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2006/10/30COUNCIL MEETING Monday, October 30, 2006 Order of Business and Agenda Package COUNCIL MEETING October 30, 2006 PRAYER: Alderman Victor Pietrangelo ADOPTION OF MINUTES: Council Minutes of October 16, 2006 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS /DEPUTATIONS Niagara Falls Red Raiders Major Midget Boys Basketball Team Mayor Salci will present plaques to the Niagara Falls Red Raiders Major Midget Boys Basketball Team members who had recently captured the Division 3 Provincial Championships. Ontario Cup Champions Under 17 Boys Soccer Team Mayor Salci will present plaques to the Niagara Falls team members of the Ontario Cup Under 17 Boys Soccer Champions, Michael Vitaterna, David Canavan, Philip Riley and Marco Campisano. World Masters Track Cycling Champion Mayor Salci will present a plaque to Gord Singleton, winner of the World Masters Track Cycling Champion. Small Business Month -AND- In celebration of Small Business Month, Mayor Salci will recognize the following businesses on the occasion of their anniversaries: Lococo's Fruit Vegetables, 100 years Niagara Sheet Metal, 60 years. Background Material: Recommendation Report: PD- 2006 -92 REPORTS Legal Matter Public Meetings 1. Chief Administrative Officer L- 2006 -43 Downtown Community Improvement Plan Property Acquisition and Disposition Plan NOTE: This report is under separate cover. 2. Chief Administrative Officer L- 2006 -36 Permanently Close Portion of Grassy Brook Road and Portion of Crowland Avenue Our File No. Background Material: Correspondence from Acting City Clerk Barbara Gallaccio, City of Welland PLANNING MATTERS Public Meeting Zoning By -law Amendment Appplication, AM- 35/2003 6361 Fallsview Boulevard, 6408 Stanley Avenue and Associated Off -Site Lands, Applicants: 876891 Ontario Ltd., 1140464 Ontario Inc and 1229142 Ontario Inc Agent: Ed Lustig, Broderick Partners, :Modifications to Proposed Expansion to the Hilton Hotel.. Correspondence from the Region's Planning Development Dept. Correspondence from Richard Murri Correspondence from George Yerich Jr., Skylon Tower Public Meeting Zoning By -law Amendment Application, AM- 33/2006 4037 Longhurst Avenue Appplicant: Niagara Support, Agent: Naomi Furmsten, Martin Sheppard and Fraser' Proposed Community Building Background Material: Recommendation Report: PD- 2006 -91 -AND- Correspondence from the Region's Planning Development Public Meeting Recommendation Report, Edgewood Estates Draft Plan of Subdivision 26T -11- 2006 -01 Revised) Zoning By -law Amendment Application AM- 25/2006 Owner: 1473944 Ontario Limited Background Material: Recommendation Report: PD- 2006 -93 -AND- 3 N D- -3- Correspondence from the Niagara Peninsula Conservation Authority Correspondence from the Region's Planning Development Public Works Dept. Correspondence from Jean Grandoni MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Downtown Niagara Falls Board of Management request that City Council ratify the appointment of Ulrike Gross to the Downtown Board of Management RECOMMENDATION: For the Approval of Council 2. Niagara Falls Optimists- request that Council proclaim the week of November 19 -25, 2006 as Youth Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval ,of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF "IN CAMERA" ACTIONS 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 BEONSIDERED SEPARATELY. L- 2006 -42 Ascot Woods Ltd. Conveyance to the City Part .6 on Reference Plan 59R- 7160 and Part Block A on Plan M -78. L- 2006 -40 Niagara Falls Hydro Holding Corporation, Niagara Falls Hydro Inc., Niagara Falls Hydro Services Inc. Annual Resolutions MW -2006 -127 Development Charges By -law Amendment Consulting Engagement MW- 2006 -114 Grassy Brook WestArea Watermain Contract 2006 160 -05 (HANDOUT) MW- 2006 -123 Grassy Brook West Area Watermain /Sanitary Sewer Inspection Consultant Agreement MW- 2006 -129 High Pressure Sewer Contract 2006 -101 MW- 2006 -133 City Facilities Energy Conservation. Feasability Study FS- 2006 -10 Resuscitation Outcomes Consortium (ROC) Study BY LAW FOR SALE OF LANDS His Worship Mayor Salci will request whether there is anyone present that has an interest in the lands being sold. 2006 -194 The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -195 A by -law to authorize the execution of a Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision. 2006 -196 A by -law to amend By -law No. 2002-81, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2006 -197 A by -law to authorize the execution of an Offer to Purchase from Arduino Pizzicarola respecting the purchase of lands, being Part Lot 1 Plan 264 Village of Chippawa; in the City of Niagara Falls, in the Regional Municipality of Niagara. BY -LAWS A by -law to authorize the execution of a Transfer /Deed from Ascot Woods Ltd. to The Corporation of the City of Niagara Falls respecting the conveyance of lands, being Part 6 on Reference Plan 59R -7160 and Part Block A Plan M -78; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2006 -201 6 2006 -198 A by -law to establish a Compliance Audit Committee, as per the Municipal Elections Act, 1996, as amended. s 2006 -199 A by -law to provide for hours of voting on election day and reduced hours of voting in institutions and retirement homes. 2006 -200 A by -law to authorize the execution of an Assignment of Purchase and Sale between 1473944 Ontario Limited and Peter M. Aleo and Angie Aleo to The Corporation of the City of Niagara Falls, respecting a portion of easement lands. A by -law to authorize the execution of an Agreement with 3C North America Corporation, respecting the supply of credit card transaction processing services to the City. 2006 -202 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30 day of October, 2006. NEW BUSINESS Community Services Department Parks, Recreation Culture Inter Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: The Niagara Falls Red Raiders Major Midget Boys Basketball Team Division 3 Provincial Champions Awards at Council Monday, October 30, 2006 Earlier this year, the Niagara Falls Red Raiders Major Midget Boys Basketball Team upset both the Number 1 and Number 2 favourites at the Division 3 Ontario Basketball Association Championships. They also beat out the 2005 Championship Guelph Team. The competition was tough, but the Red Raiders Team rose to the occasion. Playing an excellent defensive game, the Red Raiders went 5 and 1. In the final game against Guelph, with a close score and only 30 seconds remaining, the Red Raiders scored and allowed no other attempt by Guelph. Coach Paul They stated that "the boys really came together as a team and the icing on the cake was that Justin Boutilier was named MVP of the tournament The team is coached by Paul Ibey, and assistant coach Tim Stockton. Team Members: Justin Boutilier Robb Caporicci Kurtis Casucci Jason Diston Sean Haldorson Filip Hrga Cody Rempel Giananthony Rizzo Peter Todd AG. FALLS CLERKS 1 6 1018 11= i4e City of Niagara Fa Ccxnc�da .0 0111111 .11.0 1. DATE: October 16, 2006 Team contacts: Paul Ibey 905- 354 -9853; Guy Caporicci 905- 354 -1989; Ken Todd 905- 688 -5601 x1500 Cathy, please prepare plaques to honour the team members for the October 30, 2006 Council meeting. Thank you. cc. Dean Iorfida, Steve Hamilton, Denyse Morrissey S:Wwards\2006 \NF Red Raiders Major Midget Boys Basketball Team Provincial Championship 2006.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By-Law Services Community Services Department Parks, Recreation Culture Inter- Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 r NM. LS CLERKS '06F 10 1 ~`�ity of Niagara Fail Conoda ,fir, DATE: October 5, 2006 RE: Awards At Council October 30, 2006 St. Catharines Concord Gunners Ontario Cup Champions Under 17 Boys Soccer Team Niagara Falls team members: Michael Vitaterna, David Canavan, Philip Riley, Marco Campisano On Saturday, September 16, 2006, at the Ontario Soccer Centre in Vaughan, Mississauga, the St. Catharines Concord Gunner Boys Under 17 Soccer Team beat out the Province's number one ranked team the Mississauga Dixie 89'ers to win the Boys Under 17 Tier 1 Ontario Cup. The Mississauga Team had placed second in the Nationals last year. In the Championship game, the St. Catharines Gunners, ranking fourth in Ontario, took on the Mississauga Dixies 89'ers, who had placed second in the Nationals last year. The St. Catharines team played a strong first half, scoring two goals. The team's first goal was scored by striker Travis Berry. Timmy Ashcraft's corner kick was converted into the Gunners second goal by striker Daniel Niskic. Gunners' Goalie Philip Riley of Niagara Falls shut -out the number one rated team in Ontario in the first half. In the second half, Mississauga played an exceptional strong second half and they were rewarded with two unanswered goals to tie the game, which lead to two 15 minute over time periods being played under nerve racking suspense with neither team able to break the tie. After a short break both goalies took to their positions for a penalty kick showdown. Each team scored three out of five attempts with both teams goalies making spectacular saves to send the game into sudden death penalty kicks. On the first sudden death penalty kick, Philip Riley made a fabulous stop against Mississauga, and Brandon McGregor stepped up with the game on the line and calmly scored the game winner awarding the St. Catharines Concord Gunners the 2006 Ontario Cup U17 Boys Tier 1 Championship game. The St. Catharines Gunners will be competing in the 2006 Mid Atlantic Premier Soccer Mid- Atlantic Soccer Showcase League (MAPS MSSL) Winter Showcase in New Jersey, where these young men will be playing for scouts and coaches across the United States. ...2/ Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Congratulations to Niagara Falls Ambassadors: Philip Riley Goalie David Canavan, Defense Marc Campisano, Mid -Field Michael Vitaterna, Striker -2- The Niagara Falls boys also play soccer for their high school soccer teams. Michael Vitaterna, David Canavan and Philip Riley play for the Saint. Paul Senior Soccer team. They were moved up from the Junior team to be part of the Ontario School Soccer Champions in 2005. Marco Campisano plays for A.N. Myer. Previously, all four boys played for Niagara Falls, and then moved to the highest level of soccer to be part of this winning Regional team. Players are from Niagara Falls, St. Catharines, Brantford, Stoney Creek, and Niagara -on- the -Lake. cc. Dean Iorfida, Denyse Morrissey, Steve Hamilton S:1Awards120061NF players St Cath Concord U17 Soccer Team Provincial Champs Oct 2006.wpd Community Services Department Parks, Recreation Culture Inter- Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: Gord Singleton World Masters Track Cycling Champion Awards At Council October 30, 2006 The City of Niagara Falls C.anadq ...rril DATE: October 5, 2006 In a never ending career, Gord Singleton has hit another incredible milestone: the 50 year old from Niagara Falls has won another world championship. On September 14, 2006, twenty four years after winning his first world track title, Gord Singleton won gold in the sprint final for men 50 -54 years old at the UCI World Masters Championships in Manchester, England. The Championship was Singleton's, after beating Richard Voss of the United States and Steve Cronshaw of Great Britain in the 1,000 metre final. Only the last 200 metre stretch is timed in the sprint event, and Singleton's time of 12.689 seconds meant he hit speeds of well over 60 km/hr. This is Gord's fourth world title, coming 24 years after his first. Gord began his cycling career in 1975 and since then, has achieved great recognition. Gord has been awarded with seven world championship medals, four of which are gold medals: one in 1982, two in 1998, and one in 2006. Gord was a member of the Canadian Olympic Team for the 1976 Games in Montreal, where he placed ninth. Following this, he began preparing for the 1980 Olympics in Moscow. Gord became Canada's greatest track cyclist, winning 10 gold medals at the National championships from 1976 to 1980. His dream of competing in the 1980 Olympics were shattered when the games were boycotted by a number of countries, including Canada. Following this disappointment, in October 1980, Gord traveled to Mexico and there he broke and set three world records all in the same day. This achievement put Canada on the map of international cycling. In 1982, Gord captured the World Cycling Championship and was the first Canadian ever to do so, bringing recognition to Canadian cycling and Niagara Falls. In 1986, Gord was presented with the Prestigious Order of Canada Award. For 16 years, after winning the World Cycling Championship in 1982, Gord stopped competing and just rode for the fun of it. However, cycling stayed in his blood. Although he was busy with his family and his business, he still rode every day. .../2 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services -2- In 1998, Gord got the urge to race and compete again and went to the World Masters Championships in England and came home with two gold medals. At that time, Gord's two sons were able to see him race, making the win even more sweeter. In 2004, at the City's Centennial Celebration, Gord was honoured as The Review "Athlete of the Century". Now, eight years after his World Master Championship in 1998, at the age of 50, Gord has won another World Master Championship on the same track where he won double gold. Gord was awarded with a gold medal in the 1,000- metre sprint. We are very proud to honour Gord Singleton. cc. Dean Iorfida, Denyse Morrissey, Steve Hamilton S:1Awards120061Gord Singleton World Masters Track Cycling Championship Oct 2006. Teresa Fabbro Fwd: October Small Business Month 3&`" rr. 92zas5+ QF�r�rN '✓•'4�m*r..`:q:A.�rKA»wvzyaa. pm:L.ovu»:x ,�af�w� y- :a�ve'iiYNe.'N>m„rKAxran `ryzSm >`»NR' R%�:d�°�'3' From: Dean lorfida To: Teresa Fabbro Date: 9/27/2006 1:42:15 PM Subject: Fwd: October Small Business Month Laurie Bitner 9/27/2006 12:20:28 PM Hi Dean: Re: October Small Business Month Just a reminder that October is small business month and the Mayor with Business Development would like to recognize businesses in Niagara Falls that are celebrating an anniversary this year during council this coming month. Let us know if October 16 or 30 would be best. We currently have a small list i.e. Niagara Sheet Metal, Lococco's, Laurie Laurie Corporate Services Department L- 2006 -43 The City of Legal Services Niagara Falls 4310 Queen Street Canada 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 Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: October 30, 2006 Re: L- 2006 -43 Downtown Community Improvement Plan Property Acquisition and Disposition Plan Our File Nos. 2006 -75 and 2006 -89 Karen I. Kelly City Solicitor 1. That with respect to Scenario 1 Council receive the within information and direct Staff whether or not to proceed to negotiate the sale of City owned property to Mr. Lichtman as a term of a Memorandum of Understanding. In the event that Council supports such a sale, that it further provide to Staff direction on the specific questions outlined under Scenario 1 of this Report. 2. That with respect to Scenarios 2 and 3 Council receive the within information and direct Staff to return these matters to it for further consideration, upon the completion of the outstanding Environmental Assessment Studies related to the Gateways and Parking Structure. 3. That with respect to Scenario 4 Council receive the within information and direct Staff to return these matters to it for further consideration upon the completion of: (1) the outstanding environmental assessment studies related to the Gateways and Parking Structure; (2) a Business Plan; (3) due diligence related to the entity and principals with which the City would Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 30, 2006 2 L- 2006 -43 be executing a Memorandum of Understanding; and (4) the resolution of all outstanding issues related to the Memorandum of Understanding. BACKGROUND: 1. CIP, SIP and Council Direction(s) /Resolutions: The Downtown Community Improvement Plan "CIP was adopted by Council on December 6, 2004 and approved by the Ministry of Municipal Affairs and Housing on March 11, 2005. On February 20, 2006 Council approved a Resolution that reaffirmed the merits, findings, commitments and goals set forth in the Downtown -CIP and which directed Staff to: (1) develop a protocol to enter into negotiations with potential redevelopment partners and investors who have, or may, present themselves; (2) obtain Council input throughout the process; and (3) be aware that no negotiation of Staff, on behalf of the City, shall be final or binding unless approved by Council. On April 24, 2006 Council: (1) approved a Protocol for Entering into Negotiations with Potential Downtown Redevelopment Partners and Investors; (2) approved the provision of a Letter of Intent to Mr. Lichtman and his group; (3) directed Staff to perform due diligence on Mr. Lichtman and his group; and (4) directed Staff to negotiate a Memorandum of Understanding "MOU with Mr. Lichtman and his group, subject to Council's final approval. On April 27, 2006 a Letter of Intent was provided to Mr. Lichtman identifying that it was the City's intention to: (1) negotiate a mutually acceptable MOU; (2) accelerate its implementation of the CIP to the fullest extent possible, with his assistance; (3) work with him in order to fully understand his plan for implementing the CIP; and (4) ensure that all due diligence was discharged. The Strategic Implementation Plan "SIP was adopted by Council on May 8, 2006 October 30, 2006 3 L- 2006 -43 providing detailed instructions for realizing the policies set out in the CIP. On May 8, 2006 Council also passed Resolutions that directed Staff to take steps to move the CIP and SIP forward which included preparing a land use and property acquisition plan. On May 29, 2006 Council approved amendments to the 2006 General Purposes Budget related to the Downtown Revitalization. On June 26, 2006 Council directed that Staff defer its request for a copy of the Gibbs Report until after an Executive Summary is received and reviewed by Staff. On August 26, 2006 Council directed Staff to.obtain an independent marketing study and business plan regarding the Downtown. The above Resolutions have been attached to this Report and are collectively shown as Attachment "1" to this Report. 2. The Process Engaged in by Staff: Subsequent to all of the above, Staff proceeded to engage in discussions with Mr. Lichtman with respect to: (1) the negotiation of a MOU (which is the subject matter of a related report); (2) understanding his plan for implementation of the CIP; and (3) As a result of those discussions, a number of property acquisition and disposition scenarios were identified to staff by Mr. Lichtman. This Report outlines the four basic land acquisition and disposition scenarios that have been identified; provides information gathered by staff with respect to the current ownership status and values of affected properties; identifies concerns and /or consequences that may flow from pursuing each scenario; and seeks Council's direction with respect to how it wishes staff to proceed on each scenario. In order to assist in this process, the following consultants and experts were retained: exploring the property acquisition needs of both the City and Mr. Lichtman in order to accelerate the implementation of the CIP. Municipal Real Estate Consultant Barry Legg was retained to assist in the areas of valuation, review of appraisals and on the receipt of direction from Council to engage in negotiations on behalf of the City with private landowners; Legal Counsel with expertise in the area of Expropriation Law Lee Pinelli of Gowlings was retained to assist the City Solicitor in drafting the MOU, to provide advice on legal issues related to valuation methodology and on receipt of direction from Council to act on the City's behalf in any formal expropriation process; October 30, 2006 4 L- 2006 -43 John Penwarden ofD.J. Penwarden Appraisals Ltd., an accredited appraiser with the Appraisal Institute of Canada (AACI) was retained to conduct appraisals on City properties that Mr. Lichtman had indicated he would like to acquire; and Title searches on various properties located within the CIP area, specifically those that fell within the proposed redeveloped gateways, parking structure and along Queen Street were conducted by internal City staff, in order to determine current ownership of the properties. 3. Land Acquisition: Negotiation vs Expropriation What's the Process? A. Land Acquisition by Negotiation: Once Council provides direction that it has decided to proceed with the acquisition of land held by private landowners for the purpose of implementing its CIP /SIP to revitalize the downtown, Barry Legg the Real Estate Consultant engaged by the City, would meet with affected landowners, explain to them the process and engage them in negotiations. The steps and extent of Mr. Legg's explanations to private landowners are set out in Attachment "2" to this Report. B. Land Acquisition by Expropriation: The formal Expropriation process is triggered by an Application for Approval to Council following which a Notice of Expropriation would be served on the affected private landowner(s). As indicated in the Acquisition process above, prior to seeking that approval, a meeting would be held with the private landowners in order to determine if acquisition of their property is viable outside of the expropriation process. Once, the formal expropriation process is triggered, the process is governed by time- lines and notice requirements established by the Expropriations Act. The approximate time frame for the entire process is no less then six (6) months with that time frame being expanded to greater then nine (9) months where a hearing of necessity is required to be held. The formal steps required to be taken in a typical expropriation are set out in chart format as Attachment "3" to this Report. 4. Appraisal Valuation Methods and Assumptions: Mr. Penwarden has now prepared the first group of appraisals, related to City owned property, that Mr. Lichtman has advised he wishes to purchase from the City. Additional properties have subsequent to initial discussions with Mr. Lichtman been added to this assignment involving properties that Mr. Lichtman would like to sell to the City. Appraisals on those additional properties are expected shortly, but are not yet available. October 30, 2006 5 L- 2006 -43 A. Valuation Methods: THE PROPOSAL: Mr. Lichtman had in a draft of a Memorandum of Understanding delivered to the City on April 4, 2006 indicated that he wished to purchase these properties from the city for a sum equal to 125% of the pre -plan value as determined by a certified appraiser to be mutually selected by the Parties." Generally, when requesting appraisals, the City does so on the basis of "Current Market Value" implementing the highest and best use valuation method. In this instance, because Mr. Lichtman identified a valuation method different then that which the City usually uses, Staff felt it important that both valuations be reflected in the appraisals prepared by Mr. Penwarden, being: (1) current market value implementing a highest and best use valuation method; and (2) the pre -SIP value (if different from current market value). It should be noted that, for the most part, the difference in appraised values for the two different valuation methods is fairly inconsequential. Council's direction with respect to which of the valuation methods it wishes Staff to pursue in its negotiation of the MOU with Mr. Lichtman is being sought in this Report. B. Valuation Assumptions: A number of standard assumptions were used by Mr. Penwarden in coming to his appraisals. A representative sample of those assumptions has been reproduced from one of the appraisals at Attachment "4" to this Report. As indicated above, on Council's direction, Staff engaged Mr. Lichtman in discussions relating to understanding his plan for implementation of the CIP and exploring property acquisition needs of both the City and Mr. Lichtman, in order to accelerate the implementation of the CIP. Additionally, consultants were retained, appraisals obtained and information was gathered about properties that could potentially be impacted by the implementation of the CIP, all of which was done in an effort to arrive at a Property Acquisition/Disposition Plan "Property Plan As a result of the above efforts, Staff have identified four property acquisition and disposition scenarios, each involving different considerations related to the current property owner or the reason for their acquisition or disposition. All require Council's direction to Staff as to whether or not it should pursue the scenario any further. October 30, 2006 6 L- 2006 -43 1. The Four Scenarios: Scenario 1: Disposition of Properties currently owned by the City This scenario involves properties that are currently owned by the City which Mr. Lichtman has indicated he wishes to acquire from the City. The method of sale proposed is that of a direct sale with a negotiated purchase price based on an appraised value and using the City's Sale of Lands Process (as set out in City of Niagara Falls By -law No. 2003 -16, as amended). This would involve obtaining a reference plan, declaring the lands as surplus and giving notice to the public of the sale, unless Council directed otherwise. The terms of any such disposition of property can and should be incorporated in the MOU with Mr. Lichtman. This would include the City requiring that certain restrictive covenants be attached to the sale of these properties in order to ensure that they are developed and used in a manner consistent with the CIP and SIP and that they are developed within the time frame established in an MOU. Eight (8) properties have been identified by Mr. Lichtman to the City that fall into this scenario (the first seven identified in May and June, 2006, with a further property identified on September 6, 2006) and form the basis for the first group of appraisals that have now been completed by Mr. Penwarden. The particulars of these eight (8) properties, a summary of the appraisal information, their location, size, Pin numbers and appraised values are set out in Attachments "5" (Informational Chart) and "6" (Maps and Photographs) to this Report. Scenario 2: Acquisition of Properties Currently owned by Mr. Lichtman This scenario involves properties that are currently owned by Mr. Lichtman which he would like to sell to the City for its use in accelerating the implementation of the CIP /SIP, in particular to further the implementation of the western and eastern gateways and the parking structure identified in those documents. The method of purchase would be by way of a direct purchase with a negotiated purchase price based on the appraised value. Four (4) properties have been identified by Mr. Lichtman to the City that currently fall into this scenario. It is anticipated that additional properties would be added to these in the event that they are acquired by Mr. Lichtman prior to the implementation of the CIP /SIP by the City, although he has advised that he is no longer actively pursuing acquisition of such properties at this time. Mr. Penwarden has been advised that the City may require appraisals on these properties, however, he has not yet been given the go ahead to prepare them. The four (4) properties, their location, Pin numbers and ownership information are set out in both an informational chart and map which have been attached to this Report as Attachments "7" (Chart) and "8" (Map) to this Report. October 30, 2006 7 L- 2006 -43 Scenario 3: Acquisition of Properties from Private Landowners City's Use This scenario involves properties that are currently held by private landowners (persons or companies) unrelated to Mr. Lichtman but which the City will need to acquire (using either its negotiation skills or expropriation powers) in furtherance of an accelerated implementation of the CIP /SIP, specifically as the properties relate to the City's implementation of the western and eastern gateways and the parking structure. These properties have been identified using the location, size and configurations currently identified in the CIP /SIP (before completion of the Environment Impact Assessment Studies "EA's and as such, may be subject to change once all of the EA's have been completed. The method of purchase would be either by way of a direct purchase with a negotiated purchase price based on the appraised value or by way of the City exercising its expropriation powers under the Expropriations Act and the Planning Act Part IV Community Improvement Provisions. The manner in which the City would pursue these two methods of acquisition has been outlined above in the Background Information (Item 3. Land Acquisition: Negotiation vs. Expropriation What's the process? and Attachments "2" and "3" to this Report). In an effort to determine the current use of these properties, Staff conducted title searches, gathered independent information and have mapped the properties that are currently identified as being affected by this scenario, all of which is set out in an informational chart and map which have been attached to this Report as Attachments "9" (Information Chart) and "10" (Maps) to this Report. Scenario 4: Acquisition of Properties from Private Landowners Mr. Lichtman's Use This scenario involves properties that are currently held by private landowners (persons or companies) unrelated to Mr. Lichtman, but which Mr. Lichtman has indicated he believes that the City ought to acquire (using either its negotiation skills or expropriation powers) in furtherance of an accelerated implementation of the CIP /SIP and following the City's acquisition of these properties sell them to Mr. Lichtman so that he can include them in his development plans. These lands are located in four (4) different blocks of downtown, being: 1. Queen Street (Erie Avenue to Ontario Avenue North Side); 2. Queen Street (Ontario Avenue to St. Clair Avenue North Side); 3. Erie Avenue (Bridge Street to Queen Street East Side); and 4. Huron Street (Zimmerman Avenue to Erie Avenue North Side). The method of purchase would be either by way of a direct purchase with a negotiated purchase price based on the appraised value or by way of the City exercising its expropriation powers under the Expropriations Act and the Planning Act Part IV Community Improvement Provisions. The manner in which the City would pursue these two methods October 30, 2006 8 L- 2006 -43 of acquisition has been outlined above in the Background Information Item 3. Land Acquisition: Negotiation vs. Expropriation What's the process? and Attachments "2" and "3" to this Report). In an effort to determine the current use of these properties, Staff conducted title searches, gathered independent information and have mapped the properties that have currently been identified to us by Mr. Lichtman as being required by him in this scenario, all of which is set out in an informational chart and map which have been attached to this Report as Attachments "11" (Information Chart) and "12" (Maps) to this Report. 2. Directions Sought From Council re Four Scenarios Council's direction with respect to these properties is sought in regard to the following issues: Scenario 1: Disposition of Properties currently owned by the City 1. Whether or not Council supports the sale of these properties by way of a direct sale to Mr. Lichtman? 2. In the event that Council does support the sale of these properties to Mr. Lichtman, further direction is required with respect to: (1) What the appropriate valuation method to be used in any such sale would be 125% of either the current market value or the pre -SIP value? (2) Support for restrictive covenants being attached to the sale of these properties in order to ensure that they are developed and used in a manner and time frame consistent with the CIP /SIP and established in an MOU? (3) Sale of these properties to otherwise follow the provisions of the City's Sale of Lands Procedure and By -law No. 2003 -16? Scenario 2: Acquisition of Properties Currently owned by Mr. Lichtman 1. Whether or not Council does support in principal the purchase of these properties from Mr. Lichtman? 2. In the event that Council supports in principal the purchase of these properties from Mr. Lichtman, further direction is required with respect to how Council wishes to fund the purchase costs for such land acquisition? Scenario 3: Acquisition of Properties from Private Landowners City's Use 1. Whether or not Council supports in principal the acquisition of these properties from the private landowners? October 30, 2006 9 L- 2006 -43 2. In the event that Council supports in principal the acquisition of these properties from the private landowners, further direction is required with respect to: (1) CONCLUSION: When Council wishes Staff to initiate the process of actively negotiating the acquisition of these properties outside of the expropriation process? As set out in Attachment "2" to this Report Municipal Land Acquisition from Private Landowners the Process (2) When Council wishes Staff to initiate the process of expropriation of these properties? As set out in Attachment "3" to this Report Steps in a Typical Expropriation 3. How Council wishes to fund the purchase costs for such land acquisition? Scenario 4: Acquisition of Properties from Private Landowners Mr. Lichtman's Use 1. Whether or not Council supports in principal the acquisition of these properties from the private landowners? 2. In the event that Council supports in principal the acquisition ofthese properties from the private landowners, further direction is required with respect to: (1) When Council wishes Staff to initiate the process of actively negotiating the acquisition of these properties outside of the expropriation process? As set out in Attachment "2" to this Report Municipal Land Acquisition from Private Landowners the Process (2) When Council wishes Staff to initiate the process of expropriation of these properties? As set out in Attachment "3" to this Report Steps in a Typical Expropriation 3. How Council wishes to fund the purchase costs for such land acquisition? Council directed Staff at its meeting of May 8, 2006 to take steps to move the CIP /SIP forward, including preparing a Property Plan, that would be based on the City's needs under the CIP, an accelerated implementation of the CIP, Mr. Lichtman's development plan and his needs in implementing that plan on an accelerated basis. Staff subsequently engaged Mr. Lichtman in October 30, 2006 10 L- 2006 -43 discussions, retained consultants, obtained appraisals on certain properties and gathered information about properties that could potentially be impacted by such a Property Plan. As a result of those actions, Staff has identified four property acquisition and disposition scenarios, which have been set out in this Report. In order to move forward with a Property Plan, Council's direction is sought with respect to the four property scenarios outlined above and the issues set out in the Directions section of this Report. Recommended by: Karen I. Kelly City Solicitor A proved by: KIK/sm Attachments T. Ravenda Executive Director of Corporate Services spectfully submitted: John MacDonald Chief Administrative Officer ATTACHMENT "1" DATE MINUTES AND RESOLUTIONS OF COUNCIL AND CITY LETTER OF INTENT December 6, 2004 Adoption of the CIP February 20, 2006 Reaffirming merits of the CIP and directing Staff to take certain steps April 24, 2006 Protocol Approval April 27, 2006 Letter of Intent May 8, 2006 SIP Adoption May 8, 2006 Additional Resolution re SIP May 29, 2006 Approval of amendments to 2006 General Purposes Budget June 26, 2006 Deferral of request for copy of Gibbs Report until after Executive Summary received and reviewed by Staff August 21, 2006 Council direction to obtain independent marketing study and business plan Niagara Health System Karen Tribble and Gloria Kane, from the Niagara Health System provided an update on the status of the Greater Niagara General Hospital Emergency Department and Ambulatory Care expansion project. Ms. Kane further advised that this expansion would provide a state-of-the art facility and added that Niagara Falls was targeted as the second site for an M.R.I. Some discussion ensued with respect to the proposed co- location project in St. Catharines. Ms. Kane clarified that there was no association between the ER and Ambulatory Care redevelopment project in Niagara Falls to the proposed project in St. Catharines. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the Council of the City of Niagara Falls reaffirms that the future health of Niagara residents is better served by a centrally located, state -of -the -art hospital, and further that this be forwarded to the Minister of Health and the Niagara Health System. The motion was Carried with the following recorded. vote: AYE: Aldermen Campbell, Diodati, ioannoni, Kerrio, Morocco, Pietrangelo, Volpatti and Wing. NAYE: Mayor Salci. -3- PLANNING MATTERS December 6, 2004 Council Minutes PD- 2004 -14 Chief Administrative Officer, Final Report, Downtown Niagara Falls Community Improvement Plan. The report recommends the following: 1. That Council repeal the By -law Nos. 81 -245 and 87 -002, establishing the existing redevelopment areas in the downtown and also By-law Nos. 84 -287, 85 -119, 87 -003, 88 -061; and 89 -309 adopting Redevelopment/improvement Plans within this redevelopment area; 2. That Council pass a by -law to designate the Downtown Community improvement Project Areas contained in the Downtown Niagara Falls Community Improvement Plan Final Report (November, 2004); 3. That Council pass a by -law to adopt the Downtown Niagara Falls Community Improvement Plan, November 2004 and that the Plan be forwarded to the Ministry of Municipal Affairs and Housing for approval; 4. That Council direct the staff Inter- department Development Team to proceed with the coordination and implementation of the Municipal leadership Strategy including: a) the investment in and development of, City owned lands to spur private development; b) the establishment, marketing and administration of the financial incentive program; c) the preparation of Official Plan and Zoning by -law revisions, Urban Design Guidelines, a Downtown Parking Strategy, a Transportation Master Plan; d) the amendment of the City's Development Charges by -law to implement the Development Charge Exemption (DCE) Program; -4- December 6, 2004 Council Minutes e) approaching downtown financial institutions to become funding partners in the financial incentive programs and in establishing a venture capital pool for downtown business; f) the review of enforcement, licensing and permitting; and g) marketing of the downtown and establishing programs to look beyond the downtown for new development partners and investors; 5. That Council continue to support the Downtown Business Improvement Area Board efforts to lobby the Federal government to retail the full service custom and border services of the Whirlpool International Bridge crossing; 6. That Council provide financial support of the CIP through the inclusion of $85,000 in the 2005 budget to initiate the implementation of the Plan and the proposed incentive programs. AND Communication No. 217 Correspondence from M. Suzaki, 4577 Victoria Avenue. The communication advises that she is not opposed to the Downtown Revitalization Plan, but expresses the view that she would not be forced from her home. AND Communication No. 218a) Niagara Parks Commission, Manager, Planning Properties. The communication provides comments on the proposed Downtown Niagara Falls Community Improvement Plan. AND Communication No. 218b) Niagara Parks Commission, General Manager. The communication advises as accepting the report as a background document and looks forward to participating in a more comprehensive and detailed planning process for the downtown. The City Clerk advised that a public meeting was being convened to consider the adoption of a Community Improvement Plan for downtown Niagara Falls.. He further advised that the Notice of the Public Meeting had been given through publication in the Niagara Falls Review on November 6, 2004 and by First Class mail in accordance with the Planning Act on November 5, 2004. He informed that anyone wishing to receive notice of the adoption of the Community Improvement Plan, should leave their names on the sign -in sheets outside the Council Chambers. Mr. Luciano Piccioni, RCI Consulting provided a brief overview of the Community Improvement Plan, the project steps, the public participation process, the financial incentive programs proposed, including Residential Loan Program, the Commercial Building Loan and Facade Grant Program and the Downtown R evitalization Grant Program, and the need for municipal leadership and involvement. Mr. Glenn Scheels, GSP Group, provided highlights on the following: the Key Factors and Trends in Downtowns, the Land Use Strategy, the Public Realm and Urban Design Plan, and Targeted Improvement Projects. His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a positive response to Mayor Salci's request for comments. -5- December 6, 2004 Council Minutes Mr. Russ Slemmon, 4257 Huron Street, requested further information on the public notification process and the issue of land acquisition by the municipality. Clarification was provided by staff and the consultant with respect to the enquiry. Mr. Kurban Lalani, Chairman, Downtown Board of Management commented that the Downtown Board was in full support of RCI's initiative. Mr. Dennis Savriga stated that this was a good thing for the community and advised that he had a client who would be bringing forward an application in the Downtown area at a future date. Mr. Jodie Burdette, owner of a business on Bridge Street, enquired as to the timing, retroactivity and implementation of the loan programs for applications. Mr. Piccioni provided clarification on the timing estimates of the plan. The Director of Planning and Development referred to the need to develop facade guidelines, permanent design guidelines and commented that once there was governmental approval, the municipality would have to set realistic time frames for the applications. The Chief Administrative Officer commented on the use of internal resources for the implementation of the program and of the co- ordination and development of a marketing plan. Ms. Mitsko Suzaki, 4577 Victoria Avenue, expressed expropriation concerns. She had lived in a community where her property had been expropriated. In response, Mr. Piccioni expressed the view that the role of the City was one of co- operation and co- ordination not one of expropriation. In response to questions raised, the Director of Municipal Works advised that a downtown core parking traffic strategy has already been identified in the 2005 Capital Program to look at traffic and signage in the downtown area. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to the Downtown Niagara Falls Community Improvement Plan, closed. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the recommendations be approved, with the exception of Recommendation #5. The motion Carried with Alderman Wing declaring a conflict of interest on the matter dealing with the Niagara Parks Commission Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti, that Recommendation #5 be received and adopted. The motion Carried Unanimously. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the correspondence be received and adopted. Carried Unanimously. See By -law No. 2004 -223 See By -law No. 2004 -224 Public Meeting, Re: Zoning By -law Amendment Application for Temporary Use By- laws; AM- 52!2004, 6361 Fallsview Boulevard and Associated Off -Site Lands; Applicant: 876891 Ontario Limited; Agent: Peter Smith, Planner; Proposed Temporary Use by -laws for Off -site Parking for the Hilton Hotel. The City of Niagara Falls, Ontario Council Chambers No. 2 Moved by Alderman Campbell Seconded by Alderman Morocco February 20, 2006 WHEREAS the Downtown Community Improvement Plan (CIP) was approved by Niagara Falls City Council (Council) on December 6, 2004 and by the Ministry of Municipal Affairs and Housing on March 11, 2005; and WHEREAS the CIP stands on its own merits but also contains a synthesis of three previous reports: background and vision report (November 2003), land use and urban design framework (April 2004) and financial incentive programs (April 2004); and WHEREAS Council reaffirms the finding set forth in the CIP that "downtowns are the functional and symbolic heart of the community." (pg. 1); and WHEREAS Council also reaffirms the finding set forth in the CIP that "a healthy, viable downtown is important to the economic health, civic pride and history of a community." (pg. 1); and WHEREAS Council reaffirms the finding of the CIP that "a strong downtown increases the options and opportunities for residents to obtain goods and services." (pg. 1); and WHEREAS Council reaffirms the finding of the CIP that "a strong and vibrant downtown is also a symbol of a city which is earing and concerned about its health and its desire to create a high quality of life." (pg. 1); and WHEREAS Council reaffirms the finding of the CIP that "the need to revitalize downtown Niagara Falls is clear and desirable." (pg. I); and WHEREAS Council reaffirms the finding of the CIP that "the City will have a significant role to play in designing and building the public realm to support this urban lifestyle and in attracting private sector investment to achieve the transformation of Downtown Niagara Falls." (pg.35); and WHEREAS Council reaffirms the commitment set forth in the CIP that "the City will undertake a variety of public realm improvements to serve as a catalyst for redevelopment and to make Downtown a livable neighbourhood." (pg. 45); and WHEREAS Council reaffirms the goal set forth in the CIP to look beyond Downtown for new redevelopment partners and investors." (pg. 76) THEREFORE BE IT RESOLVED that Staff should develop a protocol to enter into negotiations with potential redevelopment partners and investors who have or may present themselves; and FURTHER BE IT RESOLVED that City Staff is encouraged to get input from Council throughout the process so that Staff is aware of Council's concerns; and FURTHER BE IT RESOLVED no negotiation by Staff, on behalf of the City, shall be final or binding unless and until approved by Council. AND The Seal of the Corporation be hereto affixed. t DEAN RFI A CITY CLERK R. T. (TED) SALCI MAYOR 6 April 24, 2006 Council Minutes L- 2006 -09 Chief Administrative Officer Permanently Close Portion of Gladstone Avenue (Liberty Street) The report recommends that Council authorize staff to proceed to permanently close a portion of Liberty Street (also known as Gladstone Avenue) being that portion of Liberty Street located between Stamford Street and Highway 420. L- 2006 -17 Chief Administrative Officer Declare Surplus and Offer for Sale Land Adjacent to 8833 Willoughby Drive Parts 1,3 and 4 on Reference Plan 59R- 12941. File No. 2005 -151 The report recommends that Parts 1, 3 and 4 of Reference Plan 59R- 12941, be declared surplus and offered for sale and that any proposed purchaser pay for all costs associated with the sale, including the cost of an appraisal, reference plan and all notices. L- 2006 -19 Chief Administrative Officer Declare Surplus and Offer for Sale Parts 2, 3 and 11 on Reference Plan 59R 11438. File No. 2005 -229 The report recommends that Parts 2, 3 and 11 on Reference Plan 59R 11438, be declared surplus and the City proceed to service it as a building lot and offer it for sale thereafter and that any proposed purchaser pay for all costs associated with the sale, including the cost of an appraisal, reference plan and all notices. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco to approve the reports as recommended. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the actions taken in Community Services, on April 24, 2006 be approved. Carried Unanimously 1) That the minutes of the April 24, 2006 meeting be approved. 2) That the recommended design stage for the installation of physical traffic calming devices on Portage Road be initiated. 3) That the traffic signage as outlined in report MW-2006-45 be implemented and that a traffic calming EA be initiated. 4) That the parking revisions on Ellen Avenue as recommended in report MW- 2006 -24 be initiated. 5) That the Provincial Funding be used for Road Rehabilitation and Bridge Repair Programs and for the installation of the following sidewalks in 2006: Drummond Road (from Morrison Street to Perkins Street and McLeod Road from Montrose Road to West of Pin Oak Drive). RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the "In Camera" actions, earlier this evening be approved. Motion Carried with Alderman Diodati declaring a conflict to #1. 1) That Council approve the land exchange between the parties as described in the report and proceed with report L- 2006 -21 scheduled for open Council as per the City of Niagara Falls sale of lands by -law (2003 -16). 7 April 24, 2006 Council Minutes 2) I) That Cou ncil approve the Protocol for Entering into Negotiations with Potential Downtown Redevelopment Partners and Investors in the form attached to report L- 2006 -23 at Schedule "B and ii) That Council approve the provision of a Letter of Intent to Mr. Aaron Lichtman and the Lichtman Development Group to the City's solicitors' satisfaction; and iii) That Council direct staff to thereafter proceed to perform all due diligence obligations as set out in Step 3 of the Protocol and to negotiate a Memorandum of Understanding as set out in Step 4 of the Protocol, subject to Council's approval. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the City will move forward to fund various infrastructure improvements should a legally binding M.O.U. comprehensive agreement be reached between the City of Niagara Falls and the proponent Mr. Lichtman and a company to be formed; and that the City will attempt to obtain contributors toward the infrastructure improvements from all other Government levels in order to minimize the burden on the Niagara Falls Taxpayers. Motion Carried with Alderman loannoni opposed. 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-2006-21 Major Receivables Quarterly Report. It is recommended for the information of Council PD- 2006 -36 Amendment to By -law No. 98 -151, as amended, Respecting the Conveyance of Land for Park Purposes, AM-25/2004, Cuviello Construction Limited. It is recommended that Council pass the by -law on tonight's agenda to require the conveyance of land for park purposes for the development of approximately 23 ha (57 ac.) of tourist commercial land on the northeast corner of Lyon's Creek Road and Montrose Road. MW-2006-44 Tender for the Supply of Materials and Services for Pavement Markings, Contract #2005 -06 (On- Street Application), Contract #2005 -07 (Parking Lots &Other City Owned Lands). It is recommended that Provincial Maintenance be awarded the tender for Contract 2006 -06 (On- Street Pavement Markings), and that staff be directed to negotiate a service agreement for those works; and Sealer Works be awarded the tender for Contract 2006 -07 Parking Lots and other City Owned Lands), and that staff be directed to negotiate a service agreement for those works. MW- 2006 -46 Dorchester Road Reconstruction and Underground Services Utility Relocations and Project Update. It is recommended that staff be authorized to proceed with the utility relocations and the relocations be funded from the 2006 Capital Budget, Dorchester Road Environmental Assessment and Reconstruction, be approved. MW- 2006 -51 Contract 2006 -03, 2006 Asphalt Overlay Phase 1 City Wide. It is recommended that the contractor Norjohn Contracting Limited) be retained to perform the works for the 2006 Asphalt Overlay Phase 1 for the amount shown below and that Council authorizes the Mayor and City Clerk to sign an agreement with Norjohn Contracting Ltd. Step 1 Staff to engage in initial discussions with potential Downtown redevelopment partners and investors "partners /investors Note: Schedule "B" Protocol for Entering into Negotiations with Potential Downtown Redevelopment Partners and Investors Intended to flesh out on a very preliminary basis the merits and the face value viability of any such proposal Step 2 onward require, Go/No Go Decisions and Direction from Council, prior to Staff moving to the next step in the Protocol, with Step 3 obligations and Step 4 negotiations being engaged in on a concurrent basis. Step 2 Provision of a Letter of Intent to partner /investor following the receipt of a formal request from a partner /investor and subject to Council's approval Step 3 Performance of all due diligence obligations Step 4 Intended to provide written confirmation of the City's willingness to engage in further discussions with the partner /investor Intended to be a full investigation by the City of the bona fides and particulars of the partner /investor and its proposal, this step would be initiated at the same time that the City and the partner /investor entered into negotiations of a Memorandum of Understanding "MOU and concluded prior to the approval by Council of that MOU. Entering into of a Memorandum of Understanding following the negotiation of its terms with the partner /investors lawyer and subject to Council's approval Intended to layout the general framework for going forward and to provide written confirmation of the City's willingness to engage in formal negotiations leading to the entering into of a comprehensive agreement. The MOU would be negotiated by Legal Counsel and would require Council's approval and authority for it's execution. Step 5 Entering into of a Comprehensive Agreement following the negotiation of its terms with the partner /investor's lawyer, subject to Council's approval and the passage of an Execution By -law Intended to establish in detail, following negotiations between lawyers, full consideration by Staff and all stakeholders (including any outside agencies) and with the approval of Council, the specific terms of and framework for the relationship between the City and the partner /investor. Chief Administrative Officer Mr. Aaron Lichtman 62 William Street 9 Floor New York, NY 10005 Dear Sir: Letter of Intent April 27, 2006 Re: Lichtman Development Group Our File: 2006 -89 City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca (905) 356 -7521 Ext. 5100 Fax: (905) 374 -3557 jmacdonald©niagarafalls.ca As you know a Community Improvement Plan "CIP providing for the revitalization of the City of Niagara Falls' historic downtown was adopted by Council on December 6, 2004, which CIP was subsequently approved by the Province of Ontario, Ministry of Municipal Affairs and Housing on March 11, 2005. Since that time, the City in partnership with the Downtown Business Improvement Association "BIA has been diligently working towards the development of a Strategic Implementation Plan "SIP Although not yet adopted by Council, the SIP is expected to be put before Council for its consideration on May 8, 2006. The City acknowledges the receipt from you on April 4, 2006, of a draft "Memorandum of Understanding" "MOU which proposes, in considerable detail, the framework for a relationship between the City and Historic Niagara/Aaron Lichtman (on behalf of a company to be formed). The essence of that draft MOU being the accelerated implementation of the City's CIP and the proposed SIP. While we appreciate the effort that resulted in the draft MOU, the level of detail contained in it is premature at this early stage as a great many of the matters addressed in it will require careful consideration by Staff, Council and, very likely, some outside agencies. Additionally, on February 20, 2006, in anticipation that potential redevelopment partners and investors would present themselves, Council passed a Resolution directing Staff to develop a Protocol for handling negotiations with such potential partners and investors. Staff has developed such a Protocol and Council has on April 24, 2006, adopted that Protocol (a copy of which has been attached). It is, therefore, necessary that the matters proposed in the draft MOU that you submitted be the subject of a negotiated MOU followed by a negotiated Comprehensive Agreement, to be entered into after due consideration by all stakeholders. Having said this, however, the City wishes to acknowledge the level of commitment that you set out in the draft of an MOU that you provided to us and to respond to that level of commitment by providing you with a Letter of Intent that confirms the City's own corresponding level of commitment to you and your proposal, and to the funding necessary to achieve the required public realm infrastructure improvements that are deemed necessary by the City and which are set out in the CIP and the proposed SIP, including: 2 April 27, 2006 road and sidewalk improvements ensuring there is appropriate and sufficient parking development of parks /green spaces alteration and upgrading the eastern and western gateways to the downtown We also wished to clearly enumerate what the next steps would be in moving this relationship forward through the Protocol established by Council in anticipation of arriving at a Comprehensive Agreement. To that end, we confirm, based on the proposal that you've outlined to the City, that it is your intent to construct and/or renovate a total of 500,000 square feet of combined retail, residential, office and hospitality space in the City's historic downtown. Such an ambitious proposal is clearly welcomed by the City. In response, and as a clear indication of our support of your proposal, the City of Niagara Falls wishes to reaffirm to you, that it is the intention of the City of Niagara Falls to continue to maintain the revitalization of its historic downtown as a top priority for the City. The City of Niagara Falls does so, having full regard for the contents, goals and objectives established in the CIP that was adopted by this same Council on December 6, 2004. In this regard, you can be assured that it is the City's desire to accelerate implementation of the CIP to the fullest extent possible, and, with your assistance, we will actively pursue that objective. The City will work with you in good faith in order to fully understand your plan for implementing the CIP. The City's legal representatives will work with your legal counsel in order to negotiate a mutually acceptable MOU and to ensure that all due diligence obligations have been discharged. As you are aware, Ontario municipalities are governed by quite rigorous legislation and are also subject to a well developed body of case law. Accordingly, the City must ensure that, throughout this process, and in its dealings with any proponent, it is cognizant of the dictates and constraints of the law. In the end, this offers assurance and protection to all concerned, the City and proponent included. The next steps in this process, as established by Protocol, are to, through Legal Counsel, engage in dialogue in order to conclude the performance of all due diligence obligations while concurrently entering into negotiations of the terms of a mutually agreeable MOU. 3 April 27, 2006 I trust that this letter provides a level of comfort with regard to the intentions of the City going forward. Implementation of the CIP is a priority for Council. Both Staff and Council are committed to implementing the CIP in an expeditious way, and to working with you in pursuance of that end. JM:KK:cec Attachment Yours truly, John MacDonald Chief Administrative Officer Protocol for Entering into Negotiations with Potential Downtown Redevelopment Partners and Investors Step 1 Staff to engage in initial discussions with potential Downtown redevelopment partners and investors "partners /investors Note: Step 5 Intended to flesh out on a very preliminary basis the merits and the face value viability of any such proposal Step 2 onward require, Go/No Go Decisions and Direction from Council, prior to Staff moving to the next step in the Protocol. Step 3 obligations and Step 4 negotiations may be engaged in on a concurrent basis. Step 2 Provision of a Letter of Intent to partner /investor following the receipt of a formal request from a partner /investor and subject to Council's approval Intended to provide written confirmation of the City's willingness to engage in further discussions with the partner /investor Step 3 Performance of all due diligence obligations Intended to be a full investigation by the City of the bona fides and particulars of the partner /investor and its proposal, this step would be initiated at the same time that the City and the partner /investor entered into negotiations of a Memorandum of Understanding "MOU and concluded prior to the approval by Council of that MOU. Step 4 Entering into of a Memorandum of Understanding following the negotiation of its terms with the partner /investors lawyer and subject to Council's approval Intended to layout the general framework for going forward and to provide written confirmation of the City's willingness to engage in formal negotiations leading to the entering into of a comprehensive agreement. The MOU would be negotiated by Legal Counsel and would require Council's approval and authority for it's execution. Entering into of a Comprehensive Agreement following the negotiation of its terms with the partner /investor's lawyer, subject to Council's approval and the passage of an Execution By -law Intended to establish in detail, following negotiations between lawyers, full consideration by Staff and all stakeholders (including any outside agencies) and with the approval of Council, the specific terms of and framework for the relationship between the City and the partner /investor. Alderman Wing indicated that she would have declared a conflict on any items related to the Niagara Parks Commission between February 20 -April 3`d when she was absent. Alderman Campbell indicated a pecuniary interest to cheque no. 300428 which was issued to his employer, the District School Board and to cheque no. 301130 which was issued to Stamford Collegiate. MayorSalci indicated a pecuniary interest to cheque numbers 300517, 300963 and 301123 which were issued to himself. Mid Peninsula Corridor 2 May 8, 2006 Council Minutes DEPUTATIONSIPRES�NTATIONS Regional Chair Peter Partington and Joe Cousins, Director of Transportation Services of the Regional Municipality of Niagara made a brief presentation about the proposed Mid- Peninsula Corridor, also known as the Niagara GTA Corridor. Chair Partington advised that the purpose of the corridor would be to relieve current congestion on Niagara Bound highways and better move traffic between Canada and the U.S. The purpose of the corridor would not be to by -pass Niagara Falls. Council was encouraged to get involved and have a member of Council or staff sit on the advisory committee once the EA is announced. This proposed corridor may take 7 -8 years until construction can begin. Mr. Cousins advised that GO service was a priority of the Region regardless of the future of the proposed GTA Corridor, that GO service would take 1 -3 years to get up, that Q.E.W. expansion is limited and that GO bus service must be established first prior to GO rail service is possible. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni to reconsider the motion of March 6 being opposed to the Mid Peninsula Corridor. Motion defeated ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that Council fully participate in the EA process related to the GTA Corridor. Carried Unanimously PLANNING MATTERS PD- 2006 -34 Chief Administrative Officer- Adoption of Downtown Strategic Implementation Plan (SIP) and Moving Forward Costs It is recommended that Council approve the following: 1. That the Downtown Strategic Implementation Plan be adopted, subject to staff being directed to proceed with the implementation of the Plan as follows: prepare the necessary Environmental Assessment documents for the eastern and western gateways which will explore alternatives and resolve issues; completion of urban design guidelines, official plan and zoning review, and engineering designs for Queen Street improvements; determine the need for a public parking garage and consolidated surface parking lots through a downtown transportation master plan; 3 May 8, 2006 Council Minutes completion of a financial impact study; proceed with a property acquisition and disposition investigation; and 2. That funding of $1.66 million be short termed financed pending a financial report to be presented at a 2006 Budget Amendment Meeting to cover the costs of necessary studies to accelerate the public realm improvements. Jay Valgora, V Studio made a brief presentation to Council. He advised Council that the SIP consists of nine major design points consisting of the revitalization of Queen Street: Civic Square creating a real Town Square for the people of the City; a gateway from River Road, creating an Eastern gateway to the downtown; Victoria Park, creating a Western Gateway connecting Queen Street to Victoria Avenue; Erie Avenue Corridor, creating the crossroads of the Downtown and creating a major Inter -Modal Transportation Hub; a Cultural District, creating a year- around destination for the Arts in Downtown; the Greenway and Linear Park which will reconnect the downtown to the Tourist Core and improve the Old Railway Space into a Linear Park; and Parking, to maximize the efficiency of the parking areas. Mr. Valgora indicated that C.I.P. (Community Improve Plan) was more general, laying out the ideas and concepts that were expanded in the S.I.P. (Strategic implementation Plan). The S.I.P. is more specific and provides a "road map" to downtown revitalization. Mr. Valgora indicated that the S.I.P. could take 15 to 20 years to fully be realized and that more detailed studies would be necessary for implementation. Lester Ste. Croix indicated his support of downtown revitalization. He presented a petition of over 2000 names of people in support for downtown. Shelagh Mulligan, 4671 River Road, was speaking on behalf of the Mulligan Family who own Henri's Motel Gift Shop. She advised Council that she is opposed to the S.I.P. but not the C.I.P. She indicated that her family's property would be expropriated under the S.I.P Sean Hyde, 4691 River Road, owner of a multiplex building stated that he would like to invest in the downtown and his property, however, under the plan he would lose his property. David Hagarty, representing the Downtown BIA, believes this a critical decision that Council must make. He believes if Council supports the revitalization there will be very positive results. He sees this as a unique opportunity that may not come along again. Vinoo Nancoo, 6508 Montrose Road, was speaking on behalf of clients he has on Zimmerman Avenue and Huron Street. He would like to see this development but believes a process has to be followed. He stressed the importance that Council needs to know everything about the investors. For example, they need to know what will happen if the investor decides to start but not complete the project. He also asked about relocations for those who may be forced out of their homes. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio to allow Colin Giberson to speak. Carried Unanimously Colin Giberson, 4700/4706 Zimmerman, is opposed to the Strategic Implementation Plan. He believes this is uprooting the local residents. He believes the City should stick to the C.I.P, it represents the community unlike the S.I.P. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo to allow Mr. Lichtman more time to speak. Carved Unanimously 4 May 8, 2006 Council Minutes Aaron Lichtman, of Historic Niagara, spoke of how he got involved in this project, the number of properties he has invested in and the need to expedite the process. The C.I.P. presented a framework for revitalization of downtown, which attracted he and his group of investors. He indicated that he understood the concerns of residents that may be forced to leave. He suggested they could be relocated to the proposed Mews area. Mr. Lichtman appreciated the required Environmental Assessments but does not want to have to be subjected to a third generation of reports and studies. He indicated that the Gibbs study was proprietary and by divulging it, his group could lose the basis for their development. He identified his interest in City properties and his commitment to develop the Rosbergs property first. He urged Council to support the S.I.P. and identify the downtown revitalization as one of Council's top three priorities. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell that the meeting go past 11:00 p.m. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco That the policies and resolutions set out in the Strategic Implementation Plan (SIP) of April 28, 2006, presented to Council on May 8, 2006 by Walker Group (V Studio) be adopted forthwith; including, but not limited to: Civic Square; River Park; Victoria Square; the gateway improvements; streets and streetscape improvements; and parking improvements; and That the implementation of the SIP is one of the top three priorities of the City of Niagara Falls. With the first phase intended to (1) attract significant private investment and (2) attract quality national, regional and local retailers to Downtown; and That City staff and the necessary qualified professionals, which staff deems necessary to implement as expeditiously as possible the SIP, will immediately begin to implement and design the improvements and strategic recommendations set forth in the SIP, including, but not limited to, signage, landscape features, zoning, land use and property acquisition; and That the City will create a leadership task force to manage the City's responsibilities for the redevelopment of Downtown, appoint an experienced full -time point person to co- ordinate all efforts, work with the Downtown BIA and any private investment partners, and have weekly meetings to detail progress and gain input from the BIA and any of the material private investors; and That the City will begin any and all environmental assessments (EA) that are legally required to implement Phase 1 of the project immediately and will immediately with Phase I design work that does not require an EA; and That the City will create a special Downtown district zone for specific signage and design standards which conform to the intent and detail of the SIP, and the needs of individual retailers, where appropriate; and That the City will create a clear regional plan detailing overall commercial and redevelopment across the City which is consistent with the Community Improvement Plan (CIP) and the SIP, and will follow it; and That the City will create a management system to monitor the public realm in the Downtown area, including signage, advertising, lighting, street furniture, etc and existing businesses will be encouraged to comply with the design standards contained in the SIP, implementing any applicable incentives contained in the CIP; and That the City will generate a detailed master plan at street and building level based on the SIP, and will follow it; and 5 May 8, 2006 Council Minutes That funding of 1.66 million for any design work, the EA's and professionals necessary to accomplish the foregoing shall be taken, to the extent possible, from existing budgets and, to the extent that is not possible, short-term borrowing is hereby authorized up to the amount of $1,600,000; and That staff be directed to proceed with a Financial Impact Study. Alderman Campbell AYE Alderman Diodati AYE Alderman loannoni AYE Alderman Kerrio AYE Alderman Morocco AYE Alderman Pietrangelo AYE Alderman Volpatti AYE Alderman Wing NAY Mayor Salci AYE Alderman Campbell AYE Alderman Diodati AYE Alderman loannoni NAY Alderman Kerrio NAY Alderman Morocco AYE Alderman Pietrangelo AYE Alderman Volpatti AYE Alderman Wing NAY Mayor Said AYE Motion Carried ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the City of Niagara Falls agrees to apply the total net funds received in the term of this Council from the sale of City owned property at McLeod and Montrose Roads to the Downtown Revitalization Project Reserve Fund. Motion Carried ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that Council be moved in Camera" to discuss property matters. Carried Unanimously Alderman Janice Wing left the meeting for the evening. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati that the "In Camera" actions from this evening be approved. Carried Unanimously That staff be directed, through legal counsel, to negotiate a memorandum of understanding, which would include the provision of a letter of credit from Historic Niagara and Mr. Aaron Lichtman; and That Mr. Lichtman provide due diligence in the form of, but not limited to, the name of principals, their experience, background, financial wherewithal and capabilities, their experience with respect to the other developments, assurances with respect to abilities to complete the project, and a written commitment to develop the former Rosbergs property to the satisfaction of the City Council and staff; and That on receipt of the due diligence information, Council will commit funding to the capital budget and negotiate the sale of City owned lands. PD- 2006 -41 Draft Plan of Condominium, 6350 Dorchester Road former Dorchester Manor Nursing Home), File: 26CD- 11- 2006 -01, Owner: Mountainview Construction Inc. The report recommends that the proposed plan of condominium be draft approved subject to the conditions in the attached Appendix; and the Mayor or designate be authorized to sign the draft plans as "approved" 20 days after notice of Council's decision 6- May 29, 2006 Council Minutes RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the actions taken in Community Services, on May 29, 2006 be approved. Carried Unanimously 1) That the minutes of the May 8, 2006 meeting be approved. 2) That the restrictions for Fern Avenue as outlined in report MW-2006-49 be implemented. 3) That the Parking Restrictions for High Street as outlined in report MW-2006 -60 be implemented. 4) That Window Boxes of Chippawa be provided a grant in the amount of $400.00 to cover the costs for the temporary road closure and insurance. 5) That the Landscape Design Technician be made a permanent position and added to the staff complement. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni that the actions taken in Corporate Services, on May 29, 2006 be approved. Motion Carried with Aldermen loannoni, Kerrio and Wing were opposed to item 3c and Alderman Wing also opposed to 3b. 1. That the minutes of the March 20 meeting be adopted as recorded. 2. That Report F- 2006 -32 Financial Impact of the Downtown Revitalization, be received for information. 3a. That the revenue and expense amendments to the 2006 General Purposes Budget be approved. b. That the Downtown Revitalization Capital Project be approved subject to the satisfactory completion of due diligence. c. That Committee recommend that Council authorize the use of debenture funding, as requested, for the Downtown Revitalization Capital Project. d. That all avenues for alternative funding be explored to the maximum extent available for the Downtown Revitalization Project. 4. That June 29 and September 29 be approved as the 2006 final due dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes. 5a. That the 2006 Property Tax Rates be approved. b. That Committee recommend that Council petition the Provincial Govemment to lower the 2007 Industrial Tax Rate, if necessary. 6. That Committee recommend that Council pass a resolution requesting The Regional Municipality of Niagara to issue $21,922,000 of debentures in accordance with the terms and amounts as set out in the schedule. 7. That Report F- 2006 -26 Financing Lease Report, be received for information. Gibbs Planning Report ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti to defer requesting a copy of the Gibbs report until after the executive summary is received and reviewed by staff. Motion Carried with Alderman Kerrio, loannoni and Wing opposed. Unite Here Canada ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that staff investigate possible ways to trigger an independent review of record of site condition, at no cost to the City, for the former Cytec/ Cyanamid land. Motion Carried with Alderman Volpatti opposed. Traffic Lights at Thorold Stone NEW BUSINESS ORDERED on the motion ofAlderman Diodati, seconded by Alderman Morocco that staff review the signal timing of intersections and forward the findings to the Region for their review and reprogramming. Carried Unanimously Hwy 20 Stanley Avenue ORDERED on the motion of Alderman Diodati, seconded by Alderman Wing that Council refer to staff the beautification of Highway 420 and that staff work with the Province regarding adopting a portion of the highway. Canada Day Alderman Diodati reminded the community to show their pride on Canada Day and display their Canadian flags. Weed Complaints The weed complaint process was outlined by staff. Motorized Scooters Alderman Volpatti outlined the input she has received. The City Clerk advised that the report would be brought to the next Council meeting. 9 June 26, 2006 Council Minutes Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the meeting be adjourned at 9:05 p.m. Carried Unanimously 'd jJ DEAN i0' l IA, CITY CLERK R.T. (TED) SALCI, MAYOR 5 August 21, 2006 Council Minutes 6) That the Kiwanis, Lundy's Lane BIA and the Mayor meet regarding the bus bench program within the next 30 days. (Report recommendation changed as noted above) RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the "In Camera" actions, earlier this evening be approved. That staff be directed to obtain an independent marketing study and business plan regarding the Downtown. Alderman Campbell AYE Alderman loannoni NAYE Alderman Pietrangelo AYE Alderman Wing NAYE Alderman Diodati AYE Aldemnan Kerrio AYE Alderman Volpatti AYE Mayor Salci AYE Motion Carried 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- 2006 -43 Major Receivables Quarterly Report. It is recommended that Council approve the municipal accounts totalling $10,717,174.09 for the period June 28, 2006, to August 1, 2006. PD- 2006 -63 Matters Arising from the Municipal Heritage Committee. It is recommended that Council, 1) approve a Designated Property Grant for the maximum amount of 3,000 toward the cost of the restoration of the windows of the Oswald House, 2922 St. Paul Avenue, as outlined in this report; 2) pass a by-law to amend the designating by -law for the Battleground Hotel Museum at 6151 Lundy's Lane to add two elements to the Reasons for Designation; and 3) approve the restoration on the lattice work surrounding the front door of the Laura Secord House at 3800 Bridgewater Street. PD- 2006 -65 Information Report Wind Energy Systems- It is recommended that Council receive this report for the information purposes only. PD- 2006 -67 Request for Removal of Part Lot Control Lot 102, Registered Plan 59M- 129, 7698/7700 Cortina Crescent. It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate Lot 102, Registered Plan 59M -129, as exempt from Part Lot Control; and the applicant be required to notify the City when the separate deeds have been registered. PD- 2006 -68 Request for Removal of Part Lot Control Lots 31, 32, 35 to 48 Inclusive), Registered Plan 59M -324, Brittany Court Garner Estates Phase 4), Owner: Mountainview Homes. It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate Lots 31, 32, 35 to 48 (Inclusive), 1 1 1 1 1 1 1 1 ATTACHMENT "4" 2 UNDERLYING ASSUMPTIONS AND LIMITING CONDITIONS This appraisal has been made on the basis of the following assumptions and limiting conditions: 1. This report is prepared at the request of The City of Niagara Falls Municipal Real Estate Services for the purpose of estimating the current market value of the subject property on a post Strategic Implementation Plan (SIP) basis and on a retrospective basis (pre SIP) pursuant to negotiations for the possible disposition of the subject property. It is not reasonable for any person other than the aforementioned party to rely upon this 'appraisal without first obtaining written authorization from. D.J. Penwarden Appraisals Ltd. The report is prepared on the assumption that no other person or party will rely on it for any purpose, and that all liability to all other persons is denied. Any use which a third party makes of this report, or any reliance or decisions to be made based on it, are the responsibility of such third parties. Therefore, the appraiser(s) accept no responsibility for damages, if any suffered by any third party as a result of decisions made or actions based on this report. Further, the appraiser denies the responsibility and use by any future owner. 2. While expert in appraisal matters, the author is not qualified and does not purport to give legal advice. It is assumed that: a legal description as furnished by the Registry Office is correct the title to the property is good and marketable there are no encroachments, encumbrances, restrictions, leases or covenants that would in any way affect the valuation, except as expressly noted herein; rights -of -way, easements or encroachments over other real property and leases or covenants noted herein are legally enforceable. Because these assumptions have been made, no investigation, legal or otherwise, have been undertaken that would verify these assumptions, except as expressly noted herein. It is assumed that title to the property is good and marketable and there are no encumbrances that cannot be cleared through the regular processes. The appraiser cannot accept any responsibility for matters that are of a legal nature, nor is any opinion on the title of the property rendered herewith. D.J. Penwarden Appraisals Ltd. UNDERLYING ASSUMPTIONS AND LIMIITNG CONDITIONS 3 3. All copyright of this report is reserved to D.J.Penwarden Appraisals Ltd. and this report is considered confidential by D.J.Penwarden Appraisals Ltd. This report or any copy of this report thereof, does not carry with it the right of reproduction or publication in any manner, in whole or in part, nor may it be disclosed, quoted from or referred to in any manner, without the prior written consent and approval of D.J.Penwarden Appraisals Ltd. as to the purpose, form and content of any such disclosure, quotation or reference. This appraisal is to be used in its entirety and not in part or segmented for any purpose. No part of it shall be used in conjunction with any other appraisal or market study without the prior written consent and approval of D.J.Penwarden Appraisals Ltd. Without limiting the generality of the above, neither all nor part of the contents of this report shall be disseminated to the public in any manner whatsoever or through any media whatsoever or disclosed, quoted from or referred to in any report, financial statement, prospectus, or offering memorandum, or in any documents filed with any governmental agency without the prior written consent and approval of D.J.Penwarden Appraisals Ltd. 4. Market data has been obtained, in part, from documents at the land registry office or as reported by the real estate board. As well as using such documented and generally reliable evidence of market transactions, it was also necessary to rely on hearsay evidence. Except as noted herein, a reasonable attempt has been made to verify all such information. The information, which has been supplied by other persons for this appraisal is believed to be accurate and reliable and has been investigated to the best of your appraiser's ability. However, the appraiser cannot accept any responsibility as to the accuracy of such information. 5. The compensation for services rendered in this report does not include a fee for court preparation, or court appearance, which must be negotiated separately. The appraiser, herein, by reasons of this appraisal, is not required to give testimony in court with reference to the property hereby appraised, unless previous arrangements have been made with this appraiser. It is noted that this narrative report has not been prepared for court purposes or hearing purposes and in order to be utilized for such purposes it would have to be upgraded to a court level narrative report. 6. We have not inspected woodwork or other parts of the structure which are covered, unexposed or inaccessible and we are therefore unable to report that such parts of the property are free of rot, beetles, mould, termites or defects, structural or otherwise. 7. The estimate of Market Value herein contained further assumes that there are no outstanding work orders or liens, other than mortgages against the property and that there are no property tax arrears. D.J. Penwarden Appraisals Ltd. UNDERLYING ASSUMPTIONS AND LIMING CONDITIONS 4 8. The appraiser(s) herein is not a building inspector, contractor, structural or mechanical engineer or quantity surveyor; therefore, any comments and opinions in these areas and cost estimations are subject to verification by these respective professionals. it is noted that we have conducted only a brief inspection of the subject property and for a more detailed inspection, the services of one or more of the above or other experts would be required. In addition, the author is not a qualified land surveyor. Sketches, drawings, diagrams, photographs etc. are presented in this report for the limited purpose of illustration, and are not to be relied upon in themselves. 9. As the author is not qualified to give engineering advice. It is assumed that there are no patent or latent defects in the subject improvements, that no objectionable materials are present, that they are structurally sound and in need of no immediate repairs, unless expressly noted within this report. No soil tests for either load bearing capacity or contamination have been done, nor have tests been done of the heating, plumbing, electrical, air conditioning, or other systems and for the purpose of this opinion, they are assumed to be in good working order. 10. The estimate of Market Value herein contained is further conditional upon there not being any easements or rights of way over the subject property that would adversely affect any proposed redevelopment or additions, unless otherwise stated. It is further assumed that there are no title restrictions that would adversely affect the market value of the herein contained subject property. 11. No investigation has been undertaken with the local zoning office, the fire department, the building inspector, the health department or any other government regulatory agency unless such investigations are expressly represented to have been made in this report. The subject property must comply with such government codes, property standards bylaws, fire regulations, and other pertinent regulations and, if it does not comply, its non compliance may affect the market value herein contained. To be certain of compliance, further investigations may be necessary. It has been assumed for the purposes of this report that the subject property complies with all property standards and fire regulations, should this not prove to be the case the appraiser retains the right to adjust the estimate of Market Value accordingly. 12. The estimate of Market Value is further conditional upon the subject site and building being "environmentally clean" having no toxic chemicals, tanks, wastes, substances or contaminants located in the soil or structure. No soil or geotechnical tests have been done. It is assumed that there are no patent or latent defects in the subject property and comparable properties. Further, it is assumed that the subject property and the comparable sales have no hazardous or objectionable materials, unless expressly noted in this report. If any of the above should exist it will adversely affect the estimates of Market Value herein contained and the estimates of market value will not be .valid. Your appraiser takes no responsibility or liability for these matters as it is beyond the scope of an appraisal. 13.A cursory inspection did not reveal any Urea Formaldehyde Foam Insulation (U.F.F.I.), however, your appraiser cannot warrant its absence. D.J. Penwarden Appraisals Ltd. UNDERLYING ASSUMPTIONS AND LIMIITNG CONDITIONS 5 14. The estimate of Market Value herein contained is developed as of a specific effective date and reflects the market conditions as of that date. Subsequent changes in the marketplace relative to the economy (i.e. interest rates, etc.) changes in laws or government regulations etc. can impact on real estate values either positively or negatively. Therefore, the estimate of Market Value herein contained cannot be guaranteed beyond the effective date. 15. It is assumed for the purposes of this appraisal that there are no archaeological factors or concerns affecting the development potential of the subject property. If such exist, it would adversely affect the Market Value herein contained and a revision of the estimate of Market Value would be required, depending upon the extent of the remedial costs EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS 16. Per the Terms of Reference, the client has requested that the report be prepared on a narrative scope premise and reporting format. The client has been apprised of and has agreed to narrative level report. 17. Consideration has not been given to the effect on value of any anticipated off site public and private improvements, however, the impact of the opening of Casino Niagara and the Fallsview casino has been considered within the valuation. Further consideration has been given to the Community Improvement Plan (CIP) and the Strategic Improvement Plan (SIP) in the valuations. 18. In the valuation of the subject property, it is your appraiser's opinion that only the Direct Comparison Approach is relevant. The Income Approach, Cost Approach, Discounted Cash Flow and Automated Valuation Model Approaches are not considered applicable, and have not been used in the valuation of the subject property. 19. Consideration has not been given relative to economic demand factors, market area trends and the adaptability of the real estate for other uses. This would entail a feasibility study. 20.A market/feasibility study has not been undertaken as part of this report. 21. The appraisal report and estimate of Market Value herein contained is subject to revision as a result of a qualified building inspection report. It is noted that the valuation has been made without the benefit of such a report and there could be issues that such an inspection and report would raise that would affect the estimate of Market Value. D.J. Penwarden Appraisals Ltd. UNDERLYING ASSUMPTIONS AND LIMIITNG CONDITIONS 6 22. It is noted that the major acquirer of property in the downtown area of Niagara Falls is the Historic Niagara Development Group and their affiliated companies. The proponents are only willing to provide the appraiser with limited information regarding their acquisitions and no information about any options, share purchases, upcoming closings etc. without the appraiser entering into a confidentiality agreement. It is not possible for the appraiser to enter into a confidentiality agreement with the proponent without potentially compromising service to his client. Therefore, the appraiser retains the right to adjust the herein contained estimates of Market Value relative to data or information that may surface later as to unknown upcoming closings, current options and any share purchases that have occurred. 23. The appraisal report and estimates of Market Value herein contained are subject to revision as a result of a qualified soil test or geotechnical report. It is noted that the valuation has been made without the benefit of such a report and there could be issues that such an inspection and report would raise that would affect the estimates of use value or contribution to value. The appraiser is unaware of any tests for load bearing capacity and it is assumed that there would be no problems of this nature for any development. 24. The report is only valid if it contains the original signature of the author. D.J. Penwarden Appraisals Ltd. ct Pre -SIP Value May 7/06) cil Cj CD O P" o O O kri N En- EA 11 Current Market Value July 21/06) O O U 2., O O O o O O N 7t• Highest Best use b4 N N b�A 'p 'a '.-1 121•, O tip O N U b4 U 1) a JJ O O Q a) ct -z, c. 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CA 5 O• 0 U U 4-, c N E O Current Use ct A" 7i 0 n om Property Description '1.=. 44 Ly W a) C/1 Q, P y a ?..1 ,4 O N a) X11 a) v cn o W O N CD p 00 i N i-' 4-a d- L) a N rM a) z (1) o c (1.; 0 czt U a) U v) 0 0 N a a) cn at o N O 0 1) O (1) C1) cn U O H H 0 U a) a) a) U U a) U a) 4-, O U O O N N U E a) 1 U U U The property has been appraised on the basis of a Fee Simple Real Property ownership interest. liner at this location. crl 00 C/1 CT C!1 Pre -SIP Value May 7/06) O O O O O p ;;N• t---- kn N 00 r...4 c-1. E II Current Market Value July 21/06) 0 0 0 r- 0 o O c N In cT a~ EA 11 Highest Best use to 0 0 a) a) C., E E ao 0 P., a) ct O Size, Shape, Frontage, Zoning, Official Plan Designation, etc. O N cd r �,aw j d ct N N 71- r 'cil a 00 C/1 N O U z/] rip a) cA a) 7 .5 0 c,- c�i .Ct s-.• U c� 3 Current Use ct P-' 1 E al g O Property Description 4 a&/D v H o Ov oN OVUw a, 4-, o cla p c> 0 0 a M z z The property has been appraised on the basis of a Fee Simple Real Property ownership interest. ct d- z Pre -SIP Value May 7/06) a' o a> o o O p v� N O N M cZ II Current Market Value July 21/06) O O Cl N 0 o a `000 N c' M EA :0S g II asn lsag sau01H cA 17 O O 0 0 0 to 0 o b0 bA O c. t O Q v 6 m O O v rd ct O 'z3 v N U 0 c a O c,1 .E P Size, Shape, Frontage, Zoning, Official Plan Designation, etc. ct O N d- r.-1 al te, C%D O 6 O O N ct nwU}°��v�N N O VI v l O M N N .N N v c� F a.. 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Property Description 1:3 p at 4 4 V CI G4 r E- 00 4 u c+-, o c N E r a) j al b O 4 N mt "O a) a) H a) a) 0 1 4-4 LI b A 4-1 DU4, co N o 0 O d' '14 a tti 4 bJJ U N •a d cil o 4'' U O O v) cti vl A CI ct3 P a) cu c v a) a O 0 0 p 71a ccl v) o U U ca N cti r 0 O +•--.24 V) v U O U ct N U a.) Q, ct -0 N t r N ,4 ctt Q j to N N O P. a) sa O o 0 a N v� O N The property has been appraised on the basis of a Fee Simple Real Property ownership interest. z z 1—• N O o a) O E o U a> ct cn v U o ci) 7 cu 0 cu c o U O P., O O'o N CL')-- 1.) N Ct ,4 Gt c7) CD cil U V' 't S Q N cj N U ct Le a) CA gm .5 4, 0 ct ice. U N E 0 o oo o a, r j o l o ct al (1..) 1..) C4-I zip O 7 .4 7 N O U -0 c� j i- ID rd v a) a� 0 O d o a a� o v i o a) 1.-- H i•, R Cr) The property has been appraised on the basis of a Fee Simple Real Property ownership interest. 0o o, Pre -SIP Value May 7/06) O o O CD CD 1 .n N 000 N N 11 Current Market Value July 21/06) 0 a) o 0 O o M o trl N N 7-4 6-1 C 11 asn tsog 7s) tsauOiH o 5 o o 0 0 c U N 5O 0 N 0 N v5 U u. U .4.- O Size, Shape, Frontage, Zoning, Official Plan Designation, etc. a) a) U a) o ww� cl a) L O' C%1 a0 c L�/1 N U O a) U �,�N cu au C 0 U t.171 0 c7 p, 7.:., U 3 U O Current Use a,o U x cd a o 3 cLi '"C/ to a) cA VI cp a) 0 c� a 7j 'Ct U r, U r i-, c� Property Description a) 'ate Cis i, a) U N c. i+ U +-4 +J 44) U ,0 ci C!1 0 _o t4 i. O O U L) 4-, 9 ‹p A-+ z z 1—• N O o a) O E o U a> ct cn v U o ci) 7 cu 0 cu c o U O P., O O'o N CL')-- 1.) N Ct ,4 Gt c7) CD cil U V' 't S Q N cj N U ct Le a) CA gm .5 4, 0 ct ice. U N E 0 o oo o a, r j o l o ct al (1..) 1..) C4-I zip O 7 .4 7 N O U -0 c� j i- ID rd v a) a� 0 O d o a a� o v i o a) 1.-- H i•, R Cr) The property has been appraised on the basis of a Fee Simple Real Property ownership interest. z 0 0 0 O U 1 O 4 c U b�4 H 0 U 0 czt ct 0 The property has been appraised on the basis of a Fee Simple Real Property ownership interest. Z Pre -SIP Value May 7/06) O" rn O O N p 0 0 00 kri N M EA EA 11 Current Market Value July 21/06) ;44, O a) In o 0 0 O LA M (N 3 3 Cr' C 11 Highest Best use 0 Ei 0 7i O U O- Size, Shape, Frontage, Zoning, Official Plan Designation, etc. 0 a) v> N ct 0 X0 0 cf.) N O N 0 oo N E C!/ 0 ct3 d' c� O a) O a) O-+ b�A U U �'v1NQ0 r o 0 O O -`--5.4,- U 'r ,--i N 0 Current Use m t Q 0 N ct 0 S., O t O tt U U ,t 3 ,t N Property Description aza- o a.) 4) ct oUU4.. o M to A- O b4 O O -4Ln r z 0 0 0 O U 1 O 4 c U b�4 H 0 U 0 czt ct 0 The property has been appraised on the basis of a Fee Simple Real Property ownership interest. i w O z CA ct ct U 4 cu til up U o cA cu 0 O N c't CD 0 CU a) P. 0 o no 4-4 ct ct 0 U O 0 o O a) U c+-, cam, :14 ct CA CD 0 bA ct O 0 U CA 0 O o 0 -c up a) ct U1 up cu czt V) CA N O U U o o O O .-tt U U u -ti up s~ 0 r N N a) 0 U U N 0 a) a) bIJ cz$ CA a) CA a) CU CA up a) bA Z (90/L i anivA dIS a) q-), ct 0 Z Current Market Value July 21/06) a) N R3 O Zc Highest Best use a) ct ct N O z Size, Shape, Frontage, Zoning, Official Plan Designation, etc. N U U to a CU Ct o o o U (4 N u..00 o CD '7::3 F N to 4) O O cu sn• N cti a S�, a) c ct 4- O O N Tzi cu Current Use a) 5 o czi 2 lai v n N cA C) C) uogduoso Xiadoad O ;..I Au E-. O 0 O 40 f 4 C) i t W U Sal CD a) 0 Q-. o a) t o U a) to Q., -7; c!1 '171 O V5 4 C w O R1 O K E"" O H O a) C r11 j t O N O t.0 ct �j H N C. a r vim] f E—H L) O o0 r VD a., 00 i w O z CA ct ct U 4 cu til up U o cA cu 0 O N c't CD 0 CU a) P. 0 o no 4-4 ct ct 0 U O 0 o O a) U c+-, cam, :14 ct CA CD 0 bA ct O 0 U CA 0 O o 0 -c up a) ct U1 up cu czt V) CA N O U U o o O O .-tt U U u -ti up s~ 0 r N N a) 0 U U N 0 a) a) bIJ cz$ CA a) CA a) CU CA up a) bA ATTACHMENT "6" MAPS AND PHOTOGRAPHS PROPERTIES CURRENTLY OWNED BY THE CITY (SCENARIO 1) 1. FORMER COURT HOUSE PHOTOGRAPHS OF THE SUBJECT PROPERTY 1. Front v1ew looking south at the subject building from the north side of Queen St. near Erie Ave. 2. Second view of the subject building looking southwest from the corner of Queen St. and Erie Ave showing the flankage along Erie Ave. D.J. Penwarden Appraisals Ltd. 8 PHOTOGRAPHS OF THE SUBJECT PROPERTY D.J. Penwarden Appraisals Ltd. 9 3. View looking south from Queen St. at the western sector of the subject .Y 4. View of the westerly sector of the subject property looking southwest from Queen St. NOTES: z 0145 ,71X151 1. ALL DIMENSIONS TO BE VERIFIED IN HELD WITH CITY PROPERTY RECORDS. EXISTING CONDITIONS: PROPERTIES TO BEPURCHASED 70F; Z7.GAJ SL 1ST 10161 1 +4,750SF 4,saxx, 15.30(3.4 25T 1 0146 1 2o•Ericr,F 1 0165 21 .000SF 30,&30(;1:1 500,000GA 1 1 I 1 IL [7 I 1 1 1 1 1 1 1_ I 1_ 1 1 1 NIAGARA FALLS'. CANA111A 1 NIAGARA DOWNTOWN PLAN PARK ST. 0150 4 TH 1 1 1 1 ietitse: QUEEN ST. 1(71:77:77:7-7 7 17 177 17 4ttl.t.tr: Th 1 1 II 1K.Fi TBTT SI H 1TE PLAN LEGEND: ANDRE SOLURI, ARCHITECT. A1-0.11-11TECTUE j DE:',1GN DtALOPMENT iii 7 `.',TREET MA 9E1.V YOriK, 15709 M06111: 9172.04 7051* 212.57924:4 1 0, 1 WW1_1111,11R1i:01%1 5,700 9 7 011 1,500 1- 0 1 .5oo 02f. 5,000 7,000 0 1 15,00 1 I 3ST Subject 1 1, 11 1 1 1 1 1, PROPERTIES TO BE PURCHASED N6 N7 SCALE 1" 100' I .1 PROPERTY TO BE AQUIRED BY THE CITY EXISTING CONDITIONS PROPERTY OWNED BY THE cn TO BE PROPERTY BY THE CITY OVVNED AOUIRED BY HISTORIC NIAGARA TO BE PURCHASED BY NIAGARA. SCAIS l' —100 0575 61506 ,11171 NUML-1118 1 1 )1.i.A 1 ,Y114G NUMBER Al 00.6 9 D01 a- 0'210 6.EZO Li_ am L 1100 aco 9000 a. ckzo 7 azin 1_ 6 P•99- (r J.. 161' I 741 r i n 2 1 i ,7....•Ii 7 4 ,..F n t ITV I, 1 I 1,2 fl:- 1 .---*----------1 q166 10Vro 1 F., 2 6.'. I 200 i 1 0300 1, I 0600 6:' 2 1"' V,-, -I .-j'-::. ifIC 6100 L Zoo i' 1 0000 1 a 1 0 0- 0001 t. 7, 9,.0ef 66€ N97 I I L4 fI I' 4 307 9 Y. I 1 --LJ cc. '1 00 06 .13 7 r 7.\I "1\ 9909-666 Zsit) 91//0 I I P -/i6 9073 I I 95/0 3600 9600 ‘.3 C3 1610 ogo cri 600 5610 9610 •1910 6'600 9600 5600 0010 0600 0900 3600 CPI 0 6600 9508 11. 6c Nr 1600 9900 6600 1p 1110 9 T 9615-1)53 9110 *-3 5110 LLI 0i?c9-16c ,w76 ra'i ?I/O r i .g i I j 1010 6010 r. -;.-t ift 'f- c:, 3010 tt 9010 N i "i '1'9' 00/0 1 1 g 1 l i Z 9900 1270 C EXH DETAILED PIN MAP 62.(29 01 L900 4-13t79,_ )007S 6210 r310 1.000 0/60 r 6030 sn /1 666 Air7 y .3 93079 9/66-ri6c 669 1-1 r66 teVid L_ L1.1 CC CI, SZIO 90/0 0010 3010 1£0 I rr) ?IS '.;6: 1-/37n/ 1 ,a, :1 0-7 litr7o 4 'l, 'II: -g‘ "FT Fi L') 7 'C i 6 i 1 a c ri.• a r Fi 0900 6200 2200 T 9010 600 L 9030 2. ERIE STREET PARKING STRUCTURE (STREET LEVEL RETAIL LINER) PHOTOGRAPHS OF THE SUBJECT PROPERTY r! 1 4 I 1 '`1 vaa 1. View looking south at the subject property from the corner of Park St. an Erie Ave. D.J. Penwarden Appraisals Ltd. 2. Second view of the subject property looking north from Erie Ave. along the west side of Erie Ave. 8 444coire PHOTOGRAPHS OF THE SUBJECT PROPERTY 9 3. View looking southwest from Erie Ave. at the eastern sector of the subject property. 4. View of the subject property looking northeasterly from beyond the western boundary. D.J. Penwarden Appraisals Ltd. .1 NOTES: LU LH (7) 1. ALL DIMENSIONS TO BE VERIFIED IN HELD WITH CITY PROPERTY RECORDS EXISTING CONDITIONS: P-BOPERTIE• TO BE PURCHASED i .A. 0145 .37012F 1,370G0 2.,740C.L.1 1,7 0161 4,7,0,1" 7g.k_7> L 3S7 '0146 2,3.8.sonP 81 0165 121.000:F 30 X.1GID 600.000c, k---- 1 -7 ,---i— I 1 1 1 i 1 1 i I 11 i 1 1 •1 1 --1-- ;---T- -i j- EXISTING CONDITIONS I PROPERTY OWNED BY THE CITY TO AQUIRED BY HISTORIC NIAGARA NIAGARA DOWNTOWN PLAN 1 CANAT)A PARK ST. 0150 I 0149 1 /3i/txceiF. -,5 V 350.0 QUEEN ST. y T EGEND 6.700 4.500 9 000 /ST Subject 7 000 1 PROPERTIES TO BE PURCHASED N6 N7 SCALE 1" 100' ANDRE SOLURI, ARCHITECT SCALE 1 4650 Allq-1111:CTURE DES!GN DekLTMENT OAT 1,1;1 14114 STREF #M\ 'NEW YORK„NY MOF,ILE '.?17 f'HONEflO, 7i7 52g .24:;4 2c1.2. 19IME1ER (V:1 1 201.1 PROPERTY TO BE AQUIRED BY THE CITY PROPERTY :AQUIRED BY- THE CITY OWNED TO BE-PURCHASED BY HISTORIC NIAGARA. q0.3. Y 0 In 0 0390 6100 91GO 1/00 9100 9100 6220 Z /CO I 5 °o o c 1100 0100 6000 '1000 Vl „7•; z uo a t i:._. lfil••<.:.' 'c� 0X.3 2'00 C, 4-3.C.:-6 %5 TV ti� 2100 1 9470 6700 7200 :4:2.U0416 r I 0200 Win} m 1200, 3 ala 1210 :7 N 2\t- I Y600 c 3600 5270 1210 7PV V 1 1 11 1 �n Shbb9 )0012 7510 25/0 r', 2510 T 5510 9510 9510 1910 1600 2600 9 600 6600 0010 1010 7010 2010 2500 7500 Tri 1.500 .5500 9500 2/ 1500 9500 6500 1900 9 a Li a .Li w i P `y 1110 9/10 7110 6010 8010 101X.' 666 �i .4' )039 b 'I 0. C U. 5110 31/0 1 2110 u .'2 N4ifi i inn•' rn l I IT' ti EXHIBIT C EXHIBIT 1 DETAILED PIN MAP 4l 3 i _._1 S r 9 ?/,-66g !V'/0 9900 1710 D i 2210 o e� S o u� «f u. 0100 (7 Cb-. .ti ti I r 17 /ic 6070 H p\ 9r r 4 b l 99/666 3 'AJO'8 it bfl0 �i 1 1 1.900 7 100 n. 000; b 1'*96 -/J69 0011 Y 9.21C t- 50911 -1'65 1. 6 0210 1210 67 /0 0900 6100 9100 5100 100 97X3 r 5210 FL T YZ10 1 3 ry nJ 62/0 g a L 9220 c 3c; 0 5-- 0 3 E FXH7P,T SEW7R E.„ DIAGRAM M N -3 3. KING EDDY PARKING LOT 1. View looking southwest at the subject property from the corner of Queen St. and Zimmerman Ave. PHOTOGRAPHS OF THE SUBJECT PROPERTY D.J. Penwarden Appraisals Ltd. Second view of the subject property looking south from Queen St. 3 3 View looking south from Queen St. at the eastern sector of the subject property. Zimmerman Ave. is located along the left side. PHOTOGRAPHS OF THE SUBJECT PROPERTY D.J. Penwarden Appraisals Ltd. View of the southerly sector of the subject property from Zimmerman Ave. 9 NOTES: gi 7 t 0186 ;PO, :ST 0187 0188 010;1 ,7 I i t 11 L—Llt■.1 1. ALL DIMENSIONS TO BE VERIFIED IN E.:2 AJITH CITY PROPERTY RECORDS EXISTING-CONDITIONS •PROPERTIES ID BE PURCHASED SOOSF 02:57 6,0095F 3,5•00 7,000dA 0190 ICY./ &Oa. _______---0 1 •-....-as .-•---t-•-_-..4 1. 2 .--kv .1 1 Z1 94 1 ..8 "!..'2C7 ;0202 020' I LAMS, t.543CCF c o 'cos =i0764:4- 296.8 HURON I 1 C204 2199 '3,(3005F F T I EXISTING CONDITIONS PROPERTY TO BE .CUIRED BY THE CIT' PROPERTY OWNED BY THE CITY 7 0 7 7 7-77:79 ROLN CURED BY THE CITY OWNED AOUIRED BY HISTORIC NIAGARA 'TO BE PURCHASED BY HISTORIC NIAGARA :NIAGARA DMA/NI TOWN PL ARCHITECTURE DESIGN DEVELOI`MENT: NIAGARA-Flit r.ANADA f: 1-411.1 7111161 41/6 NIW 16009 11 91 ;4 AI', 2 1 2 :‘,..21•2 Crity1 DRAWING NI 1vil-3ER ANDRE SOI URI, ARCHITECT 7CALE 1=1017 DAIT 6 19 116 :1...'1F Al fb,30 1 1•99-;i6c1 9110 3 I 2 cc: Li 1 ,614,..! 1 1 reiro t rim 7. ;Ai 7 7 '3 7 :;9fir-wi; r :ii:.,:;...,- rf 7,,, a_- LJ 0 0 I r 14— r 9991 r :13e ..9.: NT i' (1:: •-3 12- 0 .Gt'/7L79 9 sic I r.750C ;7900 9900, goo. 9900 -99' 1900 It' !v ascro d- o; 1500 F., "A T 1 9900 -/9 6500 99/0 Lo ;9. g S J 'i C_ I O C910 it, -i r 1 01 r ,..-gre H ,2,,,,, .1 4• 1 111 10 r' a 1;: n wo 1 59 -1 r, i I ,E 4.165 1 1 1 7 I ....4----I— 95/0 I 1r j T. t2, ;i:2 1 F,, i T I T I_____1 T. Q-, Qs ,:..r.,:, t -I I :--,1,, 991C l T z -r ,1 I 1 1 I hr i iil I- I i ir1 Tri Art 1 000 9 EXHI3IT DE.TAILED FIN MAP 59-64:165 41 N I R 090 o 1130 i 9090 --Z. I i 0190 5130 m 1090 " 1 5920 1 i g I 50911 165 1100 gi cc:9 rr-b;6s Ns- 9, 2 ilt7d V 1 \7' 7. ar:p 6100 0200 3100 j 5100 *100 2, r a .20o zoo 0090 4. PORTION OF PAY PARKING LOT PHOTOGRAPHS OF THE SUBJECT PROPERTY 1. View looking southwest at the subject property from the corner of Park St. and St. Clair Ave. D.J. Penwarden Appraisals Ltd. 8 2. Second view of the southerly sector of the subject property looking west from St. Clair Ave. PHOTOGRAPHS OF THE SUBJECT PROPERTY 3. Second view looking west from St. Clair Ave. at the subject property. D.J. Penwarden Appraisals Ltd. 9 1ST 2ST 093 5003F 20000 000(31 NOTES. WITH CITY PROPERTY RECORDS 7L74 0063 EXISTING CONDTIONS: PROPERTIES TO BE PURCHASED, ,0033 .4,600G0 9,200CA 2ST 10.200Sf: 9COGD I 9.00GA 4ST B000CA 2ST FARKS i 1 1ST 1ST 1 I 1 00611 0060 0058 0057 0056 0055 0054 1 4100 9.00051) i 3,6=r 3.300-SF 5,0004.F 7,50031) 9,000SF 1 5,0005F 1900600 1.000. '1 22100Gd 4.100. ::•400. .1,90000 '3.400l3D 5,900031 9.000G9 10.00000 5,700c, 257 2S i QUEEt, 0064 0065 0067 41.1L11.SF ,:8.61X1SF 2 .000. 4.20000 i 4,000C, .13, 100,4 00 5.05037 HURON IL 1. ALL DIMENSIONS TO BE VERIFIED: IN HELD EXISTING, CONDITIONS 0053 F JI 0072 0069 0071 0153 ,,200SF 1 00. 20 S.7 0 00C.0 00,, 5,1 1 SSF i 7 700, Ca, ".3ST I PROPERTY OWNED BY THE CITY TO BE AQUIRED 1 :3`(: HISTORIC NIAGARA 0052 ,sarsF I 5,10000 4,500. S.t.OGO 9,0006,, :n•T ZST 2,37 7'71- ,141:4111 ANDRE SOLURI, ARCHITECT NIAGARA nmillNITOM PLAN: ARCHITM DESIGN. Dtl,T1(.1PMENT NIAGAiiiki `.3. CANADA 0 1 -1 k•::',T Rai 4 MA NBA/ YORK. 67 10009 f: 7.2 04. 7060 PHONUF AX 312 :20,2434 WNW :30610 311)0 Subject I 0090 0098 ,.2.00G0 0089 3.20050 2.000. 2ST 1 0 103 ,GOGYSF 700Gi 1ST2 0105 0106 07 Q7 203551) 0122 7,50031) ,,FtoGo PROPERTY TO BE AOUIRED BY THE CITY PROPERTY AQUIRED BY THE CITY OWNED TO BE PURCHASED BY 'HISTORIC NIAGARA DRAWING MMBER: SCA_E. 1'.l0)2 I 02(5 61906 00 2 1 006 71170F157 11t121 1_. Z 8 "1-- t I ,-,-L 8 1 1 C' r\, ;300 'n 'n 1 6000 L..' -.V., i Lc, 1 k 1 °coo V /200 00 _I •?,1 V 1000 1 i e. 6/00 t; 4‘, 1 L. 9100 i:' 1 1-1 2c00 i r----■ 110° g c'i 1 c' Isar 6 1 6200 I i, 1 3/co t 8 r i 71 1 s fL 1- 4' c, 9100 6100 SC00 2000 9000 t SCCO V _7210 s'' friV7c ii•,••••T .k ".7 d t 01 Q.. fCCO :1 0916 I 1 cg.10 t i_i 1,r., i'' ,gie .1 ;:i; --t -2; V ;510 20 1.7frki .l.i6S7 ?eV 7 d g 1 6CC..; 1 S:;0 1 1 96,0 2&. ,110 2 i 6a.`3 i '7606 ,3 el. 3010 9110 I 1--- 1 100 lf 14 _1 i .i'l LI 9600 ,2 ?..900 t ctio 11600 C3 4 I k i >1/0 ;010 t ci, I 11 IZfri-.16 11C A ;010 C I tj L1 1$ T I n L c.-. ","3, ::,/010 CI:: 'au_ Sf/C 6010 r,1 -1-.. i 301,9 1 1 '2 0'/O ..--2:o 1 010 9010 210 7/101 ;47,1,1 ,6,1 N77 I 95/0 I i 9510 i 1 I 4 I 1910 1 1 102 2000 zt St ?0010 /5/0 0500 61100 0900 /900 900 000/ iVlg' becii Nr 1000 99 6 5500 i E 900 T; T 9900 :i g I r ..SCO .11i -i• 0200 i 1 9 1 /200 ',,,i..; 3100 r 1 DETAILED FIN MA. 3 JO 75 1 ■X'l -1 1 1 1 Lj J /1 1 I 4 N 1.„:, I kr1 ,T; :1 1 1 L- I 'i '-i= 1 2 Q.. t t t t t c. i 4. .•-..I i 4 9000 120 0 90Z0 5- -2/20l 020 ,7& V7id 31/021 11fl. 1/60 1 0E00 1 sioo N woo 3170! 111 ,d 7314 666 3 ;73075 1109;]-&65 11571/ /3 >i3-07,c7 5/29 /1-1/65 9200 fr+96-H60 .W7ei 1 5. LANDLOCKED TRIANGULAR PARCEL BLOCK N8 PHOTOGRAPHS OF THE SUBJECT PROPERTY 1. View looking southwest towards the subject property from Park St. The back side of the Happiness Inn is in the back •round and the former rail line on the right side. 7 2. Second view of the subject property. The former railway corridor is situated on the right side. D.J. Penwarden Appraisals Ltd. Wu NOTES. 1 ALL DIMENSIONS TO BE VERIFIED IN FIELD WITH CITY PROPERTY RECORDS PARK ST. 0031 0026 1 1 69-10730 6003F 2 XXV, SOIJTHERN 4( i 0)0G0 RAILWAY •,1 i et332 Subject 033 0 12.,oczy.co 80.6 171' QUEEN ST, :21042. S,1300, 0046 5.0c 0047 2 SOW:7 0048 2500,3F 0049 3 600:17 0053 :0C4ir2 0052 0054 2.900Si 0055 0034 3.9.4CC6F 19.600c..,A7. 2ST7 0050 005 ,„301.F Hi F 0045 0044 3.,..13SE EXISTING CONDITIONS FROPERPf OWNED BY THE CIIT TO BE AOUIRED BY HISTORIC NIAGARA 0040 LEGEND: ANDRE SOLUR1, ARCHITECT EXISING CONDITIONS: :NIAGARA DOWNTO AN liCHI TETURE DL 6N LA VENT -PROPERTIES.TO BE PURCHASED NIAGARA 1- ALS 0;44.2,GA cy,. '14 SniEE7 MA NEVIi sft)i. NY 10009 1:29 2434 s 'et'WW 5D0HI C/A 1 .-'-'R.OPERTIES TO 88 PURCHA: S8 SCALE 1" O0' PROPERTY 10 88 AOUIRED BY CITY PROPERTY AO U I RED BY THE CIT'Y OWNED TO BE PURCHASED BY HISTORIC NIAGARA ',GALE 1= WO' OATE i06 01.7 8371 4.77.410D <1 0 0 --J ONTARIO I I i 000.3 1 I I I 1 6006 'xur i 1 13 1 1 '----:--1 L.,_ I L PI 4N. 595(-9106 MC 1 LL- c`C-.-7-'-''''-;---:- CO# fi,- c' k SCLE 4 h fAYADA I jb MINISTRY OF CONSUMER AND COMMERCIAL RELATIONS 5 INDEX lviAP SHOWS ALL JPERTIES EXISTING iN LOCK SHEET N SEPTEMBER. :999 PLAY 59R-1g:30 fIRE Jo Subject A !1' 00(5 0025 022 I A CAVAN SainitraPi r,111,V 0020 'LW 59P-!07.3C' 005 PROPERTY IN A P BLOCK 644-45 OF N!.AnA.A. F1 .REG.muNicp,zo 1 oca 0, x.;;c' 1103 03 1 '7tr Tr ‘:i'l -l 1 ,1 CZ ,'I 1 ..9.5 PLAY 595-4035 SHEET 3 77 EXHH C DETAILED PIN MAP t.--- 0005 I P '195-3586 05 I 1--- 0 L' F F \1 S Ft F 77 I i, 5015 59,9-4185 7 -0-: I •I H 0042 1 i 5 3 0046 1 0044 L. 0047 ,..:3,, a '2:i; I J1,0 C" 0350 X4.9 1 (1,43 1 .0052 i 1 .--Q- -,1-/ 0054 i 00551 ,i. i 1 114 3MP FREEHOLD PROPERTY BOUNDARY 1 -8 LEGEND LEASCHO!, PRoPERT BODNOARY NATURAL RESOURCE PROPERT, BOUNDARY FREEHOLD PROPERTY NUMBER LEASEHOLD PROPERTY NUMBER NA fuHAL RESOURCE ROPERTY NUmBER 0147 T OwNSHm FABFK STREAMS, RIVERS UNDER,. i:ABRIC. EASEMENT 6. CATARACT AVENUE PHOTOGRAPHS OF THE SUBJECT PROPERTY, D.J. Penwarden Appraisals Ltd. 7 1. View looking north at the subject property from just inside Queen St. Ave. River Road is in the distance on the right side. 2. View looking south from the corner of Park St. and Cataract Ave. at the subject property. 1 I iLL] I NOTES 1. ALL DIMENSIONS TO BE VERIFIED IN FIELD WITH GIP( PROPERTY RECORDS EXISTING CONDITIONS: PROPERTIES TO BE-PURCHASED 0026 69-10730 1,600SF SOU THERN RAILWAY 4fk1. QUEEN ST 0042 0046 5.000SF 1 11. 0047 2.5000SF 0048 -2,soofx 0049 3 tp3..SF 0053 80•6 0052 .000SF 1 0034 39.-40F 9.8•004;13 10E00,, 1,5 TT 0050 '17 I 5, 500SF 005 3055 0054 1 .500SF H URO N L; 'a.) S 0030 ‘3,4401351 '500GO 211( 0031 :2.000SF ISx� ITSIOCCA a032 f_HO<L:0 1 4-2.-X,4 ,0033 5 .00sF r 600 GO e 0045 :-.3006 0044 3.900S, 1ST 0039 Subject 0041.13 TT 1\1 PR3PFP.T1F3 TO 3E PURCHASED 38 39 SCALE: 100' LEGEND: EXISTING CONDITIONS i PROPERTY TO BE A.OUIRED BY THE CITY PROPERTY OWNED BY THE CITY TO BE PROPERTY AQUIRED-BY THE CITY OWNED AQUIRED BY HISTORIC NIAGARA 10 BE PURCHASED BY HISTORIC NIAGARA „ANDRE „c,OLIJRLA,F, NI.I/-\GARA.DOWNTOWN PLAN ARCHDICTURE DESIGN DEVEL(PMENT 0GARA t 4111 MA NEW Y1). NY 10009 ai° P-!iEr. '212.529 24:34 6 1.1ME:ER OF, St:A..1;M crim SCALE DRAWING NUT.1911I DAIL 06 Al 1 LD -J 0 SC ALE Pt A. 5.9P-996 f.....;.- H 15 Cf, 2.1" r; i 001 c O Q-6- 7 PLAN— 5 MINISTRY OF CONSUMER AND COMMERCIAL ONTARIO RELATIONS HIC INDEX MAP SHOWS ALL f- EXISTING IN LOCK 6545 SHEET: N ';,,:_PTEM5ER I; 1 SSS 1 i I 000.3 i 1 g arlar I X -77 4 100 1 5 r X31 2 5 V59R-I0.7p,41 1130201) 5 :1 ;11 06i! 0028 isourHenoy 1 t L_____2. 0033 10 4 f.". t. i 3 te i I— --1- T. 1 T 7 579 i4- .b.„.,7' ,-1.