 6 metres (19.7 feet) from the property lines. Generally, these uses would be more intensive and less compatible with the surroundings than the proposed townhouse concept. Site specific zoning provisions are requested to allow the townhouse development. The following chart indicates the recommended amendments to the R4 zone requirements. August 29, 2005 The front yard depth exceeds the typical zoning requirement and reflects the submitted design. The setback of the end unit walls (applicable to the east townhouse block) is acceptable and a greater minimum side yard than required for single detached homes. The proposed lot coverage is slightly more than the 35% by -law standard. The minor increase in building coverage is offset by substantial landscaped open space (40 compared to approximately 10% of the lot area that would be required in the basic R4 zone. The architectural design of the roof pitch at the central portion of each townhouse grouping necessitates the request for increased building height The intent of the separation distance between adjoining townhouse walls with windows is for privacy. The recommended separation exceeds the minimum for single- detached houses and the applicant may use privacy glass (Building Code requirements apply). The request for deck projections at the rear of the units in the north and south yards is appropriate and decks would be permitted in the east yard (defined as the "rear" yard of the property in the by -law). The minimum residential standard of a 7.5 metre (24.6 foot) amenity area is provided at the rear of each unit. However, tree protection along the east property line is one of the key issues with this proposal. The applicant prepared a location sketch of the trees along the boundary line and consulted a landscape architect. The large oak trees are in excellent condition and have high aesthetic and environmental value. The focus of the consultant's review was on screening options. A special fence design along the lot line area is recommended rather than an earlier contemplated berm that would impact the trees. The landscape architect indicates that the area within a radius of approximately 9.1 metres (30 feet) from the trees is very sensitive and that construction, grading or excavation is not recommended in this area. An increase to the minimum building setback is therefore warranted at the east boundary. The applicant has agreed to provide a minimum 8.5 metre (27.9 foot) setback and the majority of the foundation is proposed with setbacks over 30 feet based on the current stepped -back architectural design. The landscape architect or an arborist needs to verify that this setback and associated tree saving plan measures will safeguard the trees. Otherwise, a redesign of some units (specifically the wide units #10 and #16) would be necessary to provide a further separation from the east boundary trees. There are currently no storm sewers adjacent to the proposed site. The applicant is responsible for examining stormwater servicing options. The inclusion of a "Holding" (H) provision for the R4 townhouse zone is recommended as permitted under the Planning Act. This "H" designation will be removed when a stormwater system is approved. Church Rezoning 5 PD- 2005 -68 With respect to the existing church building and proposed lot configuration (Part 2), the following site specific Institutional (I) zoning standards are recommended: recognize the proposed minimum lot frontage (defined as Dorchester Road) of 24.4 metres (80 feet); recognize the existing legal non conforming exterior side yard width of 6.4 metres (21 feet) to Frederica Street; and extend the requirement for a 6 metre (19.7 foot) landscaped buffer strip between any parking area and the property lines to the east and south abutting residential uses (as specified for the south portion of the site in the 2001 zoning by -law). August 29, 2005 3. Additional Planning Act approvals are necessary. The deferred severance application is scheduled to be considered by the Committee of Adjustment on August 30, 2005. Approval and satisfaction of any conditions (such as a zoning change) is required to create the separate property for the proposed townhouse project. The detailed design issues such as tree preservation, landscaping, fencing, lighting and servicing need to be addressed at a future application stage. These measures will ensure compatibility with the surrounding properties. If the proposal is developed as a "standard" condominium, site plan approval is required prior to the issuance of building permits. Alternatively, a "vacant land" condominium application could be submitted to create individual parcels of land upon which to construct the units in the future. In this case, the design matters would be addressed through conditions of draft plan approval for the condominium. Any interested residents may be involved in these processes. CONCLUSION: The requested site specific amendments comply with the policies of the Official Plan and are consistent with the Provincial Policy Statement. The townhouse development will add to the range of housing types available in the area and will be designed for compatibility with surrounding uses. A "Holding" provision is required for the townhouses until stormwater servicing is approved. The suitability of the east boundary setback needs to be confirmed by a tree expert. The amendment will recognize the existing church and proposed lot configuration and apply buffer landscaping abutting residential uses. Approval of the application is recommended. Property owners to the south on Dorchester Road have requested a deferral to explore possible impacts of this proposal on development opportunities for their land. The applicant wishes the zoning amendment to proceed. Staff is satisfied that the application does not preclude future development to the south. The deferral request is for Council's consideration. Prepared by: Richard Wilson Planner 2 The overall church development must comply with all other standard I zone requirements and implement the approved site plan from 2001. The number of parking spaces provided satisfies zoning regulations based on the submitted information. Recommended by: A tok 6 t1 tU Drug Darbyson rrector of Planning Development RW:gd Attach. S:\PDR\2005\PD2005 -68, AM -20 -05, Lesdow, ES Dorchester -6846 Frederica.wpd 6 PD- 2005 -68 Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald 0 Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP Existing Church I Zone Proposed Townhouse Development R4 Zone eYsl:7.1�.Ia C _AM 1_4,1 t -1 111! MI Ss 11.11..W Minn 1111�111111111111 n m a Amending Zoning By -law No. 79 -200 Location: 6846 Frederica Street/Dorchester Road Applicant: Peter J. Lesdow K` GIS_ RWuesb \2005Shedulee\zooMgAMM42Pmppmg sir AM- 20/2005 s 1:NTS July 2005 SCHEDULE 2 a a F- 2 O W W a 0 z 0 0 1 0 0 o 0 E 0 N O 0 0 0 J 0 .L (0 C 0 J a z o g b W ce a 8 0 1 e NV7d co F F 1 E--.. O O N r r O y 626OC ,Sl'6a 1 1 3 I b E V'� -iPi ro 2 X o 0 n Q 0 tat Q327a�LSIDRT F F F s o I} u 0 P I s 0 1 w n 4.11 z a 3 as n 0 0 0 m IX w r N oi. w ,0' St i i -av t £W4 .6Z'LSZ (SI{ i RI LOl ITMQI 1030310 3:41170.0TH Mow) PDON JaisayOioa (iI 0.007) (Mow WJNYY6 d- u) t o� F 2 O w 0 CV 2-I J1 6. 0 r6 4 6 F r 0 I O Y 1 g O J S swipes-1 r Jews WU LIO B131110tl1 SCHEDULE 3 August 17. 2005, Director of Planning and Development, Mr. Doug Darbyson, P.O. Box 1023, 4310 Queen Street. Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson, Re: (File AM- 20/2005) In respect to proposed Zoning for 25 block town house units (file: AM 20/2005) 2.77 acres /1,12 hectares known municipally as 6846 Frederica Street, Niagara Falls, Ontario. To the south of the subject property is a large area of underused residential lands. Five (5) single family houses on over 5 acres of land. According to the Official Plan, townhouses and higher densities are a suitable use next to arterial roads such as Dorchester Road. With the quick access to the freeway network higher density is even more desirable. The development and design of the subject lands have implications for land use and road layout for lands to thc south. Niagara Falls Official Plan specifically states Part 2 Section 1 Policy 1.4.1 `A11 residential development shall be co- ordinated with the pattern of surrounding development having regard to such matters as housing mix, and densities, the road system and phasing of development." With regard and respect for the neighborhood, it is our submission that Spot Rezoning is not good planning. Therefore, to achieve good land use and orderly development, a comprehensive look at the arca is needed. Otherwise land locked properties will create inefficient use of land. To integrate development with existing and create a framework for development on the subject lands and the area to the south, some seven (7) acres, requires an overall plan. We feel this should be done in consultation with affected owners prior to planning approvals. Therefore, we respectfully request Council defer the zoning application until such a framework is adopted by Council. Respectfully Submitted, BB ern n ice Ciupa e Mt Mooney Terry Dale r Lillian Petkovich L_..14,...eC... r4LtGe 5630 Dorchester Road Phone: 905 356 -2043 5610 Dorchester Road Phone: 905- 357.4045 5633 Dorchester Road Phone: 9 05- 356 -8264 RECEIVED AUG 182005 PLANNING afitio- August 17, 2005 6803 High Street Niagara Falls, ON L2G 1N7 City of Niagara Falls PO Box 1023 4310 Queen Street Niagara Falls,ON L2E 6X5 Fax 905 356 -2354 Ext 4239/ (9/77;44/477 fi Attention: Mr Doug Darbyson Director of Planning and Development Re: File AM 20/2005 Rezoning 6846 Frederica Street Dorchester Road Dear Doug: Pursant to Zoning By -Law No.79 -200 and your Letter of Notification, I object to the proposed rezoning for a 25 Townhouse development on said lands. I have reviewed your July 19, 2005 report "Consent Application B20 /2005/NF Peter Lesdow (In Trust) Mike Colaneri (In Trust) (Agreement of Purchase and Sale) 6846 Frederica Street Dorchester Road (East Side); attended the Developer meeting hosted by Peter Lesdow on August 2, 2005 and talked to surrounding residents on the City block bound by Woodland Blvd, High Street, Dorchester Road and Frederica Street. The message I'm getting is that the proposed development is NOT in keeping with our neighbourhood nor the Official Plan. It should be noted that the Church (now called the Niagara International Worship Centre) acquired these lands (Zoned R1) as a condition of Biggar's will; was success with the support of our neighbourhood in rezoning to (I) on the grounds that they were building a School K to Grade 8 and now want to rezone to sell off the majority of the said lands 2.1 of 2.77 Ac parcel) to pay down Church debt. Our neighbourhood did not sign up for R4 Zoning in supporting the original Church rezoning. It should be noted that the Church has not lived up their 2001 Site Plan Agreement all as detailed in your report. In addition to a place of worship, the Church operates a school during the week with a maximum enrollment of a 100 students Data given by Pastor Myles at our August 2, 2005 meeting). Student use the said property for recreation as witness by OUR neighbourhood. I believe that the severance and rezoning will leave inadequate lands to support a school operation. RECEIVED AUG 18 2005 PLANNING DEVELOPMENT At the August 2, 2005 meeting questions were put to the Architect/Developer to which no commitment was made. Your representative Mr Ken Mark made note of these. Generally the meeting concerns were as follows: 1. Has Dorchester Road widening from Lundy's Lane to Thoroldstone Road been considered? 2. Dorchester Road south is congested at peak hours making turning onto side streets near impossible? 3. Is the servicing restricted to a 25 Townhouse Development a it is suspicious that it is contemplated to service our lock locked property to the south. 4. Can a 25 ft buffer be constructed from the property line and the development set back from this line? Berms, 6 ft fences are eyesores as evidenced by the fence erected along the Woodland property's as part of the 2001 Site Plan. 5. How much parking will be provided? The development has 15 double car garages and 10 singles, shows no parking on the laneway. 6. Will the Townhouse units be masonry facia on all four sides? 7. Has the drain course been reviewed? There's a 7 ft crossfall to the neighbour's property to the south. 8. Has the development been reviewed by the Fire Dept for lane width, hydrants, etc? 9. The property has many mature trees that enhance the neighbourhood? Are theses being maintained in the development? 10. Is the sale of this property conditional on rezoning? Confirmed by both Pastor Myles and M Colaneri that the sale is contingent on rezoning and severance for a minimum 25 Townhouse development. 11. How many Church members reside in the neighbourhood? Pastor Myles confirmed that none live in the neighbourhood and were scattered through out the Region. 12. Were single family homes considered like the development off Dorchester Road just south of Baker Street backing on Corwin Ave? Same quality neighbourhood. 13. What is the maximum height proposed for the development? 