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2006/03/20 ~ ^ 'it . i', j' '.: '.'. :'.::::"',;:",~'i:"';;:";':.;:':.~:;mr;~:;~:;m;~l{!%l,':':\t'I;:,,:: ~,~ .~'.:> .,;,:.':';';:'.:':;:. . ,';"".~,:i:.i;',":::::;:""::";': i.:i', .....;':: '.:;'::. ";':.': ::'::',: .i,', .!,'::.. [','.:':',:"';',': :;:;;". '.. :~:', :j,~:,:" '.. :::'.".'::';':::': ':..: .....: ::, f i . ". COM'M"UdJ'J\Y'Se'RViICES 'OOMMITTEE/AGENDA ' . t,:rmH:;';,:C ':':'::1;'!Ek::";;;,'.'ig:;>;':~i;;iIE,,jlh::m~'::'\,U(:i'1,;:,:.:;h:::j:":'.;;'::'1~;!:::::;+,mBI-:i:"y;:;<!:n:::;<i:.:,>>b:~'..:m':<',i"";L:.,:;:"L:('.,:;,'.,...::'..F..'h.:;:.::>.:i::.... ", .....:' . ...........~.... ......,.i;,;.:,... .~. .'..: .~..ii.li.h,iy..:i2~.,;.. ...... .1'.... . ..... THIRD MEETING Monday, March 20, 2006 From 4:00 p.m. to 6:00 p.m. City Hall, Committee Room #2A & B 1) Approval of the 2006-02-20 Community Services Minutes. 2) PRESENTATION: Niagara Falls People Mover Project Presented by: Ed Lustig - Director People Mover Project David Schram, Urban & Environmental Management Doug Allingham & Paul Bumstead, Totten Sims Hubicki 3) REPORTS: STAFF CONTACT: a) MW-2006-25 - Ascot Circle Speed Review Ed Dujlovic b) BBS-2006-02- Canadian Niagara Hotels Inc. Pedestrian Walkway Ed Dujlovic c) PD-2006-28 - Canadian Niagara Hotels, History ofWaterpark and Pedestrian Walkway Ed Dujlovic 4) NEW BUSINESS: 5) ADJOURNMENT: ~ - - - MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, February 6, 2006, City Hall, Room 2 at 5:45 p.m. PRESENT: Chair - Alderman Pietrangelo, Mayor Ted Salei, Alderman Jim Diodati (5:25), Alderman Joyce Morocco, Alderman Vince Kerrio (5:30), Alderman Wayne Campbell. REGRETS: Tony Ravenda, Alderman Selina V olpatti, Alderman Janice Wing, Alderman Carolynn Ioannoni, Karen Kelly STAFF: John MacDonald. Ed Dujlovic, Ken Beaman, Denyse Morrissey, Pat Burke, Ken Burden, Dean Iorfida, Karl Dren Marianne Tikky - Steno PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review GUEST: Paul Hartman, 6714 Thorold Stone Road It ORDERED on the motion of Mayor Salei and seconded by Alderman Morocco that Alderman Pietrangelo chair the Community Services Committee meeting in Alderman V olpatti' s absence. Motion: Carried MINUTES It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Diodati, that the February 6,2006 minutes be approved as amended. (Alderman Kerrio had a conflict with report BDD-2006-02 as he is a member of Niagara Falls Tourism.) Motion: Carried Action: Recommendation submitted to Council 2006-02-06. REPORTS a) MW-2006-17 - Robinson Street - Speed and Heavy Vehicle Review It was ORDERED on the motion of Mayor Salei and seconded by Alderman Diodati that a "No Heavy Vehicle" restriction at all times be installed on Robinson Street between Main Street and Allendale Avenue. Motion: Carried Action: Recommendation submitted to Council 2006-02-20. b) MW-2006-18 - Confederation Avenue Parking Review It was ORDERED on the motion of Morocco and seconded by Mayor Salei that parking be prohibited at all times on the west side of Confederation Avenue between Thorold Stone Road and Crawford Street. Motion: Carried Action: Recommendation submitted to Council 2006-02-20. I. Minutes - CSC - March 20, 2006 -2- c) MW-2006-22 - Victoria Avenue @ Niagara River Parkway Intersection Temporary Traffic Signals and Drainage Issues The Director of Municipal Works advised Committee that the Niagara Parks Commission has requested a permanent traffic signal at the intersection of Victoria Avenue and Niagara River Parkway. It was ORDERED on the motion of Alderman Diodati and seconded by Mayor Salci that I. That staff be directed to proceed with the installation of permanent traffic signals at the intersection of Victoria Avenue and the Niagra River Parkway in cooperation with the Niagara Parks Commission, 2. and further that the ownership of the existing storm outlet for Victoria A venue be secured via an easement through Niagara Parks Commission lands. Motion: Carried Action: Recommendation submitted to Council 2006-02-20. d) MW-2006-23 - Space Needs City Hall