- i 0035 I PL JeY J917-3.586 1,,,< 1/9 0,1 I ----r, 4 1 E t---.. C c7AgF7 -4// ,.L.41 59R-4185 -2 N 3042; 1 i 0045 /1",,. I c., 51a 9.3 8. i f i 3 C? i 1 ..1.1 i 1 0050 i 7 1 oo5 i /1 1, 0054 00551 i M A 0 SCII,E 0020 PO43I 59P-10730 a021 0025 FPOFFRTY INDcX MA.P BLOCK 644 CITY OF NIA FAL! S. LOT 93 SHEET rETATL PIN MAP CO23 r 5 LEGEND ritEENOLD PROPER, BOUNDARY LEASER°. PROPER, TIOUNORRY NATURAL RESOURCE PROPERTY BOUNDARY ',ELBOW PROPERTY LE,■SEHote ,PROP(/)( uumeef; RiscoficE PROPERTY NUMBER 0147 TOWNSHIP INANE. STREWS. RIVERS UNDE RL !ONG rABR EASEWENT- 7. LANDSCAPED LOT PHOTOGRAPHS OF THE SUBJECT PROPERTY 7 1. View looking northeast at the subject property from the corner of Queen St. and Zimmerman Ave. River Road is in the distance on the right side. View looking east from Zimmerman Ave at the westerly end of the subject parcel. D.J. Penwarden Appraisals Ltd. PHOTOGRAPHS OF THE SUBJECT PROPERTY 3. View of the central portion of the subject property looking east from the interior of the parcel. 4. View of the subject property looking westerly from the easterly end of the parcel. D.J. Penwarden Appraisals Ltd. 8 1 0042 s 0046 I s.000sr I FL_ I 0047 0048 I 2.5a3SF 0049 N L- PARK ST. 3 WO:3F 0052 OcF 0052 0054 500SF 1 ALL DIMENSIONS 1005 VERIFIED IN FIELD WITH CIP( PROPERTY RECORDS EXISTING CONDMONS: PROPERTIES:TO BE PURCHASED 0055 6,00.F QUEEN ST 0050 305 'HUPnN 0045 0044 i 3.3003F NIAGA5A.E..:11.1S,'C.:4•4. 0040 11 AO., 4.7001,0 VOGA 25 T T ,1 2 1A NOTES: LEGEND: EXISTING CONDITIONS 1. PROPERTY TO 8E AGUIRED BY THE CITY 1, PROPER1N OWNED BY THE GIP!: TO BE c7 PROPFRITh( AQUIRED BY THE CIT,Y OWNED i 1 AOUIRED BY HISTORIC NIAGARA 7 TO BE PURCHASED BY HISTORIC NIAGARA N i n f INIAGAPvA DOWNTOWN PLAN 1 ARCHTECTURE DESIGN DEVELCPMENT 1 PROPERTIES TO BE.PURCHASED 58 39 SCALE 1" 100' SCALE 1.100 O 1 6:11 E 14TH STI:E:ET MA NEIN s;ORK NO 109] 31(294.7000 PH AY, "..712 9 24:14 t, NUN:KR 0521 DRAWING NUMBER AlOM UD SCAL MINISTRY OF CONSUMER AND COMMERCIAL ONTARIO RELATIONS HIS INDEX MAP SHOWS ALL POPERTIES EXISTING IN LQ.CK 6441415 -SHEET I N SEPTEMBER I, I99.9 P 5TP 0050 0049• I 005,3 10051 5914:70,71 11 12 00 4 00551 I. I 3025 4L49 599459:53 I 1 i ■1 I 11 Ft 015 i i !100071 0 0018 1‘ i ;•c. 0006 ,,11 ,1_12 LL 14 1 1 59ii 06 1 1 L., ''' :,T,66 --1 r xi/ c Q. 9-] r-9 ?LAN 59R-10730' 0020 1— 7 I it 0021 4 I,W VA NarrHERN ii.W.WAY I (-2 1 0026 PLAY ocji 1H. 59H-ta730 cami tif c-o-IT! Cta39 CM/. 4P'j SCLIMEAV 0028, 0033 9 HANNAY E c=y J 4 trJ 0, 7 PLA 599-1035, CC t_u 1 /L1E F Ai" i ?LAN 59R-4185 --1 6 f\ F -4 0042 i 1 0045 7 4 i i 1 j.5 i c! i 3; 8 4\• 0 i ,1 co,47 9. 0048 SHEET 3 7 ,7 INnp„ C:k„ 64415 CI-TY NIAGARA FLL'S •RFC r F( X H T I DETAILED PIN MAP 4 :3023 '4' LEGEND rRCEHOLU :PROPER, BOUNDARY LEASEHOLD PROPER', 30LINOARY NATURAt RESOURCE PROPERTY BOUNDARY !FREE.. PROPERTY KINSER 014r LEASEHOLD PR/PER!/ !LIMBER HA N.IPAL RESOURCE PROP., NuMAER 0/47 OW 5 1. 1R ,EPC ,TREALIS, RIVLRS UNOERLYING ABR.: EASEMENT ijj LU -6 Ot7-6.1_ gtvY. (r, E E J) t- 0000 z 0000 op 3 n ±3tt1213 O99 2„gb ,C002 N 4 L121 T J1, Paa0) P0.09 I I 3 gb. C.)0 N N 3nN3AV NV1/41:131AINIZ ■:"5-) r as UDtd) ;00.09 8. TRANSIT PROPERTY RETAIL FRONTAGE ON ERIE STREET svereir 740PEA BRIDGE STREET 6432801 80040 b,43280025 64328023 643280 6432800 43280 32801 643280 4328018 6432801 6432801: Oct. 10, 2006 Teravie• 15 30 45 60. 75 90 metres Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the ,Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer, Service Centre: 1- 800 208 -5263 (Toronto: 416= 360 1190) Location of City's Use (CIP /SIP) Eastern Gateway Eastern Gateway Parking Structure (Rear portion of property to be severed for structure) Parking Structure (Rear portion of property to be severed for structure) 015 OIS z z Pre -SIP Value V/N V/N V/N V/N Current Market Value V/N V/N V/N V/N Current Owner II I- 2030688 Ontario Ltd. 4686 Zimmerman Avenue Ltd. 4351 Queen Street Ltd. 2030588 Ontario Ltd. Property PIN Number 4674 Zimmerman Ave. PIN #64445 -0046 4686 Zimmerman Ave. PIN #64445 -0048 4357 Queen Street PIN #64328 -0158 4337 Queen Street PIN #64328 -0155 (LT) M 4 Scenario 2 Acquisition by the City of Properties Currently Owned by Mr. Lichtman SAKaren\Reports to Council\Downtown\Downtown Property Plan Report Scenario 2 Attachment.wpd Attachment ``7" ATTACHMENT "8" MAPS PROPERTIES CURRENTLY OWNED BY MR. LICHTMAN (SCENARIO 2) i kANt I 350 420 feet Oct 3, 2006 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1 -800- 208 -5263 (Toronto: 416- 360 -1190) S ao ucm-71-64AF 643280 149 MARKET ST S Ma 0 IA Te raview 64328 0 39 -78- 117 156. 195. 234 feet Oct 3, 2006 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents :recorded in the. Land Registry System and has been prepared for property indexing purposes only This is not a Plan of Survey:. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 208 -5263 (Toronto 416 -360- 1190) ;4 CD ct Scenario 3 Acquisition of Properties from Private Land Owners City's Use Eastern Gateway Maps S10 S18 Attachment "9" ots oIs oIs OTS 0 I 0Is oIs OTS antuA dIS V/N V/N V/N V/N V/N V/N V/N V/N Current Market Value V/N V/NI V/N V/N V/N V/N VIN V/N Use (where known) Commercial Motel Residential Single Family I�tuoN IrImapIsoN Residential Rental Apartments Residential Rental Apartments Residential Single Family Residential Single Family Residential Rental Apartments Property PIN Number 4671 River Road PIN #64445 -0044 4680 Zimmerman PIN #64445 -0047 4694 Zimmerman PIN #64445 -0049 0500 NId pto) zan1J 16917 4701 River Road PIN #64445 -0051 4706 Zimmerman PIN #64445 -0052 4706 Zimmerman PIN #64445 -0053 4712 Zimmerman PIN #64445 -0054 N M d' LD N 00 CD ct Scenario 3 Acquisition of Properties from Private Land Owners City's Use Eastern Gateway Maps S10 S18 Attachment "9" OTS OIS 8IS 8IS 81S 81S 8IS 8IS V /NI V /ICI V/N V /ICI V/N V/N V/N V/N V/N V/N V/N V/N d/N V/N V /ICI sluaurt.wdy p ua2I IrrtuapIsaJ Vacant land (10 feet sliver) Residential Single Family Two houses on one lot 1Iture3 al'uJS I�ituaplsa� Residential Single Family Residential Single Family Residential Single Family Institutional Church (Impact limited to an existing Church driveway affected by possible road closure) 4711 River Road PIN #64445 -0055 Zimmerman (no municipal address) PIN #64445- 0043(R) 4734 Zimmerman Avenue PIN #64445- 0058(R) 4733 River Road PIN #64445 -0059 4742 Zimmerman Avenue PIN #64445 -0060 4745 River Road PIN #64445 -0061 4755 River Road PIN #64445 -0062 4750 Zimmerman Avenue PIN #64445 -0063 01 01 II Z I j7 I SI 91 dew IN IS IS is IS IS ZS ZS IIS IIS nnluA dIS V/N V/N V /N. V/N V/N V/N V/N V/N V/N V/N Current Market Value V/N V/N V/N V/N V/N V/N d/N V/N VIN V/N Use (where known) Commercial Mini Plaza saogJp MCI Irto.zauzuzoc aiotS ionbrj montumop dogs q I1 oJauzcuoa 1 ll 3 al u! Ieit Residential Single Family Commercial Chiropractor Commercial Vacant Commercial Vacant Commercial Institutional Bank Property PIN Number 4632 Victoria Avenue PIN #64329 -0054 4786 Queen Street PIN #64329 -0096 4694 Victoria Avenue PIN #64329 -0097 4716 Victoria Avenue PIN #64329 -0098 4770 Queen Street PIN #64329 -0099 I 4760 Queen Street PIN #64329 -0100 4750 Valley Way PIN #64329 -0104 I 4740 Valley Way PIN #64329 -0106 4790 Victoria Avenue PIN #64329 -0160 ti 4796 Victoria Avenue PIN #64329 -0166 r--+ N cn 'I 00 01 0 I ct op c+4 o d- 1.) ti) ct A-1 dew 9N 9 N I 'I 9N 9N 9N 9N antBA dIS d V/N V/N V/N V/N V/N V/N anlrA )1.1r JAI tuann3 V/N V/N V/N V/N V/N V/N Use (where known) Commercial Law Office Commercial Vacant Apartments above anogi stuau n dy po.zauzuto3 Commercial Insurance Brokerage Commercial Variety Store Apartments above Commercial Bar Apartments above Property PIN Number 4622 -4624 Ontario Avenue PIN #64328 -0160 4343 -4349 Queen Street PIN #64328 -0156 4311 -4313 Queen Street PIN #64328 -0153 4303 -4307 Queen Street PIN #64328 -0152 4299 Queen Street PIN #64328 -0151 4315 -4317 Queen Street PIN #64328 -0154 N cr) d' V) cu tO cd Structure Map N6 dvw 6S /8S Pre -SIP Value V/N N/A Current Market Value V/N V/N Use (where known) icIluzm 0l5uIs I u Tt uapxsaI Residential Single Family Property PIN Number 4257 Huron Street PIN #64328 -0206 4259 Huron Street PIN #64328 -0207 ,--I N to al City Parkette Maps S8 and S9 ATTACHMENT "10" MAPS ACQUISITION OF PROPERTIES CURRENTLY OWNED BY PRIVATE LANDOWNERS CITY'S USE (SCENARIO 3) 643'80 le r 5p� 6432S01 o43 643^80199 HURON. STREET T raview` 0 70 140 210 280 644450 350 420 feet Oct 3, 2006 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 -208 -5263 (Toronto: 416- 360 -1190) 1 cjry Ik1�b Pki V4 T LLV o u d b 0 3y MA. L1Ltf /1 z 0 '1. TER ME 1 Oct 3, 2006 Teraview 0 40 30 120 160 200 240 feet Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800- 208 -5263 (Toronto: 416- 360 1190) krvi+ r LLy c t� fl.7U 643290 Y T%RANEI Teravie' 40 30 120 160 200 240 feet Oct 3, 2006 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 208 -5263 (Toronto: 416 360 -1190) 643290229 093 TtfigelE1 Teraview 9 s il 0 40 30 120 160 200 240 feet Oct 3, 2006 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1-800-208-5263 (Toronto: 416-360-1190) Pkivig L 4/ 1 6743290229 6432900 W N 8 JE rg104 64330 TEk ftEI Teraview' 0 43 36 129 172 215 258 Feet MINME Oct 3, 2006 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been .prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1-800-208-5263 (Toronto: 416- 360 -1190) E DEWS&I i- Ivi TL1 vUL) (.3 Ow E-b \i i H2 .328016 Te raview 1 x cc 643280 6432801 0 9 18 27 36 N6 643280 M ARKET ST S 45 54 metres Oct 3, 2006 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1 -800- 208 -5263 (Toronto: 416- 360 -1190) CCO oa 00 N C cc<1 M, NOTES; nittiMtIn ?SAT EXISTING CONDITIONS: PROPERTIES TO BE PURCHASED 1. ALL DIMENSIONS TO BE VERIFIED IN FIELD WITH CITY PROPERTY RECORDS 01? 0190 r..10r 01,4341.. N ST. 6+1 PP-fle C*Itz elisikeire .._1 E(STNG CONDITIONS fqlettrel b20 4i 0200 &MOM 0202 I 1.2e.P.1 I\II, DOWNTOWN PLAN NIAa'AllA FM 0 CANAI)A 0194 4.1,Rszr 1,3002.1 38 J t Vd: 7. 01 0q PROPERTY OWNED BY THE CITY TO BE KURE() BY HISTORIC NIAGARA LEGEND: 1 PROPERTIES TO 3E PURCHASED S8 S9 SCALE log LI I LI 1 ANDRF SOWN, ARCHITECT AMCI DESIGN DEVELTMEN1 551 F NEI t$FIN YCfII0jr 009 moil! 0: 1117 204.70611 PHONE/PAX: 212.526.2434 20i.1.1141.C. SCALE: it. 1‘XY nATE: 610.06 JOH HUMFIER: 11821 LIT 0 ti&] 0 [b a/ i'42L1C Th./ y owl.) '4-h PFiOPERTY TO 3E AQUIRED BY THE CITY PROPERTY AQUIRED BY THE CITY OWNED TO BE PURCHASED BY HISTORIC NIAGARA nRAwNG NuMEIFII A100,4 dey� 9M 9N 9N I I 9N 9NI Pre -SIP Value V/N V /N V/N V /NI V /N. Current Market Value V/N V/N V/N V/N Use (if known) 0o1 M11 pto.zauTUtoa anogi stuaurt.zudy 1ueouA leta.zaututoa Commercial Apartments above Commercial Insurance Brokerage Commercial Variety Store Apartments above Property PIN Number 4622 -4624 Ontario Avenue PIN #64328 -0160 l 4343 -4349 Queen Street PIN #64328 -0156 4311 -4313 Queen Street PIN #64328 -0153 I 4303 -4307 Queen Street PIN #64328 -0152 4299 Queen Street PIN #64328 -0151 N M 71 tri r Queen Street (Erie Avenue to Ontario Avenue North Side) Scenario 4 Acquisition of Properties from Other Property owners Mr. Lichtman's Use Attachment "11" dew CN Pre -SIP Value V /ICI V /N. Current Market Value d/N Use (if known) Commercial Law Office (Restriction on expansion of existing office use on Queen Street frontage) Property PIN Number 4625 Ontario Avenue PIN #64328 -0097 4397 4401 Queen Street PIN #64328 -0093 r-1 N cq CV d &JAI Zir Pre -SIP Value V/M Current Market Value V /NCI Use (if known) Property PIN Number i 4274 Bridge Street PIN #64328 -0172 M Erie Avenue (Bridge Street to Queen Street East Side) 4 Huron Street (Zimmerman Avenue to Erie Avenue North Side) 6S /85 6S /8S 6S /8S 6S /8S Pre -SIP Value V/N V/N V/N V/N Current Market Value V/N /VN V/N V/N Use (if known) Property PIN Number 4239 Huron Street PIN #64328 -0204 4239 Huron Street (separate parcel) PIN #64328 -0202 Huron Street (no municipal address) PIN #64328 -0200 4711 Zimmerman Avenue PIN #64328 -0199 N M 4 4 Huron Street (Zimmerman Avenue to Erie Avenue North Side) ATTACHMENT "12" MAPS ACQUISITION OF PROPERTIES FROM OTHER PROPERTY OWNERS MR. LICHTMAN'S USE (SCENARIO 4) C. /Ty o 'Ja L) GI/j n nWdoeiD 'Pa, /ktE4y owi\JE 1! ERANET Te raview' GC 0 CC 64328015 643280 MARKET ST S 39 78 117 MIK 156 195 234 feet Oct 3, 2006 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 208 -5263 (Toronto: 416 3604190) ;.T4 w N E N6' 4 4i 4 1: TERAPSET 643280091 43280 Te raview' oc 0 oc 0 8 CrN QIJEEN STREET 16 24 32 40 48 metres Oct 10, 2006 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared For property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 208 -5263 (Toronto: 416 360 -1190) RIDGE STREET e_L-r7y ow/VE6 (TRAVELLED ROAD) 't E RaNE( Te raview 64328018 0 8 00 Cr) 643280 PARK STREET 16 24 32 40 48 metres Mal Oct 10, 2006 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 -208 -5263 (Toronto: 416 -360 -1190) ter E 44 ITA.W,I■x:44141". L.4-$ jcu C=" ti6 C186., 1 ALL DIMENSIONS TO BE VERIFIED IN FIELD WITH CITY PROPERTY RECORDS EXISTING CONDITIONS.: PROPERTIES TO BE PURCHASED I 1 netInil I L 017 I 0257 0188 T 1 a.cnonr .1.1ax7,0 I 211 U193 fln ii,000nr I :41T 01 0.4 38 MOM'S NOTES: LEGEND: PROPERTIES ID 3E PURCHASED 58! 39 SCAlE:1" EXISTING CONOMONS PROPERTY TO B AQUIRED BY II-IE CITY PROPERTY OWNED BY THE CITY TO BE 7 77 77 -3 ACIUIRED BY HISTORIC NIAGARA r- 77,7 -7.7 7.1 PROPERTY AQUIRED BY THE CP OWNED TO BE PURCHASED BY HISTORIC NIAGARA DRAWING NUNIEFR ANDRE SOLLJRI, Af-CHITECi SCALE: r. l'■IrAGAFiA DOWNTOWN PLAN Aricrifricilin nf.:',51GN DEVELODNICNI NIA(,111A FA/ I P, cANnfm DATE: CI V1.06 651 E. Hill SIREET #MA 14P,At YGRN, /klY Uhle9 MOCII 9 PHONEIF AY- 211,5751.2414 JCli Itkifib1: 0621 WWW S01.1.113f.tom A100.4 Corporate Services Department L- 2006 -36 The City of Legal Services Karen 1 Kelly Niagara 4310 Queen Street P.O. Box 1023 City Solicitor Canada J= Niagara Falls, ON L2E 6X5 -'114.111111111 web site: www.city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: 1. That a portion of Grassy Brook Road being that portion located between Morris Road to the west and Montrose Road to the east and designated as Parts 2, 3, 4, 5, 6 and 7 on Reference Plan 59R -13238 "subject lands be permanently closed. 2. That a portion of Crowland Avenue being that portion located between Grassy Brook Road to the north and Biggar Road to the south and designated as Part 1 on Reference Plan 59R- 13238 "subject lands be permanently closed. 3. That the closure of portions of Grassy Brook Road and Crowland Road be subject to public input and the Developer entering into a Development Agreement with the City to be executed within six months from the date of this Report upon terms satisfactory to both the City and the Region. BACKGROUND: Tel.: (905) 356 -7521 Fax: (905) 371 -2892 E -mail: kkelly @city.niagarafalls.on.ca October 30, 2006 Re: L- 2006 -36 Permanently Close Portion of Grassy Brook Road and Portion of Crowland Avenue Our File No: 2006 -124 A request was received from Glen Schnarr Associates Inc., consultants for Grand Niagara Resort Inc., to permanently close the subject lands as shown in Attachment 1, in order to provide a more cohesive, comprehensive and exclusive resort development in conjunction with an Official Plan and Zoning By -law Amendment application that went before Council for approval on July 31, 2006. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 30, 2006 At its meeting of July 31, 2006 Council authorized Staff to commence proceedings to permanently close the subject lands which are open road allowances. A copy of report PD- 2006 -60 and the minutes of July 31, 2006 with Council's recommendation are Attachment "2 The first step in proceeding to sale, given that these are open road allowances, is to circulate the request to City departments, prepare a report for Council, order a reference plan and advertise the closure of the road allowances in the Niagara Falls Review. The request was circulated to all City departments with respect to the road closures and their declarations as surplus to the City's needs and the resulting comments were: Fire Services Parking Traffic Parks Recreation Municipal Works Niagara Falls Hydro Bell Canada Enbridge Gas Hydro One Has no objections subject to the remaining sections of Grassy Brook Road being terminated in cul -de -sac designs, built to City standards. This will require "Turn Around Facilities" to be constructed in accordance with the design requirements of the Ontario Building Code. Upgrading of the existing Morris and Grassy Brook Roads maybe required due to the increased response time needed to provide services to these areas. Requires a traffic impact study to be submitted to the satisfaction of the City and the Region. Has no objection. 2 L 2006 36 Will require an updated Traffic Impact Study, with particular regard for the existing condition of Morris Road and the increased volume it will have to accommodate after the road closures. A Development Agreement to be entered into and executed within six (6) months of the date of this Report reflecting all ofthe Municipal Works, Parking and Traffic and Fire Services requirements as well as the utility easements. The request was also circulated to the City and Provincial utilities, the result of which are: Will require a Transfer of Easement. Will require a Transfer of Easement. Will require Transfers of Easement. Has no objections. Public notice of the road closures was given in the Niagara Falls Review on October 21, 2006 in accordance with The Corporation of the City of Niagara Falls By -law No. 2003 -16 as amended by By -law No. 2005 -213. Additional notice was given to_those persons who signed in on the Public Meeting sign -in sheet for the Official Plan and Zoning By -law Amendment at the July 31, 2006 Council meeting, together with those who were on the Planning Department's notification list, by October 30, 2006 Council meeting, together with those who were on the Planning Department's notification list, by way of regular mail on Monday, October 23, 2006, with an anticipated Canada Post delivery date of Wednesday, October 25, 2006. Based on all of the above, Staff is recommending that the portions of Grassy Brook Road and Crowland Road described in Recommendations 1 and 2 be closed and that the Developer enter into a Development Agreement to address all of the City's and Region's comments and as such the Development Agreement be executed within six months of the date of this Report. A concurrent report dealing with the sale of the road allowances, will be presented for Council's consideration. Recommended by: Karen I. Kelly City Solicitor Approved by: AU/ f T. Ravend Executive Director of Corporate Services 3 L 2006 36 Respectfully submitted: John MacDonald Chief Administrative Officer 1.;•%• ROAD swas-ortn, Ittl• 4 www. rAlaw z PA.nr e. Oar ..tr' es' PART7 SE g PLAN 595-1,2,,, UL Q0 Mb (21 r 0 41/2i xtyAKA Z F 7 PART or LOTS 3, 4 4 5 AND THE ROAD AL_OWANCE BETWEEN LOTS 4 AND 5, BROKEN FRONT CONCESSION City ot Wawa Falls VUMCPAJTV Or MG.), SAXEJA.3 C,SRVICAR KneviCautlkmoolor.Hasairdia The city of Niagara Fall Canad� Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario It is recommended that: Corporate Services Department Planning Development 4310 Queen Street P O Box 1023 Niagara Falls, ON L2E 6X5 web site www.niagarafalls ca Tel (905) 356 -7521 Fax: (905) 356 -2354 E -mail planning @niagarafails ca July 31, 2006 PD- 2006 -60 Doug Darbyson Director The recommendation(s) contained in this report were adopted as amended by City Council Re: PD- 2006 -60, Official Plan Zoning By-law Amendment Application AM- 38/2004 AM- 19/2006 Grand Niagara Resort Inc. between Welland River and Biggar Road from Montrose Road to West of Morris Road Agent: Carl Brawley, Glen Schnarr and Associates Expansion to the Golf Course and Resort Block Area and Development of a Lifestyle Residential Community RECOMMENDATION: 1) Council approve the Official Plan and Zoning By -law amendment applications consisting of the following, subject to the detailed discussions contained in this report: (a) expansion of the golf course onto a 22 hectare (54 acre) parcel west of Morns Road between Grassy Brook Road and Biggar Road; (b) a 8 hectare (20 acre) expansion of the approved resort block, located north of Grassy Brook Road, onto a portion of the land south of Grassy Brook Road and east of Crowland Avenue; (c) a 220 unit lifestyle residential development consisting of approximately 13 hectares (32 acres) of the land south of Grassy Brook Road and east of Crowland Avenue; (d) a recognition in the Official Plan of the existing golf course development south of the CP Rail line between Montrose Road and Crowland Avenue; and 2) approval of the components listed in 1(b) and 1(c) above be subject to a holding zone rovision approval (H) to remain in place until condominium a p pp is granted, transportation and servicing infrastructure is developed to the satisfaction of the City, and noise, environmental impact and tree saving studies are completed. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 31, 2006 2 PD- 2006 -60 3) Council direct staff to initiate the proceedings to stop up and close Crowland Road between Biggar Road and Grassy Brook Road, and a portion of Grassy Brook Road on either side of Crowland Road, as shown on Schedule 2 to this report, including scheduling a public meeting at Council to consider the request. 1 110, c4-1-4 re-k n -f'i 'le- of -4h�e. proper-- t +i L a c er amac f o pr rtss BACKGROUND: U has been rr Grand Niagara Resort Inc. has requested amendments to the Official Plan and the Zoning By -law for about 290 hectares (715 acres) of land between the Welland River and Biggar Road and between Montrose Road and 225 metres west of Moms Road, shown as Parts 1 through 5 on Schedule 1. Parts 1, 2 and 4 are currently designated for a golf course and resort development. In 2001, Council approved Official Plan Amendment No. 37 and Zoning By-law No. 2001 -157, for lands located between the CP Rail Ime and Moms Road, from Biggar Road to the Welland River, shown as Parts 1, 2 and 4 on the attached Schedule 1. The amendments allow a comprehensive development consisting of two 18 hole golf courses, a club house and resort area consisting of a 350 unit hotel, 300 vacation villa units and ancillary recreational and administrative buildings. Approval of the resort block is subject to a holding zone provision, to be lifted once municipal infrastructure and environmental studies are completed. The development of the golf course started in 2003. In 2004, Council considered a further application to expand the golf course west of Morris Road and north of Grassy Brook Road. Due to concerns about possible road closings, cart path crossings over road allowances and potential impacts on wetlands along Welland River, Council denied this application. Since that time, the applicant has purchased additional property and has altered his expansion plans. The application presently before Council represents a comprehensive build out plan and a reworked design identifying proposed road closures. Proposal The amendments requested would permit the following: expansion of the golf course onto Part 5 west of Morris Road between Grassy Brook Road and Biggar Road; change the Official Plan designation and zoning to Open Space watercourses and wetlands to be designated Environmental Protection Area (EPA) expansion of the resort block on Part 1 into Part 2; modification of the Official Plan policies and zonmg the development of a residential lifestyle community compnsed of about 220 townhouse and single detached residential units within a portion of Part 2 as shown on Schedules 2 through 4; estabhsh new Official Plan policies and zoning to permit residential component recognition of the existing golf course south o the CP Rail line on Part 3. change the Official Plan designation and zoning to Open Space protect Provmcially Significant Wetlands by mtroducing an EPA designation July 31, 2006 3 PD- 2006 -60 The applicant is also requesting the City stop up and close Crowland Road between Grassy Brook Road and Biggar Road and a portion of Grassy Brook Road on either side of Crowland Road. These road closures would facilitate a new entranceway into the golf course and a centralized activity area. A formal application would need to be processed to effect these road closures. Site Description and Surrounding Land Uses The lands are flat and traversed by two creeks. There are also pockets of woodlands and wetlands, including provincially significant wetlands in Part 5 west of Morris Road and north of Biggar Road, and in Part 3 immediately south of the CP Rail line. The rest of Part 5 is dominated by former agricultural uses. The portions ofPart 2 subject to the resort expansion and residential development are either vacant lands or wooded areas. Lands adjacent to the golf course along Grassy Brook Road are largely used for rural residential purposes. Lands to the east and south of the golf course lands are dominated by agricultural uses. Lands to the northeast of the golf course are used mainly for industrial purposes. Circulation Comments Regional Municipality of Niagara The environmental studies submitted by the applicant's consultant appear to indicate there will be adequate protection for environmental areas. Regional Planning staff does not object to the requested residential lifestyle community as it will provide for more efficient use of municipal services. A detailed noise study needs to be done to determine what mitigation measures are needed to attenuate noise and vibration impacts from the CP Rail line. Ministry of the Environment approval will be needed for stormwater management. Municipal Works A Regional Policy Plan Amendment application was previously submitted to permit the golf course expansion west of Morns Road. This application needs to be modified to delete reference to the expansion north of Grassy Brook Road. As municipal services are being extended to service the resort, any reference to private services in the policies pertaining to these lands needs to be removed. The Environmental Protection Area designation should be extended to the Grassy Brook and Lyon's Creek Tributary corridors, and all provincially significant wetland areas, in the blocks proposed to be added to the Open Space designation. At the site plan stage, further analysis of impacts of the residential and resort blocks on environmental areas is needed. The City has engaged a consultant to commence the detailed design for the Grassy Brook West Sanitary Sewer Area which will accommodate future flows from this development. Further information on proposed servicing as well as the density, phasing and final location of the proposed residential blocks is needed from the applicant to coordinate with the City's project. July 31, 2006 Fire Services Enbndge Pipelines Parks, Recreation Culture Planning Analysis 4 PD- 2006 -60 Water service is to be provided from a new water main to be constructed across Welland River. An easement agreement is required from the owner. Municipal Works staff has no objection to the proposed road closures subject to proper turning circles being built. Grassy Brook Road west of Crowland Avenue will need extensive reconstruction and stabilization in the next five years and the intersection of Crowland Avenue and Grassy Brook Road is problematic due to the railroad crossing and sight line issues. A second means of access will need to be provided into the resort block from Grassy Brook Road and into each of the residential blocks. Visitor parking and parking restnctions will need to be addressed to ensure fire access is maintained. All fire access and water supply to be provided in accordance with the Ontario Building Code. Any crossings, site alteration, excavation or placing of landscaping on or near the Enbridge Pipeline easement right -of -way (that crosses the subject land) will be subject to approval by Enbridge. No permanent structures are permitted on the pipeline right -of -way. This right -of -way is to be maintained as Open Space or Park Belt. Landscaping and tree planting will need to be reviewed at later stages of development. A 5% parkland dedication is required for the residential blocks. Applications to amend the Official Plan are evaluated on a set of criteria, to ensure the requested changes are appropriate and conform to the general objectives of the Official Plan. 1. Expansion of the Golf Course (Part 5) Plans to expand the golf course have been modified to include lands west of Morris Road. Expansion of the golf course north of Grassy Brook Road between Morris Road and Crowland Avenue is no longer being pursued. This change should alleviate some of the concerns raised about the impact of the golf course on the Welland River wetlands and the golf cart crossings along Grassy Brook Road. July 31, 2006 5 PD- 2006 -60 The proposed expansion conforms with the objectives of the Official Plan as follows: An agricultural impact assessment submitted by the applicant's consultant (ESG International) concludes that there will be minimal loss in agricultural resources. soils on the parcel are clay based that tend to retain water, contributing to a to The agricultural capability. g wer The golf fairways are a suitable use for the tablelands. A golf course does not conflict with surrounding agricultural uses and, given the potential impacts of agricultural operations (occasional odours and dust), is more compatible with nearby usrb residetial uses. Although the area of the golf course is being expanded, the number of holes is not. The viability of other golf courses is not affected and the impacts on transportation and municipal services are not increased by this expansion. The wetlands and valley lands will be protected by placing Environmental Protection Area (EPA) designation as determm these lands under an Region and the Niagara Peninsula Conservation Authority. in consultation with the The overall number of potential golf cart crossings over road allowances has been reduced. The number of crossings, as well as safe provision of crossing locations will need to be worked out at the site plan stage. 2. Expansion of Resort Block into Part 2 Official Plan Amendment No. 37 permits the development of a resort on 16 hectares (40 north of Grassy Brook Road, consisting of a 350 unit hotel, 300 vacation villas and ancillary acres) recreational and administrative buildings. The applicant now wishes to extend a small portion of this resort block, including the hotel, onto Part 2. This request conforms with the objectives of the Official Plan as follows: There is no increase in the number of units proposed or the intensity of the use. The proposed change will not impact on traffic and servicing infrastructure. The resort area expansion will be on tableland outside of the EPA designated lands and will complement the open space (golf course) designation of surrounding lands. To protect adjacent environmental lands, Official Plan policies will require the completion of an Environmental Impact Statement to determine any mitigation measures. The resort development will remain outside of the 1.09 kilometer buffer established to protect sensitive uses from the impacts of Cytec's industrial operation. 3. Residential Lifestyle Development on Part 2 The proposed residential development is generally geared toward adults 55 years of age or olde Approximately 220 units, consisting of about 59 single detached dwellings and 161 townhouse r dwelling units, are proposed in two blocks lying between the Grassy Brook and Lyon's Creek Tributaries east of Crowland Avenue. If Council .decides to close Crowland Avenue, these blocks o will be accessed from a new private road constructed from Biggar Road. cks July 31, 2006 6 PD- 2006 -60 The proposed residential development conforms with the objectives of the Official Plan as follows: As the residential blocks are within the City's Urban Boundary, no expansion of the urban boundary is occurring. These lands are intended to be developed at an urban intensity. The residential blocks are outside of the 1.09 kilometer buffer radius established to protect sensitive uses from the impact of Cytec's industrial operations. The blocks are integrated into the design of the golf course. An Environmental Impact Statement will be required to ensure impacts on adjacent wetlands are mitigated. A form lifestyle community is being proposed catering to "empty nester" households. On site services such as recreational facilities and security will be provided. This adult oriented residential development, forming part of a comprehensive resort development, is a unique housing form that is currently not provided in the City and will provide additional diversity in housing options. Although the use of the lands for residential development is acceptable there are a number of site plan design and other technical matters that need be resolved. To address these technical matters, the Official Plan amendment should contain policies requiring a hold symbol to remain in place until the following matters are addressed: Provision of adequate municipal and stormwater services to the satisfaction of the City, as determined through a servicing study. Provision of adequate access and transportation facilities to the satisfaction of the City and the Region, as determined through a traffic study. Implementation of any noise mitigation measures as determined through a noise and vibration study, to protect against noise emanating from the CP Rail line. Submission of a plan of condominium, with a satisfactory second means of access. Completion of an Environmental Impact Study to the satisfaction of the City, the Region and Niagara Peninsula Conservation Authority. Completion of a Tree Saving Plan, to the satisfaction of the City and the Region, to determine the extent of woodlot protection. 4. Recognition of Existing Golf Course and Environmental Lands South of the CP Rail Line (Part 3) This land is designated Industrial, which does not permit golf courses. However, the land is zoned Rural Agricultural under Zoning By -law No. 1538 (1958) which permits golf courses. Due to this zoning, Grand Niagara Resort Inc. were permitted to develop a portion of their golf course on this land. July 31, 2006 7 PD- 2006 -60 Although not designated in the City's Official Plan, there is a provincially significant wetland on a portion of these lands. Grand Niagara Resort Inc. cooperated with the City and the Region in protecting this wetland when developing the existing golf course. The proposed redesignation would recognize the use of the tableland as a golf course only. As the golf course exists, this change is largely a housekeeping matter As no additional industrial lands are lost, this change is unaffected by the Provincial Policy Statement. This redesignation gives the City an opportunity to redesignate and rezone the provincially significant wetland as an Environmental Protection Area, and therefore protect this wetland. 5. Zoning (a) Expansion of the Golf Course West of Morris Road (Part 5) and Recognition of the Existing Golf Course South of the CP Rail Line (Part 3) It is proposed that the same site specific Open Space (OS -553) zoning that applies to the rest of the golf course (other than the resort block) be extended onto Parts 3 and 5. In addition, the site specific Environmental Protection Area zone (EPA -555) developed for the original golf course proposal, would apply to the valley lands (15 metres on either side of Grassy Brook and Lyon Creek Tributary watercourses) and the wetlands in Parts 3 and 5. The OS-553 zone contains regulations requiring buildings be set back a minimum of 15 metres (50 feet) from an EPA zone. This is an appropriate regulation to impose on Parts 3 and 5. In addition, this zone also permits a permanent clubhouse, which is proposed to be located on the south side of Grassy Brook Road east of Crowland Avenue, across from the temporary clubhouse that has been established around a former farm house. The EPA -553 zone prohibits any development or alteration of the land, other than construction of bridges, to protect these environmental features. The zone standards have been successfully applied on the rest of the golf course development and will be appropriate for these additional lands. (b) Expansion of the Resort Block on Part 2 The applicant proposes to extend the same site specific zoning that applies to the resort block north of Grassy Brook Road to the new resort block lands. As this zoning includes a comprehensive range of standards including capping the hotel rooms and vacation dwelling units at 350 and 300 units respectively, this request is appropnate. The applicant has requested that an apartment hotel use (a hotel that may have up to 75% of its hotel utilized as dwelling units as opposed to timeshare dwellings or hotel rooms) be added as a permitted use. Although up to 260 additional dwelling units could be provided, there are no studies provided to justify this request. Planning staff, however, does not object to this proposal as long the cumulative number of residential units in the apartment hotel and the proposed residential blocks do not exceed the number (220 units) that the applicant has requested for the overall development. Planning staffdoes not recommend the requested 0 metre yard setbacks for all buildings and structures on the land. Although most of the lands are abutting the resort blocks, these blocks also abut lands owned by adjacent residents and a 0 metre building setback July 31, 2006 Staff supports the requested provisions for "wide /shallow" lots, with minimum lot depth of 25 metres (82 feet) and minimum lot frontage of 6.4 metres (21 feet) for townhouses and 15 metres (50 feet) for single detached dwellings. Rear yards would be reduced to 7.0 metres (23 feet), while front and exterior side yards would be reduced to 3.5 metres (11.5 feet) and side yards would be established at 1.2 metres (4 feet). Given the unique nature of the proposal and that these changes do not impact other residents, these reductions can be supported. Planning staff has a concern with the requested garage front yard setback of 5.5 metres (18 feet). The normal setback requirement is 6 metres to provide room for larger vehicles. Staff is concerned that this reduction may lead to vehicles over hanging onto the access driveway and therefore cannot support this request. Staff recommends minimum building setbacks of 15 metres (50 feet) from Provincially Significant Wetlands and 7.5 metres (25 feet) from the 15 metre buffer that follows Grassy Brook and Lyon's Creek Tributary. The wetland setback was originally recommended by the applicant's consultant to protect the drip line of trees. The 7.5 metre setback was required for the Cuviello Construction Inc. application, located at the northeast corner of Lyon's Creek Parkway and Montrose Road, to protect the Lyon's Creek Tributary. These setbacks will protect environmental lands from activities ancillary to buildings, such as backyards. 