14. What type of lighting is proposed for the development. It is very serene in our neighbourhood and lighting levels must be maintained to existing conditions. The neighbourhood have a great influence our the lighting criteria and selection for the HWY 420 widening to the north. I have been a resident in this neighbourhood for 27 years and am disappointed that this development has been tabled for rezoning approval. Our neighbourhood is single family, highly desireable and a rival of Rola Woods or Corwin Cresent. I trust that Council will support the neighborhood in their concerns and deny this application for rezoning. Respectfully, Ron Giberson (without prejudice) PS I will be collecting signatures of the other residents in the neighbourhood in support of this objection. et- h/ 0/ 41w� RECEIVED AUG 19 2005 PLANNING DEVELOPMENT ,9/ 5 J a� d z d j _-.c -cam .i,- it-ccJ a ■4 41-e 2i t. r h::iIUNA_ YLANN1Nta Niagaraf Region PLANNING AND DEVELOPMENT August 17, 2005 File: D.10.M.11.23 Mr. Rick Wilson Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: Re: Zoning By -law Amendment Application Proposed Townhouse Development Dorchester Road, south of Frederica Street City of Niagara Falls Your File No: AM- 20/2005 Building Community. Building Lives. iru. tit The Regional Municipality o 3550 Schmon Parkway, P.0 Thorold, Ontario L2V 417 Telephone: 905 -984 -3830 Fax: 905-841-5208 E -mail: plan ©regional.nlagara.on_ca The lands to be rezoned by the above application are also the subject of a consent application (B20 /2005NF) to create two separate parcels. The northerly proposed parcel is 2.1 acres in size and contains an existing church and parking lot The southerly proposed parcel at 2.77 acres is currently vacant, but is to be developed for 25 townhouse units on an internal road. The proposed rezoning amendment would incorporate site specific institutional provisions to recognize the church parcel and would rezone the vacant parcel to a residential category to allow the townhouses. The Committee of Adjustment has deferred a decision on the consent application until City Council has considered the zoning application. These lands are located within the Regional Urban Areas Boundaries and are designated "Residential" by the Niagara Falls Official Plan. The surrounding area Is predominantly residential in character with single detached dwellings to the south, east and west and low -rise apartments on Royal Manor Drive to the northwest. The proposed townhouse development would comply with the Regional and City's Plans and should be consistent with the surrounding residential development. Regional Planning staff were not opposed to the related consent application. Similarly, we have no objection to the proposed rezoning from a land use perspective. The proposed townhouse site is located within 225 metres of Highway 420. This highway is designed to carry large volumes of high-speed traffic. As such, the potential noise Impacts from Highway 420 must be considered. Compared to a typical 400 Series highway, the Impacts from Highway 420 should be somewhat reduced because truck traffic Is minimal (trucks are not allowed on the Rainbow Bridge) and the highway Is slightly depressed. In lieu of a noise impact study, we recommend the following nolse attenuation features be incorporated into the townhouse project: a fence with a height of 1.8 metres (6 feet) be constructed along the nort he>1gJiaa of the townhouse project. The fencing material should have a min moefr® AUG 18 2005 PLANNING v. ncVFI OPMENT :'x •L n L� 20 kilograms per square metre. The purpose of the fence is to protect the rear yard amenity areas from noise, and the townhouse units abutting the northerly property line be constructed with central air conditioning and double glazed windows. In addition, Dorchester Road is an arterial road under the City's jurisdiction and as such is a potential noise source. The City should consider the need for fencing along Dorchester Road or other noise attenuation features. In conclusion, Regional Planning staff have no objection to the adoption of the proposed zoning application and the development of the townhouse complex. A copy of the comments of the Regional Public Works Department is attached. Yours truly, Y David J. Farley Director of Planning Services Attachment c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. W. Stevens, Regional Public Works twaBLMDorchester Rederica -NF 2 "u• LLLV F L DATE: TO: L I 1) Road Allowance L V .1 I I fl 1 L.11tll 1 l\ V August 11, 2005 2) Ministry of Transportation Ontario (MTO) Niagara'l Region MEMORANDUM Tom Whitelaw Planner Planning and Development Department FROM: Wi lliam J. Stevens, C.E.T. Development Approvals Manager SUBJECT: Zoning By-law Amendment Application Applicant: Peter J. Lesdow Proposal: To Permit a 2S -Unit Townhouse Development Location: 6846 Frederica Street S Dorchester Road In the City of Niagara Falls city File: AM- 20/2003 Our File D.18.04.66.643130003 (ID#4321) M• LL4 Regional Niagara Public Works Department has reviewed the above-referenced Zoning By-law Amendment Application. In general, we have no objection to this proposal and provide the following preliminary comments (further comments will be provided at Site Plan Application stage): Dorchester Road is a local road and not a Regional Road, as shown on Schedule 3 in the drawing. The subject .property is located south of Highway 420; therefore, the Ministry of Transportation Ontario (MTO) should be contacted for their comments. 3) Regional Bicycle Network As a point of information, the Region has developed a Regional Niagara Bicycling Network Plan. We note that the subject property has frontage on a roadway designated as being within this plan. If the bicycle route is currently not established and identified with slgnage, it is the intent of the Region to make provisions for doing so when an appropriate opportunity arises. This may involve additional pavement width, elimination of on- street parking, etc, if required on this street section. 4) Waste Collection on Private Property Since June 1, 2000 the Region has provided on-site household waste collection to private sites that provide a drive through road system (Le. collection vehicles do not need to reverse direction). New developments that are not large enough to provide a drive through street type collection may provide a cul- de-sac at the end of the roadway; again to avoid a backing -up manoeuvre. In April of 2002, the Region also agreed to consider a dedicated 'T' l '1LUIUIVI%L r LMIVII1 IVG turnaround area for restricted infill properties, where a through roadway or cul -de -sac could not be provided. In our opinion, the subject site layout for the proposed townhouses/condominiums does not comply with any of the options allowed in the Regional Policy 'Collection of Waste By Way of any on Private Properly' (Policy PW2.WO7). A copy of the above referenced policy may be obtained from the Waste Management Services Division, Public Works Department, 2201 St David's Road, Thorold_ It has been our experience that purchasers of homes in these sites expect that their waste will be collected by the Region and quickly request that the Region does so, even though the developer has indicated that private collection will be the method of collection. This leaves the Region with the unfavourable situation of having to deal with the affected residents after the fact and the potential to subsequently compromise the Region's policy. Therefore, we cannot support the site plan as submitted with this application and would request that the municipality discuss this matter with the developer, in order to ensure that the plan ultimately complies with our policy. 5) Ministry of the Environment If it is the intention of this development to provide new public services, as a condition of draft plan of approval, we will require the appropriate Certificates of Approval from the Ministry of the Environment. Therefore, as part of the Ministry's Transfer of Review Program, this department will require a detailed set of servicing drawings for our review and approval. Should the proposed development be designated instead as a private block, any servicing shall be reviewed under the Plumbing Code by the City of Niagara Falls. We trust that the foregoing Regional comments will be appropriately incorporated into any Site Plan Agreement entered into by the City with this applicant. 8 'W�4Miu/�ll� William). Stevens; C.E.T. Development Approvals Manager Public Works Department Operational Support Services Division no. Zia r. 4 WS/cm 1 Vo gineering-Planningand- DevelopmentWetnme{anneMNiagara FaIIs1CORRESPONDENcE 2005\1 0411.T.Whltdaw.doc Attachment c: Catherine Habermebl, Manager Waste Collection Diversion Operations Phil Bergen, Transportation Planning Technologist Tom Whitelaw Planner Planning and Development Department August 11, 2005 Page2of2 Ministry o1 M1nlst8re des transportation Transports Phone: Fax: E-mail: (416) 235-4256 (416) 235-4267 graham.routledge @mto.gov.on.ca City of Niagara Falls Planning and Development 4310 Queen Street, 2nd Floor Niagara Falls, Ontario L2E 6X5 Attention: Doug Darbyson Dear Mr. Darbyson: August 17, 2005 Central Region Corridor Management Section 7 Floor, Bldg. D 1201 Wilson Avenue Downsview, Ontario M3M 1J8 Your File: AM -20 /2005 Re: Peter Lesdow, 6846 Frederica Street/Dorchester Road, Zoning By -law Amendment Application, Fart of Lot: 125, Town of City of Niagara Falls, Region of Niagara. Further to yaw circulation received July 8, 2005 the Ministry has reviewed the above noted application in accordance with the requirements under the Ministry's Public Transportation and Highway Improvement Act. We provide the following comments: In general, the applicant should be aware that future development of these lands will require Ministry review and approval. All proposed permanent buildings and structures both above and below ground, utilities, frontage roads, fire routes, essential parking, and stormwater management ponds and associated berms, must be set back 14.0 metres from the Highway 420 property line. All noise berms or grading of any kind will not be permitted on Highway 420 property, The Ministry will not approve any new access to the land referred to as PART 2. The Ministry will not permit any access from the land referred to as PART 1 (the proposed townhouse development) to the land referred to as PART 2. The applicant will be required to submit a full scale (1:500) site plan, a site servicing and grading plan and a detailed stotmwater management plan and report indicating the changes in drainage run -off caused by the d and the intended treatment of this calculated runoff as it impacts on the Highway 420 Right-of-way. The applicant will also be required to submit a Traffic Impact Study indicating the exis Ling and future projected traffic volumes and patterns as it impacts the Highway 420/Dorchester Road Interchange. The Ministry will provide more detailed comments when a formal site plan is submitted. This land is within the Ministry's area of Permit Control and the applicant should be made aware that Ministry building/land-use permits will be required prior to any grading and construction RECEIVED AUG 18 2005 PLANNING DEVELOPMENT cc: Richard Yeung, Corridor management Engineer, MTO David Brown, Permit Officer, MTO v�nnauvi� IRYIInVU on these lands. Separate building/land -use permits are required for each stonnwater management pond serving this subdivision. Sign permits maybe required as well. Permits must be obtained from Mr. David Brown, Permits Officer (416) 235 -4081, at the above captioned address. If you have any questions, please feel free to contact me. Yours Truly, Graham D. Routledge Corridor Management Technician I PYVL VJI VJ 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 Council: BACKGROUND: Corporate Services Department PD- 2005 -64 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca August 29, 2005 *amendments made are in bold Re: Re: PD- 2005 -64, Site Plan Agreement SPC 11/2001, 5534 Stanley Avenue Glengate Hotel (1331207 Ontario Inc.) Authorization for the City to Proceed with Completion of Site Works Under a Site Plan Agreement Doug Darbyson Director 1) authorize staff to proceed with hiring the necessary contractors to complete all outstanding work pursuant to clause 14 of an agreement between the City and 1331207 Ontario Inc., dated July 19, 2001, should work on all items of the outstanding site works not be a) well underway by September 15, 2005 or b) substantially complete by October 15, 2005; and c) that the restriction against bus parking in the site plan be enforced. 2) pass the by -law, included on tonight's agenda, to implement the above noted recommendation. 3) that staff prepare a report on the timely enforcement of site plans and property standards matters. A site plan agreement dated July 19, 2001 was executed between 13312070 Ontario Inc. and the City to guide the completion of the hotel development. A 48 -room hotel, with ancillary meeting rooms and restaurant, is permitted with 30 parking spaces in underground and surface parking provided to serve the development. The site plan requires completion of site works within six months of substantial completion of the hotel. Although the hotel was substantially completed by October 2003 (date occupancy was authorized) a number of site works, as noted below, have not been completed. The outstanding works have been a concern to staff as the period in which works are to be complete has long expired. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 Staff noted no progress on the works during a site visit in June, and the owner was once again contacted. At that time, the owners verbally indicated they would start landscaping works as soon as possible and would start the other works in the fall. The applicant was informed that authorization to complete the work would be sought from Council if the works were not completed. As of the date of preparation of this report, no further works have been started. In addition, the City has received complaints from the neighbours of the hotel, who have voiced complaints about the lack of completion of the site work. The works that are outstanding are summarized as follows: The pool at the rear of the hotel has not been demolished and filled in and the area paved and curbed to provide approximately five parking spaces. This work is also a zoning compliance issue as the current supply of parking is not sufficient to serve the uses in the hotel. Landscaping has not been completed around the rear parking lot, along Buchanan Avenue and immediately behind the hotel. This involves placing topsoil and mulch and planting the trees, shrubs and vegetation called for on the approved landscape plan. The rear parking area has not been fully paved or curbed. Drainage works have not been completed. This of the hotel to ensure abutting properties on downspout runoff. A walkway to the rear of the parking area on completed. Engineering Site Works Landscaping Works Peninsula Construction Stevensville Lawn Service Superior Fence and Landscape Solutions Inc. 2 PD- 2005 -64 includes completion of a swale at the rear Buchanan Avenue are not impacted by the south side of the hotel has not been An EZ Flow Restrictor has not been installed in the catch basin in the rear parking area and the watermain valve box has not been lowered to grade. The site plan agreement allows for the City to enter upon the lands and complete the site works at the owner's cost if outstanding works are not completed after a notice and the passage of a reasonable period of time. More than a year has passed since the City notified the owner of the outstanding works, which is enough time to complete these works. Under the terms of the agreement, the City is authorized to hire a qualified contractor, who supplies the lowest bid. The City has obtained estimates for the works from the following qualified contractors: Silverline Group $38,478.00 G.S.T. Belchior Contracting $33,050.00 G.S.T. $16,851.00 G.S.T. $14,500.00 G.S.T. $12,841.00 G.S.T. August 29, 2005 3 PD-2005-64 As they have provided the lowest bids, Belchior Contracting and Superior Fence and Landscape Solutions Inc. would be awarded the respective contracts, if works are not well underway by September 15th. If the City completes the work under the terms of the agreement, the owner will be invoiced and given 60 days to pay the costs. Should this not be paid, the Letter of Credit for completion of site works, valued at $21,000, will be drawn upon. The cost of the works will be over $45,000, well above the amount of the Letter of Credit. This is because the works needed are more involved than the surface work normally secured in a Letter of Credit collected under City policy. However, the agreement protects the City in this case and gives the City the authority to add the additional costs to the collector's tax roll as it applies to the property. The recommendation is structured to give staff the authority to immediately commence completion of the outstanding works if the works are not well underway by September 15th, or if the works are not substantially complete by October 15th. Should there be any extenuating circumstances that prevent completion of works beyond the control of the owner or staff (i.e. construction labour dispute, exceptional weather conditions, contractor delays) a further report will be brought back to Council to reschedule the completion of the site works. The Municipal Act and the Planning Act require that any such enforcement action taken under a site plan agreement proceed by a by -law passed by Council. Passage of the by -law included on tonight's agenda will give the City the authority to complete the site works. CONCLUSION: Adoption of the recommendations and passage of the related by -law will give staff the ability to complete the outstanding site works associated with this project. Recommended by: tkuza- -ter Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services AB:ko Attach. S:\PDR\2005\PD2005 -64, SPC-1 1-01, Glengate Hotel.wpd Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 Site Plan Location %A Location: 5534 Stanley Avenue Applicant: 1331207 Ontario Inc. K161S_Regticst 200Ispc -1 l'mpping.epr I:NTS SPC 11/2001 Aub st2005 RED ROOF INN ADDITIONS k fllwVATIONs OOMw ALL AVENUE SCHEDULE 2 9ITF_ PL IN PETER J. LESDOW ARCHITECT L The City of Niagara Fall Canada Members: His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that Council 1) authorize the Mayor and Clerk to execute an agreement under Section 37 of the Planning Act, to secure streetscape improvements on streets abutting the lands as shown on Schedule 1; and 2) direct that the above noted agreement allow for the phasing of collecting cash contributions for streetscaping to coincide with the phasing of the hotel development as outlined in this report, with a cash contribution of $42,000 to be collected for the first phase of development prior to the issuance of a building permit. BACKGROUND: Corporate Services Department PD- 2005 -67 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 August 29, 2005 Re: PD- 2005 -67, Site Plan Agreement SPC- 28/2004, 5481 Dunn Street Applicant: Helias Enterprises Limited Proposed Phasing of Streetscape Improvements Secured by an Agreement Executed Under Section 37 of the Planning Act Helias Enterprises Limited has submitted a site plan application for the Horseshoe Inn located at 5481 Dunn Street. A 44 -room, 4- storey addition is proposed to be constructed on top of an existing 4- storey portion of the hotel. In addition, a 12 -room addition to a 2- storey wing, retail and restaurant space and an indoor pool are also to be constructed. The site plan has been approved by the Director of Planning and Development per his delegated authority and an agreement is being finalized. As further discussed below, the 4- storey addition is subject to a zoning by -law requiring contributions to streetscape improvements in exchange for increased height. Louis Dritsacos of Hellas Enterprises Limited has concerns about being required to pay for all of the streetscape improvements now when he is only proposing to build part of the potential development. He is requesting an opportunity to phase his payments. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 Requirements for Streetscape Improvements 2 PD 2005 67 Official Plan Amendment No. 26, adopted by Council in August 1999, requires developers of projects in excess of 4 storeys in height to enter into a bonusing agreement under Section 37 of the Planning Act in order to secure contributions to streetscape improvements within streets that abut the development. These contributions are in exchange for the increased height. These streetscape improvements are intended to contribute to creating a world -class tourist destination by developing high quality streetscapes beyond the minimum facilities provided by the City and the Region. The requirement to pay for streetscape improvements is contained in the amending zoning by -law. Through the adoption of the Streetscape Master Plan and Urban Design Guidelines in 2001 and the streetscape improvements to Fallsview Boulevard in 2003 and Stanley Avenue in 2004, the cost of streetscape improvements, including tree plantings, landscaping and interlocking brick sidewalks, has been determined to be $900 per linear metre. The streetscaping has been substantially completed around the site at the City's expense. With Council's adoption of the IBI Group's Tourism Policy Review Handbook in 2004, Section 37 agreements are now secured up front, prior to adoption of the amending by -law permitting building heights greater than 4- storeys. However, the subject development is one of several that were approved prior to the adoption of the Handbook and therefore streetscape improvements need to be secured at the site plan stage, through a Section 37 agreement. Streetscape Contribution Requirements for Helias Enterprises Limited Helias Enterprises Limited obtained approval in 1997 to construct a 23- storey addition next to the existing 4- storey Horseshoe Motor Inn This approval was granted prior to adoption of OPA No. 26 and the requirement for streetscape improvement contributions. In 2002, Helias Enterprises Limited obtained approval to construct a 4- storey addition on top of the existing 4- storey hotel. As this approval was granted subsequent to the adoption of OPA No. 26, the amending by -law to permit this expansion required contributions to streetscape improvements for the abutting street frontages (Stanley Avenue, Main Street and Dunn Street). With 387 metres of combined frontage on Stanley Avenue, Main Street and Dunn Street, the streetscape contributions for the Horseshoe Motor Inn site are among the most extensive of the high rise tourist developments approved to date Helias Enterprises Limited would need to contribute $348,000 for a 44 -room hotel development if assessed the full amount of the streetscape costs. Louis Dritsacos of Helias Enterprises Limited has requested that the City recognize this hotel addition as a phase of a larger development and assess a smaller streetscape contribution at this time. Proposed Phasing Provisions Staff agrees, in this case, that the amount to be collected is excessive based on the small size of the development and that a phased approach should be built into a Section 37 agreement for this project. Staff recommends that the agreement should be written to only require the full payment of $348,000 once a building permit for the balance of the 23- storey hotel is applied for. The 4- storey addition represents a portion of the overall development and only a percentage of the streetscaping costs would need to be paid at this time if phasing were used. August 29, 2005 3 PD- 2005 -67 To address this phasing, the applicant has proposed phasing be done on the rooms being developed at this time as a percentage of' the rooms that would be developed when the 23- storey hotel is built (about 350 rooms based on the plans submitted with the zoning application). This equates to about 12% of the development, resulting in a contribution of $42,000 with this first phase of development. Under the terms of the Section 37 agreement to be executed the remaining $306,000 will need to be paid when the future phase(s) proceeds. This phasing recognizes the value of this 4- storey phase and appears to be a fair and appropriate approach to address the subject development. As there may be other projects in the future that are phased, such developments should be evaluated on a site by site basis to determine the most appropriate way of phasing their contributions. CONCLUSION: A phased approach, based on the percentage of the rooms being constructed at this time, would be appropriate to use in the Section 37 bonusing agreement for the 4- storey hotel addition proposed by Helias Enterprises Limited, resulting in a cash contribution of $42,000 toward streetscape improvements. Future phased projects that require streetscape contributions should be evaluated on a site by site basis to determine the appropriate contribution in the first phase of development. Prepared by: Andrew Bryce Planner 2 Recommended by: Approved by: AB:gd Attach. Doug Darbyson Director of Planning Development T. Ravenda Executive Director of Corporate Services SAPDR\2005\PD2005 -67, SPC -28 -2004, Helias -Site Plan Ageementwpd Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 Site Plan Location Location: 5481 Dunn Street and 6541 Main Street Applicant: Helias Enterprises Ltd. 100ISRryiiestA2 W ASchaules\Si W kin spr28Vreppivg.vp 4 I:NTS SPC 28/2004 August 2D05 Office of the Mayor Inter Department Memorandum TO: Hello Dean: Dean Iorfida FROM: Kristine Speck Ext. 4205 RE: Proclamation Request Attached is a proclamation request for Grandparents Day for Sunday September 11, 2005 and information for Second Chance Kids. Thanks, 'rt 4 Kristine DATE: August 17 2005 City of Niagara Falls PROCLAMATION WHEREAS, The City of Niagara Falls places great value on our Grandparents and their role in our community, shaping our character and principles and providing unconditional love and support throughout our lifetimes; and WHEREAS, Grandparents help ensure that cultural traditions and timeless values are passed on to future generations; and WHEREAS, Grandparents contribute to our future by serving as a source of strength in times of difficulty, encouragement in moments of doubt and empathy in periods of distress; and WHEREAS, Grandparents; instill a sense of self -worth and personal responsibility which assists in our becoming good citizens; and WHEREAS, Many Grandparents selflessly step in to raise their grandchildren in difficult circumstances, and these dedicated individuals deserve our community's respect and support; WHEREAS, Each day affords the opportunity to honour our grandparents, SUNDAY, SEPTEMBER 11, 2005, marks the formal recognition of the important role grandparents play in the lives of us all; and THEREFORE, BE IT RESOLVED, That The City of Niagara Falls urges all citizens to honour their grandparents and grandparents everywhere for the many valuable contributions they make to our lives, our families, and our society; and BE IT FURTHER RESOLVED, That The City of Niagara Falls recognizes SUNDASY, SEPTEMBER 11, 2005, as "GRANDPARENTS' DAY" a day to reflect upon and celebrate the roles, responsibilities and contributions of grandparents in our nation. amp 1 1 whi b/r�mnr ua 1 1 V%.PJ asitovari a ril I 1 Ci.iJ Asim It14lflW rfbod PRESS•ITSEALIT s awn Fon s ubs 6 RANCCWIaREN ara O ren o f m TERRY HRANKOWSKI AVA 90 5-646.4361 thr ankowski@sympatico.ca HEART keW9kageomexcsahecookk kids/ Pt r n its Q its 0' 0 cco p a O a a CD 0 CO 0 co En En n 0 Q G n y° g r i 0. Wi nn z E y a a 5 a P1 0 5. a a te 0 0 1 h ill u 7o a y pn M S M r- -4 I WP 3 NO a 2 Int t1 0 4 0 5 o; rn s N zK b h 0. E. tz b o to- O v O 0 o 5 r e C rr l o r rJJ 0 rt d 0 w 0 g o P) E e 0 0 8 it I 0 g E. H h S. 2. r+ a c� 0 LO p 0 a n a E. t 0 cr co co 7 m B 0 0 m 0 m P 5 po C r+ O 0 B o Po y m Cr! w o a 5 0 o X h k 0 E 0. 6 s rn 2 ff ti O a 0 0 o u L c E b r+• 0 1 P k i 0 o �n x a g 0 o cu y a 0 0 A. August 12, 2005 Mr. Dean lorfda City Clerk City of Niagara Falls, P.O. Box 1023 4310 Queen Street Niagara Falls, Ont. L2E 6X5 Dear Mr. lorfda: Yours truly, Carol Michitsch HI AG. FALLS CLERKS' 05 0215 09.56 Re: EMPIRE PARK 4140 Wellington Street Niagara Falls, Ontario L2G 6L7 I am a resident of Chippawa for many years and live on Wellington Street next to "Empire Park" which is noted in the City Map as Chippawa Kinsmen Park P803. The Kinsmen were donors to the park for a few years. However, this park was named in 1941 by the school children in Chippawa as "Empire Park" and to my knowledge and the knowledge of the elder citizens of Chippawa, the name has never been officially changed. This park has been used throughout the years and is still used by many children and adults as a play area and an area to sit and rest or chat with the neighbours. Over the years the City of Niagara Falls has neglected the equipment in the park and has removed various pieces of equipment as the City has seen fit due to deterioration or being outdated, without replacing or updating said equipment. Due to the fact that children and adults alike are still using this park we are petitioning the City to replace and update all the equipment and bring the park back to a useable and safe standard. The only traffic in the area of the park is residential traffic. The park is in a quiet residential area that is very safe from speeding cars and is not in a high traffic area. What is very unique about this park is that all the children are within the view of the neighbours who can watch the children play in the park from their homes. Parents and grandparents can sit on their verandahs and watch their children play. This is something that no other park can boast about. Neighbours can get together and chat while their children play and still be within site of their homes. Please do not take this Park away from our children. Why would the City of Niagara Falls want to remove a Park that has been there since 1941 and today is still being used for the children to play in and the adults to sit and chat in, why would the City want to remove something that has always been there? Petition g m r 't a r k_ To upgrade the playground equipment at Chippawa Kinsmen Park. Co vAac$ Carol WltC sck- q05- 295-'+7 m0. Ll.