It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Campbell that report MW-2006-23 be deferred. Motion: Carried Action: Recommendation submitted to Council 2006-02-20. NEW BUSINESS a) It was ORDERED on the motion of Alderman Kerrio and seconded by Mayor Salci that staff prepare a report on the site plan for the plaza on Thorold Stone Road and Confederation Avenue. Motion: Carried Action: Recommendation submitted to Council 2006-02-20. ADJOURNMENT It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Morocco that the regular meeting of the Community Services Committee be adjourned at 5:50 p.m. Community Services Department MW-2006-25 . Municipal Works Ed Dujlovlc The City of . ",,,,,""'..... Director . P.O. Box 1023 Niagara Falls Niagara Fells, ON L2E 6X5 Canada ~ web site: www.nlagarafalls.ca ..# .- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujloviC@niagarefalls.ca March 20, 2006 Alderman Selina Volpatti, Chairperson and Members ofthe Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-25 Ascot Cirele Speed Review RECOMMENDATION: It is recommended that a stop sign be installed at the intersection of Citation Road at Ascot 1/' (,).iJ Circle facing northbound motorists on Citation Road. 't ~<L+ sfu.-f( CJ>nctu.c-+ CA. s~ed.... (t,. ( on Ascof Cfrcle clW""j ~ SUYlIf"Il.d" months. BACKGROUND: Staff has been requested to review the speed of motorists travelling on Ascot Circle. The area of concern includes Ascot Circle between Sabine Drive (east intersection) and Citation Road. Also, staff was requested to review the intersection of Ascot Circle at Citation Road to determine whether additional intersection controls are required. Ascot Circle is a local roadway consisting of two travel lanes, one in each direction. Sidewalks are present on the south side of the roadway only, between Citation Road and a point 280 metres east of Citation Road. The width of the roadway is 8 metres and parking is permitted on both sides, except around the curve,just west of Sabine Drive (east int.), where it is restricted on the north side of the roadway. Staff has reviewed the speed of motorists travelling on the study section of Ascot Circle between the east and west intersections of Ascot Circle and Sabine Drive. The study revealed that the 85'" percentile speed obtained does not indicate a speeding problem. The speed which the majority of motorists travel at or below is 52 km/h, with an average speed of 47 km/h. The speed limit of the study section of Ascot Circle is 50 km/h. Typically a speed problem occurs when the 85'" percentile speed is in excess of 10 km/h over the legal speed limit of a particular roadway. The low speeds may be attributed to the presence of curves in the roadway, which force motorists to slow down prior to the curve, in order to be able to negotiate through it safely. Also, as mentioned above parking is permitted on Ascot Circle, and observations revealed motorists utilize on-street parking. As a result, the roadway width is slightly reduced making it Working Together to Serve Our Community Municipal Woms . Fire Services' Pams, Recreation & CuHure . Business Development. Building & By-Law Services I. " I. III March 20, 2006 -2 - MW-2006-25 uncomfortable for motorists to traverse at higher speeds which also causes a reduction in travelling speed. A collision review conducted on Ascot Circle between Preakness Street and Citation Road reveals that a collision problem does not exist as no collisions were reported in the previous three year period on the study section of the roadway. Based on this information no further action is necessary pertaining to this matter, at this time. Observations near the study location reveal, that currently, the intersection of Ascot Circle at Citation Road is uncontrolled. Therefore, it is recommended that a stop sign be installed at the intersection, facing northbound motorists on Citation Road. This intersection control will help to allocate the right-of-way to motorists travelling through the intersection by ensuring northbound vehicles permit motorists on Ascot Circle to proceed through the intersection first. Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: R_lful1Y:~ ~ Karl Dren, C.E.T. John MacDonald Manager of Traffic & Parking Services Chief Administrative Officer ;:;/L-- Ed Dujlovic, P.Eng. Director of Municipal Work Bart SkibaS:\TPS\TPS 1.00 Administration\TPS 1.06 Reports\2006 Community Services\03 Mar 20\MW-2006-25 Ascot Circle.Speed Review.wpd ..L I "'0 ~ EPSON CT. n tJ ~ ...... "'0 0 t'""''''O ~~ ;: 0 n 08 ~ rA ~ 2>0 '" _. ~ ..., ..., ~.o q~ ...... ~ ..., 0'" -.-' 0 ~ KENTUCKY 0:::S :;l(1) ::t.CJQ Z 0. ~ rA 0"'0 El ...... ~ el t'""' .g ;.;- tJ CT. rA S' (0 -. ()q ~ z~ ~ 0 i-....... ~~ TARA AVE. ro~ ~= Z ... f ~ III "'l III P ARKVIEW ::r- ~~ N CRES. .0 ~== ."-1 N ..., 0 0 0 ~ 0\ .w> (1) '" >"rj (1) 0 ..... 0.0 ~ ...... ~n ~ SOU'f\l'.J1BW < ==;" -'0 "'O~ ASCOT CIR. p8B. ~ (D ~~ CO ~ Z~ WINDGATE DR rA C"l=a ;.;- rA> _. CT t!'jt"' Pl ~~ MONTROSE RD. ~~ rArA .- - ,. - -,r--- Community Services Department BBS-2006-02 Building & By-Law Services John Castrilli, CET, CBCO 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) 374-7500 E-mail: jcastrilli@city.niagarafalls.on.ca March 20, 2006 Alderman Selina V olpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: BBS-2006-02 Canadian Niagara Hotels Inc. Pedestrian Walkway between the Atlantis Waterpark and The Skyline Inn 4800 Bender Street RECOMMENDATION: That this report be received for the information of Council. BACKGROUND: At the Council meeting of Monday, March 06, 2006 Council deferred report number PD-2006-19 a Zoning By-law Amendment Application AM-03/06, 4608 and 4800 Bender Street and 4915 Clifton Hill; Applicants: Canadian Niagara Hotels, Maple Leaf Entertainment Inc., 1032514 Ontario Ltd., and 1006092 Ontario Ltd. Modifications to a previously approved Waterpark and enclosed Pedestrian Bridge. The history of a waterpark use on the Canadian Niagara Hotel site goes back to 2003. In June 2003, City Council approved a rezoning application for increased height to permit an indoor waterpark on top the conference facility behind the Sheraton-on-the-Falls Hotel. Although the zoning was approved the owner did not pursue construction of that facility because his plans shifted the proposed waterpark to the top of the existing parking garage behind the Brock Plaza Hotel. Accordingly, City Council approved a zoning amendment application (AM-05/2005) in May 2005 to permit an increased height for the existing parking garage to allow a waterpark to be erected on top of that structure. That application also provided for overhead pedestrian walkway connections between the planned waterpark and the Sheraton Hotel, the Brock Hotel and the Skyline Inn. Construction of the waterpark began in 2005. Early in 2006, the owner submitted the Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services .~ ------ -2- BBS-2006'()2 current application (AM-03/2006) to amend the zoning provisions for the elevated pedestrian walkway between the Skyline Inn and the Waterpark to be higher than the 2005 by-law allowed and in a more northerly location. The rezoning application also provides for some by-law modifications to aIlow for snow shields to be erected around the perimeter waterpark and parking garage. The erection of a portion of the proposed link had commenced prior to Councils' approval of the above noted amendment. Council requested that staff prepare a report from Building and By-law Services on the history of non-compliant building permits as foIlows: As Council is aware a building permit application cannot be received for process and issuance prior to having obtained all approvals. In this case a building permit application has not been received as acceptance of an application is contingent upon having obtained the above noted approval. Accordingly a building official is not appointed to a file until after a permit is issued. . it is noted that the interconnecting walkway was constructed off site and delivered in 4 or 5 sections sometime in late February . Building Division staff determined that a portion of the link was erected between March 1,2006 