6. Request to Close Crowland Avenue and Grassy Brook Road To ensure the different components of the development are not separated byroads, the applicants have submitted a request to close Crowland Avenue, between Grassy Brook Road and Biggar Road, and to close Grassy Brook Road on either side of Crowland Avenue. Although Council denied a similar request previously, this request should be reconsidered for the following reasons: 8 PD- 2006 -60 may have adverse impacts on these residents. Instead, building setbacks should be generally based on the concept drawings submitted with the application. A final request, to increase the size of accessory office and recreational facilities from 500 square metres (5,382 sq. ft.) to 1,000 square metres (10,764 sq. ft.) is acceptable. Given the large land areas of the resort blocks, the increased size of these facilities is not going to have an adverse impact. (c) Residential Lifestyle Development on Part 2 The applicant has requested the residential blocks be put under an appropriate residential zone. However, to be consistent with the Official Plan designation, and to allow flexibility in locating the residential blocks, Planning staff recommends permitting the residential blocks under special provisions contained in the site specific Open Space zone. The intersection of Crowland Road and Biggar Road is undesirable as the CP rail crossing bisects the intersection at an acute angle and therefore reduces visibility at the intersection. As the approved resort development and proposed residential units are anticipated to result in an increase in traffic at this intersection, there are safety concerns regarding its existing configuration. Eliminating the north leg of Crowland Road at this intersection and replacing it with the proposed driveway would significantly improve the safety of this intersection. July 31, 2006 7. The golf course and resort development will be subject to site plan control. 8. The proposed residential lifestyle community will be subject to a plan(s) of condominium. Through the plan of condominium stage an acceptable subdivision layout, with a second means of access to the condominium blocks, will be determined. In addition, detailed site servicing and drainage and environmental mitigation measures will be determined and implemented. Registration of condominium plans will be subject to lifting the hold zone. CONCLUSION: 1. The requested amendment to the Official Plan can be supported as follows: 9 PD- 2006 -60 Grassy Brook Road, west of Crowland Avenue, abuts the Welland River for a stretch of approximately 100 metres. In this section, unstable soil conditions are causing the road to shift. Should this portion of Grassy Brook Road remain open, the stabilization costs will be about $200,000. The City can avoid these costs by closing up and stopping a portion of Grassy Brook Road as requested. The applicant has taken steps to reduce impacts of the road closures on residents. As the applicant now owns all lands abutting the proposed Crowland Avenue closure, residents will not be impacted by this closure. The proposed Grassy Brook Road closure does not impact any adjacent residents having direct access to a public road. It is staff's recommendation to initiate formal road closure proceedings. A public meeting of Council will be scheduled to give the public an opportunity to comment on the proposed road closings. Council's decision on the proposed road closings, following this public meeting, would then be final. Through site plan control the detailed site servicing plans, environmental mitigation measures, archaeological measures and landscaping will be implemented. A site plan agreement will not be executed until all the matters covered under the hold provision are dealt with and the hold symbol lifted. The addition of the land west of Morris Street has little impact on agricultural resources and environmental lands in this area will be protected under the appropriate designation. The resort block expansion is modest in size and does not result in an increase in the number of hotel or vacation villa units. The addition of the residential lifestyle community results in a unique type of development for which the market is not yet served in the City. This development will take place within the urban boundary and will have access to full municipal services. The designation of the lands south of the CP Rail Line for a special Open Space designation recognizes the existing use of these lands. 2. The site specific zoning will implement the hold provision set out in the site plan amendment and will have provisions recognizing the unique nature of the comprehensive development. July 31, 2006 3. The closures of Grassy Brook Road and Crowland Avenue are important components of the overall design of the project and will require Council's further consideration. Prepared by: Andrew Bryce Planner 2 Recommended by: AB:ko Attach. Doug Darbyso Director of Planning Development S:\PDR\2006\PD2006 -60, AM -38 -2004 &AM -19 -2005, Grand Niagara.wpd -10 PD- 2006 -60 T. Ravenda Executive Director of Corporate Services Respectfully submitted: Approved by ki4 John MacDonald Chief Administrative Officer Subject Land Amending the Official Plan and Zoning By -law Nos. 79 -200 and 1538, 1958 Applicant: Grand Niagara Resort Corporation Legal Description: Part of Lots 1,2,3,4 5,6 and 7 Broken Front Concession, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara SCHEDULE 1 LOCATION MAP 1:NTS AM- 19/2006 and AM-38/2004 June 2006 6Mp.103—ipacri\ufirsacmoupain\poriuo3VAto\noo\szizog,Vpork\:0 SCHEDULE 3 r E co co ce 0 A 1 41 3 TOWNHOUSE BLOCK 'A' 1:750 NORTH AREA OF BLOCK 'A' TOTAL TOWN HOMES (7.5mx27.5m) DENISTY TOTAL CURB LENGTH 36 226 m2 (3.62ha) 88 units 24.31 units/ha (9.84 units/acre) 914.691m Grand Niagara Resort SCHEDULE 4 BITKTIO Niagara Region PLANNING AND DEVELOPMENT July 6, 2006 File: File: D.10.M.11.20 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2nd Floor Niagara Falls, ON 1.2E 6X5 Dear Mr. Bryce: Re: Official Plan and Zoning By -law Amendment Applications Proposed Grand Niagara Golf Resort City of Niagara Falls These applications propose amendments to the City's Official Plan and Zoning By -law to permit modifications to the proposed Grand Niagara golf resort complex that include: additional lands west of Morris Road for a second 18 -hole golf course; expansion to the proposed resort complex south of Grassy Brook Road; utilization of vacant lands adjacent to the existing golf course for a residential lifestyle community comprised of 226 single detached and townhouse dwelling units, and the redesignation of lands already developed as part of the existing golf course (south of the C.P. rail line) to provide for a more consistent land use designation. Several reports and studies were also submitted to support the proposed applications. The following Regional and Provincial planning commen sare p o y v ded for our consideration. REGIONAL REVIEW COMMENTS Building Community. Building Lives. The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 -984 -3630 Fax: 905-641-5208 E -mail: plan ©regional.niagara.on.ca RECEIVED JUL 13 2006 PLANNING DEVELOPMENT 'l. Regional Planning The area east of Crowland Avenue is within the Region's Urban Area Boundary for Niagara Falls while the remaining lands to the west are designated as a Good General Agricultural Area according to the Regional Policy Plan. An exception to the Region's Agricultural policies was previously approved (Amendment No. 159) to permit a golf course and practice facility between Crowland Avenue and Morris Road as part of the applicant's original plans for the Grand Niagara golf resort. An application to amend the Regional Policy Plan (Amendment No. 172) was submitted In 2004 to allow an expansion to the golf course on the lands west of Morris Road and north of Grassy Brook Road along the Welland River. However, related applications to amend the local official Plan and zoning by-law were not approved by the City. As a result, the amendment to the Regional Policy Plan was not finalized. The revised proposal now being presented for approval by the City no longer includes the lands along the Welland River. The amendment to the Regional Policy Plan must be modified to reflect the area of land now under consideration and must be approved prior to the amendments to the City's Official Plan and Zoning By -law being finalized and taking effect. The eastern portion of the site, which is within the Urban Area, was approved with policies that would allow a private sewage disposal system until municipal sewers were made available. A Class Environmental Assessment to extend sanitary sewers to this area has recently been completed and construction is expected to begin next year. Therefore, amendments to the City's Official Plan and Zoning By -law should clearly state that municipal Services will be provided for development within the Urban Area and any reference to the provision of private servicing systems should no longer apply. This would be consistent with the Region's Urban policies which require the provision of adequate municipal services for urban development. The Region recently approved new Environmental policies for the Regional Policy Plan that are currently subject to appeals. The Region's Core Natural Heritage System and associated policies are intended to be consistent with Provincial interests related to significant natural heritage features discussed in greater detail under our "Provincial Review Comments The lands east of Morris Road include sections that are currently designated and zoned as Environmental Protection Areas that are expected to be extended to include natural corridors along Grassy Brook and a tributary of Lyon's Creek and a Provincially significant wetland west of Morris Road. An Environmental Impact Assessment, prepared by Stantec Consulting Inc. (2004), includes mitigation measures that appear to provide for a reasonable level of protection in these areas. This report should be reviewed in greater detail at the site plan state and implemented accordingly. A woodlot at the northwest corner of Biggar Road and Crowland Avenue has not been determined to be significant according to the Environmental Impact Assessment. However, it should be noted that any cutting within this woodland Is subject to the Region's Tree and Forestry Conservation By -law which requires a permit for any tree cutting as part of this development unless a Tree Preservation Plan is approved as part of a site plan agreement. The proposed golf resort now includes housing comprised of single detached and townhouse dwellings as part of a lifestyle community. Part of Grassy Brook Road and Crowland Avenue will be closed to the public and integrated Into a system of private roads to be constructed throughout the complex. The proposed housing will generally cater to a select market of empty nesters and active seniors looking for a recreational /resort experience in a unique setting. The inclusion of housing in the development also provides the opportunity to make more efficient use of municipal services being extended into this area that will be predominately comprised of open space uses. Although this would not be a traditional residential neighbourhood, the City should consider designating these areas for residential purposes since It will provide permanent types of accommodations that will form part of the municipality's housing supply. 2. Regional Public Works 2 The Regional Public Works Department is currently reviewing these applications and the Traffic Impact Analysis Update submitted. These comments are being finalized and will be forwarded as soon as possible. 3 PROVINCIAL REVIEW COMMENTS 1. Ministry of the Environment Land Use Compatibility A 1.09 kilometre radius has been maintained between the proposed housing blocks and existing industrial development to the northwest. This was a provision agreed to as part of a settlement reached with Cytec Canada Ltd. when the original resort proposal was appealed to the Ontario Municipal Board. An air quality study was previously prepared to assess potential dust, odours and air pollutants from nearby industrial operations. Although the study indicates that there should not be any adverse effects, the study should be reviewed by the Ministry of the Environment prior to proceeding with development. The blocks being planned for housing are located close to the C.P. rail line. It is our understanding that the level of train traffic has been reduced over the years. However, the line remains in active use. A preliminary noise impact assessment was previously prepared in 2002. This did not consider the residential uses now being proposed. A detailed noise study should be prepared to determine what mitigation measures are necessary to attenuate any potential adverse impacts. This could be implemented through conditions of draft approval when condominium plans are submitted or through the site plan process. Services and Stormwater Management The extension of municipal water and sanitary sewer systems into the Grassy Brook area will be subject to the approval of the Ministry of the Environment. As mentioned previously, a Class Environmental Assessment was previously completed for the sanitary sewer project that is expected to begin next year. Updated information will be required on stormwater management for the golf course expansion, the revised resort blocks and proposed lifestyle housing developments. Approval from the Ministry of the Environment will be necessary for any new storm ponds to be constructed. This can be considered through conditions of condominium approval or the site plan process. 2. Ministry of Natural Resources There are several Provincially significant natural heritage features within or adjacent to the proposed development that require protection. The Welland River borders the northeasterly section of the project and is classified as a Critical (Type 1) fish habitat by the Ministry of Natural Resources with Provincially significant wetlands located along portions of its banks, Grassy Brook and a tributary of Lyon's Creek traverse the site and are classified as important (Type 2) fish habitats. There are several woodlots that are designated as Provincially significant wetlands (PSW) on the subject lands where development is prohibited. Most of these natural heritage features have been designated and zoned as part of the initial Official Plan and Zoning By-law amendments previously approved for this golf resort. The current amendments should extend the Environmental Protection Area to the west of Morris Road to include minimum 15 metre buffers on both sides of Grassy Brook and the tributary of Lyon's Creek. A PSW west of Morris Road and another south of the C.P. rail line, east of Crowland Avenue (within the existing golf course) should also be designated and zoned for Environmental Protection purposes. An Environmental Impact Study and addendums were previously prepared for the development. An additional assessment of impacts and mitigation measures will be necessary to consider modifications to the resort complex and the proposed housing blocks located adjacent to natural heritage features. This can be undertaken when detailed plans are submitted to the City for condominium or site plan approval. 3. Ministry of Culture An archaeological assessment was undertaken for the original resort proposal. Artifacts were discovered and subsequently protected when the first golf course was constructed. A further assessment of archaeological resources will be necessary for the expansion of the resort and the Ministry of Culture must also be satisfied that artefacts previously found remain: protected. This must be undertaken prior to any grading or construction of the property. CONCLUSION Amendment No. 172 to the Regional Policy Plan must be approved prior to finalizing the amendments to the City's Official Plan and Zoning By -law. This applies to the area west of Morris Road. The modifications to the resort complex will result in the integration of more permanent forms of housing with accommodations for tourists within an amenable open space setting. This should create an interesting and active community environment. Further consideration of studies or requirements for updated information, previously mentioned to meet Regional or Provincial interests, can be met through the condominium or site plan process as this development is phased in. This would involve matters related to servicing, traffic, environmental impacts, stormwater management, potential air quality /noise impacts and archaeological resources. Please send notice of Council's decision on these applications when available. Yours truly, t.... Peter Colosimo, MCiP, RPP Senior Planner pc/Niagara Fairs&NF opalBruce re Grand Niagara 4 c: Mr. D. Darbyson, MCI T' P, Planning Director, City of Niagara Falls Mr. C. Brawley, Glen Schnarr Associates, Mississauga, ON Mr. J. Durst, Ministry of Natural Resources, Vineland, ON Mr. J. MacDonald, Ministry of Culture, London, ON Ms. C. Sheppard, Ministry of the Environment, Hamilton, ON Ms. S. Mclnnes, Niagara Peninsula Conservation Authority Mr. W. Stevens, Regional Public Works Mr. D. Semple, MCIP, RPP, Senior Planner, Regional Planning Development Enbridge Pipelines Inc. 801 Upper Canada Drive P.O. Box 128 Sarnia, Ontario NTT' 7H8 (Courier N7W 1A3) City of Niagara Falls Director of Planning Development City Hall 4310 Queen Street Niagara Falls, Ontario LE 6X5 u•sotIVI3RIDGE July 10, 2006 Filo No. 73.11 Niagara Attention: Mr. Doug Darbyson Re: Official Plan Zoning By -Law Amendment Application AM- 19/2006 AM- 38/2004 Lots 5 6, Broken Front Concession, City of Niagara Falls, Ontario Dear Mr. Darbyson, Enbridge Pipelines Inc. (Enbridge) owns and operates two high pressure petroleum pipelines contained in a 18.3m wide right -of- way /easement through the subject lands. Enbridge has no objections to the subject application providing the following conditions are adhered to: No permanent structures are permitted within the right -of -way area. Enbridge must have the ability to access its' right -of -way at all times for maintenance, inspection and alteration of the pipeline(s). Therefore, the Enbridge right -of -way shall be maintained as green space, park belt or open space. Any proposed crossings of the right -of -way by roads, laneways, bike/walking paths, services and utilities are permitted in accordance with the regulations of the National Energy Board (NEB) Act and subject to approval by Enbridge's Crossings Co- ordinator, Ann Newman at (519) 339 -0503. The applicant will be required to enter Enbridge's Standard Crossing Agreement. Enbridge is regulated by the National Energy Board (NEB) Act. Section 112 of the Act requires any excavation within 30 meter of Enbridge's right -of -way to be approved by Enbridge. No grading or placing fill on Enbridge's right -of -way will be permitted without prior approval of Enbrldge. No work shall take place on Enbridge's right -of -wa inspector. DEVELOPMEN RECEIVED JUL 13 20O6 Direct Line: 519. 339.0503 e -mail: ann.newmaneenbridge.com Website: www.enbri an Enbridge nt'd.../2 ce: 519 339.0540 519-339-0510 No heavy machinery will be permitted to cross Enbridge's right -of -way without prior approval. No landscaping shalt take place on Enbridge's right -of -way without Enbridge's approval. To obtain locates of our facilities please contact (905)659 -7236 and Ontario One Call at 1 -800- 400 -2255. Request to meet "Enbridge Pipelines Inc." onsite at the specified address. Please call if you have any questions. Yours truly, amAtuntad Ann Newman CET Crossings Co- ordinator, Eastern Region Page 2 July 10, 2006 U7 20/ 2bbb 09:5U 416 235 -42b7 Ministry a1 Ministers des Transportation Transports Doug Darbyson Planning Development City Hall 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 Dear Mr. Darbyson: cc; Re:: Public Meeting Notice City Files: AM- 19/2006 AM-3812004 Yours tru Hugh Project Manager CORRIDOR MANAGEMENT Ontario Phone: (416) 235..5124 Central Region Fax; (416) 235 -4267 Corridor Management Section E -mail: hugh.iyffe@rato.gov.on.ca 7 Floor, Bldg. D 1201 Wilson Avenue Downsviow, Ontario M3M 138 July 20, 2006 The property bounded by Montrose Road, Welland River, Biggar Road and Grassy Brook Road is outside the ministry's permit radius. RECEIVED JUL 2 0 2006 PLANNING DEVELOPMENT PAGE 02/02 06/07/2b 26 13:47 9 @52761973 66/0212805 15:19 9055E80094 GLEN SCHNARR AssocIAms INc. VIM 6 ttitti<n PtAI1MMMS. UN, D1'tLIP$ttet tIJIIMttAMTt Juno 2, 2006 Flenning Development Department City of 4ia�ra Fells P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario 1.,2,E 6X5 Attention: Ken Moch Dior Ken, afCtlt't+ea PIS t0- (3 EN SCHNARR ASSOC FAMINE TRANIUTTAL MEMO gswio+e Rofcr to file: 295.002 of COMPANY: fAX MOW RE: AM1912006 OPA,/ZMA App &a Gravid L�1# bra Assert be. Residential Cwt *ity AM OW2002 end AM 38/20414 OPAPZBA plications Thank you for your May 16 2006 letter with respect to the aboYe noted mains. In re the wens, we are providing you the followingadditional issfort Ion; sponse to 12 copies of our apPlieation form to nine d the Official Plan sal Zoning By-Law Mid the future west (Norman) golf course west of MOMS Road (a revised version of former .AM OS/2002) and expand the approved resort development block to lands on the south side of Grassy Brook Road, north of CPR (current AM 38/2002). The sppliication inctudea a plan showing the boundaries of the subject uess *lid individual properties. Exl p A revised draft of a consolidated Special Policy Area 34 of the Official Pisit; 20 TIANS or SIRVI AGE 01 81/03 a"4 +t m Min, kola Les IMAM Cat ken; MLA Left Sue Vit Wu. tat UR kW I 0101 014) &W M VI 1 �m Monassliusa Oae sun �N maltinmulMAN LIZM tit 011$1411411 motor Fa POSI W404 Nam RECEIVED JUN 07 PLANNING D 06/07/2006 13 :47 9052761973 86/02/2086 15:18 905%88994 2 G .EN SCHNARR a ASSOC GLEN SCHNARR Sz. ASSOCIATES INC. VISAS A ItesroNAs ►turNtt1, LAro tie +ttor+UEwI ioNsr4rAMrs 6 copes of an Agricultural Itnperz Assessment Study (ESG) dated March $'Rr/01 and related Addendum letter (ES) dated November 14 to support the application. to Road. convett our agricultural designated lands to not sgzicu t (golf course) MOMS e) usee west of Mos documents we atilt quite adequate in the context oft planning jusdfeadoi report relative to the 1997 or 2005 PPS and local Official Plans. In a comparative review of the 2005 and 1997 PPS, Mare are no substantive contextual pommy changes as they relate to agricultural matters and the justification framework (policy 115.1 (c)) lbx agrioultund ism conversions is unaltered. The subject lands west of Morris Road ere coy *ig pus with the extstibg gut' cower and are rated as Clan 3 agicultural Iaads which ere gi ven the lowest for pcoteetion. There pis also an uni oIved discrepancy between the Plea sand Niagara Palls Official Plan with respect to the agricultural quality of the lands. The Regional Official Plan Amcntbmcnt application (Regional Official Plan Amendment 112) far that subject lam also remains open, and was filed well prior to the Match 2005 version of the PPS, rnsldtgl the 1 997 PPS applicable. With respect to arebeeologicel assessments on the resort block expansion and proposed lifestyle cornponents, attached hem are a copy of the covers of various r ons filed with the Ministry of Culture. Esocutially all lands east of Crowlae d Road have srchaeoiogtoal clearance except for 2 remnant )eozaesteads (Macklem sled Stcinc►ft) load within the resort blow on the south side of Grassy Brook Road. Stage 4 e xcevatians of these twee sites were conducted and flied with the Ministry in 2004 (per attached AMICK April 2005 transmittal) and we have yet to receive any response to Likewise with the west court expansion west of Morris Road. Stage 1 -3 assessment was completed in February 2005 and flied with the Ministry of Culture in April 2005. We have yet to receive a response to the sunnc. If you desire e< copy of the reports, we are happy to provide them to you request once AMICK inns the a your have s of S opportunity to reproduce them. For some reason, we do not copy Stage 4 excavations on the former Mackkan and Stelnof homesteads In the resort block expansion that were filed with the Moistly assessment has clearly been completed and at lest i in 2004. However mace the response frvten the Ministry, we d ask that our hoe transpired with no be cit+eutadad for applications and misted 9t�isaivara Ia the meantime. we will pursue the long overdue commentsicleartarces clew e Ministry of Culture on the documents filed with them, With respect to the revised servicing report, Philips Engineeting is just finalizing the wised report and will submit that report directly to you during the week of June 5 2006. PAGE :1 PAGE 02/83 06/07/2006 13 :47 9052761973 e6/82/2006 15 ;19 9858668894 Gi L1 SCHNARR ASSOCIATES INC. rtlse t tioleNA! ?IIW$T1S, Uwe bfrtLet *Eat tSU,L14ers We trust you will find the above In order And look tbrwerd to advancing further approvals of this unique development project. Plea calf if you require anything further or if wo can bo of any assistance, Yours very may, OLEN SCHNARR t ASSOCIATES INC. Cad Brew y, MCIP RPP enclosures c.c. Drew Sett Niagara Region Kan Depot ter, Philips M. Cantles, AMICK 3, Sorokolit 3 G LEN scrtu R Assoc PAGE 03 PAGE 83/03 Further Review of Minor Commercial Land use designation Lands between the Welland River and Welland St. from Cummington Square to a point about 70 m. (230 ft) west of Dock St. fall under a Minor Commercial designation and are intended to be used for a variety of small scale commercial uses. While properties in the area of Cummington Square and along Main St. have been converted or developed for commercial use, properties in the vicinity of the subject land, as well as along Bridgewater St. continue to be used for residential purposes. These dwellings have existed for a considerable period of time and a degree of stability has been achieved in. the community. Given the small, fractured land holdings in the immediate area future commercial opportunities may be limited. Staff are recommending a review of the land use designation for land west of Dock St. and for lots fronting onto Bridgewater St. If Council approves this recommendation, staff will report back on the matter at a later date. Conclusion The requested zoning amendment can be supported for the following reasons: It complies with the Official Plan with respect to non complying uses. The proposed dwelling is compatible with surrounding residential properties and should not interfere with current and future commercial uses. Recommendation 4 July 31, 2006 Council Minutes It is recommended that Council: 1) Approve the Zoning By -law amendment application to permit the reconstruction of a dwelling on the property; and 2) Direct staff to undertake a land use study to determine the appropriate land use designation for Minor Commercial designated lands west of Dock Street and lots fronting onto Bridgewater St. Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Kevin Sullivan, applicant, advised Council that he had a serious fire and would like to rebuild. With approval, Mr. Sullivan will also be able to correct the position of the porch, which currently encroaches on City property. Mayor Salci declared that the Public Meeting with regard to AM- 22/2006 is closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the report be approved as recommended. Carried Unanimously PD- 2006 -60 Chief Administrative Officer: Public Meeting, Official Plan &Zoning By- law Amendment Application AM- 38/2004 AM- 19/2006, Grand Niagara Resort Inc. Between Welland River and Biggar Road from Montrose Road to West of Morris Road. Agent Carl Brawley, Glen Schnarr and Associates. Expansion to the Golf Course and Resort Block Area and Development of a Lifestyle Residential Community. 5 July 31, 2006 Council Minutes The report recommends that (1) Council approve the Official Plan and Zoning By- law amendment applications consisting of the following subject to the detailed discussions contained in this report: (a) expansion of the golf course onto a 22 hectare (54 acre) parcel west of Morris Road between Grassy Brook Road and Biggar Road; (b) a 8 hectare (20 acre) expansion of the approved resort block, located north of Grassy Brook Road, onto a portion of the land south of Grassy Brook Road and east of Crowland Avenue; (c) a 220 unit lifestyle residential development consisting of approximately 13 hectare (32 acres) of the land south of Grassy Brook and east of Crowtand Avenue; (d) a recognition in the Official Plan of the existing golf course development south of the CP Rail line between Montrose Road and Crowtand Avenue; and 2) Approval of the components listed in 1 (b) and 1 (D) above the subject to a holding zone provision (H) to remain in place until condominium approval is granted, transportation and servicing infrastructure is developed to the satisfaction of the City, and noise, environmental impact and tree saving studies are completed; and 3) Council direct staff to initiate the process to stop up and close Crowland Avenue., between Biggar and Grassy Brook Roads and a potion of Grassy Brook Rd on either side of Crowland Rd. Including scheduling a public meeting at Council to consider the request. BACKGROUND Grand Niagara Resort Inc. has submitted Official Plan and Zoning By -law amendment applications to expand the Golf Course and Resort. Amendments for the 1' phase of the development were approved by Council in 2001 (Parts 1,2 4). Included in these approvals are 2 -18 hole golf courses, a club house, resort area with 350 unit hotel, 300 vacation villas and ancillary recreational and administrative buildings. In 2004, Council considered a further application to expand the golf course west of Morris Rd (Pt 5) and north of Grassy Brook Rd. Due to concerns about possible road closings, cart path crossings of road allowances and potential impacts on wetlands along the Welland River, Council denied this application. Since that time, the applicant has purchased additional property and has altered his expansion plans. The application presently before Council represents a comprehensive build out plan and a reworked design, identifying proposed road closures. The amendments requested would permit the following: Expansion of the golf course onto Pt 5. change in OP designation and Zoning to Open Space watercourses and wetlands to be designated Environmental Protection Area (EPA) Expansion of the Resort Block onto Pt 2. modification of the OP policies and zoning Development of a residential lifestyle community (220 townhouse and single detached residential units) on Pt 2. establish new OP policies and Zoning to permit the residential component. Planning Merits Recognition of the existing golf course south of the Cp Rail line. change the OP designation and Zoning to Open Space. protect Provincially significant Wetlands by introducing an OPA designation The applicant is also requesting the City stop up and close Crowland Avenue between Grassy Brook Rd and Biggar Rd and a portion of Grassy Brook Rd on either side of Crowland Avenue. These road closures would facilitate a new entranceway into the golf course and a centralized activity area for the clubhouse, resort hotel, parking and administration. A formal application will need to be processed.to effect these road closures. Expansion of the Golf Course Plans to expand the golf course have been modified to include lands west of Morris Rd. The expansion of the golf course north of Grassy Brook Rd between Morris Rd and Crowland Ave. is no longer being pursued. This should'alleviate some of the concems raised previously about the impact of the golf course on the Welland River wetlands and the golf cart crossings over Grassy Brook. Rd. Planning Merits 6 July 31, 2006 Council Minutes -An agricultural impact assessment submitted by the applicant's consultant concludes that there will be minimal loss in agricultural resources. -The golf fairways are a suitable use for the tablelands and do not conflict with surrounding agricultural uses and are compatible with nearby residential uses. Wetlands and valley lands will be protected by placing these lands under an EPA designation. Expansion of the Resort Block onto Part 2 OP Amendment 37 permits the development of a resort on the north side of Grassy Brook Road, consisting of 350 unit hotel, 300 vacation villas and ancillary recreational and administrative buildings. The applicant now wishes to extend a small portion of this resort block, including the hotel onto Part 2. There is no increase in the number of units proposed or the intensity of the use. The proposed changed will not impact on traffic and servicing infrastructure. The resort area expansion will be on tablelands outside of EPA designated lands and will complement the open space (golf course) designation on surrounding lands. To protect adjacent environmental lands an Environmental Impact Study will be required to determine any mitigation measures. The resort development will remain outside of the 1.09 kilometre buffer established to protect sensitive uses from the impacts of Cytec's industrial operation. Residential Lifestyle Development Part 2) A unique form of residential lifestyle community is being proposed, geared towards adults 55 yrs of age or older. Approximately 220 units consisting of 59 single detached dwellings 161 townhouse units are proposed in 2 blocks situated between Grassy Brook and Lyon's Creek tributaries east of Crowland Ave. Planning Merrits As the residential blocks are within the City's urban area boundary, no expansion of the boundary is occurring. The residential blocks are outside the 1.09 kilometre buffer radius established to protect sensitive uses from the impact of Cytec's industrial operations. The blocks are integrated into the design of the golf course. An Environmental Impact Study will be required to ensure that impacts on adjacent wetlands are mitigated. A form .lifestyle community is being proposed catering to `empty nester' households. On site services such as recreational facilities and security will be provided. The adult oriented residential development, forming part of the comprehensive resort development is a unique housing form that is currently not provided in the City and will provide additional diversity in housing options. Recognition of Existing Golf Course and Environmental Lands South of the CP Rail Line Part 3) Lands south of the CP Rail line are designated Industrial in the OP. As a housekeeping exercise, these lands will be redesignated to an Open Space category consistent with the rest of the golf course resort. Planning Merits This redesignation gives the City an opportunity to redesignate an existing provincially significant wetland as an Environmental Protection Area to properly recognize and protect the wetland. Zoning Amendments to the zoning by -law will need to be made to effectively implement the proposed Official Plan land use and policy changes. Highlights 7 July 31, 2006 Council Minutes The Open SpaceZoning which currently applies to the existing golf course will be extended over the expanded golf course area. An Environmental Protection Area (EPA) Zoning will be applied to wetland and watercourse areas. Resort Block zoning which currently applies to lands north of Grassy Brook Road will be extended southerly to the proposed resort block expansion area. zoning regulations will be amended to'permit apartment dwellings as part of the resort hotel in addition to time share and hotel rooms staff recommend that appropriate setback provisions be maintained the size of accessory office and recreation facilities will be increased to approximately 10,700 square feet. Staff do not recommend that the proposed residential blocks be placed under a standard residential zoning category. In order to provide for some flexibility in- the design of these unique housing forms, special provisions should be established as a component of the Open Space Zone. -8 July 31,2006 Council Minutes A holding zone provision will need to be applied to this residential component. a variety of technical and design matters will need to be addressed before the holding zoning provision is lifted i.e. completion of EPA studies, submission of condominium plans, noise and vibration study, etc.) Proposed Road Closings The build -out plans for the expanded Grand Niagara Golf Course Resort contemplate a new main entranceway off of Biggar Road and the use of Crowland Avenue as a private driveway into the centre of the resort complex. A request to close Crowland Avenue between Biggar Road and Grassy Brook Road has been made by the applicants. A small portion of Grassy Brook Road on either side of Crowland Avenue is also requested to be closed to accommodate a central activity area comprised of resort hotel, administration building, club house and parking. Planning Merits The intersection of Crowland Avenue and Biggar Road together with the diagonal crossing of the CP rail line is a public safety hazard. Eliminating the north leg of Crowland Avenue at this intersection and replacing it with a newly configured entranceway into the resort complex is not only appropriate but highly desirable. Crowland Avenue is no longer required for public access purposes. All private properties have been purchased by the applicant. The closure of Grassy Brook Road on either side of Crowland Avenue does not impact adjacent residential properties. All residents have direct access to a public road. Grassy Brook Rd west of Crowland Ave abuts the Welland River for a stretch of approximately 100 m. In this section, unstable soil conditions are causing the road to shift. Should this portion of Grassy Brook Rd remain open, the stabilization costs will be about $200,000. The City can avoid these costs be closing up and stopping a portion of Grassy Brook Rd, as requested. The down side of the Grassy Brook Road closure proposal is the inconvenience caused to east -west traffic movement. Staff are of the opinion that there is sufficient merit in formally processing the road closure request through the required public meeting process. Site Plan Control Through site plan control, the detailed site servicing plans, environmental mitigation measures, archaeological measures and landscaping will be implemented. A site plan agreement will not be executed until all the matters covered under the holding provision are dealt with and the hold symbol is lifted. Plan of Condominium Through the plan of condominium stage an acceptable subdivision layout with a second means of access to the condominium blocks will be determined. In addition, detailed site servicing and drainage and environmental mitigation measures will be determined and implemented. Registration of condominium plans will be subject to lifting the hold zone. Conclusion The requested amendment to the Official Plan can be supported as follows: 9 July 31, 2006 Council Minutes The addition of the land west of Mon St. has little impact on agricultural resources and environmental lands in this area will be protected under the appropriate designation. The resort block expansion is modest in size and does not result in an increase in the number of hotel or vacation villa units. The addition of a residential lifestyle community component represents a unique type of development which expands the choice of housing opportunities available in Niagara Falls. This development will take place within the urban boundary and will have access to full municipal services. The designation of the lands south of the CP Rail Line for Open Space purposes is consistent with approvals already given. Appropriate zoning provisions will be established to implement Official Plan land use designations and-policies. The closures of Grassy Brook Road and Crowland Avenue are important components of the overall design of the project and will require Council's further consideration. Recommendation: It is recommended that: (1) Council approve the Official Plan and Zoning By -law amendment applications consisting of the following subject to the detailed discussions contained in this report: (a) expansion of the golf course onto a 22 hectare (54 acre) parcel west of Morris Road between Grassy Brook Road and Biggar Road; (b) a 8 hectare (20 acre) expansion of the approved resort block, located north of Grassy Brook Road, onto a portion of the land south of Grassy Brook Road and east of Crowland Avenue; (c) a 220 unit lifestyle residential development consisting of approximately 13 hectare (32 acres) of the land south of Grassy Brook and east of Crowland Avenue; (d) a recognition in the Official Plan of the existing golf course development south of the CP Rail line between Montrose Road and Crowland Avenue; and 2) Approval of the components listed in 1 (b) and 1 above the subject to a holding zone provision (H) to remain in place until condominium approval is granted, transportation and servicing infrastructure is developed to the satisfaction of the City, and noise, environmental impact and tree saving studies are completed; and 3) Council direct staff to initiate the process to stop up and close Crowland Avenue., between Biggar and Grassy Brook Roads and a potion of Grassy Brook Rd on either side of Crowland Rd. Including scheduling a public meeting at Council to consider the request. Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Dr. John Bacher, 134 Church Street, St. Catharines, advised that the good feature of this proposal is that the wet lands are being protected and there is a substantial buffer but he felt more study should be given to other forests in the area. He also felt that if the developer funds a tree savings plan it undermines its objectivity. 10 July 31, 2006 Council Minutes Dolores Wright, 9963 Grassy Brook Road, felt that although there have been changes to the proposal there has been inflexibility on the part of the developers. She felt there were still options to keep Grassy Brook open. Mrs. Wright indicated that Pebble Beach golf course functions with a road through it. She also questioned the impacts on residents, wildlife and costs of services to the residents. David and Valerie Leadley, 8228 Grassy Brook Road, were in support of the comments forwarded by Dolores Wright and inquired as to repair of the roads. The Director of Municipal Works indicated thatthe closure of Grassy Brook would necessitate improvements. to Morris Road and that the .developer pays for extension of services through development charges. He also indicated that the City would still be responsible for maintenance and ploughing in the area despite proposed changes. Denis Boulet, 9931 Grassy Brook, said the road closure would inconvenience him and other residents on Grassy Brook. He felt the extra distance, necessitated by road closures, would add up over the years. Bob Robinson, 9827 Grassy Brook Rd., felt that the development was positive for the economy but there were ways of doing the development without closing the road. He also felt that the road needed repairs. Gord Clendening, 9072 Grassy Brook Rd, is upset that the road will be closed, he advised that the road is in terrible shape and is in need of repair and felt historical agreements called for its preservation. Ingrid Kneller, 9497 Grassy Brook Road, is in full support of this proposal including the closure of Grassy Brook Road. The conditions of the road are poor and it is unsafe because of the speeding on the street. The road closure will make the area quieter and safer and allow for biking and walking paths. The success of Grand Niagara will make the whole area thrive and would be better than industrial development which was originally slated for the area. Sherry Lair, 8218 Grassy Brook Road, advised that she is not in support of the closure of part of Grassy Brook Road and had concerns about dust emanating from construction. John Grassi, owns over 80 acres on Grassy Brook Road, indicated that the development continues to expand from its original proposal. Glen Schnarr, Schnarr Associates for the applicant, outlined the changes in the proposal including reduced timeshare height, entrance changes and less obtrusive parking. He outlined who the developers have partnered with and the economic impacts of the development. Mr. Schnarr promised that there would be no future request to close Morris Road. He indicated that although they have looked into a winery/vineyard, that is not a part of this proposal Mr. Schnarr indicated that they were in support of staffs recommendations and would be open to the City keeping ownership of Grassy brook until development has progressed. Mayor Salci advised that the Public Meeting with regard to AM- 19/2004 and AM- 38/2004 is closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the recommendations be approved and also that the City retain title of the property until a certain amount of progress has been made. Motion Carried with Alderman Wing opposed. -11 July 31, 2006 Council Minutes Alderman Campbell AYE Alderman Diodati AYE Alderman loannoni AYE Alderman Kerrio AYE Alderman Morocco AYE Alderman Pietrangelo AYE Alderman Volpatti AYE Alderman Wing NAYE Mayor Salci AYE MAYOR'S REPORTS. ANNOUNCEMENT Mayor Salci advised of a recent event: A sod turning at Station 6 in Crowland. The project had been a long time coming and represents an investment of more than a million dollars in our Crowland volunteer facility. COMMUNICATION AND COMMENTS OF THE CITY CLERK 1 Mmwave Technologies requesting approval fora Wireless Network, 18 Ghz High Performance Microwave Antenna. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell thatthe communication be approved. Carried Unanimously 2 Correspondence from Brian Wilkie, re: Niagara Falls Hydro Inc. Affiliate Relationship Code Compliance. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco thatthe communication be approved. Carried Unanimously 3. Correspondence from Kathy Powell, Museum Manager, re: Provincial Community Museums Operating Grant Programme. RECOMMENDATION: For the Consideration Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the communication be approved and that a letter be sent to the Ministry in support of the increase to the Provincial Community Museums Operating Grant. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the actions taken in Community Services, on July 31, 2006 be approved. Carried Unanimously 1) That the minutes of the July 10, 2006 meeting be approved. 2) That Council reduce the lottery licence fees for Bingo from -the current 3% of licensed prize board to 3% of the actual prize paid and that by -law 2003 -35 be amended accordingly. 06 -28 Mayor R. T. (Ted) Said City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Mr. Dean lorfida, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Mr. Doug Darbyson Director of Planning Development 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir: CITY OF WELLAND Office of the City Clerk 60 East Main Street Welland, ON L3B 3X4 Phone; 905 -735 -1700 Fax: 905- 732 -1919 E -mail: barb.gallaccio @welland.ca September 15, 2006 At its meeting of September 12, 2006, Weiland City Council passed the following resolution: "THAT the presentation by Gord Clendening, at the September 12, 2006 General Committee Meeting regarding the proposed closure of Grassybrook Road be received; and further THAT Council supports the concerns of the Welland citizens of Grassybrook Road In opposition to the closure and advise the City of Niagara Falls accordingly." Mayor Gouibourne Mr. P. Simmons, City Manager Mr. C. Stiirtzinger Mr. D. Shantz, General Manager, Engineering Public Works and Transportation Services /City Engineer Mr.. K. Roach, Acting Chief, Fire Emergency Services Yours truly, BGlms BARBARA GALLACCIO e/f Acting City Clerk Niagara Falls The City of Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning a�niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 30, 2006 Re: PD- 2006 -92, Zoning By -law Amendment Application AM- 35/2003, 6361 Fallsview Boulevard, 6408 Stanley Avenue and Associated Off -Site Lands Applicants: 876891 Ontario Ltd., 1140464 Ontario Inc. and 1229142 Ontario Inc. Agent: Ed Lustig, Broderick Partners Modifications to Proposed Expansion to the Hilton Hotel 1. That Council approve modifications to the approved Zoning By -law amendment for the proposed Hilton Hotel expansion, consisting of the following: a building height of 172 metres (564 feet) with a rooftop architectural feature of 6 metres; a gross floor area of 153,000 square metres (1,647,000 square feet); and revisions to the massing and architectural detailing of the new tower and podium and function of the atrium complex, as detailed in this report. 2. That passage of the amending zoning by -law be subject to: execution of a Section 37 agreement based on a $1,200,000 capital facilities contribution directed to the Niagara Falls Arena project and a streetscaping contribution of $285,000 directed to streetscaping works on abutting street frontages; execution of a site plan agreement; and a revised traffic and parking study to the satisfaction of the City. PD- 2006 -92 Doug Darbyson Director In 2004, Council approved an application by 876891 Ontario Limited, 1140464 Ontario Inc. and 1229142 Ontario Inc. (Niagara Falls Hilton) to amend the City's Official Plan and Zoning By -law Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 30, 2006 2 PD- 2006 -92 for the lands at 6361 Fallsview Boulevard, site of the Hilton Hotel, and 6408 Stanley Avenue, both shown as Parcel 1 on Schedule 1, and two associated parcels, being the former Jungleland mini -putt site and a portion of the Hydro corridor west of Allendale Avenue, shown as Parcels 2 and 3, respectively, on Schedule 1. The amendments were requested to permit changes to the previously approved development of a new 5 8- storey hotel and convention centre on Parcel 1, in addition to the existing 15- storey and 32- storey hotels on the property, and both the permanent and temporary off site parking as detailed in Staff Report PD- 2004 -56, attached as Appendix 1. The necessary Official Plan Amendment (No. 56) was adopted by the City and approved by the Region in 2004. Earlier this year, the following changes were proposed to the project: an increase in the gross floor area from 130,000 square metres (1,410,000 square feet) to 153,000 square metres (1,647,000 square feet); revised siting and massing of the new tower, shifting the tower back slightly from Murray Street and Fallsview Boulevard and slightly increasing the depth of the tower; and replacing the theatre with a multi- purpose atrium including restaurants (buffet style) and performance areas for hotel and convention centre guests. Prior to October 10, 2006, the applicant was proposing an increase in height from 172 metres (564 feet) to 193 metres (633 feet) to accommodate a taller podium and roof. The applicant has since modified the plans by removing 6 storeys from the proposed hotel tower (from 58 to 52 occupiable floors). The revised proposal has a height of 171 metres (561 feet) with a decorative cupola feature that projects a further 6 metres (20 feet). The requested change in height is to accommodate this architectural feature. Other than shifting the tower back slightly, slightly increasing the depth of the tower and altering the roof feature and architectural treatments, there are no other changes to the form and function of the hotel tower from what Council reviewed in 2004. No changes are proposed to the design and the usage of the off -site parking lots, shown as Parcels 2 and 3 on Schedule 1 and on Schedules 4 and 5, intended to be used for permanent and temporary off -site parking facilities, respectively, for the development on Parcel 1. Parcel 1 is zoned Tourist Commercial (TC and TC -455). Special Provision 455 permits the current development. Parcel 2 is zoned Tourist Commercial (TC). Parcel 3 is zoned TC, in part, and Institutional (I), in part. The applicant is requesting a new site specific zoning to be applied to Parcel 1 to permit the proposed development and site specific provisions to permit the permanent and temporary off -site parking on Parcels 2 and 3 respectively. Planning Analysis 1. Conformity with the Intent of the Official Plan OPA No. 56 permits the development of a new hotel tower (in addition to the existing 15 and 32- storey hotels) with a maximum building height of 172 metres (564 feet). Only the decorative cupola extends above the 172 metre building height established by the Official Plan. This cupola is similar to architectural features, such as spires, that are exempt from any height restrictions in Zoning By -law No. 79 -200. October 30, 2006 3 PD- 2006 -92 Although OPA No. 56 specifies a maximum building area of 130,000 square metres (1,410,000 square feet) this policy has been worded to give Council the flexibility to consider revisions in floor area. The primary reason for this cap is to ensure sufficient parking is provided for the project and surrounding roads can support the traffic generated. The cap of 130,000 square metres is based on the floor area of the July 2004 proposal, and includes existing and new floor area. The latest proposal has a gross floor area of 153,000 square metres (1,647,000 square feet), of which 112,193 square metres (1,200,000 square feet) is new floor area. Most of the floor area increases appear to be attributable to additional parking garage area, maintenance areas, mechanical levels in the tower and a larger pool/spa area, all of which do not generate more parking or traffic demands. This policy will be satisfied by the submission of a satisfactory traffic and parking report that demonstrates the provision of adequate parking and road infrastructure. As directed by the Official Plan, a Section 37 agreement and site plan agreement is required to be executed prior to the draft by -law being brought to Council for passage. These steps are well underway and expected to be completed shortly. 2. Review of Revised Proposal by the Architectural Peer Review Panel The revised design has been reviewed by the Architectural Peer Review Panel to ensure it meets the City's built form guidelines. The Panel is supportive of the revised proposal, which they note is significantly better than the previous design considered by Council in July 2004. Their comments are attached as Appendix 2. The Panel has recommended some minor design changes, such as keeping the retaining wall along Fallsview Boulevard at 0.9 metres (3 feet) high and providing wall vines along this sidewalk, which will be incorporated in the site plan. 3. Section 37 Public Benefits All projects between 4 and 30 storeys are required to contribute to streetscape improvements on abutting streets. It was reported to Council in 2004 that the applicant would be required to provide a contribution for the full cost of the streetscaping along the Murray Street and Stanley Avenue frontages. As the Fallsview Casino's streetscaping contribution for Fallsview Boulevard does not extend to other properties, the applicant has also agreed to contribute the cost of streetscaping on the Fallsview Boulevard frontage of the new development, Murray Street and Stanley Avenue. The streetscaping cost for the three affected street frontages is estimated to be $285,000. The applicant has also agreed to complete the streestscaping on the Murray Street frontage of the Jungleland parking lot (Parcel 2 charge to be calculated). A letter of credit to secure this work will be collected. In addition, developments are required to make a cash contribution to one or more specific projects in exchange for a height increase over 30 storeys. Through the adoption of OPA No. 56, Council negotiated a cash contribution of $1,200,000 to be directed to one or more of the following projects: Niagara Falls Arena project, Millennium Trail project, Hydro corridor trail and buffering project and the Niagara Falls Community centre project. The applicant prefers this contribution be dedicated to the Hydro corridor trail and buffering project or alternatively the Niagara Falls Arena project. As the Hydro corridor trail project has not yet been initiated, staff is recommending this contribution be dedicated to the Niagara Falls Arena project. October 30, 2006 4 PD- 2006 -92 4. Parking Council previously approved the following standards for this project as justified by a parking demand study: an increased site specific standard of 0.8 parking spaces per hotel room; and 7.9 spaces per 100 square metres of convention centre space and no required parking for ancillary restaurants or retail space. As there are now about 60 fewer hotel rooms, there will be a reduction in parking requirements, however, this may be offset by the increase in occupancy for the restaurants. A parking study update is underway and needs to be completed to the satisfaction of the City prior to passage of the amending by -law to ensure the above noted standards are still applicable. If the above noted standards are applied, 910 parking spaces will be required and can be provided with the temporary use of the Allendale lot (as previously approved by Council for up to three years) or through the use of parking stackers in the on -site parking garage. 5. Proposed Zoning By -law Amendment The proposed by -law to permit the new hotel and podium construction would contain regulations to ensure the following: 6. Site Plan Agreement a maximum building height of 172 metres above Fallsview Boulevard plus decorative features such as cupolas, consistent with previous high -rise hotel approvals; the floor area, restaurant seating and convention centre area is restricted to what is proposed; parking stackers are provided at a proper standard; and the applicant enters into a Section 37 agreement to secure the contribution for capital facilities and streetscape improvements. A temporary use by -law will also be passed to allow a portion of the required parking to be provided on the Allendale site (Parcel 3) for a period of three years. At the expiry of this by- law, parking stackers will need to be installed in the parking garage. Under the terms of OPA No. 56, a site plan agreement is to be executed for the development, prior to passage of the amending by -law. In addition to the normal matters secured under site plan control, the agreement will secure the installation of parking stackers in the parking garage at the expiry of the temporary use by -law for the off -site parking and the installation of streetscaping of the south side of Murray Street abutting the Jungleland site. When Council considered this matter in 2004, the site plan agreement for the existing 32- storey Hilton Hotel development had not yet been executed. Since this time, this agreement has been executed and registered on title, and the related securities have been received by the City. October 30, 2006 5 PD- 2006 -92 CONCLUSION: 1. The requested changes to the proposed Hilton Hotel can be supported for the following reasons: the revised proposal is in keeping with the intent of the Official Plan and the site specific OPA No. 56; the additional floor area is not expected to have an impact, subject to confirmation by a traffic and parking report. 2. The amending by -laws will restrict the development to what is proposed on Schedules 2 and 3 and will permit parking on the Allendale (Parcel 3) site on a temporary basis only. 3. A Section 37 agreement will be executed prior to passage of the amending by -law to secure the $1,200,000 million contribution for capital projects and the $285,000 contribution for streetscape improvements outlined in this report. 4. A site plan agreement will be executed prior to passage of the amending by -law and will include measures to secure the required parking stackers. Prepa drew Bryce Planner 2 the proposal has been satisfactorily reviewed by the Architectural Peer Review Panel; and Recommended by: Doug Darbyson Director of Planning Development Ravenda Executive Director of Corporate Services AB:gd Attach. roved b S:1PDR12006\PD2006 -92, AM -35 -2003, Modifications to Proposed Expansion of Hilton.wpd espe tfully sub 'tted: John MacDonald Chief Administrative Officer Subject Property Location: KK 1S Requests1200SchedWcs\ZoningAM AM- 35\mapping.apr SCHEDULE 1 LOCATION MAP .//24 Official Plan and Zoning By -law Amendment. Parcel 1: 6361 Fallsview Boulevard. Parcel 2: Southwest corner of Murray Street and Stanley Avenue. AM-35/2003 Parcel 3: West side of Allendale Avenue. Applicant: 876891 Ontario Limited., 1140464 Ontario Inc and 1229142 Ontario Inc. 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Il aril 'II 11 'alai iulhi is TI IIff11 ill a llflii I )11)11 II li HUD 11 Il 'Illlii U Hi11 iiI 11' ii'Hi1 '11 ii 'liNll IIii ill BIB Ili ill ijII11 I 111 Ili ii IlAll 11 if BM U 111 111' Ill iiillO ill 'll.HlIii U Iii 11' Fi Lli :5 ih ill lid) ii U Ili 111 i ;1tilii Ili iii) Iillli 111 Ii; [.7111, !ii n_ j i ll ii town n_ iIIIIiIIIfII1llilln11Ii111 Iitlllnnil a MURRAY 00 4 /500 a o -W- E A: 15112 p9f (PIN 66351 01 32) (P14 64351 -0131) I t g i i 1 I 1 4 4 1 PIN 64351-0114 1151. 178426 3� 1 i th i yid I 11 1 i Immo, au a 1101111111 1111111111 111111i IIIIIUMW 1 1 x i 13;:5LS:g3 :s::r:zt."ie id? 1I a r s J '11110 j t s 1 as z n 0 a. c o. a= M D pp O E T: on' z d r EE v ae !hulk gidt 11 0 Z t, ix I II 14 1 s ro 1; 1 1 E 111111I!!111�1E111li�llll MEM INIII11G1 1111111 111101132111111P 11111E111 1t 1 El 11 ila /1 twill 5 r t- 1 i�� C RSiN SR illigic gl iC11111 P P I P I IMMUM I g ilt213Ittangg5;:urez4; Wilt 1 E 1,11 The City of Niagara Falls Canada Members: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalts.on.ca Ter.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning ©city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Appendix `1' July 12, 2004 parking to be provided in tandem on Parcels 2 and 3; and PD-2004-56 Doug Darbyson Director The recommendation(s) contained in this report were adopted as amended by City Council Re: PD- 2004 -56, Official Plan Zoning By -law Amendment Application AM-35/2003, 6361 Fallsview Boulevard Associated Off -Site Lands Applicants: 876891 Ontario Limited, 1140464 Ontario Inc. and 1229142 Ontario Inc. Agents: Peter Smith, Planner; Stephen Diamond, Solicitor Proposed Expansion to the Hilton Hotel RECOMMENDATION: It is recommended that: 1) Council approve amendments to the Official Plan and Zoning By law to permit: a proposed 58 storey expansion to the existing Hilton Hotel containing 464 rooms; a portion of the required parking to be located off -site on Parcel 2 and, on a temporary basis only, Parcel 3; fewer parking spaces than currently required by the Zoning By-law; a reduction in the dimensions of the parking stalls and manoeuvring aisles as prescribed in the Zoning By -law; 2) the Official Plan be amended in accordance with the draft amendment attached to this report as Appendix 1; 3) before the amending Zoning Bylaw is brought before Council for approval, the applicant shall execute, and the City Solicitor shall have ready for registration, a new site plan agreement for the proposed development and a section 37 agreement, the latter ofwhich shall secure the following matters: Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 12, 2004 -2 PD- 2004 -56 contribution in the amount of which shall be directed toward that the parking structure be constructed so as to provide for "parking stackers" to allow for additional on -site parking in the event of closure of the Allendale parking lot; that the parking levels within the parking structure be designated as valet parking only; the theatre be for hotel or conference centre patrons only; architectural design including, but not limited to, surface articulation, exterior materials and roof structure, that is satisfactory to the Architectural Peer Review panel and the Director of Planning and Development; and a contribution attributable to the existing development in the amount of $99,141 for the costs incurred by the City in respect to the streetscaping of Murray Street west of Fallsview Boulevard; and a contribution attributable to the proposed development for streetscaping along the Stanley Avenue frontage. 4) Council require the applicant to construct immediately closed -board fencing along the west property line of the Allendale parking lot adjacent to St. Mary's Ukranian Catholic Church. and that the contributions related to Section 37 be negotiated between staff BACKGROUND: and the applicant subject to Council's approval.** 876891 Ontario Limited and others have made application to amend the Official Plan and Zoning By-law for the lands at 6361 Fallsview Boulevard, site of the Hilton Hotel and a Denny's Restaurant, and 6408 Stanley Avenue, site of the Days Inn, both shown as Parcel 1 on Schedule 1 and two associated parcels, being the former Jungleland mini -putt site and a portion of the Hydro corridor west of Allendale Avenue, shown as Parcels 2 and 3, respectively, on Schedule 1. On January 19, 2004, Council approved the _recommendations of report PD- 2004 -07, a status report on the proposed expansion to the Hilton Hotel. This report, which is attached, reviewed the issues surrounding this proposed development with the purpose of informing Council and seeking its direction to continue negotiations with the applicant to resolve these matters. Since then, staff, together with the Architectural Peer Review (APR) panel, has extensively worked with the applicant and its consultants to the point where a revised application can now be brought before Council for consideration. The amendments are requested to permit: a proposed 58- storey expansion to the existing Hilton Hotel containing 464 rooms; fewer parking spaces than currently required by the Zoning By -law; a reduction in the dimensions of the parking stalls and manoeuvring aisles as prescribed in the Zoning By -law; July 12, 2004 3 PD-2004-56 a portion of the required parking to be located off site on Parcels 2 and 3; and parking to be provided in tandem on Parcels 2 and 3. Details are shown on Schedules 2, 3 and 4. The subject lands are designated Tourist Commercial in the Official Plan. A portion of Parcel I is deferred in respect to the application of building heights. The applicant is requesting a special policy within the Official Plan to permit a building height of 172 metres. Parcel 1 is zoned Tourist Commercial (TC), in part, and TC -455, 503 and 507. Special provision 455 permits the current development. Special provisions 503 and 507 permit required parking to be temporarily located on Parcels 2 and 3, respectively. Parcel 2 and Parcel 3 are correspondingly zoned TC -503 and TC -507. The applicant is requesting a new site specific by -law be applied to the subject lands to permit the proposed development. Since the last time Council saw the application on January 19 the proposed development has been revised in the following manner: the single tower concept has been changed to a two tower concept with the proposed 58- storey expansion now being located on the north side of the property adjacent to Murray Street, as shown on Schedule 5; the number of new hotel rooms has been reduced from 487 to 464 for a total of 963 rooms; and the parking structure will be designed to accommodate parking "stackers" to permit additional on -site parking in the event of the closure of the Allendale lot. Flannbig Analysis The applicant's proposal to construct a 58 storey tower to be added to the existing hotel complex would be the tallest building in the City, surpassing the Skylon Tower by 55 feet. The proposal is to be reviewed based on the City's established Official Plan policies and the Tourist Policy Implementation Handbook adopted May 31, 2004. 1. Building Height Official Plan Amendment (OPA) #26, which enacted the current Tourist Commercial policies, established a 30- storey building height for the Fallsview District. However, during the approval of OPA #26, a portion of the subject lands was deferred from approval, in respect to building height only. Because of this, the 30- storey maxim does not apply to the deferred portion of the site. However, the proposal still has to meet the Plan's objectives, criteria regarding environmental impacts and the policies established in the Implementation Handbook. The subject proposal will establish the building height for the deferred portion of the property. July 12, 2004 4 PD- 2004 -56 The applicant proposes to construct a 58 storey addition to the existing building. As shown on Schedule 5, the addition will be a second high -rise tower on the site, located adjacent to Murray Street. The Plan requires that any height above 30 storeys be justified through submission of a planning report and that no significant adverse impacts will be created. It also states that the skyline be characterized by the three viewing towers. Moreover, the Implementation Handbook contains policy directives that apply to buildings in excess of 30 storeys. The Handbook states that opportunity exists for the construction of high -rise buildings in excess of 30 storeys. There should be a gradation of buildings eastward to Queen Victoria Park and westward to the residential lands; also, that a 300 metre radius around the Skylon Tower should be protected in order to protect and preserve its iconic status. The proposed 58- storey tower essentially complies with these policies. The proposed tower is located within the "second tier" along the west side of Fallsview Boulevard. Because ofthis, the tower is separated from the moraine by developments on the east side of Fallsview Boulevard. The tower is some distance from the residential lands to the west. It is also located outside the 300 -metre radius of the Skylon Tower. By being outside the 300 metre radius, prominence of the Skylon as a skyline feature is not compromised. As noted by the applicant's consulting planner, separation distance has preserved both Seattle's Space Needle and the Calgary Tower as icons of each city's respective skyline. In both cases, neither is the tallest building in the city; the Space Needle is the sixth tallest in Seattle with the tallest, the Bank of America Tower, being 100 metres taller. The applicant's planner provides notes further that the Official Plan states that the area around Casino Fallsview shall become the second activity node in the Tourist Area. A wide range of commercial uses is to be provided to ensure that the node is an important tourist destination. With this policy context, the FallsviewfMurray node has become characterized by buildings with expansive podium and floor plates, notably Fallsview Casino, the Skylon Tower and the proposed Skylon development on the northeast corner. The applicant's planner states: The result of these large floorplate uses is that there will be fewer high -rise towers in the immediately surrounding area and, as a consequence, ongoing protection of sky exposure, in contrast to the denser cluster of tightly- spaced high -rise towers that has developed in the vicinity of the Fallsview /Main/Portage intersection, both in the front and back tiers. Within the site's built form context as described above, a landmark high -rise tower on the subject site is particularly appropriate and will not result in an unacceptable impact on sky views. 2. Built Form and Massing The Official Plan states that high -rise developments should not create a solid wall at the top of the moraine and that appropriate gaps be maintained between buildings. In order to achieve this, the Plan prescribes a base podium, towers stepping back from the podium and again at the fifteenth storey. The intent is that tall buildings not overwhelm the public realm by providing a pedestrian base and a reduction in mass with increasing height. The July 12, 2004 a maximum floor plate area of 10,000 to 12,000 sq. ft. to ensure that towers are not excessively large; 5 PD 2004 56 Implementation Handbook reinforces achievement of tall, slender buildings within its Skyview Principle. This principle is a concept to maximize sky, light and air transparency by building buildings with adequate spacing and mass in order to reduce shadowing, the blocking alight and air penetration. The Handbook contains certain design objectives that would implement the principle that including: a length to width ratio of not more than 1 :1.5, a de facto prohibition on wide, slab- like buildings; a separation distance of at least 25 metres between towers to provide for sky view and light penetration; and buildings are to be set to the streetline and are to have a stepback of at 10 feet from the streetline above a height of 50 feet to ensure pedestrian -scale and to assist in the mitigation of wind impacts. The previous design of the proposed had raised concerns regarding massing and the creation of a wall within the second tier. This was the most problematic issue of the previous design. Consequently, the applicant responded, after extensive discussion, to modify the design by moving the 58- storey tower to the north side of the development. In this way, the greatest area of massing of the proposed building has been reduced to affect only up to the fifteenth storey. Above this height the building splits into two towers, the existing 32- storey and the proposed 58- storey. The proposed addition to the Hilton is in compliance with these criteria. The floor plate area of the tower is approximately 10,100 sq. ft., with a length to width ratio of 1:1.6. Although there is a slight deviation in the length to width ratio, it only represents 10 feet of width which is not significant. The towers are separated by over 91 feet (28 metres). The towers rise above and are set back from an extensive podium that extends to the three street frontages of the subject lands. The podium contains pedestrian -scale uses including retail and restaurants together with convention/banquet facilities and a theatre. As such, the proposal represents a comprehensive development of approximately two- thirds of the MurraylFallsviewfDixon/Stanley block. 