— rvwcl 4-1 e Vq K -tn e .Co wt Up 4),rk EMPIRE PARK Named during the dark days of the Battle of Britain, as an expression of faith in the ultimate Victory of our Forces it is one of the last pieces of public land dedicated to the Empire prior to the change in name to the Commonwealth of Nations. This is an open triangular area in the Chippawa- Gardens subdivision. It is bounded on the west by Rodney Street, on the north -east by Nelson Avenue, and on the south -east by Wellington Street. These names were selected in 1941 from a list suggested by the children of King George V School. ROOSEVELT AVENUE Runs from Welland Street to the south boundary of the Village. It was named in tribute to the late president of the U.S.A_ in recognition of his friendship to Britain in the early years of the war. WELLINGTON STREET Runs easterly from the Sodom Road to Nelson Avenue. Named during the war years after the famous Duke, hero of Waterloo. NELSON AVENUE NOW DRAKE AVENUE (Changed around 1970) Runs from Welland Street south to the Chippawa Willoughby boundary. (Named after Britain's famous admiral.) East side from Welland Street. Lennox Property: fronts Welland Street. Vacant Tots: from here to the boundary line. West side from Welland Street. Property vacant Not No. 99 fronting on Sodom Road. Rodney Street runs from here to Wellington Street. Empire Park: north easterly side, approx. 200 ft. frontage. Wellington Street: runs from here to Sodom Road. Newman property: fronts Wellington Street. Vacant lots: from here to Chippawa Willoughby boundary. RODNEY STREET Runs from Wellington Street to Nelson Avenue. West Side (Named after the famous admiral.) Vacant Lost: these front on Sodom Road. East side -ifecptOSPIMIti west side, approx. 300 feet. Dean Iorfida Fwd: Re: Empire Park in Chippawa From: Adele Kon To: Dean Iorfida Date: 8/12/2005 3:37 PM Subject: Fwd: Re: Empire Park in Chippawa Carolynn, the park you are referring to is called Chippawa Kinsmen Park. I was contacted by an area resident who was starting a petition for a new play structure for this park location. I shared with her my reservations from a safety perspective and potential alternative locations. However, a decision has not been made and eventually this matter will be referred to the Recreation Committee, strategic plan process and to the community via a public meeting. As you are aware, we do not make significant changes to a park without a public meeting. Chippawa Kinsmen Park is best described as a large traffic island that is .43 acre in size It is triangular in shape and is bounded by a street on all 3 sides. It currently contains a number of pieces of old playground equipment. From a safety perspective, staff would prefer to eventually remove the playground equipment and find a more appropriate location. The island would remain green space with benches landscape treatment. Pat Cummings Memorial Sports Complex is within walking distance of the area and will eventually have a large accessible play structure. We plan to install the new playspace unit close to the arena and it will be included in our budget submission within the next few years. The concept plan for Pat Cummings Mem. Sports Complex also showed a spray pad, skateboard facility and hard surface play area. However, all of these amentities will require budget approval and will most likely be spread over a number years. With the encouragement of staff, the Chippawa Lions plan to apply for a Trillium grant to replace the play space unit in Chippawa Lions Park the near future. We will work with them to ensure the unit will adequately meet the needs of the children in the area. We will not remove any equipment from Chippawa Kinsmen Park unless it is damaged and cannot be repaired. Our plans were to wait until the new unit is Installed in Pat Cummings Mem. Sports Complex and again to refer it to both the Recreation Committee and the strategic planning process. Should you require any further information please do not hesitate to contact me. Adele Carolynn Ioannoni 8/3/2005 7:56 AM Adele I have received complaints from a number of residents in Chippawa who are now organizing a petition to stop the city from taking all the playground equiptment out of Empire Park. Apparently the plan is to remove all outdated equiptment and not replace it. Could you please explain to me the plan for this park, and if infact we are not replacing the equiptment an explaination as to why not? Thanks. Carolynn Page 1 of 1 file: /C:\ Documents% 20 and% 20Settings \Administrator\Local %20Settings \Temp \GW 000... 8/12/2005 The City of Niagara Fall Canada His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department F- 2005 -40 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2016 E -mail: kburden @city.niagarafalls.on.ca August 29, 2005 Re: F- 2005 -40 Portuguese Canadian Credit Union Approval of Letter of Credit Grand Niagara Golf Corporation Kenneth E. Burden Director That an Irrevocable Letter of Credit from the Portuguese Canadian Credit Union, in the amount of $150,000.00, be accepted as security with respect to the Grand Niagara Golf Corporation fulfilling its obligations under an Application for Site Plan Approval. By -law No. 91 -232, as amended, is a by -law to accept Letters of Credit, from various banks and credit unions as security. Attached as Appendix "2 "is a copy of By -law 91 -232, which sets out in Schedule "A" all the approved banks and credit unions from which Letters of Credit may be accepted. The Developer has requested that the City accept the Letter of Credit from the Portuguese Canadian Credit Union, which is not included in the By -law, see Appendix "1" The Manager of Finance has reviewed the Financial Statements for the Portuguese Canadian Credit Union and has assured himself that accepting the Letter of Credit, in the amount of $150,000.00, for this time only, so as to assist the Developer in fulfilling its obligations under an Application for Site Plan Approval, would not affect the City's security. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 Prepared by: Todd Harrison Manager of Finance Recommended by: Ken Burden Director of Finance Approved by: Kg. T. Ravenda Executive Director of Corporate Services 2 F 2005 40 Respectfully submitted: l;yr John MacDonald VU fiChief Administrative Officer 08/22/2005 12:16 9052761973 August 22, 2005 Clerks Department The City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Dean Iorfida Fax: 905-356-9083 Dear Sir: GRAND NIAGARA 0 0 1. F R E 5 0 R t Re: Letter of Credit $150,000 Securing Development Agreement between GNCC and City of N.P. We hereby request that the City of Niagara Falls approve the Portuguese Canadian Credit Union (PCCU) as a financial institution eligible to issue a Letter of Credit. The PCCU is a reputable and viable Credit Union with a $36 Million asset base and deposit insurance equivalent to the major Canadian Banks. If you have any further questions, please contact David Wrong at PCCU. He can be reached at; Mr. David Wrong Portuguese Canadian Credit Union 1199 Dundas Street West Toronto, Ontario M6J 1X3 Tel: (416) 533 -9245 (ext. 224) Fax: (416) 533 -2578 Sincerely, GRAND NIAGARA GOLF CORPORATION caa- William A. Sorokolit PAGE 01 IOW 0 W 1..1. Q 377 Rurnhemthorpe Road East Suite 117 Mississauga Ontario Canada l9A 3Y1 Phone 905.276.7690 Fax 905. 276.1973 www,grandniagartreson.com A by -law to accept Letters of Credit. Passed this 30th First Reading: September 30 Second Reading: September 30 Third Reading: September 30 CITY OF NIAGARA FALLS By -law No. 91 232 THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS:2: 1. That the City of Niagara Falls shall accept Letters of Credit, in form satisfactory to the City Solicitor, only from those Financial InstitutioO_ as set out in Schedule "A" hereto. day of E. C. W AGG, CITY WILLIAM SISMEATON, MAYOR 1991. 1991. 1991. September 1991. SCHEDULE "A" to CITY OF NIAGARA FALLS By -law No. 2002 161 Bank of Montreal The Bank of Nova Scotia Canadian Imperial Bank of Commerce HSBC Bank Canada The Royal Bank of Canada The Toronto-Dominion Bank Niagara Credit Union Limited (up to an aggregate amount of $6,000,000.00) Cataract Savings Credit Union Limited (up to an aggregate amount of $150,o0o.00) Fancily Savings and Credit Union (Niagara) Limited (up to an aggregate amount of $250,000,00) 1 His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department FS- 2005 -07 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 August 29, 2005 Re: FS- 2005 -07 2006 Combat Challenge Nationals Event Agreement with The Dennis Group Patrick Burke Fire Chief That Council approve negotiating and entering into a contract with The Dennis Group to provide fundraising for the 2006 Combat Challenge Nationals event held in Niagara Falls. The City of Niagara Falls has supported the Niagara Falls Fire Services Combat Challenge Team hosting the National Competition for the year 2006. The venue is fabulous as the course will be located adjacent to the Horseshoe Falls at Table Rock parking lot. The benfits to our City in hosting this event are numerous. The City will be nationally televised on TSN with a segment provided to highlight Niagara tourism. Competitors from across Canada will attend for up to 4 days during the competition and many will bring their families. This setting for this competition will rival any venue the Nationals has offered previously. The Niagara Falls Fire Services Combat Challenge Team has experience hosting three (3) Regional events prior to its bid for the Nationals. Much work went into fundraising to offset costs for Regional events. Hosting a National competition increases the benefits and also the fundraising effort required to meet the increased costs. The Team has requested assistance from a company specializing in fundraising in order to provide a realistic attempt to reach the fundraising and sponsorship goals. Successful fundraising will allow for cost recovery of monies paid to The Dennis Group and also repayment of funds for the training stair tower for Fire Services. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services August 29, 2005 FS- 2005 -07 The total fundraising campaign is $155,500 and the The Dennis Group costs (included) are as follows. TOTAL Funds for this project have been provided for in the 2005 budget: Lee Smith Assistant Chief Recon,nende y: (.54, Patrick Burke Fire Chief $1,500 /month x 12 months 18,000 Incidental Costs 5,000 (approx) GST 1,610 24,610 Respectfully submitted: j J ohn MacDona d v VV Chief Administrative Officer The City of Niagara Falls Canada Members: RECOMMENDATION: For the information of Council: BACKGROUND: Community Services Department 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 -7404 E -mail: pburke ©city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario May 2, 2,005 Re: FS- 2005 -04 Scott Fire Fighter Challenge Canadian Championships Niagara Falls 2006 Patrick Burke Fire Chief The recommendation(s) contained in this report were adopted by City Council Members of Niagara Fails Fire Services have been participating in the Fire Fighter Combat Challenge since 1999. During that time, Niagara Falls has established itself as a world class team, placing among top competitors at the regional, national and world level. Members have competed at the Open, Open Relay, Over 40, Over 40 Relay and Chief levels, covering the majority of categories available. Individual fire fighter course times of less than three minutes reflect a fitness level that is above average, less than two minutes reflects a fire fighter in exceptional shape. In 2002, every member was below the two minute mark. At individual races, Niagara Falls has placed in the top10 in the Open division and Over 40 division and in the top 5 in the Chief division at the World Finals. Some of the more memorable successes at the Team and Relay levels are outlined in the attached table. The physical training required to compete is quite arduous but the benefits for those competing are obvious, as the events in the competition are directly related to the job functions of a fire fighter. The team has grown to include our full -time and volunteer fire fighters working together. At the Niagara Falls Regional competition held in 2004, we had the greatest turnout seeing over 20 fire fighters from Niagara Falls competing. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services FS-2005-04 May 2, 2005 FS-2005-04 While Niagara Falls Fire Fighters are well known within the Combat Challenge circuit for being extremely competitive, they are also distinguished for hosting well attended and organized regional competitions for the past three years. hi 2005, the team decided not to hold a regional competition in lieu of hosting the 2006 Canadian National competition in Niagara Falls. It will take much hard work to be successful with this event as more than 600 competitors are expected to be attending over a four -day period. The City of Niagara Falls has provided tremendous assistance to reach the goals of hosting past regional competitions and the team will be relying on this support at a higher level for the Nationals. Niagara Falls Fire Services is working together as a team to provide a professionally run event that will raise the stature of our City and Fire Services on a national level while creating economic benefits and business for our city. Prepared by: Lee Smith Assistant Chief Patrick Burke Fire Chief Respectfully submitted: m John MacDonald Chief Administrative Officer Year Location Competition Division Niagara Falls Team Place 1999 Mississauga Regional Team 36 2000 Windsor Regional Team 18'" North Bay Regional Team 12'" 2001 Windsor Regional Team 10'" Burlington Regional Relay 2" Shawinigan National Team 14t Shawinigan National Relay 9'" Gloversville NFL Invitational Relay 3` 2002 Niagara Falls Regional Team 2n Niagara Falls Regional Relay 2nd London Regional Team 9 Windsor National Relay 2003 Niagara Falls Regional Team 1" Niagara Falls Regional Relay 1" London Regional Team 8d' London Regional Relay 6'" Charlottetown National Relay 5`" Erie Regional Team 2" Erie Regional Relay 3` 2004 Niagara Falls Regional Team 2" Niagara Falls Regional Relay 1" Niagara Falls Regional Over 40 Relay 2" Windsor Regional Team 5 Toronto Regional Relay 2" Brampton Regional Relay 5 Sherbrooke National Team 18'" Erie Regional Relay 3` Las Vegas Worlds Over 40 Relay 3'd The City of Niagara Fall Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L-2005-28 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E mail: kkelly @city.