and March 3, 2006 . on Friday, March 3, 2006 at 2:15 pm building staff prepared an Order to Comply 2006- 39-C which was served on the owner Monday, March 06, 2006. It is important to note that some dialogue had taken place between the owners Architect and Building Division staff that the order was forthcoming and further advising that construction should cease immediately . on Tuesday, March 7, 2006 a Stop Work Order was issued and served on the owner of the property . to date no further construction has taken place (update prior to Council meeting March 20, 2006) . Legal action is pending . permit fee will be doubled at time of issuance (to be calculated when application is received) -'h.~"''''0rii1j ,'b'0""",,",!,,~~ !;gi"ll\!i'#,Y"'-' ,.:u. - ---:If .,'~ 'e'~ ',.,..,. ,,;..:11 ,..~~ "~.'... .i~'.__.:: .'", .. .~.,,,....- .''''''.<.~''',~''. ..~"'-'" ,,- -,'>.... '.~ -;" ""~~3 .,.... ...,....',.;11, ';"'~""-- .. .'" '.}t;,.~"'. "",r. ~-'.'"'~''' I .". i .""". " I' -"".' '. :::. ;:f~ ..~ ,\ ;"""""",-- \1 \ .~~~.., \'\ ,... ,. i~....~ \j , I J ; f)~-'lOoc.. -02 / -~ -3- 885-2006-02 CONCLUSION: Enforcement methods used to verify compliance with the Building Code Act and the Ontario Building Code may differ slightly from one municipality to another. The Act provides all building officials with the legal tools necessary to resolve most situations. The manner and frequency of their use depends on many factors (ie municipal policy, track record of the builder/developer/owner, past practice, unsuccessful verbal persuasion, etc) The City's policy on building without a permit is "zero tolerance". In this case once the Building Division became aware that construction had commenced verbal communication with the developer was initiated and we were successful in stopping any further construction. An Order to Comply and a Stop Work Order were posted in a timely fashion. spectfully submitted: . /1Zih{ 0 trilli John MacDonald . ector of Building & By-Law Services Chief Administrative Officer JC/mp Attach L Photo - constructed section of walkway Corporate Services Department PD.2006-28 Planning & Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca .- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: plann ing@niagarafalls.ca March 20, 2006 Alderman Selina V olpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: PD-2006-28, Canadian Niagara Hotels History of Water park and Pedestrian Walkways RECOMMENDATION: It is recommended that Council receive this report for information purposes. BACKGROUND: At the March 6, 2006 Council Meeting, City Council held a Public Meeting to consider Zoning Amendment Application AM -03/2006 to change the zoning provisions for a pedestrian walkway between the Skyline Inn and the waterpark on the lands of Canadian Niagara Hotels, et ai, and to add additional provisions for the waterpark structure. At the close of the Public Meeting, City Council deferred its decision pending additional information from staff (see Building & By-law Services Report BBS-2006-02). Since that time, additional information has been requested by Alderman Carolynn Ioannoni. This report responds to specific questions raised by the Alderman. Overview: In overview, the history of a waterpark use on the Canadian Niagara Hotel site goes back to 2003 when City Council approved a zoning application for increased height to permit an indoor waterpark on top the conference facility behind the Sheraton-on-the-Falls Hotel. In May 2005, the owner obtained Council approval of a zoning amendment application (AM-OS/200S) to allow an increased height of the parking garage to allow the waterpark to be erected on top of that structure. That application also provided for overhead pedestrian walkway connections between the planned waterpark and the Sheraton Hotel, the Brock Hotel and the Skyline Inn. Construction of the waterpark began in 2005. Early in 2006, the owner submitted the current application (AM- 03/2006) to amend the zoning provisions for the elevated pedestrian walkway between the Skyline Inn and the waterpark to be higher than the 2005 by-law allowed and in a more northerly location. The rezoning application also provides for some by-law modifications to allow for snow shields to be erected around the perimeter waterpark and parking garage. Working Together to Serve Our Community Clerks . Finance . Human Resources . Information Systems . Legal . Planning & Development ----~---~_._.._-....,.