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Re: L- 2005 -28 Release of Agreement 2907 Stanley Avenue Our File No.: 2005 -203 August 29, 2005 Karen Kelly City Solicitor That Council authorize execution of an Application (General) and any documents necessary for the purpose of releasing an Agreement dated March 1, 2004 and made between The Corporation of the City of Niagara Falls "City") and Nancy McKinnon "McKinnon over Part 3 on Reference Plan 59R -1817 "subject lands In 2004 the City entered into the above mentioned Agreement with McKinnon to pay for the construction of future sidewalks along the subject lands. A copy of said Agreement is attached hereto as Appendix "A Since financial obligations with respect to this Agreement have been met to the satisfaction of the City, Staff has no objection to releasing McKinnon from the terms and provisions of the Agreement, at no cost to the City. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 Recommended by: bdf aren I. Kelly City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services /lb Attach. 2 L- 2005 -28 Respectfully submitted: c a r John MacDonald U Chief Administrative Officer LRO II 59 Notice Under 5.71 Of The Land Titles Act The applicant(s) hereby applies to the Land Registrar. Properties PIN Description 64274 0298 LT Estate/Qualifier Fee Simple Lt Conversion Qualified PT TWP LOT 37 STAMFORD, PART 3 ON 59R -1817 SAVE EXCEPT PTS 1 &2 ON 59R 11421: NIAGARA FALLS Address 2907 STANLEY AVENUE NIAGARA FALLS Recelpted as SN27122 on 2004 03 19 at 11:43 yyyy mm dd Page 1 of 18 Consideration Consideration 0.00 Applicant(s) The notice is based on or affects a valid and existing estate, right, interest or equity in land Name Address for Service THE CORPORATION OF THE CITY OF NIAGARA FALLS 4310 Queen Street. P. O. Box 1023, Niagara Falls, Ontario. L2E 6X5 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Mary Morrone, Law Clerk, on behalf of The Corporation of The City of Niagara Falls. Statements The land registrar is authorized to delete the notice on the consent of the following party(les) The Corporation of The City of Niagara Falls Schedule: See Schedules Signed By Mary Morrone Tel Fax 9053587521 9053712892 4310 Queen St. P.O. Box 1023 acting for Applicant(s) Niagara Falls L2E 6X5 Signed 2004 03 19 'Submitted By THE CORPORATION OF THE CITY 4310 Queen St. P.O. Box 1023 OF NIAGARA FALLS Niagara Falls L2E 6X5 Tel 9053567521 Fax 9053712892 2004 03 19 'Fees/Taxes/Payment Statutory Registration Fee Total Paid Applicant Client File Number: $60.00 $60.00 File Number 2003 -235 Ow t ajir ass w X a z w 0 a- THIS AGREEMENT made this 1" day of March, 2004, BETWEEN: THE CORPORATION OF THE CITY 01? NIAGARA FALLS, Hereinafter called the "City", and NANCY McKINNON, Hereinafter called the "Applicant of the FIRST PART; of the SECOND PART. WHEREAS the Applicant is the registered owner of the lands and premises in the City of Niagara Falls described in Schedule "A" attached to this Agreement, and which premises are known municipally as 2907 Stanley Avenue, Niagara Falls (the "Applicant's lands AND WHEREAS the Applicant applied to the City Council to legalize certain dwelling units at the property known municipally as 2907 Stanley Avenue, and to change the zoning of the Applicant's lands from RID to R3 to permit an increase in the number of permitted dwelling units from two (2) to four (4); AND WHEREAS Council adopted the recommendations in Report PD- 2000 -137 on December 11, 2000, and approved the zoning change, subject to those conditions noted in the Report, which Report is attached hereto as Schedule "B" to this Agreement; AND WHEREAS one of the aforementioned conditions required the Applicant to pay for the construction of future sidewalks along Church's Lane and Stanley Avenue; AND WHEREAS the Applicant has refused or neglected to satisfy the said condition, and has not presented the zoning by -law amendment to City Council for approval; AND WHEREAS the Applicant is desirous of presenting the zoning by -law amendment to City Council for approval, and has entered into this Agreement for that purpose; NOW THEREFORE IN CONSIDERATION ofthepremises and themutual covenants contained in this Agreement, the said parties do hereby covenant and agree, each with the other, as follows: Applicant's Oblipations The Applicant will pay to the City the principal sum of $5,453.79 ($5,097.00 plus G.S.T.) of lawful money of Canada, plus interest at a rate of five and one quarter percent (5.25 per annum. Payments of principal and interest shall become due and payable in accordance with the provisions of Schedule "C', attached hereto and forming part of this Agreement Citv's Oblipations 2. The City agrees to construct a sidewalk along Church's Lane and Stanley Avenue in accordance with the plans attached hereto as Schedule "D Weather permitting, the said construction shall be completed not later than June 1, 2005. Default by Applicant 3. In the event of the failure of the Applicant to pay any instalment at the time stipulated in Schedule "C or on failure to pay interest when due, the City may, at its option, declare this Agreement to be terminated and upon such declaration being made, this Agreement and all rights and relief given to the Applicant in this Agreement shall cease and determine. Acceleration on Default 4. In the event of the failure of the Applicant to pay any instalment at the time stipulated in Schedule "C", or on failure to pay interest when due, the entire sum payable under this Agreement shall immediately become due and payable, and shall be deemed to be taxes due upon the lands described in Schedule "A" under section 349 of theMunicipal Act. 2001 and may be collected in the same manner as municipal taxes. Due on Sale 5. In the event of the sale of other disposition of the Applicant's lands during the currency of this Agreement, the entire sum payable under this Agreement, including accrued interest, shall immediately become due and payable by the Applicant to the City. Registration of Agreement 6. The Applicant consents to the registration of this Agreement against the title to the Applicant's lands. Cost of Agreement 7. The Applicant shall pay the cost of registering the Agreement on title to the Applicant's lands in accordance with paragraph 6 above, and the cost of registering a discharge upon the completion or termination of this Agreement. Expense to by Paid by Applicant 8. Every provision of this Agreement by which the Applicant is obligated in any way is to be deemed to include the words "at the expense of the Applicant" unless any such provision expressly provides to the contrary. Recitals 9. The parties agree that the recitals hereto are true and accurate and form part of this Agreement. Amendment of Agreement 10. If at any time during the continuance of this Agreement the parties shall deem it necessary or expedient to make any alteration, addition or amendment, they shall do so by means of a written agreement between them, which shall be supplemental to and form part of this Agreement. Gender 11. Wherever the singular or masculine is used in this Agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and temdnological changes thereby rendered necessaryhavebeen made and all covenants hereto contained shall be construed to be several as well as joint. No Assignment Without Consent 12. The parties agree that no party may assign their respective rights or obligations under the terms of this Agreement without the prior writ consent of all other parties, which consent may be withheld without reason. Governing Law 13. This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, and the parties hereby submit themselves to the exclusive jurisdiction of the Courts of the Province of Ontario. Heirs, Successors and Assivns 14. This Agreement and all items contained herein shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, permitted assigns and successors in title. Notice 15. Any notice to be given pursuant to this Agreement maybe delivered or sent by Prepaid First Class Mail, or Facsimile Transmission to the parties as follows: The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Manager of Revenue Telephone: (905) 356 -7521 Fax: (905) 356-2354 The Applicant: Nancy McKinnon 2907 Stanley Avenue Niagara Falls, ON L2E 6S4 Telephone: (905) 374-1984 Any such notice, if mailed, shall be deemed to be given to and received by the other party three (3) business days after the mailing thereof, or if sent by facsimile transmission on the date the facsimile transmission was sent, provided it is sent before 4:30 p.m. Non Waiver Of Breach 16. Any condoning, excusing or overlooking by any party of any default, breach or non observance by any other at any time or times in respect of any covenant, agreement or condition herein contained shall not affect in any way that party's rights in respect of any subsequent default, breach or non observance. Disclaimer of Partnership 17. The parties hereto disclaim any intention to create a partnership between them or to constitute any of them the agent of the other or to create any fiduciary relationship between themselves. Nothing in this Agreement shall constitute the parties being construed as partners or agents of one another, nor, except as may be expressly provided in this Agreement, constitute any of them the agent of the other party. Entire Contract 18. There are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Agreement except as expressly set out in this Agreement, and the Schedules attached hereto. Severability 19. If any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable from the remaining provisions, which shall remain in force and be binding upon the parties hereto. IN WITNESS WHEREOF the Applicant has set her hand and seal, and the City has hereunto affixed its corporate seal attested to by the hands of its proper signing officers duly authorized in that behalf. Witness: 'Caney Mctnnon THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Re i Title: Ma Name: D Talc: -Gity,C •e :,15.1= SCHEDULE "A" PT 'MP LT 37 STAMFORD; PT 3 59R1817; Niagara Falls, in the Regional Municipality of Niagara all being PIN No. 64274-0218(LT). Sfoc. as exaep4- crci '20n SqQ- 11-111 The City of pp��I,++ Niagara Falls Canada 1 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: It is recommended that: 4 VIpn141U ow VA:VS Vppar1111C111 Planning S Development 4310 queen Street P.O. Box 1023 Niagara Falls, ON L2E 8X5 web sae: www.tly.Negarafalls.on.ca Tel: (905)358.7521 Fax (905)358.2354 E-mat nfplangiecitynlagenafigia.on.ca December 11, 2000 SCHEDULE II a Re: PD- 2000 137, Zoning By-law Amendment Application AM- 39/2800, Nancy McKinnon Legalize Four -Unit Dwelling RECOMMENDATIONS: 1) Council approve the Zoning By -law amendment application to legalize the existing use of the dwelling for four dwelling units; and 2) the applicant be required to pay for the construction of future sidewalks along Church's Lane and Stanley Avenue, provide the required number ofpardang spaces, and dedicate the required road widening snips and dayligliting triangle to the appropriate road authorities through the Site Plan Approval process. THE PROPOSAL: An amendment to the City's Zoning By -law is requested by Nancy McKinnon for berpropeatyknown as 2907 Stanley Avenue, shown on Schedule 1. The dwelling on the property contains five dwelling units. Only two of the dwelling units are legal. The amendment is requested to legalize four of the dwelling units. The filth dwelling unit located in the cellar is required toberemoved ReferloSchedule 2 for details of the property. THE AMENDMENT: The land is currently zoned Residential Single Family ID Density (RID). The zoning of the land is requested to be changed to a site specific Residential Mixed (R3) zone to allow the existing dwelling to contain four dwelling units. Clerk's Working Together to Serve Our Community Human Resources Iniomratim Systems Legal Planning DeVelopnanf Doug Darbyson Director PD- 2000.137 December 11, 2000 PD-2000- 137 CIRCULATION COMMENTS: Information concerning the requested amendment was circulated to City departments, several government agencies and the public for comments. The following is a summary of the comments that have been received. Municipal Works Building Division A 2.44 metre wide road widening strip is required to be dedicated to the City along Church's Lane. A daylighting triangle with 7.0 metre legs is required to be dedicated to the City at the intersection of Church's Lane and Stanley Avenne. The applicant is required to pay the cost of constructing a future sidewalk along Church's Lane and Stanley Avenue (estimate S5,097.00). A building permit was issued in August 1996 to permit the construction of a second dwelling unit as an addition to an existing single family dwelling. The basement in the new addition was proposed to be unfinished. All necessary Building and Plumbing Pemtits will be :Nuked to be obtained if the application is approved by Council. Copies of all test results and field reviews by the Designer shall be submitted to the City's Chief Building Official as they become available. Occupancy of the dwelling cannot be authorized without the required tests and shall be in accordance with the Fire Prevention Office approvals for all of the units. Parks, Recreation Culture No objection. Regional Public Works A 3.05 metre wide road widening strip p is required lobe dedicated to the Region along Stanley Avenue. A daylighting triangle with 7 mane legs is required to be dedicated to the Region at the intersection. The driveway at the northerly limit of the site should be modified to provide a 20-foot wide throat with 15-foot turning radii. The parking area must be designed to prevent vehicles from backing onto Stanley Avenue. No additional storm water runoff can be directed to Stanley Avenue. Appropriate permits are required prior to any work commencing within the Regional road allowance. December 11, 2000 PD-2000-137 PLANNING REVIEW: The following is a summary of staffs assessment of the application: I. What is the background to this application? Prior to May 1996, City staff had several meetings with the applicant to discuss the merits of a zoning amendment to permit up 10 5 dwelling units on her property. Shortly thereafter, she applied for a building pemtit to allow the construction of an addition to her dwelling containing a second dwelling unit. Because the existing dwelling was purported to contain only one dwelling unit, the application was processed in accordance with the provisions of Bill 120 which permitted apartments in houses. In April 2000, a site inspection of the property revealed that the applicant had illegally converted the original dwelling and the addition into 5 dwelling units without approval from the City. The applicant was advised that 3 of the dwelling units were illegal and should cease to exist In an attempt to address the issue, the applicant applied to the Committee of Adjustment for a change ofuse to allow 4 dwelling units within the dwelling. The application was denied by the Committee because it was beyond the scope of a minor variance. The subject application has been filed in an attempt to legalize the use of the land and the existing dwelling for four dwelling units, one on the main floor of the original building, one on the second floor, one on the main floor of the addition and one in the basement of the addition, 2. What is the City's plan for the subject and surrounding lands? The subject land and those surrounding it to the north, south and west arc designated Residential in the City's Official Plan. The predominant use ofResidentially designated land is to be housing catering to a wide range of households. The surrounding land is developed primarily with single detached dwellings and is now a well established neighbourhood. The original dwelling on the subject land predates the surrounding development. Single detached housing is intended to dominate the character and identity of residential neighbourhoods. Nevertheless, the need for various types of multiple residential accommodation is also recognized. Multiple residential accommodation is not to be mixed indiscriminately with single detached housing, but rather arranged in a gradation of building heights and densities. On -street townhouses, apartments and other similar multiple unit structures 2 to 3 storeys in height can be developed to a maximum density of 50 units per hectare. This development is to be located primarily on collector or major collector roadways and generally be integrated with residential plans of subdivision. 3. Is the proposal to have to existing converted dwelling recognized and legalized within the intent and purpose of the City's Official Plan? Yes. The height of the existing dwelling is 1% 2 storeys. The density of the dwelling after the dedication of the required road widenings will be 50 units per hectare. The property is located at the intersection of a collector skeet and an arterial road and across from four on -street townhouse dwelling units. An elementary school, park and convenience store are within easy walking distance of the property. December 11, 2000 P112000137 4. Is the requested zoning amendment appropriate? Yes. The lands on the south side of Church's Lane are zoned Residential Mixed (R3). This is the same zone category requested by the applicant for her property. The R3 zone permits a range of dwellings including detached, semi detached, duplex,onstreet townhouse, triplex and quadruplex (4 unit) dwellings if sufficient land is available. The standard provisions of the R3 zone permit 4 unit dwellings to be developed at a density of 43 units per hectare. A site specific R3 zone is requested to recognize and legalize the existing use of the property and the residential dwelling thereon. The following chart compares the standard requirements of the R3 zone with the current proposal. Staff have no objections to most of the modifications because they are minor in nature and basically reflect thelocationand size of the existingbuil ding. However, staff are concerned about the ntmtber and location of the pairing spaces that are proposed to be provided because the property is at a busy intersection. According to the site plan submitted with the application, two double-car driveways arc proposed to be maintained, one off Church's Lane and the other off Stanley Avenue. Based on the City's parking standards, two additional parking spaces should be provided offStanleyAvenue. The Region hisrecommended, and staff agree, that theparking area off Stanley Avenue should be designed to enable vehicles to drive forward onto the road 5. Is Site Plan Approval required? Yes, all multiple residential development is subject to Site Plan Control. Because the dwelling already exists, the only site development issues that need to be addressed are parking, land dedications, and paying for the construction of sidewalks across the frontages of the property. If Council thinks that the Site Plan Approval process is too onerous in this instance and can be omitted to reduce the applicant's cost, these matters should be fully addressed prior to the passage of the amending by -law. Standard R3 Zone Current Proposal Minimum Lot Area 940 sq. m 1015 sq. m (800.5 after mad widening) Minimum Lot Frontage 25.5 m 21.34 m Minimum Front Yard 6 m 10.21 m (7.8 m after road widening) Minimum Rear Yard 7.5 m 7.7 m Mmimmn Interior Side Yard 3 m 1.2 m Minimum Exterior Side Yard 4.5 m widening 7 m (4.1 in after road widening) Maximum Lot Coverage 40% 213% (27% after road widening) Parking Requirements 6 spaces 4 spaces December 11, 2000 P112000137 4. Is the requested zoning amendment appropriate? Yes. The lands on the south side of Church's Lane are zoned Residential Mixed (R3). This is the same zone category requested by the applicant for her property. The R3 zone permits a range of dwellings including detached, semi detached, duplex,onstreet townhouse, triplex and quadruplex (4 unit) dwellings if sufficient land is available. The standard provisions of the R3 zone permit 4 unit dwellings to be developed at a density of 43 units per hectare. A site specific R3 zone is requested to recognize and legalize the existing use of the property and the residential dwelling thereon. The following chart compares the standard requirements of the R3 zone with the current proposal. Staff have no objections to most of the modifications because they are minor in nature and basically reflect thelocationand size of the existingbuil ding. However, staff are concerned about the ntmtber and location of the pairing spaces that are proposed to be provided because the property is at a busy intersection. According to the site plan submitted with the application, two double-car driveways arc proposed to be maintained, one off Church's Lane and the other off Stanley Avenue. Based on the City's parking standards, two additional parking spaces should be provided offStanleyAvenue. The Region hisrecommended, and staff agree, that theparking area off Stanley Avenue should be designed to enable vehicles to drive forward onto the road 5. Is Site Plan Approval required? Yes, all multiple residential development is subject to Site Plan Control. Because the dwelling already exists, the only site development issues that need to be addressed are parking, land dedications, and paying for the construction of sidewalks across the frontages of the property. If Council thinks that the Site Plan Approval process is too onerous in this instance and can be omitted to reduce the applicant's cost, these matters should be fully addressed prior to the passage of the amending by -law. December 11, 2000 CONCLUSION: Based on the foregoing, staff can support the application to recognize and legalize the use of the land and the existing dwelling for four dwelling units provided that adequate safe parking is provided. The proposal is within the intent and purpose of the City's Official Plan. A certain measure of land use compatibilityhas evolved with the surrounding neighbourhood. Staffrecommend that the construction of sidewalks, the provision of the required number ofparking spaces, and the dedication of the required road widening strips and daylighting triangle be addressed through the Site Plan Approval process. Prepared by: R ectfullysubvlitted: Kw Mech Edward P. Lustig Planner 2 Chief Administrative Ofl Recommended by: Doug Darbyson Director of Planning Development Approved by Tony Ravenda Executive Director of Corporate Services KM:gd Attach. SAPDRV OOPPD7000.137.wpd PD -2000 -137 Subject Land Amending Zoning By -law No. 79 -200 2907 Stanley Avenue Part of Township Lot 37 Former Township of Stamford, Now City of Niagara Falls Applicant: Nancy McKinnon SCHEDULE 1 LOCATION MAP AM- 39/2000 INIS THIS IS NOT A PLAN OF SURVEY eazielow QYISTI44 •VT SloxtY Swots roust AeueWL* 2501 Y THIS L5 NOT .A PLAN OF SURVEY er: x614 v.LwT (sin Lr.4.K r:4 •n'a..uj" LfIViVMY n.» 1- 011f.1IL 10 WI 4 a- 0 .40.0. 0 e6 aR. Lor AEC A• 1p!21 sc 8011_45:•.1 AREA C n+a 0 ♦u Mr •!ROP424L 1MQEAF rp AL 2 34 sr SOP-m.4 C. :toyed:A4c V.5 .14AL L'e SCRIPTpJ MRT p Rnmsr• {{F 14 31 iM•61ILY IW:MO or GL1IOt4b 44•U 13 The CITt P WAJ•(A Mos !SS. MIWLI.ALIT( K NIA4AFA 70 CO' C H U R C H S L.. A N E SITE PLAN 14,aA:1 ul 2) 7 UI 4 tit J 7_ 1- t0 PROPERTY OWNER PROPERTY ADDRESS PROPERTY TAX ACCOUNT NUMBER OTHER CRAM:IFS AMOUNT GST 7% TOTAL CHARGES ANNUAL INTEREST RATE PAYMENT DUE DATE OPENING BALANCE 15-Jan-05 15- Feb-05 15-Mar-05 15-Apr-05 15 -May-05 15-Jun-05 15-Jul-05 15-AU 05 15- Sep-05 15-0d -05 15- Nov-05 15- Dec-05 15-Jan-06 15- Feb-06 45-Mar-06 15-Apr-06 15 -May-06 15-Jun-06 15-Jul-06 15 -Aug-06 15-Sep-06 SCHEDULE "C OTHER CHARGES BALANCE $5,453.79 55,453.79 5,377.65 5,301.18 5,224.37 5,147.23 5,069.75 4,991.93 4,913.77 4,835.26 4,006.42 3.923.95 3,841.11 3,007.92 2,921.08 2,833.86 1,996.26 1,904.99 1,813.32 971.26 875.51 779.34 (0.00; NANCY MCKINNON 2907 STANLEY AVENUE, NIAGARA FALLS, ONTARIO 2725 040 001 19600 0000 $5,097.00 3358.79 $5,453.79 5.25% INTEREST PRINCIPAL TOTAL PAYMENT APPLIED TO: CHARGE MONTHLY MONTHLY OTHER INTEREST 5.25%/YEAR PAYMENT PAYMENT CHARGES CHARGE BALANCE 323.86 $23.53 523.19 322.86 $22.52 $22.18 $21.84 $21.50 521.15 317.53 $17.17 $16.80 $13.16 $12.78 $1240 $8.73 $8.33 $7.93 $4.25 $3.83 $3A1 ($0.00) $76.14 $76.47 576.81 $77.14 377.48 $77.82 $78.16 $78.50 3828.85 $82.47 $82.83 $833.20 386.84 $87.72 $837.60 591.27 591.67 $842.07 595.75 $96.17 5779.34 $0.00 $100.00 3100.00 $100.00 3100.00 3100.00 $100.00 $100.00 $100.00 $850.00 $100.00 $100.00 $850.00 $100.00 $100.00 $850.00 $100.00 $100.00 $850.00 $100.00 $100.00 $782.75 ($0.00 $76.14 $76.47 $76.81 $77.14 $77.48 $77.82 $78.16 $78.50 $828.85 382.47 $8283 $833.20 $86.84 $87.22 $837.60 $91.27 391.67 $84207 $95.75 $96A7 $779.34 $0.00 $23.86 23.53 23.19 22.86 22.52 22.18 21.84 21.50 21.15 17.53 17.17 16.80 13.16 12.78 12.40 8.73 8.33 7.93 4.25 3.83 3.41 (0.00 SCHEDULE "3) Stanley Avenue at Church's Lane Proposed Sidewalk Church's Lane SUBJECT PROPERTY 1FU31S_ e queeisVped 1 gstomUnrmeftegeM1SWibyave churtlernaap February 2004 Existing Sidewalk Proposed Sidewalk THIS IS NOT A PLAN OF SURVEY Scale I 1:NTS The City of Niagara Fall Canada Members: RECOMMENDATION: Corporate Services Department L-2005-29 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E -mail: kkelly @city.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Re: L- 2005 -29 Release of Agreement Lot 48, Registered Plan 59M -274 Our File No.: 2005 -202 August 29, 2005 Karen Kelly City Solicitor That Council authorize execution of an Application (General) and any documents necessary for the purpose of releasing an Agreement dated September 8, 1978 and made between Leonard Routledge "Routledge and The Corporation of the City of Niagara Falls "City") and Herbert E. Davies "Davies Leon Corr ("Corr"), Robert Thiessen "Thiessen and W A Wurster "Wurster over Lot 48, Registered Plan 59M -274 "subject lands BACKGROUND: In 1978 the City entered into the above mentioned Agreement with Routledge, Davies, Corr, Thiessen and Wurster. A copy of said Agreement is attached hereto as Appendix "A The Agreement provides that the covenants therein bind the subject lands only for a period of 20 years from the date of the Agreement. With this "sunset" clause, the plans are no longer in force and therefore their Solicitor, Robert E. Corbett, has requested that the Agreement be released. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 Staff confirms that the Agreement is no longer required and maybe removed from the title, at no cost to the City. Recommended by: Karen I. Kelly City Solicitor Approved by: cluirrau T. Ravenda Executive Director of Corporate Services /lb Attach. 2 L- 2005 -29 Respectfully submitted: John MacDonald Chief Administrative Officer T IS =rime tie tbd eel der df September, A.b.,,1978. B 2.2R 88 Y: XZOIARt l RODTLEDGZ, of the goreagh .f Seerborongh, in the lbmleipallty of Rerp.licem Terence, (Is trust) llei.LV fepe cants. the 'Tem er tRZ cant Wien Of PITS 6121 O! VIACAllA ML$. ger.ioafeer relied Ira "city^. IieAfBRi MBIES, wa LS9W G IBER V. A. MUTER. a 11 of the City of Mager. Y 11a L the Rrstel fll of Maser.. Trustees of Mope e11 of .pa .wMp Peptise Church. netviaftnr celled the "PUrchstele", (O®.f1S the.O.ner holds the lards described in to uses, in tercet, and hie applied to the Lend gegi.al Moicipality of l.iager far a emnaemt respect m the land.. described in etbedole "t" .r being purchased by the Purnh.aarnt and 916Y.L.$ Elsa demists% of the acid Committee vac of the MBE fAQ; of the SUMO MMM; of the lnaD PART. Schedule "A attached terete. Divlada Cwnittee of The ceder the Manatee Aet ..th attached hereto, tine leads to greet the consent .ubissr to cerestn conditions; and nM1tiLAS this agreement contatne provision. that ass deemed appropriate by .1.. Cape Mg HITS AdaIEDIESl ntTMESSETS elan is mmgidemti a of the sue of fi.BO of lawful money of monads my paid by this city to. the Demes end party the receipt whereof is hc.by aeln.oeledsnd. and'•tlee seed and w.l.ubla eenaidermtion ,af.e Ocoee and parchments hereby revenant and agree "irb the tier [chess: i. lb. imam aricmced by This agreeednt are described in Schedule ?A" chid is attached Farm nod forms .fort of chic agreement_ E 'd 919E'oN 11300 dO 3NAY8d Wdlt :3 SOOT 'u inn X 0 Z i a. The earner shall pay so the city, bh or before tii. eraeat&M Of this agreement, the gsaeral menial charge of S1.000.O0 imposed ay a Condition by the land Divisia Committee. 