-y-- ----- March 20, 2006 -2- PD-2006-28 Questions: 1) Was a building permit issued for the parking garage in 1996, since even the Casino must abide by the building code, and when was it issued if it was? This question has been answered in report BBS-2006-02. 2) Why is there no site plan agreement signed and registered for the parking garage? The parking garage was constructed to provide parking for the interim casino and to provide parking for the facilities associated with Canadian Niagara Hotels which was displaced by the parking structure. The City pursued a Site Plan Agreement submitting the final version dated November 29, 1996, however, the representatives claimed "Crown Immunity" stating that the Province of Ontario was not bound by the requirements of the local municipality. The Province and its agents did abide by the safety and servicing standards which normally would be part of a Site Plan Agreement. 3) Was site plan approval obtained for the waterpark? Was there one even prepared or signed and if not, why? A Site Plan Agreement was not obtained for the waterpark for the following reasons. . The Planning Act requires that "development" must substantially increase the usability and size of a building or structure. The waterpark is an ancillary hotel amenity to be used by the hotel guests. The construction of this ancillary use would not have increased the usability of the site and would not generate anymore traffic or a need for additional parking. . The waterpark is erected on top of the parking garage. Given that there is no increase to the size of the building footprint, there would be nothing gained by requiring site plan approval. . Section 41 of the Planning Act lists matters which can be regulated through Site Plan Control. Erection of the waterpark on top of the parking garage did not affect matters typically covered under site planning; for instance, landscaping, parking, access ramps and stormwater management were not being impacted. Road widenings were not required. Loading and waste facilities are located behind the Brock Plaza and there were no changes to these. The pillars supporting the walkway did not affect the functions of the site. A large on-site sanitary pipe required to accommodate the waterpark was handled through a sewer permit. . The site plan agreement for the new Rainbow Tower Hotel (AM-03/2005) will be tied to the parking garage as the required parking for the planned hotel is to be provided in the parking structure. Ultimately, the parking garage will be recognized as part of a comprehensive site plan agreement. March 20, 2006 -3. PD-2006-28 4) When the zoning by-law for the waterpark was obtained, was section 37 considered to be applicable? Why/why not? Section 37 Agreements are used by the City to secure streetscape improvements for buildings erected greater than 4 storeys and up to 30 storeys in height. It was recognized that the parking garage already exceeded 4 storeys and that certain streetscape improvements along Falls Avenue had been made by the owner. Further, the City was processing the rezoning application for the waterpark at the same time as the application for the 59-storey Rainbow Tower Hotel. A Section 37 Agreement has been drafted for the Rainbow Tower which contains clauses to address the streetscape contribution, in accordance with the Streetscape Master Plan, for the entirety ofF ails A venue from Bender Street to Clifton Hill. The contribution will be obtained through said agreement which is currently being reviewed by the owner's solicitor. 