3. rbe O nor jaws of behalf of himself aid his executors, administtaters. successors end assigns and successors in title and owner or owners from rise to elms of the panel of lead being cnrpond OE the lands described in Schedule "a hereto, aave and .sanest for the lands described le schedule "D" hereto !which parcel of land is hereinafter referred to as the "rwynt parcel;) that in the acct that any part of the resonant parcel abutting oa the lands described in debacle "m" hereto is developed by way of a plan of subdivision all the lands described in Schedule se" hereto will be included as part of suet plan of ssbdlvisiaa and the Pnfebasers on behalf of tlw. selves their' executors, adsinietrmters, successors and assigns and successors it title and owner or e.nere flee time to time of the lands described in Schedule "b" hereto. tern that they will unseat to aed sign all documents required for the image/en of the lands described in Schedule 'Pe in such a plan of subdivision_ 4. lei the Purchaser. agree en behalf of the..elfee their eeecutbre. adainistrates, successors and .nigns and secession in tit-la end owner. or ears free time to flea 1 p of the landa described in Schedule af" hereto that re g buildin permit shall be dated en no bailding shell be exacted upon the lands described in schema* sb" hereto until sanitary aewaamnia, together with all necessary eppertaeneee, duffiaiaric te eern the Seas described in Schedule "f" hereto, ham been ooaatructed AAA leer-ailed at She complete ahpensa of the Purchasers and to the specifications, directions end satisfaction Of the Director of We.idipal fence for the C11. tb) Were any Wee; is to he perfomad within the limits of any City street allowance the work way be petfeaed by the City. at the aspen... of the PtrSaaers. acid the Purcl.sea 'area to deposit with the City before building permit is issued, the whole Of the Cost, as estisatee.by the Ducton of lleeiaipei werki. of perfexmihnq the wort. Sr the actual neat M the vest, as determined by Cool Director of wunicipai Marko. Oeeeda She scant of the agnait, the purchasers chill pay the City' far any deficiency sad if the actual rust, ay so determined, is. lase than the .yunc Of ehe'deyosit. the City shell repay the Poe deem any minims, t 'd 9188 113WWUN 80 3NAV8d Ndtt:d 9HDd L 'ltr •d 9198' (c) Is the meat obit th.e is a City abutting the lands abet tart 3 on Ref shall pteit the P..nbuare to connect ender cats. (a) eke= thin pesa I. ea Ie wseice in a amen 8nl is the spcifi satisfaction of the eis.oems .f Meeidpl etieasy navearia in morale tee flan ea -1511. the City sanitary swarain regaled teas sill Cispr °Whiny nw.t.tie tieing. difecti.d end or the City, nourith- steeditq the afldtane. I If a op (1) font insets is foveae of the City abutting the said east i abe m an eases flee tf•205L. f. Slum Owner catmints to the registration this agxemant against the title of the lane dessiib.d in schedule Ile ettadaat bonso_ 1. All the tor, plidiniees and ei arm bcs contained in axis agtnm.nt .hall be binding epee the Omer and hla .teeters, administrators, eueow d eers a su nu lya, pe acasora in �itl. a se er owners from time to time of rho lc.las described in 0 .dine eha to this agxemant ad .very petty thereof sail that the b.n.Eit 1 the said tweets shall tee and pnblim land. adjac lI nt to or .betting tld the said lamas daaeb ee woonessarr In title of all reds, sd.Mnl. 'r and that W maid evened shell cooties in tere for s pciad of 00 rem* from the eate et this apse. ant. and the City 01 )ntIRIa I031101250r the tear and the Verelmesevileve emanated this agtaemet. SI®ED, SWAM Mb Ogravrasn I M. ieetle Serest N. Davie, Tristan of Dope P.11anship *outlet Church Leh Corr, trustee of Kara yel ]whip saptist Choral mab.et yhii.aae, Trneteo of Z. Psupatip iaetint chase V. A. Mester. Mete of dap Pallw.tip aapti*t CorS a. Tim COAPOa*TI09 C$ THE CC�pYy rte 113N AH do 3NAYdd 0(1 0;1 900E The City of Niagara Fall Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L-2005-26 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371 -2892 E -mail: kkelly @city.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Re: L- 2005 -26 Declare Surplus and Offer for Sale Part 1 on Reference Plan 59R -9460 Our File No.: 2005 -153 August 29, 2005 Karen Kelly City Solicitor 1. That Part 1 on Reference Plan 59R -9460 "subject lands attached as Appendix "1 being City-owned lands, be declared surplus and conveyed to the abutting owner, W.S. Walters Construction Limited "Walters for nominal consideration, and further that Walters pay for all costs associated with the conveyance. 2. That Walters provide The Corporation of the City of Niagara Falls "City") with an easement over the subject lands for the purpose of access to a catch basin lead. The City acquired the subject lands to fulfill a condition of subdivision approval for a temporary storm drainage facility. As there is now a catch basin and underground pipe to facilitate the transfer of water to Paddock Trail Drive, Walters is requesting the subject lands be conveyed to it for nominal consideration and has agreed to provide an easement over the subject lands to the City. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 2 L- 2005 -26 Staff has no objections to the request and concurs that the land sould be conveyed for nominal consideration with Walters paying all costs associated with the conveyance and transfer of an easement. Recommended by: Respectfully submitted: Karen I. Kelly City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services /lb Attach. T Ov olm MacDonald Chief Administrative Officer .R. mana Ne -ita ll MOM F; a R a I l ti e i $8 c): 1 1 1 110 I tolig L The City of Can Niagara Fall ad� His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls Members: RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted. BACKGROUND: Community Services Department MW-2005 -108 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 August 29, 2005 Re: MW- 2005 -108 Contract 2005 -03, Phase 2 2005 Asphalt Overlay Program Phase 2 The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, August 16, 2005 at 1:30 p.m. for the above noted contract. Tender documents were picked up by six (6) Contractors and five (5) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the five (5) Contractors. 1. Norjohn Limited (Thorold) 717,717.00 2. Rankin Construction (St. Catharines) 767,490.00 3. Circle P Paving (Stevensville) 777,752.50 4. Hard Rock Paving (Port Colborne) 842,570.00 5. Steed Evans Ltd (Thorold) 880,300.00 The lowest tender was received from Norjohn Limited in the amount of 717,717.00. 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 August 29, 2005 2 MW- 2005 -108 Financing: The Engineer's estimate for this contract was 750,000.00. Project Costs: Awarded Contract Funding: 2005 Capital Budget Roadways, Asphalt Overlay Account No. 12 -3- 310000 030000 "R24" 689,436.25 2005 City Operating Fund Cemeteries Grounds Maintenance Services Account No. 11-3-541000-040001 30,563.75 This project is scheduled to commence on September 19, 2005, and all work to be completed within 35 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: Gt� Mike DiPaola Project Manager Approved by Ed Duj T ic P.Eng Director of Municipal Works SAREPORTS\2005 Reports \MW -2005 -108 2005 Asphalt Overlays Phase 2,wpd 717,717.00 TOTAL 717,717.00 TOTAL 720,000.00 Respectfully submitted: tj John MacDonald Chief Administrative Officer The City of Niagara Fall Canada Corporate Services Department PD- 2005 -61 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 Members. Planning Analysis August 29, 2005 Re: PD- 2005 -61, City's Sidewalk Cafe Guidelines High Pedestrian Traffic Areas Within the City RECOMMENDATION: It is recommended that Council receive this report for information. BACKGROUND: The purpose of this report is to inform Council about the standards contained in the City's Sidewalk Cafe Guidelines. On May 16, 2005, Mr. Gino Stranges submitted an application to obtain a sidewalk cafe licence for Monticello Grille Wine Bar located at 5645 Victoria Avenue. The site plan submitted with the application proposed to maintain only 2.4 metres of sidewalk between the curb and the cafe. Based on a review of the site plan by City divisions, the location of the proposed sidewalk within the tourist core (a high pedestrian traffic area) staff recommended that 3.0 metres of unobstructed sidewalk be provided for clear and safe movement of pedestrians in accordance with the City's Guidelines. Mr. Stranges approached Council on July 25, 2005 and requested permission to maintain only 2.4 metres of sidewalk in front of his cafe as he felt his cafe was not located in a high pedestrian traffic area. Council approved his request and asked staff to prepare a report explaining the location of high pedestrian traffic areas. The City's Sidewalk Cafe Guidelines approved by Council recommends the maintenance of 3.0 metres of unobstructed sidewalk in high pedestrian traffic areas and 2.4 metres of unobstructed sidewalk in low pedestrian traffic areas. Victoria Avenue, Clifton Hill and certain parts ofFallsview Boulevard in the tourist core experience high pedestrian traffic and sidewalks in this area are heavily travelled. The City's Streetscape Master Plan and Urban Design Guidelines also identify the tourist core as a high pedestrian traffic area. The City's Municipal Works Division has recommended that 3.0 metres of unobstructed sidewalk should be maintained in the tourist core to ensure greater pedestrian safety. By comparison, areas such as the downtown (Queen Street) are viewed as low volume streets. Nevertheless, Council has the discretion of reducing the unobstructed sidewalk width if the sidewalk cafe is located on a sidewalk that does not have heavy pedestrian traffic. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 CONCLUSION: The tourist core is known as a high pedestrian traffic area within the City. Sidewalks within this area are travelled heavily during the peak tourist season. A such, sidewalk cafes should typically maintain 3 metres of unobstructed sidewalk in this location. Prepared by: Anamika Dilwaria Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services AD:gd S:WDR\2005\PD2005 -61, Sidewalk Cafe Guidelines -High Traffic Areas.wpd 2 PD- 2005 -61 Respectfully submitted: t er John MacDonald Chief Administrative Officer The City of Niagara Fall Canada His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: Council authorize staff to initiate proceedings to designate 6023 Culp Street as a designated property under Part IV of the Ontario Heritage Act. BACKGROUND: Corporate Services Department PD- 2005 -62 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 August 29, 2005 Re: PD- 2005 -62, Matters Arising from the Municipal Heritage Committee Meeting of July 27, 2005 The owners of 6023 Culp Street approached the Municipal Heritage Committee requesting that the property be designated under the Ontario Heritage Act. The property is contained in the City's inventory of Heritage Resource Properties. The Municipal Heritage Committee reviewed the detailed historical/architectural report written about the property (attached). It was agreed that the property should be designated by Council as in accordance with the owner's request. The following motion was made: "That Council direct staff to initiate proceedings to designate the property at 6023 Culp Street, known as the Orchard/Cadham House, under Part IV of the Ontario Heritage Act, based on the information in the historical /architectural report." Review of Significance John Allen Orchard was one of Drummondville's prominent 19 Century citizens. It is believed he built the house about 1850 and lived there until his death in 1896. His nephew Joseph Giddons Cadham inherited the house from his uncle and lived there with his family for many years. Joseph Cadham and his wife (Mary Willox) had one daughter who was born in 1901 and continued to live in the house until she died in 1988. John Orchard was the Stamford Township Clerk from 1869 to 1882, Reeve of the Township of Stamford from 1884 to 1887, then Clerk of the Division Court. In 1891 he was Treasurer of the Lundy's Lane Historical Society. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2005 2 PD- 2005 -62 Joseph Cadham was also prominent in the community as the Divisional County Clerk and was also Vice President of McGlasham Clarke Company Limited. His name also appears on many of the instruments recording property sales and mortgage negotiations in the Village ofNiagara Falls South. The house is a blend of two styles. Initially the house was a Classic Revival design that has been altered to include Queen Anne Revival details. Classical Revival features include the central door, narrow clapboard siding and fluted pilasters at the corners. The junction of the first and second storeys is defined by a slight flaring of the wall, creating a small overhang, seen in the Queen Anne style. The corner tower and broad verandah are also reminiscent of the Queen Anne Revival style. These features likely were added in the 1890s, along with the scalloped shingles to help create the look of a Queen Anne Revival style house. The window at the front of the house, to the left of the front door, has a round headed transom consistent with the period of alterations. Other features include removable storm windows in the porch, a tall brick chimney and decorative gable treatments. The property was rezoned for a bed and breakfast a couple of years ago and is currently used for that purpose. Once notice is given, a 30 -day appeal period is provided under the Ontario Heritage Act. A by -law to designate the property is then brought back to Council. CONCLUSION: The Municipal Heritage Committee is seeking the concurrence of City Council on this matter. Prepared by: P Peggy Boyle Assistant Planner Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services PB:gd Attach. S:\PDR\200SPD2005 -62, Matters Arising from MHC.wpd Respectfully submitted: ea John MacDonald Chief Administrative Officer Orchard Cadham House 6023 Culp Street Niagara Falls DESCRIPTION Current Owner: Tetrault, David Original Owner: John Allen Orchard Date of Construction: 1856 Legal Description: Part Lot 7 59R 8353 Part 1 Prepared by: Melanie Battell Date: October 22, 1997 20 kilograms per square metre. The purpose of the fence is to protect the rear yard amenity areas from noise, and the townhouse units abutting the northerly property line be constructed with central air conditioning and double glazed windows. In addition, Dorchester Road is an arterial road under the City's jurisdiction and as such is a potential noise source. The City should consider the need for fencing along Dorchester Road or other noise attenuation features. In conclusion, Regional Planning staff have no objection to the adoption of the proposed zoning application and the development of the townhouse complex. A copy of the comments of the Regional Public Works Department is attached. Yours truly, A David J. Farley Director of Planning Services Attachment c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. W. Stevens, Regional Public Works tw/ZBLA- Dorchester Frederica -NF 2 HISTORY -2- John Allen Orchard was a prominent member of the Drummondville and Stamford communities. He was born in England in 1815, and came to Canada in 1836, at the age of21, (Illustrated Historical Atlas of the Counties of Lincoln and Welland, 1876). He lived in Drummondville until his death in 1896. Records at the Land Registry Office in Welland show John Allan Orchard purchasing land along Culp Street, in 1844, from Margaret Cecilia Culp, Indenture No.2013 Book 412 Twp. Stamford (Brock University Special Collections), and again in 1856 from James Bowman. The descriptions of the quantity of land and its accurate location are difficult to follow as the land marks being used e.g. "a stone at a distance of 9 chains 88 links on a course North 86 degrees West of a stone monument" no longer exist. From the architectural style of the house and the fact that John Orchard was purchasing land along the street during the 1840's and 1850's, the house was probably built around 1850. Starting out from quite humble beginnings, John Orchard is described as a butcher in the 1844 Indenture, he goes on to become an auctioneer and general merchant (the 1862 Tremain Map) and by 1876 he is the Township Clerk and Clerk of the Division Court. John Orchard's innate intellectual and business skills appear to be well recognized and he proceeds to take on a number of leadership and stewardship roles in the small community of Drummondville. In 1870 John Orchard and James McGarry trustees of the Drummond Hill Burial Ground, purchase more land from the estate of Samuel Street so that the burial ground can be expanded. Their approach was egalitarian, specifying in the deed of sale that "said Burying ground not to belong exclusively to any particular denomination of Christian". Examples of his bipartisan approach in the community include his assistance to former fugitive slave, Oliver Parnell, providing him with work and a roof over his head when he first arrived in Drummondville. By 1876, John Orchard is the Township Clerk and Clerk of the Division Court. (Illustrated Historical Atlas of the Counties of Lincoln and Welland, 1876). In 1887/88 John A. Orchard was appointed as the fourth Commissioner for The Queen Victoria Niagara Falls Park. "The Queen Victoria Park Niagara Falls Park Act was passed April 23, 1887, and vested wide powers in the Commission "(Kiwanis Club Of Stamford, 1967) The other commissioners were Colonel Sir Casimir Growski, John Lanmuir and John G. MacDonald. John Orchard was the only local commissioner, the other three were from Toronto. His nephew Joseph Giddons Cadham was born in 1854 to Eliza A. Cadham and Thomas Cadham. He came to live with his uncle John Orchard, as a teenager,and inherited the house upon his death. Joseph Cadham married Mary Willox on October 20, 1897 in Niagara Falls. Joseph was 43 years old and Mary was 37 at the time of their marriage. They had one child Margaret Cadham bom in 1901. Records exist of a still born child, a daughter born the year before on April 10, 1899. Joseph G. Cadham became the Divisional County Clerk. In the 1922 Vernon directory J. G. Cadham is vice president of McGlasham- Clarke Company Limited. His name appears on many of the Instruments recording property sales and mortgage negotiations in the Village of Niagara Falls South. -3- A photograph of Margaret Cadham with Oliver Parnell can be found at the British Methodist Episcopalian Church (BME Church), see Figure 1. Oliver Parnell was a local resident who, donated the land on the comer of Peer Street and Grey Avenue where the BME Church is now located. Oliver Parnell escaped from slavery in 1855. With the help of the Underground Railroad he arrived in Drummondville from the United States. He is said to have lived and worked for John Orchard upon his arrival and later for his nephew Joseph Cadham. Margaret described Oliver as a "wonderfully kind man". The overalls that Mary is wearing in the photograph were especially made for her so she could look like her friend Oliver. Margaret Cadham inherited the house on Culp Street and continued to live there until her death in 1988. Margaret Cadham and Oliver Parnell Taken at Mr. English's Studio on Main Street, around 1904 Figure 1 Wilma Morrison from the BME Church, tells the story told to her by Margaret Cadham of how the photograph came to be taken. The day the photograph was taken Margaret Cadham was walking down Main Street with with Oliver when John Inglis (who lived at 6151 Culp Street who was working for her father Joseph Cadham, saw them and took them over to Mr. England's studio on Main Street. ARCHITECTURE The house represents a style in transition, initially a classically designed house, that has been altered. The central portion of the house has a medium pitched gable roof typical of the Classical Revival style. The present central gable may have been part of a front roof pediment that projected forward. The present gable has a complicated roof over what is now an enclosed second storey sun room. The corners of this room are supported by modified square fluted pilasters. -4- Ionic order, flat, attached pilasters are still evident at the comers of the house. The main shaft is fluted and the capitals have the spiral volute and eye. The veranda is supported by Doric order columns. The frieze is plain with a course of dentils above. The junction of the first and second stories is defined by a slight flaring of the facade and consequently a small overhang, reminiscent of the Tudor Revival style another variation of Queen Anne The house has many other features from the later Queen Anne Revival style, for example an offset tower and a broad verandah. The facade has more than one sheathing of several patterns. Decorative wood shingles have been used on the sides of the tower, in the gable peaks and on the second storey. -5- The exterior of the first floor is sided with clap board. The tower and veranda were probably added in the 1890's along with the upper storey veranda. These additions make both the roof and the house generally more complex in appearance and so help to create the look of a Queen Anne Revival Style house. The window at the front of the house to the left of the front door has a semi circular transom. This round arched opening is reminiscent of the Romanesque Revival Style, from 1890 to 1910. This maybe an addition from this period. The verandah has removable storm windows which date back to the 1900's. The chimney at the east side of the house passes through the peak of the house It is tall and made of brick. Where it extends through the peak of the roof, there is a triangular section of decorative sheathing, characteristic of the decorative Stick style. The extension at the rear of the house is a more recent addition. SIGNIFICANCE This house belonged to one of Drummondville's prominent 19 century citizens, John Allen Orchard. John Orchard played an significant role in the early development of Drummondville, as the Township Clerk from 1869 to 1882, Reeve of the Township of Stamford 1884 to 1887, then as Clerk of the Division Court. In 1891 he was treasure of Lundy's Lane Historical Society, (History of Stamford Township Hall 1874 1974). Joseph Giddon's Cadham, John Orchard's nephew inherited the house and lived here with his family for many years. Joseph Cadham was the Divisional County Clerk and played a significant role in the life of the Village of Niagara Falls South. This house has been very well maintained and presents a bright energetic facade to the street. The house adds much to the pleasant character of this neighbourhood and exhibits many characteristics of its 19`" century origins. -6- REFERENCES History of Stamford Township Hall 1874 -1974, 1977 Lundy's Lane Historical Society Niagara Falls Canada- A History, 1967 Kiwanis Club of Stamford Niagara Falls Local Architectural Conservation Advisory Committee (LACAC) Resource Manual (City of Niagara Falls Planning Department) Register of Births, Deaths and Marriages (City of Niagara Falls) Vernon Directories, 1906,1908, 1914, 1916 (Niagara Falls Public Library, Reference Department) The City of Niagara Fall Canada Members: Corporate Services Department His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @city.niagarafalls.on.ca August 29, 2005 Re: PD- 2005 -66, Niagara Falls Official Plan Upcoming General Updates and Modifications RECOMMENDATION: It is recommended that Council receive this report for information. BACKGROUND: PD- 2005 -66 Doug Darbyson Director Section 26(1) of the Ontario Planning Act requires that a public meeting be held at least once every five years to determine the need for revisions to the City's Official Plan. A public meeting for the general update of the Official Plan was last held in 2000. Since this time, several specific revisions have been made to the Official Plan including the tourist commercial policies, body -rub parlours and adult entertainment parlours, and testamentary devise lots. Other major revisions are underway for agriculture and environmental policies. A public meeting for the next five year review has been scheduled for October 3, 2005. In addition to the public meeting, staff will be submitting a report for Council review that includes a number of draft modifications and updates to the Official Plan. These modifications are based on recent changes in Provincial legislation including amendments to the Planning Act and the Heritage Act, technical updates (such as typographical errors, wording clarification and updates on road classifications and road allowance widths) and mapping updates. The public meeting will provide the public with an opportunity to submit comments on the Official Plan as well as the modifications to the Official Plan proposed by Planning staff prior to any Council decision. Prepay. by: Approved by: rancesca Berardi Planner 2 T. Ravenda Executive Director of Corporate Services Recommended by: Respectfully submitted: Doug Darbyson John MacDonald Director of Planning Development Chief Administrative Officer FB:gd S:V'DR\2005\PD2005 -66, Niagara Falls 01 Updates Modifications.wpd Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development The City of Can Niagara Fall a d� His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Community Services Department R-2005-31 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 August 29, 2005 Re: R- 2005 -31 Agreement with Tenants of the MacBain Community Centre RECOMMENDATION: That Council authorize the Mayor and City Clerk to act on behalf of the City in executing separate lease agreements between the City of Niagara Falls and the following organizations in the new MacBain Community Centre: Niagara Falls Public Library, YMCA of Niagara; United Way of Niagara Falls Niagara Falls Big Brothers and Big Sisters; Heart Niagara; Centre Court Cafe Inc. On March 3, 2003, City Council accepted the recommendations of the Steering Committee in Report R- 2003 -13 with respect to entering into a Memorandum of Understanding with the YMCA of Niagara and the Niagara Falls Public Library to develop a partnership agreement for the new MacBain Community Centre. The Steering Committee engaged Mr. Andy Henderson ofMcBurney, Durdan, Henderson and Corbett to represent the City in drafting the lease agreements with each of the partners. The lease agreements are reflective of the continuing spirit of co- operation between the partners and outline the rights, responsibilities and obligations of each of the partners in their lease agreement with the City. Each has been reviewed and approved by the respective Boards of the YMCA and the Niagara Falls Library. In September 2002, the Steering Committee placed advertisements in the Niagara Falls Review seeking Requests for Proposals (RFP's) from additional public and private organizations with an Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services August 29, 2005 R- 2005 -31 interest in providing services from the Centre. These included non profit community service organizations, private medical services and food services. The Steering Committee received several proposals and recommended the inclusion of the following groups in the new Centre: Heart Niagara Inc. Niagara Falls Big Brothers Big Sisters Centre Court Cafe Inc. It was recommended that each of these groups would also enter into the Centre as a tenant of the City (Community Centre Status Report December 2, 2002 R- 2002 -73). In February 2005, Council further approved the inclusion of the United Way as a tenant of the City in the MacBain Community Centre. The Steering Committee has engaged Mr. Henderson to prepare a lease agreement between each tenant and the City. The lease agreements reflect the rights, responsibilities and obligations of each tenant. Each agreement has been reviewed and signed by each tenant. Prepared b tephen Hamilton Community Development Co- ordinator Recommended b AseeKon Director of Parks, Recreation Culture SH/das Respectfully submitted: Its rJohn MacDonald Chief Administrative Officer S: \Council \Council 2005\R- 2005 -31 Agreement with MacBain Community Centre tenants.wpd