5) Who served on the APR panel for the waterpark zoning application approval? Could you please provide me a copy of that report? Did it follow IBI's 7 principles and did it address section 37? The Official Plan policies require that a report be obtained from the Architectural Peer Review Panel for any building over 10 storeys. Technically, the parking garage and waterpark have less than 10 storeys in total. However, to safeguard the design control interests ofthe City, staff requested that the owner submit an Architectural Peer Review Report. The report was prepared by Trevor Garwood-Jones with Jamie Douglas (City Landscape Architect) sitting on the panel. The seven (7) principles of the Tourism Policy Review - Implementation Handbook were covered by the comments contained in the APR report. CONCLUSION: This information is provided at the request of the Alderman. The information is provided in the form of a report as a courtesy to all members of Council. It is hoped that this background information will allow City Council sufficient information to complete the processing of the zoning amendment application subject of AM-03!2006. Prepared by: APProvU A~~~~ ~om, (?~ Alex Herlovitch Deputy Director of Planning & Development Executive Director of Corporate Services Recommended by: ~'fu~~;:1i1 ~n-- Doug Darbyson IJohn MacDonald Director of Planning & Development Chief Administrative Officer AH:tc S:\PDR\2006\PD2006-28, CNH, History of Waterpark and Ped Walkways.wpd I. Community Services Department BOO-2006-04 Business Development Serge Felicetti 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: sfellcetti@niagarafalls.ca March 20, 2006 Alderman Selina Volpatti & Members of Community Services City of Niagara Falls, Ontario Members: Re: BDD-2006-04 Ministry of Tourism and Canadian Tourism Commission Sponsorship Funding LIVE with Regis and Kelly Production RECOMMENDATION: I. That Council authorize staff to prepare the appropriate by-law to enter into an agreement with the Ministry of Tourism to receive sponsorship funding in the amount of$125,000 towards the production of the LIVE with Regis and Kelly Show. 2. That Council authorize staff to prepare the appropriate by-law to enter into an Agreement with the Canadian Tourism Commission (CTC) to receive sponsorship funding in the amount of $100,000 for the production of the Live with Regis and Kelly Show. BACKGROUND: Staff has secured the financial support of the Ministry of Tourism (MTR) and the Canadian Tourism Commission (CTC) towards the production of the LIVE with Regis and Kelly remote broadcast taking place in Niagara Falls this May. The MTR and CTC join the City, Niagara Parks Commission, and the Niagara Fallsview Casino Resort in providing the core funds for this event. The Province will be providing $125,000 towards the event with the CTC providing $100,000 and Both MTR and CTC have requested the City enter into Grant Agreements that identifY the funds will be specifically used toward the production of the LIVE show in Niagara Falls. The remote will be broadcast across the United States on Monday, May 22, 2006 and Tuesday, May 23,2006 from Oakes Garden Theatre. It is estimated the media exposure the destination will receive, along with the substantial advertising and promotional support, will be in excess of$3 to $4 million in the U.S. marketplace. Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services --_._~._--- .-.....-- ---"_.- March 20, 2006 - 2- BOO-2006-04 The cost to produce the event in Niagara Falls, from May 17 to May 23, 2006, is approximately $650,000. Along with MTR and CTC, financial support and contributions from the other partners are as follows: City of Niagara Falls $150,000 (OPG Funds) Niagara Parks Commission $100,000 plus up to $ 50,000 services in-kind Niagara Fallsview Casino Resort $75,000 plus $75,000 services in-kind Canadian Niagara Hotels Services in-kind Other Tourism Stakeholders Services in-kind CONCLUSION: Staff respectfully request Council's concurrence of the recommendations. and Recommended by: Respectfully s~ fnM Serge Felicetti 000 MacDonald Director of Business Development Chief Administrative Officer SF:lb S:\Council Reports\2006 Reports\BDD-2006-04 - MTR Sponsorship.wpd