3. Architectural Peer Review City policy is that buildings above 10 storeys be subject to an Architectural Peer Review. The Implementation Handbook concurs that Architectural Peer Review should be used to encourage architectural excellence. The Panel is to evaluate the massing, diversity of heights, setbacks; as well as the features of the building base (podium), tower shaft and roof treatment, among other matters. The Architectural Peer Review (APR) panel report is attached. The panel's review can be summarized as follows: July 12, 2004 6 PD- 2004 -56 4. Microclimate Issues 5. Density The podium provides for positive street frontages and is well- scaled for pedestrians. Refinements in architecture of the podium should be made to achieve greater (architectural) compatibility with the towers. Landscape is to be consistent with the Streetscape Master Plan. The "water and ice" theme needs to be addressed and included in the section 37 agreement. The proposed tower will be a landmark building, set within the second tier and will be less imposing than a smaller building set close to the moraine. The tower height is acceptable due to the large podium and the transitional (15- storey) building to the south. Additional design could improve its appearance. The building will provide for a variable skyline height and be within the context of the development with small, medium and large structures. The provision of a high podium and colonnades with towers set back should produce a very good microclimate for pedestrians .including wind and weather protection. Sun shadowing is acceptable. The Official Plan requires that high-rise buildings not create adverse impacts at street level or on open space and residential areas by virtue of wind or shadowing. Studies must be submitted to address the climatic conditions created by tall buildings. As noted above, the building design of a large podium and towers well set back should assist in mitigation of wind impacts. This has been supported by the applicant's wind study. The consultant has also stated that the two tower concept will improve wind conditions over the previous design. It should be noted that the building is outside the study area for the Niagara Parks Commission's recent study on misting. The stn/shadow drawings indicate that shadowing will not significantly impact adjacent properties or streets. When the application for the Hilton was circulated to commenting agencies and internally, concerns were raised regarding the impact of developments of this scale and magnitude will have on services and road capacity. While the applicant's consultants have provided satisfactory reports to show that the existing infrastructure has the capacity to accommodate the development proposal, the Region is still concerned with respect to future impacts should more development be proposed at similar densities, especially from a traffic perspective. Municipal Works has responded by stating that the proposed Hilton Hotel expansion, despite exceeding some of these design parameters, does not present a Long -term risk to the intent of the transportation or servicing initiatives that have been completed or planned for the future. Accordingly, a strategy that uses conservative estimates and a phased -in construction program gives the City the flexibility to adjust to minor deviations in the expected density on prime development lands. As certain capacity constraints are approached, new solutions can be identified and addressed. July 12, 2004 7 PD- 2004 -56 6. Public Benefits The Official Plan requires that all developments between four storeys and 30 storeys are required to contribute to streetscape improvements for all street frontages. Contributions are to be in accordance with the design requirements of the Streetscape Master Plan and are collected through agreements under section 37 of the Planning Act. In this regard the existing Hilton Hotel development was responsible for contribution to improve the frontage along both Fallsview Boulevard and Murray Street. The Fallsview improvements were completed under the payment made by OLGC and TMC. However, the costs associated with improving Murray Street are to be collected. These costs are calculated to be $99,141. The applicant will also have to contribute to the costs of streetscaping along the Stanley Avenue frontage. Detailed design is now being undertaken by the Region for this portion of Stanley Avenue. As such, a cost attributable to the new development should be readily obtainable from the Region. It is recommended that the collection of these streetscaping costs be a condition of the section 37 agreement and payable prior to the issuance of any building permits. The Handbook provides that any development seeking approval of an Official Plan amendment beyond the 30- storey height provision be subject to cash contributions toward public facilities which improve the quality of life for residents and visitors of Niagara Falls. This provision responds to the community's desire to be compensated for the privilege of building higher. Council, however, retains the right to grant approval of an increase in height (a bonus). In return for obtaining an approval for an increase in height, the developer then elects to enter into a section 37 agreement that details the nature of the public benefit that is to be returned to the City. For buildings proposed to be constructed in excess of 30 storeys in height, the Handbook contains a formula that is applied to a development in order to obtain the amount of the contribution toward one or more community facilities. This is the subject of report no. PD- 2004-62. In this case, the tower has a 10,100 sq. ft. floor plate that has a value of construction of $139.75 per square foot, as determined by Stats Canada in their construction cost guide for 2004. A 5% cash contribution would be calculated as follows: Each floor at 10,100 sq. ft. at $139.75 per square foot would be valued as $1.41 M per floor. The value of 28 floors would be: 28 x $1.41 $39.5 M. 5% of the total value of the additional floors would be $39,5 M x 5% $1.98 M capital facility value or cash contribution. Council has yet to address where this contribution should be allocated. The facility that is to be constructed or where the funds are to be contributed is to be specifically stated within July 12, 2004 8 PD- 2004 -56 the Official Plan amendment and within the section 37 agreement, together with other matters and services noted below, which is to be ready for registration on title prior to the passage of the amending by -law. Other matters, as noted in the recommendation, that are to be secured through the section 37 agreement are: the parking garage shall be constructed to accommodate parking "stackers" in the event of the closure of the Allendale lot; the parking levels with or without the stackers shall be valet only; the theatre shall only be for hotel or convention centre patrons only and architectural design, including and not limited to surface articulation, exterior materials, roof structure and pedestrian -scale uses, that is satisfactory to the Architectural Peer Review panel and the Director of Planning and Development. The above matters are considered to be essential aspects of the development but fall outside the normal zoning regulations and therefore are recommended to be included within the section 37 agreement. 7. Parking and Use of the Hydro Corridor The provision of parking in the tourist core is a significant issue. The Handbook states, as a general rule, that all required parking for new development should be provided on -site. Further, new development should concentrate parking in structure lots or underground. The Hilton utilizes two off-site parcels to provide required parking in combination with an on -site surface parking area behind Denny's. These parcels, the Jungleland lot and the Allendale lot, shown as parcels 2 and 3 respectively, have been approved for use as temporary use by- laws. The temporary use by -laws expired on April 15, 2004. The application made proposes to zone these parcels permanently for parking and to provide parking on -site within a three -level underground parking structure. Moreover, the applicant proposes to reduce the number of parking spaces to be provided for the development and to reduce the parking module dimensions, as required by the Zoning By -law, to accommodate more vehicles both on -site and off-site. These proposals have been supported by a parking demand analysis and an analysis and justification of the proposed module size. Planning and Parking Traffic staffs have reviewed the supporting documents and can accept the proposal to reduce the number of parking spaces and to reduce the parking module size, However, the proposal to utilize off -site parking, at least with respect to the Allendale lot, is of concern. During the public consultation process of the Tourism Policy Review, comments were received that use of the Hydro corridor adjacent to Allendale Avenue was a threat to the residential lands to the west in terms of noise, dust and lighting impacts, as well as the potential for tourism uses to begin establishing in the residential areas. Because of this, the Handbook recommends that the City prepare a Corridor Plan for submission to Hydro One as part of Hydro One's Secondary Plan Land Use Program to allow use of the corridor as a transitional area and a stable boundary to the Tourist Commercial lands. The July 12, 2004 9 PD- 2004 -56 plan would explore open space linkages, pedestrian routes and connections and a range of compatible uses. The Corridor Plan has to be submitted to Hydro One by May 31, 2005 after which Hydro One will have to approve it and the City will have to adopt any changes to the Official Plan and Zoning By -law. As the process will take up to three years to complete, staff has advised the applicant that it can only support a further temporary use by law and that parking will ultimately have to be removed from the Allendale lot and provided on -site. The applicant has responded by modifying the design of the parking structure to accommodate parking "stackers" which are hydraulic lifts that allow for vertical stacking of vehicles. Stackers are apparently used in large urban centres, such as Montreal, where parking is at a premium. The section 37 agreement will contain a condition respecting construction of the parking structure to provide for stackers and submission of a Letter of Credit as a guarantee. 8. The proposed Official PIan amendment is appropriate. The proposed amendment document is attached to the report as Appendix 1. The document permits the proposed expansion of the Hilton Hotel to a maximum height of 172 metres and contains a list of matters and services, as noted in the recommendation, that the developer is to provide as part of the section 37 agreement. The amendment will satisfy the deferral that currently exists on part of the lands and will establish 172 metres as the maximum height for the property as an exception to the Plan. Once approved in principle, staff and the applicant will finalize the wording of the amendment which will then be brought back to Council for adoption and then sent to the Region for approval. Within this time period, the amending zoning by -law, section 37 agreement and site plan agreement will be prepared. It is recommended that the agreements be executed by the applicant and be ready for registration prior to the amending by-law being brought before Council. In this manner, Council can be satisfied that all conditions have been appropriately addressed. 9. Other Issues Staffreported previously that the applicant had yet to execute the current site plan agreement to allow it to be registered. To date, this agreement has not been registered as various associated legal documents have not been executed by the applicant. Accordingly, it is recommended that the approval of the amending zoning by law be withheld until the current site plan agreement or a comprehensive site plan agreement encompassing the current and future development is registered. Staff has received a letter of concern from St. Mary's Ukranian Catholic Church located west of the Allendale lot. The church is currently experiencing litter, noise, dust and lighting impacts together with trespassing from users of the Allendale lot. Because of this, staff is recommending that Council require the developer to immediately commence construction of a closed -board fence along the mutual property line. July 12, 2004 -10 PD- 2004 -56 CONCLUSION: Based on the foregoing, staff can recommend approval of the proposed amendments to the Official Plan and Zoning By -law to permit a 58- storey expansion to the Hilton Hotel because: the proposed development is in keeping with the objectives of the Official Plan; the lands are suitable for a building of such a height, being within the second tier and in excess of 300 metres from the Skylon Tower; Prepared Approved by: JB:gd Attach. the proposal, with its two tower concept and extensive podium with pedestrian -scale use, will be compatible with the urban environment of this area and surrounding lands will not apparently experience negative impacts in terms of sky view, shadowing and wind. kdeiraU ohn asley John MacDonald Planner 2 Chief Administrative Officer Recommended by: 6,-(At 1.1tJtrAd oug Darbyson Director of Planning Development T. Ravenda Executive Director of Corporate Services S:1PDR12004\PD2004 -56, AM- 35-03, 6361 Fallsview Blvd- Hilton.wpd Respectfully submitted: Subject Property SCHEDUIE 1 LOCATION MAP Official Plan and Zoning By -law Amendment. Location: Parcel 1: 6361 Fallsview Boulevard. Parcel 2: Southwest corner of Murray Street and Stanley Avenue. AM-35/2003 Parcel 3: West side of Allendale Avenue. Applicant: 876891 Ontario Limited., 1140464 Ontario Inc and 1229142 Ontario Inc. K GIS Roq 12003%Sdhedulaaon AM1AM- 3SVnappigS,apr 1:N S Septcrnber 2003 t ii ,-,t 41 mn Ell L.1 c 1 i lhex===-App 4 I Inalia wom .07. 5. c.„:4)40 .00,011EaM4 Of 1 p 1 11 ogerzrzsizmattlI iliiiiiii WMOOMMONIOMI 111 1 WMMM ILI MM 7,2r U P kre MgatiMMIg PI 010000 1111 00 1 4= M M100,0 1 4 -4111EVAIMUNIMIE IO.M111- -4101/NSIONNWAIMPEILellDWOMOI, 111111E11111 i mb,===mmolm i minnatz.awmaidgii. mosS4-1==.11.11011. 02ftwawamoMmill .MIMEO EN -EIII-AM:- III__::,..--' Wt 'MI f „Al 't ill il r-- t ...t.m„ i 1 N. Allth ABMs" i1 ANIMP mriusililiatitarmoilehia mirmumprza_ mu viimitilliffit SIGHLILJUILL I 4 ,0 MURRAY a 4 r 7000 r,Fatitto Q rr Q� if W z bet a z1 R oa �4g fr 111l1�! 1!!!!1!!1!!11 d 1!l1 i11li !!1 !!111!11 Q 1 3111111331EMEW (PH 64351-oi30 i� Rt PIN 64350-0114 Mdt haste 1 s h t r I WHIM: 1; !Ii11111 }F! a t 1 ttf 1 r II lhI 1 I 1 1 I 1111111111( 1111111111 1118111 11111111111111 1 hit i i y t 1a t *101 i •i i E t I J lo I tf 1 011 MIEN IIUIICOIh1 dIE SCHEDULE 5 "1 I r r v r .T r r -r-r r JJHIJlJI!rlII IJ(IIjfIHIII: iTi 11T:11 Wil11111,11111!1)1111 1 [111 1 1 HHHHIHIHIHHIH 11111 L (114(111141141411J14(11111J144(:(1. 444444 WW**WM*WWW1141141141/ minunmrinnumonnrinnivinunci nrinrinnn nrinnnnnnnnnnrl 1111. HUNUNOM 1111111111111111 H11111 nunnuno rrrrrr rrrrr rffrrrwrr t rrrrrr FrFrinTFFITRW r ITFFF Er E _rfrf=rrrfrfrrrrr_Frl _rnj TrerrerEfrr rff -rrrrrrrrrrr rrrr rrrErrErrrrrrrrrr 7 n 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 referenced "Subject Property" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. shall be identified as Policy 4.6.11(b) on Figure 4 ofPart 2, Section 4 Tourist Commercial of the Official Plan. Figure 4 is further amended by deleting the note "DEFERRED with respect to Policy 4.4.3. No zoning by can be considered for buildings over 30 storeys without an Official Plan amendment 2. TEXT CHANGE PART 2, SECTION 4 TOURIST COMMERCIAL, is hereby amended by adding the following new subsection: Notwithstanding the provisions of PART 2, section 4.4.3 and further to the provisions of PART 2, section 4.4.4 and PART 4, section 4.5.1, Council may pass by laws to permit an addition to the existing 15 and 32- storey hotel located on a 0.89 hectare parcel on the southwest corner of Fallsview Boulevard and Murray Street, through to Stanley Avenue, consisting of: i) one hotel tower to a maximum building height of 172 metres and ..a podium comprised ofconvention centre facilities, a theatre, a four -level parking structure and associated ancillary pedestrian -scale uses; and ii) a gross floor are not exceeding 130,000 sq. m, of which a maximum 2,600 sq. m is to be used for convention centre facilities. Subject to this specific development policy, the following services, facilities and matters shall be provided under section 37 of the Planning Act for any building in excess of 30 storeys: a) the contribution of facilities and/or funds to the City, prior to the issuance of a building permit, in the amount of to be used for as determined by Council; b) the restriction of the use of the theatre for hotel and convention centre patrons only; c) the construction ofthe on -site parking garage to accommodate parking stackers in the event of closure of the Allendale lot, in accordance with drawings to be attached to the section 37 agreement or the construction of a parking structure on lands on the southwest comer of Stanley Avenue and Murray Street; d) the restriction of the parking levels within the on site parking garage to valet parking only; and e) the provision of the architectural design, including but not limited to surface articulation, exterior materials, roof structure and pedestrian scale uses, satisfactory to the .Architectural Peer Review Panel and the Director of Planning and Development. Such services, matters and facilities shall be described in the implementing zoning by-law and secured through appropriate legal agreements executed under section 37 ofthe Planning Act to the satisfaction of the City prior to the passing of the implementing zoning by-law. In order to provide for the implementation of these policies, the section 37 agreements and site plan agreements shall be executed by the applicant and be ready for registration on title by the City Solicitor prior to the passage of the amending zoning by -law. S:1 Oficial.pinAAMEND1Am- 35- 03\BODY 3S- 03.wpd 2 Mr. Doug A. Darbyson, Director Planning Development Department The City of Niagara Falls 4310 Queen Street Via Fax: (905) 356 -2354 P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson: RE: ARCHITECTURAL PEER REVIEW DRAFT REPORT Hilton Hotel Expansion AM- 3512003, Official Plan Zoning By -law Amendment Application 6361 Fallsview Boulevard and Associated off -site lands, Nia ara 'Falls Hilton Site Development The Hilton site is situated immediately west of the new Niagara Casino on the opposing side of Fallsview Boulevard. The development proposed includes the integration of the existing 32 storey Hilton building in a comprehensive site development. The project is comprised of four primary building elements situated on podium base. They are: the existing Hilton Hotel; a new 58 Storey Hilton tower; a mid -rise third building positioned between the towers, all arrayed along Fallsview Boulevard; and a convention /recreation building wing along the Stanley Avenue frontage. Service Facilities, parte cochere drop off and parking access are arranged in the interior of the development screened from all street frontages. The proposal adds 468 rooms to the 492 already on site. The proponent spent substantial time and effort on this application on a previous scheme_ That scheme was comprised of an amalgamation of the existing and proposed buildings into a single mammoth structure, believed to be economi from an operation and construction point of view. The separation of the tall buildings is a radical improvement to the proposal. Regulatory Status The height permitted on the site was deferred by O.P. 26 legislation and was to be considered separately on its merits. The Panel takes the position that the fundamental aspects of the regulatory context including O.P. 26 and its intended reforms, are relevant to the site despite its deferral. It has been the duty of the applicant to explain why the regulatory standards should not be applicable, in principal and fact. Positive Base Building Principle The development manages to produce a convivial condition on its street frontages of sufficient height (extra high 4 floors) as to provide a well scaled experience for pedestrians. The Panel finds these provisions satisfy the base requirements for the project. The architecture of the base should be refined and made more compatible with the taller buildings while retaining a scale and materiality suitable to pedestrian proximity. The location and spacing of entrances for cars and service vehicles is good, maintaining good street front pedestrian continuity. Sky View Principle 2 Public Realm at Grade Principle The landscaping proposed can be made consistent with the city's streetscape requirements. The "water and ice" theme for Murray needs to be accommodated and should be addressed in a Section 37 agreement. The current drawings show unresolved curb details on the Fallsview frontage, which will need to be resolved to the satisfaction of the city departments; Planning, Parks and Transportation. The building has adopted a maximum width under the 40m. limit for structures over 15 storeys in height, a TADS requirement. The scheme is an Option 1 project with a floor plate less than 1000m The building is substantially setback from escarpment edge and the Skylon Tower. The Skylon Tower would still be dominant from the Niagara Parkway. This tower and other 30+ structures have begun to overtake the dominance of the 3 towers as seen from the American side. The IBI proposal will accelerate this trend. The towers (existing and proposed) provide a separation distance of 28.9m. 25m. separation is required but even at the exceptional height proposed the panel regards the distance acceptable for three reasons. First, the scheme with podium setbacks and the fixed position of the existing building produces the maximum available separation. Secondly, a single owner receives the consequences of the lesser dimension. Thirdly, the sky exposure in the area are still preserved as a result of the factors previously discussed. Skyline Height Principle Height. The project proposes an exceptional height for Niagara Falls of 58 storey versus the 30 36 storeys previously approved by the city. The justification offered for this in written submissions are three. First, the building sits in a very particular context comprised of large floor plate, low rise structures at the Casino and Skylon Facilities; few towers exist or could in fact, exist given the restricted area available for tall buildings. Secondly, given the Fallsview hotel area node and the aforementioned formation of lower buildings the tower can be seen as a civic attribute in that it acts as a marker for the sub- district, a kind of campanile (a district marking landmark tower in Europe). Thirdly, the building is a large block back from the edge of the escarpment and is Tess imposing than a smaller building in the first tier. These arguments in our view have weight particularly in light of the impending recommendations by IBI for a second tier of taller buildings. Because the building provides a podium base and a transitional building to the west we find the height acceptable. The height is an architectural attribute from a formal point of view since it provides the tower with a more elegant proportion. The group of three buildings, large, medium and small constitute an interesting composition. While the top of the new tower is in the same family as the existing Hilton and is a distinguished element, additional design could improve it's appearance and make it more appropriate for the new modern tower. Niagara Falls Views and Vistas Principle The building will be obscure as seen from the Niagara Parkway but visible as seen fr the New York side, providing a variable skyline consistent with the 1B1 approach. fro Positive Micro Climate Principal The rigorous provision of a high podium and colonnades with towers setback should produce a very good micro- climate for pedestrians including wind and weather rotection. The sun shade studies indicate a series of special conditions which we deem collective) acceptable. Morning shadows of the Point Tower are "mobile" producing shadowing on adjacent properties for approximately 1 hour per day. Much of the shadowing is on the ite itself; or the adjacent street for limited periods. The pattern does not effect the forecourt of the casino significantly. Parking and Circulation It is our understanding that the parking required should be accommodated conceptually on site i.e. not in the Hydro R.O.W. since the City intends to take back that space in the short -run. Some temporary arrangement with the city for phasing may be acceptable through agreement. Parking stacking is an acceptable form of provision, thou h it requires ongoing valet service. g Additional Matters Because the 161 review is recommending that buildings with floor space over 30 storeys should provide a contribution to an area improvement and amenity fund. We assume this project will provide such a contribution. The Peer Review Panel Trevor Garwood Jones, Jamie Douglas, J. Michael Kirkland J. Michael Kirkland Chair cc. Jamie Douglas Trevor Garwood Jones 3 Barristers (St Solicitors Patent St Trade -mad: Agents McCarthyTttraufr June 9, 2004 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 655 Attention: Douglas A. Darbyson Director of Planning Development Dear Sirs: Re: Niagara Falls Hilton Proposed Parking Supply Further to our recent discussions with respect to this matter, we wish to set out a proposed if City of Niagara Falls. approved by the At the outset, it is our client's intention to provide all parking required for the new This hots i moms and 1,750 sq.m. of convention space) on site within th proposed garage. s parking estimate has been calculated in accordance with the requirements of RA's calculation of required parking based on the following criteria: Hotel 0.8 spaces suite Convention Centre 7.9 spaces 100 sq.m. of .function mom floor area Total With respect to the ng hotel (516 rooms and 785 sq.m of convention ace requirement based on BAs criteria would be as follow: 3, the parking Hotel 0.8 spaces suite Conventon Centre 7.9 spaces 100 sq.m. of function room floor area Total 355 spaces 138 spaces 493 spaces 413 spaces 62 spaces 475 spaces PLANNING MEETING..... JUL McCarthy LLP WO-ELM #7223I25 v, I Vwic er Cak uT m, Torar►tu, °Mi a, Mo rurtai, Quebec. New Yak aru! onion. England McCarthy T&rrault LLP M irg g ib e l Box 48, Suite 4700 Toronto Dominion Bank Tower Tornnc ON M5K i:6 Canada Telephone; 416 36Z.-1612 Facsimile; 416 56$ Q673 mccarthy.e Stephen H. Dimond Direct Line: 416 601 -8400 Direct Fax: 416 601 -8010 I►ssi1; diamonVinttArty.ca REIVED JUN 0 92004 PLANNING DEVELOPMENT McCarthy Tetrault June 9, 2004 Our client would propose to provide the 475 spaces required for the existing hotel as follows: On site parking Jugleland lot Allendale lot In addition, our client would be prepared upon receiving 6 months notice from the City to give up the 300 temporary parking spaces being provided on the Allendale lot and replace them with parking stackers if the City the entire Allendale lot for landscape/buffer purposes at any point in the future_ We believe thin proposal provides the City with the ability to implement a new policy framework for parking which in essence requires that new hotel facilities will be required to provide parking in accordance with the City's by -laws but at the same time provides the City with flexibility with respect to the requirement for parking as a result of the implementation of the proposed `people mover" and additional fit ncial obligations the City may incur over time to acquire the Hydro lands. We are hopeful this proposal will meet with your satisfaction. In the meantime, if you have any questions or comments, please do not hesitate to contact the writer. Yours very truly, McCarthy Tetrault LLp Per Stephen II. Diamond SHDIsy McCarthy TTtrault LLP .7130 -ELM ##7223J2S v.. 1 McCarthy Tit-milt LLIP 2 City of Niagara Falls 71 spaces 104 spaces 300 "temporary") spaces PLAtsItlitia MEETIMG JUL i 2 2004 Architectural Peer Review Hilton Hotel Tower Appendix `2 October 23, 2006 Project No.: 06 -2618 Page 1 of 3 The Peer Review Committee has conducted an assessment of a second Site Plan submission by the Hilton Hotel Owners, and a recent further submission dated October 10, 2006, for their intended site development previously approved by City Council. The Site Plan has a number of alterations and refinements to the project which will be briefly characterized below. 1. Height In the October 10 resubmission the number of hotel floors has been reduced by six storeys. This offsets previous height increases resulting from: (1) A more complex roof design for Architectural reasons and to accommodate mechanical equipment and (2) A slight increase in the floor to floor height in hotel rooms. The net height change is a reduction in building height of two metres. 2. Depth The depth of the building is increased as a result of engineering analysis for lateral stability (sway). The building does not increase its width and does not violate the 40m width rule. The additional depth actually improves the building architecturally by making it less slab -like and more like a point tower. At the Peer Review's suggestion the end elevations now have fenestration in the form of windows and ledges. 3. Materiality The building now has a natural stone base that will extend for 1 or 2 storeys. This material will exude quality, be durable and easily maintained. It is a qualitative improvement made at the request of Peer Review. 4. The Family of Domes The building complex now has a set of 3 domes and a tower which establish an intermediate scale between low rise building parts and the new tower. These are very valuable improvements to the appearance of the complex. 5. Murray Street The original Murray Street facade design was deemed too "Disneyesque" at the time of the zoning application. The first Site Plan submission was overreacted to that criticism and was regarded as too flat and mute. The current submission manages to find a rigorous midcourse solution with a series of balconies and large window openings providing a rhythm of some interest and providing landscape opportunities. 6. Fallsview Fountain Pool The developer has proposed a fountain to be paired with the existing fountain directly across at the Casino. This will potentially provide an interesting destination for the public and even dual orchestrated events, and of course, the water theme is most appropriate at a Niagara Falls site. Originally the fountain intruded into the public sidewalk which was not acceptable to the Peer Review Committee. The new design is entirely on Hilton property. The new design has a high vertical surface on the submitted drawings. The project architect, S. Downey, said the drawings were incorrect and would be corrected so that the pool's wall was not higher than 900mm above the sidewalk. Allowing water to overflow the face into a trench drain might also be considered. Sections of wall between the pool and the Fallsview /Murray intersection might be vine clad since the building's floor level is above street level. 7. The Stanley /Murray Corner The intersection of Stanley and Murray has been redesigned to address a number of issues raised by the Peer Review Committee in its earlier session. A new building entrance has been introduced. The corner is chamfered to increase pedestrian space at the intersection. The design of the facades on Fallsview and Murray now reflect the existence of the large domed space at that corner of the complex. 8. Secondary Windows and Openings At the request of Peer Review the window types shown have been regularized with small arched openings eliminated. Now secondary openings are rectangular while large openings tend to be arched or loggia like. This is a big improvement to the language of the building. 9. Projecting Cornices Projecting cornices have been simplified with less corbelling, which constitutes a more authentic and consistent architecture with other elements of the building. 10. Streetscape The streetscape, though largely comprised of paving and street trees, with strategically employed wail vines, will be consistent with the MBTW Streetscape Guidelines applicable to the area. The final landscape design should be agreed in detail with the City's Parks Department. Conclusion The project has been improved in major ways and now encompasses the kind of quality that one would hope for in so large a complex and so strategic a position. The Architectural Peer Review Committee supports the applicants Site Plan Application. Comment We wish to thank the developer and his architect, Mr. Stanford Downey. They have acted in a civic minded, professional and responsive manner throughout our work with them. Their behaviour has been exemplary. J. Michael Kirkland Trevor Garwood Jones Jamie Douglas Chair Architect Landscape Architect Oct. 20. 2006 12:02PM REGIONAL PLANNING No. 7989 P. 1/6 Niagara Si Region PLANNING AND DEVELOPMENT October 20, 2006 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario 12V 4T7 Telephone: 905 -084 -3630 Fax: 905 -641 -5208 E- mail: plan @regionai.nlagara.on.ca Dear Mr. Bryce: Re: Zoning By -law Amendment Application Southwest Comer of Fallsview Boulevard and Murray Street Hilton Hotel Your Fib: AM- 35/2006 File: D.10.M.11.23 This application proposes changes associated with a previous proposal approved for an expansion to the Hilton Hotel complex. We understand that the Zoning By-law amendment application has recently been revised to reduce the scale of this development to a height of 171 metres, with a 6 metre decorative cupola feature: at the ,top, and a gross floor area of 153,000 square metres. A total of 52 floors are now being proposed with for a 2,450 square metre convention centre. The following Provincial and Regional plan> ing comments are provided for your consideration. The site is situated within the Urban Area according to the Regional Policy Plan. Provincial and Regional encourage the intensification of existing uses to provide for more efficient urban development and land use patterns. More recently, the Provincial Growth Plan has reinforced the need for municipalities to support development that will improve opportunities for employment. The proposed hotel expansion meets these general planning objectives. A detailed review of City's Tourist Commercial policies and implementation strategies was undertaken by the City several years ago. This review was Initiated to determine If the City's overall policy objectives were being achieved as a result of the number of tall, large scale hotel projects either being built, approved or proposed in the Central Tourist District. In particular, the Hilton Hotel proposal (68 storeys) was considered a major expansion that far exceeded the 30 storey limit contained in the Official Plan and would result in the tallest building in the City. The City's study resulted In a Tourist Policy implementation Handbook" being adopted by City Council to facilitate improvements determined to be necessary to meet policy and development objectives. Amendments to the City's Official Plan (Amendment No 58) and Zoning By -law were subsequently approved in 2004 to permit the expansion to the Hilton Hotel. This included consideration of important matters related to the building form (e.g. height, scale, massing), parking, public benefits (e.g. bonusing provisions) and servicing:,, current proposal appears to reflect the project scale presented in the original concept plans from 2004 with some improvements made to design details. The City should be satisfied that the proposal conforms to site specific provisions contained in Official Plan Amendment 56. P lanning Scanngd File: RECEIVED OCT 2 0 2006 PLANNING DEVELOPMENT Building Community. Building Lives. Oct. 20. 2006 12:02PM REGIONAL PLANNING No. 7989 P. 2/6 The Regional Public Works Department has no objection to the proposed zoning by -law amendment provided that comments and requirements previously submitted on the site plan agreement (copy attached) are addressed. These pertain to Regional interests associated with access and traffic impacts on Regional Road 102 (Stanley Avenue) and servicing considerations. In conclusion, Regional Planning staff is not opposed to this Zoning By-law amendment application from a Provincial and Regional planning perspective provided that requirements of the Regional Public Works Department are satisfied. Please send notice of City Council's decision on this application. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner c: Councillor W. Smeaton, Regional Municipality of Niagara D. Darbyson, City of Niagara Falls B. Stevens, Regional Public Works MIMSWORDV'C\Magara FattsWFzbta\FatlsvEewHttton.doa Oct. 20. 2006 12 :02PM REGIONAL PLANNING N. 7989 P. 3/6 L Niag September 18, 2006 Anamika Dilwaria Planner 2 City of Niagara Falls Dear Ms. Dilwaria: Application for Site Plan Applicant: Niagara Hospitality Hotels Proposal: To Construct a 58- storey Expansion to the Hilton Hotel Location; Regional Road 102 (6468 Stanley Avenue) and 6361 Fallsview Boulevard in the OW of Niagara Falls Regional Municipality of Niagara City File: SP-1 2/2006 O ur File: D.19.04.66 (ID #5213) Regional Niagara Public Works Department has reviewed the site plan drawings for the above- referenced development and provide the following comments: 1) Access to Regional Roadway PUBLIC WORKS Operational Support Services 2201 St DaMId's Road, P.O. Box 1042 'Moral, ON L2V 4T7 Tel: 905 -665 -1571 Toll- free:. 1 -800 -263 7215 Fay 905 687 -8056 www.regional.niagara.on.ca 2) Road Cuts and Permits This development has frontage along Regional Road (Stanley Avenue), which was reconstructed in 2004. As part of the .rehabilitation of the road system, the Region, along with the Hilton' Hotel and Renaissance lhh, entered into an agreement for a mutual driveway to be cdnsttucted between the two properties. The current drawings appear to indicate another accessway to Regional Road 102 (Stah[ey Avenue) just north of the joint driveway. The additional accessway should be eliminated and die Hilton arse the mutual only, as agreed to in the original agreement made during the 2004.road reconstruction project process. The plan indicates that servicing for the proposed development will be made to existing local services within Regional Road 102 (Stanley Avenue). Road cuts required as part of the development into the reconstructed Stanley Avenue must be to "as goad as° or "better than° c ondition, at the completion of the works. In this regard, we include a copy of the Region's "Specifications for Reinstatement of Roadways'. Rtelrffner r'nrnrnnnity Rnilrlincr J 3vPr Oct. 20. 2006 12:02PM REGIONAL PLANNING r No. 7989 P. 4/6 Anamika Di !wade Planner 2 City of Niagara Falls September 18, 2006 Page 2of3 Prior to any construction taking place within a Regional road allowance, a Regional Construction Encroachment and Entrance Permit must be obtained. Applications must be made through the Permits Section of the Operational Support Services Division of the Public Works Department. As part of the permit process, the limits of restoration (i.e. to edge :or centreline of lane) will be determined. With regard to the water service, the location of theraffic signal loops will need to be determined and any, costs associated with removal and replacement will be at the developer's expense. Further details as to contact information will be provided through the permit process. 3) Protection of Survey Evidence Survey Evidence adjacent to the Regional road allowance is not to be damaged or removed during the development of the property. We would request that any agreements entered into for this development r incde a clause that requires the owner to obtain a certificate from an Ontario land Surveyor, stating that all existing and new evidence is in place at the completion of said development. 4) Compliance with Regional Sewer Use By4aw Owners of commercial buildings are required to comply with the Region's Sewer Use By -law #39 -2002, as amended. Under Section 6 (1) the installation and maintenance of a suitable manhole at the property line may be required to allow observation, sampling and measurement of sewage flows. Under Section 5 (1) (2) the installation of an interceptor may be necessary for the removal of grease, flammable waste, sand or other harmful ingredients. The owner should discuss these matters with Mr. Jason ()alley, $.S4 C.Cheim laboratory Environmental Enforcement Manager at 905- 6854225, extension 3758, to ascertain the exact requirements for this proposal. 5) Regional Watermain The watermain service to the proposed development is to the Local 200 mm diameter watermain. We would note that there is an existing Regional 600 mm diameter watermain along Regional Road 102 (Stanley Avenue). No connection to this Regional watermain Is permitted, nor should :the line be disturbed during construction. Oct, 20. 2006 12:02PM REGIONAL PLANNING No. 7989 P. 5/6 Yours truly, Prior to any work being undertaken in the proximity of a Regional watermain or sewer, staff at the Regional Central' Maintenance En Weiland (905 -734 4777) is to be contacted a minimum of 72 hours before., in order for staff to be available to inspect the works. We trust that the foregoing Regional comments will be appropriately 'incorporated into any site plan agreement entered into by the City with this applicant. William J evens, C.E.T. Development Approvals Manager Attachment Awn.. ....rorawersidwpiN .10.411.11114..d. CV /crn blEngineering- Planning and- DevelapmentVetrone- CarmerMagar; FalIs1CORR1:SPONDENCE 20O6113205A.Dilwaiia.City of Niagara Fails.doc c: Jim Zeoli, Acting Supervisor of Permits John Rizzo C.E.T., Project Manager, Transportation Engineering Normans V. Taurins, B.Sc., O.L.S., 0.L.1.P., Legal Surveys Manager Charles Rittner, Manager, Water Wastewater Systems Maintenance, Central Maintenance Eric Flora, P. Eng., Associate Director, Transportation System Jason Oatley, B.Sc, C.Chem., Laboratory Environmental Enforcement Manager Anamika Dilwaria Planner 2 City of Niagara Falls September 18, 2006 Page 3 of 3 Dean Iorfida Hilton Hotel Expansion Page 1 of 1 From: "dmmurri @hotmail.com" <dmmurri @hotmail.com> To: <webmaster @niagarafalls.ca> Date: 10/9/2006 3:08 PM Subject: Hilton Hotel Expansion Time Stamp: 10/9/2006 3:08:13 PM Question Reference Number:2523 Comment/ Question: I have learned that the Hilton Hotel has planned a multi storey expansion nextto its existing hotel.I have been concerned for some time that the existing building has.a persistant, high pitched noise comingfrom its HVAC system. I live on Orchard avenue, some distance from the Hotel, but, on most days with the wind from a certain direction, the noise adds a persistant background which is irritating. I cannot believe that I am the only one who hears this. The only time I can't hear it is when the helicopters are flying overhead. At times the combination of the two noises makes any outdoor enjoyment impossible in my back yard.' hope that Council can mention my concern when the Hilton appears to propose a plan for its expansion. I am sure that, in this day and age, technology exists that can eliminate the noise emitted by the equipment atop the hotel. I have often wondered how it must affect the paying customers of the surrounding facilities (Casino Hotel, etc.) if I can hear it at a distance on Orchard Ave. I will leave my on going problem with the helicopter nuisance for anothe time. Thank you for any consideration you may give to my concern. Richard Murri, 6411 Orchard, Ave. Ph. (905) 356 -3357. IP Address: 69.159.55.235 file: /C:\Documents and Settings \di202\Local Settings \Temp \GW} 00001.HTM 10/20/2006 Mr. Doug Darbyson Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: Re: Hilton Hotel Revised Zoning By -law Amendment Application City File No. AM- 35/2003 I am writing to you on behalf of 656508 Ontario Limited (Skylon Tower) which is the owner of lands that are affected by the above -noted application. The principals of 656508 Ontario Limited are members of the Yerich family which have significant holdings in the tourism area of the City, including the Skylon Tower, and other lands which are in close proximity or adjacent to the applicant's lands. You will recall that we objected to the earlier official plan amendment and re- zoning applications that were made by the Hilton Hotel for a new high -rise structure. We made numerous submissions to the City with respect to this proposal as set out in my letter to the Mayor and Members of Council dated January 14, 2004, a copy of which is attached. Our concerns with this project remain. The additional height and massing of the structure only serve to underscore our position that this proposed revision is not in conformity with the planning strategies established in the City's official plan and will create adverse impacts upon the Skylon Tower. In our view, the amendment is not in keeping with the City's official plan. We object to the revised zoning by -law amendment application. Yo very truly, Geor Yerich, Vice esident Sky/on Tower 5200RObinaon Street Niagara Fails, Canada Telephone 5200 Robinson Street Niagara Falls, Canada L2G 2Ai Telephone 905 356 -2651 Fax 905- 356 -8699 October 16, 2006 RECEIVED OCT 172006 PLANNING DEVELOPMENT Skylon Tower 2 RobIstaa Street Ngara Falls, Canada L2G2A3 Tdephooefl5.3S6 -2653 Pax 905 356400 Mayor and Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sirs: January 14, 2004 RE: Official Flzn and Zoning By-kw Amendment Application City File AM-34 /2003 Apptieations for 6361 Falbview Boulevard (Mon Hotel) and for 6408 StaaIcy Avenue (Days Inn), Niagara Falls I am writing to you on behalf of 656508 Ontario Limited (Skyion Tower) which is the owner of lands in the vioinity of the above -iwted Applications. The, principals of 656508 Ontario Limited are members of the Yerich Family which, as you know, have significant holdings in the area including the operation of the S1 yion Tower. This letter represents our Anther written submissions inopposit ionto the above -noted applications. You may recall that we submitted submissions earlier in this process pursuant to our letter of October 15, 2003, another copy of which is attached to these submissions. Since our last submission to you, we have further reviewed this matter including a review of the Application and the Applicant's Planning and Designj ifficationRepoit, wind Study and Palau Study. We have now also had an opportunity to review the Architectural Peer Review Report for this Application. It remains our position that Application continues to fundamentally undermine the integrity of core principles in the City's Official Plan, especially with respect to issues of skyline development, building height and massing. If this Application is. approved, a planning environment of complete uncertainty will emerge for the City of Niagara Palls wherein the only limitations on height and size will be engineering constraints. 1 The Skyline of the City of Niagara Falb' .2s Our primary concerns are three -fold. Firstly, the Application fimdamentally jeopardizes core concepts within the City's Official Plan with respect to City's skyline development. Secondly, the grounds advanced for justifying a structure of this height and mass could easily be applied to the balance of the lands in the Falisview District, up and down Stanley Avenue. Thirdly, the Application, if approved, begins to set a precedent whereby the tourist district "turns it back" on the balance ofthe City, a `walled' _tourist twill have no connection with or transition to the rest of the City. The development of the skyline ofthe City ofNiag acaFalls, as aworld class skyline, is at a critical jimcture. Air years of analysis, consultation and negotiation, the cariticat conoepts of OM 26, adopted in 2000, recognized the importance and character of the three existing viewing towers as icons. Section 4.123 of the City's Official Plan provides the overall objectives es follows: The skyline of Niagara Falls shall continue to be cheractetized by the;tbrce existing viewing towers. New high buildings shall be ofv able heights and mass and shall not form a continuous wall when viewed from Queen Victoria Park, the U.S. side or the City ofNiagaraFalls. To achieve these objectives, arty proposal to exceed 4 storeys in height shall be considered by zoning by amendment onasite specific basis. As intheuand underlying TADS study, the viewing towns added visual interest to the Niagara Falls experience and indeed have added to the public man ofwhat maims the City ofNiagara Falls different, interesting and bang considered a tourist locale. It is these types of structures that help to ensure that a skyline is both memorable and somewhat unusual. In contrast, we would argue that skyline features that are driven solely by height and mass, while' having some shear visual impact, suggest nothing non to the public than monotonous commercial undertaking. To put this Application in its context, the proposed 58 stony hotel (1 T2 metres or 564.16 feet) will be over 110 feet higher than the observation. deck of the Skylon Tower it 450 feet (S 10 feet to the tip). After taking into consideration the 45 foot elevatim daunts' nthe baseofthe Skylon Tower and the base of the existing Wilton Hotel, the top of the Hilton would be about 160 feet (16 storeys) higher than the Skylon. M 58 storeys, the proposed hotel would be 22 storeys higher than the next tallest hotel. At 58 storeys, the proposed hotel would beapproxin ely twig as high as the 30 storeys that TADS and OPA 26 considered the maxbnua It is an obvious conclusion that this proposed sdructure, ifappnved, completely overwhelms its neighbours and undermines the status of the Skylon Tower as one ofthe visual icons ofthe CityofNiagaraFalls and thataradically different pattern begins to aaerge for the hnpressions that will be left about the City's skyline. -3- It is worth noting that 0PA 26 did not envision a uniform pattern ofstruetures at 30 storeys, (Section 4.4.2 and 4.4.3) The intent of the Official Plan, as it is understood by us, was to allow for variability in height and massing for a maximum height of 30 storeys provided that a number of other design and public realm aspects were addressed by aproponent. Up to 30 storeys was the end result, not the starting point- We also note that it was these very concepts that we endeavoured to incorporate into the planning and approval for our proposed hotels north and south of the Skylon Tower. We were careful to design these hotels to preserve the icon status oldie Skylon Tower. In our view, these critical official additional plan concepts are. now being .turned upstdr �do�; a to justify addtt�onal height and massing on the basis of allegedly providing variability and intiOst in the skyline. We have also noted that there has been of structures in the cait�asmwith nspectto the deslguaaddcvdopraoatt southerly area of the Pallsview District While these observations may be accurate, and such approvals regrettable, those outcomes should not be used to create or drive anew planning regime for the balance of the Fallsview District. Forttinately; the Skyion Toweris still set some considerable distance away from the structures now built in the southerly portion of the FallsviewDi strict area and from most vantage pant, the Skylon Towerretains its status as aunique and intea esting.stxu ue on the City's sicybne In this regard,: we see some parallels in the existing situation for Q skyline of the City of Toronto or the Skyline of the City, of Seattle where viewing tower's. good setbacks from otber commercial tows, have rnrnained as interesting and dominant visual focal poiuvts on the skylines. In our viewitbejgoPosed application because of its sheer'heiglt, mass and proximity to the Skylon Tower will fundamentally overwhelm the Skylon Tower's place on the skyline and reduce its significance as a focal point for both the distant and nearby observer. Impact on the Planning Regime for the Tourist District of Niagara Falls We have set out below some Author com meat with respect to the Planning and Design Justification Report filed on behalf of the Applicant in this matter. in our view, the justification arguments advanced by the proponent are in many respects arguments that can be used to justify structures of this magnitude up and down StaAleyAv rue, regardless of the durst status of the height issue on the Applicant's site For the aakeof cseatingroonas that ofthe Falls, it is envithon that there will be numerous further applications for high rise hotels to fill out the middle and Ro rnportions ofthe Fsllsview District. .Indeed, one would expect applications hr heights in excess of what is proposed in this Application in order to achieve the same perceived benefits. While every application must be assessed on its own merits and while there may be unique circumstances relevant to every development site, there can be no doubt that approval of this application sends a clear message that higher heights and larger masses will be allowed or given consideration b the City of Niagara Falls Our .concern is that this approach fundamentally undermines the planning expectations of all parties, whether public or private. To those parties who have already initiated developments or made plans based uponthe guidelines in the Official Plan, their expectations about the place and stature of their structures within the Fallsview District and within the City at large are being fundamentally altered. For *ties who have not yet developed sites, there may be a new perception that "the sky is the limit". The Impact of Such Developments on the Balance of the City In view of our comments above with respect to the precedent setting nature of this Application, it becomes difficult tounderstand how such applications will allow for way traasitionto or linkage with the balance of the City of Niagara Falls. The logical extension ofthe approval of this Application is a wall of high rise hotel structures on both sides of Stanley Avenue. One would expect such stiuchu es, for normal business reasons, to have all of their design qualities. features and rooms oriented toward the cast towards the Falls. As each site is developed, the views for the residents of Niagara Falls will increasingly become views of he backs of hotel towers. The hotel towers will have heights and mass that will preclude any ability to allow for viewing transition or buffering between the tourist .district and the balance of the City. There is a bigher risk of isolating and fortressing thetouristdistrict from the rest zofthe City. We are concerned thatpolicy4.1.24(b)ofthe Official Phan which provides, that `Building heights will be reduced toward the periphery of the tourist core in order to respect the scale and character of surrounding land uses. simply cannot be accomplished to any plausible degree with a development oft* height and magnitude. Some Specific Comments on the Mose** 1 in Support 'of the Application We have reviewed the. Planning and Desiga Justification' Report prepared by the planners and architect for the Applicant. Among other factors, and ooaciusions, the consultants make the following assertion at page 2: "The proposed 58- storey will contn'bute to the creation of adistinctiive skyline for Niagara Falls, and will complement the other high-rise elements in the immediate area, includes the existing Hilton Hotel, the new Hyatt Hotel and the Skylon Tower, while pioviding for a range of building heights.. (a) With respect, the skyline for the City is &early distinctive and unique;. this Application undermines that distinctiveness. There is simply no analysis of this proposition and, in our view, it is simply incorrect to argue that the proposed. 58- storey hotel would complement other high-the elements, including the Skylon Tower. The uniqueness and novel design of the Skyion Tow will be diminished andlostbysuchadevelopment endno foundation his been established for the statement that. the two structures, given their proximity, are complementary; the proposed hotel will completely overwhelm the SlcylonTower. Similarly, to the extent that the new Hyatt Hotel has brought a design that adds elements of character and variety to the skyline, that structure is also ovecwh red, (b) Much of the justif cation report analysis wiith to building height and massing deals with views from the Park and other selected views. In our view, the justification report did not deal with arange of other critical views including views from the QEW, views from the near and distant American perspectives and views From the City itself looking east towards the Falls. In our view, the Skylon Tower, while still etaining some visual status from. some 1 perspectives, will be significantly hidden away from various viewing points, especially from the QEW or from the City itself. It will become an indistinguishable structure as viewed from the American side and will be lost in abackdrop ofhigher hotel structures. We believe that it is critical to study and model in far greater detail the full spectrum of perceptions and views that will be created by a struuhure of this height and magnitude. (c) We have also reviewed the Justification ort with Rep respect to the comments on the massing of the proposed structure. The proposed structum Z 'massive. BY connecting the new structure to the existing hotel (which we suggest is berg driven by engineering needs as much as by design) the resulting structure is completely overwhelming. Its overall general rectangular shape at high elevations in our view leaves anium ►pressionof bull( andmasswhich is not offset by any of the roof features that are proposedfor this sire. We note that the issue of musing is significantly coed upon by the peer review committee and we adopt the peer review committee's comments .in this regard. (d) We have also reviewed theparlting studyiiled in support oftbe Application and simply note at this time that so much offaite parking is required because ofthe sheer size and magnitude of the proposal. To our understanding, offsite.parking.rema ni s as a concern for the City. From our perspective, the need for so much offsi parking is indicative of the over intensification. of the sate. Other Considerations We are also aware of and have reviewed in detail the runt report of the MI Group with respect to building heights in the City of Niagara Falls. While we remain concerned that some of the assumptions in that report for higher building heights are problematic, it appears to be the case that the issue of building heights is a mattear of concern to, and requires Anther consideration by, the City. To this extent, we are concerned that this Application is significantly piematuure if there is to be further useful consideration of the issue of building heights in the City. Approval of this Application at this juncture would substantially dtminist,, the value in any further consideration of building heights in the City. Conclaslon We are and will remain opposed to this Application. Key pimples in the City's Official Plan are ftmdame n allymsdermined by this Application. The proposed structure istoo massive and too high. The proposed development is an ovcrintansification of the'sitc. The proposal doe not represent good land use planning and based upon the justific:ardon provided, sets the stage for a radically new series of developments in the City of Niagara Falls that will completely change the planning regime and reasonable expectations. Yours very truly, •5- Niagara Falls The City of Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E- mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 30, 2006 Re: PD- 2006 -91, Zoning By -law Amendment Application AM- 33/2006, 4037 Longhurst Avenue Applicant: Niagara Support Services Agent: Naomi Furmsten, Martin, Sheppard and Fraser Proposed Community Building PD- 2006 -91 Doug Darbyson Director That Council approve the Zoning By -law amendment application to permit the Stamford Volunteer Fireman's Association service club building to be used as a community building (day programs for developmentally disabled adults), subject to the standards discussed in this report. Niagara Support Services has requested an amendment to the Zoning By -law for a 0.13 hectare (0.3 acre) parcel of land known as 4037 Longhurst Avenue, as shown on Schedule 1. The Stamford Volunteer Fireman's Association service club building exists on the site. The amendment is requested to permit this building to be used in its entirety as a community building (day programs for developmentally disabled adults as well as occasional evening social events). Schedule 2 shows the existing development. The lands are zoned Residential Single Family 1 E Density (RIE). A site specific amendment to this zoning is requested to add a community building as a permitted use. The applicant has indicated that about 25 adults and 6 staff will be using the facility on a daily basis. As the facility was licensed as a service club for a maximum capacity of 475 persons, this is a significant reduction in the intensity of use. The clients will generally use vans for transportation, and staff will be the only ones utilizing the parking area. The first floor of the building will be used for day programs, while the second floor will primarily be used for social events by the clients. The proposal is similar to a community building approved for the Niagara Training and Employment Agency Inc. on Sinnicks Avenue in 2001, except that there will be no overnight accommodation. Working Together to Serve Our Community Clerks Finance Human Resources information Systems Legal Planning Development October 30, 2006 2 PD- 2006 -91 Site Conditions and Surrounding Land Uses A two- storey building exists on the site. The balance of the property is a paved parking lot, including parking stalls directly accessed off of Longhurst Avenue. The property is mainly surrounded by single detached dwellings. Properties to the northeast, along Thorold Stone Road, are used for commercial purposes. Circulation Comments Regional Municipality of Niagara The proposed community building will provide services for disabled adults that are encouraged by the Region and supported by the Provincial Policy Statement. There are no concerns from a Regional and Provincial Planning perspective. Municipal Works The parking stalls accessing Longhurst Street directly are not acceptable as motorists accessing them will need to manouevre on the road allowance. Planning Analysis Adequate space should be provided for buses on site. A semi circular driveway at the front can be used in this regard. I. The proposal complies with the intent and purpose of the Official Plan. The subject lands are designated Residential in the Official Plan. While the predominant use of land under the Residential designation is dwellings, a range of ancillary uses, including community buildings, are also permitted provided they are compatible with surrounding residential uses. The proposed use is compatible as follows: The building and parking area to serve the proposed use have existed in its present form for some time and a measure of land use compatibility has evolved over the years between the current use of the property and the surrounding residential neighbourhood. No changes that would decrease this compatibility are proposed. Fewer persons will utilize the facility compared to its previous use as a social club. As the clients typically do not drive, a minimal amount of traffic will be generated by the facility. Vehicles accessing the property have easy access from Thorold Stone Road without infiltrating into the surrounding neighbourhood. Compatibility with the surrounding residential neighbourhood may be improved if necessary, by introducing landscaping in the rear yard and along Longhurst Avenue. October 30, 2006 2. The requested amendment is appropriate. The applicant has requested site specific provisions be added to the RIE zoning of the property to add a community building to the uses permitted on the property. It is recommended that site specific provisions be added to the amending by -law to recognize the size and location of the existing building on the property. The current parking layout could create some safety concerns as it requires Longhurst Avenue to provide manoeuvring for vehicles parked in front of the building. The parking stalls need to be reconfigured so that they are accessed from internal driveways and a drop off area should be provided in front of or at the side of the building. There is sufficient room to reconfigure the parking and still provide the required 17 parking spaces. The by -law currently requires a closed -board fence around the perimeter of the property to buffer surrounding residential uses. However, a considerable amount of vegetation has grown up along the existing chain link fence which provides a degree of buffering. A closed -board fence should not be required as some of this vegetation would have to be removed. Additional landscaping along property lines could be considered, as well as the addition of planters in front of the building. In this regard, any comments or concerns voiced by the neighbours should be regarded. CONCLUSION: The requested amendment to permit a community building on the land can be supported for the following reasons: Prepared by: Andrew Bryce Planner 2 The use complies with Official Plan policies with respect to ancillary uses in residential areas. The existing building and site development have achieved a degree of compatibility with surrounding residences and no expansions of the building are proposed. The minimal amount of traffic generated by this use is not expected to impact on surrounding residences. Recommended by: Doug Darbyson Director of Planning Development AB:mb Attach. S:1PDR12006\PD2006 -9I AM -33 -2006, 4037 Longhurst.wpd 3 PD- 2006 -91 A•proved b 41 Ravenda Executive Director of Corporate Services Respectfully submitted: M Jo MacDonald Chief Administrative Officer Subject Land Location: Applicant: vwaiEginrii.1 ,...nostrxerlr,...ihrifiar 4037 Longhurst Ave Niagara Support Services SCHEDULE 1 LOCATION MAP 41•1111 1111111111= 111111111111111111111 Iona THORDLD CRAWFORD W HIM 11141111 1114111.11 11.1.11.1111rX ST HN51 ST JOHN ST MAI 111111,1111111 mom= eA -5 woo 3 1.0 roNE RD 11111111 CRAWFORD ST Em iff 0411111111 jr 40 11 11 Ma l waft Allah AM. t MIM All 111111= I SI NC CRAWFORD sms4 ST CRAWFORD ST SHELDON ST ni CRAWFQRD ST SHELDON In 747 sT THOR= STONE RD tZAI3ETH s: VIRGINIA Amending Zoning By-law No. 79-200 Scale: 1:NTS AM-33/2006 9/27/2006 10:17:39 AM zor AREA 1323 le •43whornro covptiwt 3$2 H O' z‘-‘Z rorAL Baron* Si2Z WI/ Ai 13-426).1 //..C8 CHEDULE 2 28-2r 48tRawN6 «(/w7 74 Ai 2 sToRlYS LONGHURST AVENUE 4037 LONapiortsr AVILMIL GPsiz..PNG-E Or 1" rt-oi7.A. N iagara iV Region PLANNING AND DEVELOPMENT October 11, 2006 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2" Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application 4037 Longhurst Street Niagara Support Services Gity of Niagara Fails Your File: AM- 33/2006 This application proposes to permit a building, previously occupied by a service club, to be used as a community building intended to provide programs for developmentally handicapped adults. The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Fails according to the Regional Policy Plan. A wide range of land uses are permitted in Urban Areas to meet the needs of each community. Provincial and Regional policies promote the reuse of existing buildings as a sustainable form of development. Further, the proposed community building will provide desirable services for disabled adults that are encouraged by the Region. This is also supported in the Provincial Policy Statement which identifies the need to improve accessibility for persons with disabilities to promote their full participation in society (policy 1.1.1(g)). For these reasons, Regional Planning staff has no concerns with this application from a Provincial and Regional planning perspective. Please send notice of City Council's decision on this application. Yours truly, Peter Colosimo, MCIP,. RPP Senior Planner c: Councillor W. Smeaton, Regional Municipality of Niagara D. Darbyson, City of Niagara Falls M :\MSWORD■PCWiagara FafsWFzbiatLonQhurstStdoo The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 f: Telephone: 905.984 -3630 Fax: 905 -641 -5208 E mail: ptangregfonai.niagara,on.ca Building Community, Building Lives. File: D.10.M.11.23 RECEIVED OCT 1 1 Zlg6 PLANNING DEVELOPMENT 1 'd 068L °N 3NINNdld. 1VN0I9311 141d11: 900/ 11 'I,0 Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: 1) That the Edgewood Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix. 2) That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3) That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. 4) That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. BACKGROUND: Proposal Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca October 30, 2006 Re: PD- 2006 -93, Recommendation Report Edgewood Estates Draft Plan of Subdivision 26T -11- 2006 -01 (Revised) Zoning By -law Amendment Application AM- 25/2006 Owner: 1473944 Ontario Limited PD- 2006 -93 Doug Darbyson Director The applicant proposes to subdivide a 36.02 hectare (89 acre) site into 241 lots for single- detached dwellings, two blocks of land for multiple residential use (108 townhouse units) and blocks of land for stormwater management, parkland, trail and a Provincially Significant Wetland (PSW). The property is located on the east side of Garner Road (Urban Area Boundary), north side of the hydro corridor and south of Lundy's Lane (see Schedule 1). The road pattern includes an extension of St. Michael Avenue from the south as well as Forestview Boulevard (which connects to Garner Road) and other streets in the abutting Deerfield Estates draft plan of subdivision to the east. St. Michael Avenue is to be continued on abutting land to the north in the future. Minor revisions have been made to the initial submission and Schedule 2 illustrates the proposed subdivision layout. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 30, 2006 2 PD- 2006 -93 The site is currently zoned Development Holding (DH) through Zoning By -law No. 79 -200. The applicant has requested the zoning of the land be changed to the Residential Single Family 1 E Density (R1E) zone for the single detached lots, to the Residential Low Density, Grouped Multiple Dwellings (R4) zone for the multiple residential blocks and stormwater area, to the Open Space (OS) zone for the parkland and trail and to the Environmental Protection Area (EPA) zone for the Provincially Significant Wetland (Block 248). Public Consultation The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on August 21, 2006. An area resident raised questions 'regarding the design details of the proposed stormwater management area and townhouse development abutting their property. The owner of the golf course to the west supported the application and asked the City to continue monitoring stormwater /drainage issues in the area. The former owner of the land advised that an agreement has been reached with the developer to name a street within the plan in honour of their family "Kudlac A letter has been submitted to the City requesting a trail extension to Garner Road and that the woodlot on the east side of the plan be protected. The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. Planning Review Various matters were considered in assessing the proposed plan of subdivision and zoning amendment. Based on this analysis, approval is recommended subject to detailed conditions of approval for the subdivision and with minor modifications to the requested zoning amendment. The review of the applications is addressed under the following headings. Surrounding Land Uses There is a residential property to the northwest with vacant land for future residential development to the north and northeast. Tourist commercial development along Lundy's Lane is located further north. There are several homes on the east side of Garner Road abutting the plan. Agricultural land and a golf course are to the west outside of the urban boundary. The Deerfield Estates draft plan of subdivision is to the east with proposed single- detached lots, park blocks and a woodlot area abutting this plan. The hydro corridor and new residential subdivision development are located to the south. Official Plan The City's Official Plan designates the majority of the property Residential while the southwest portion of the site is currently designated Open Space. The City has adopted an amendment to change this Open Space designation and some Residential land to Environmental Protection Area corresponding to the Provincially Significant Wetland partially located on the land final approval of this amendment by the Region is scheduled for November 2006. The Residential designation permits a variety of housing forms. A compatible mix of dwelling types, lot sizes and densities is promoted by the Official Plan to provide a full range of housing opportunities. Official Plan policies encourage the conservation of forested areas and their incorporation into development proposals and the protection of environmentally sensitive areas. The subdivision proposes single- detached dwellings and multiple unit housing, open space /natural areas and a stormwater management facility. October 30, 2006 The development will be compatible with the existing and future surrounding uses. The proposal is consistent with the Provincial Policy Statement. Garner Neighbourhood Secondary Plan 3 PD 2006 93 The policies of the Official Plan are refined through the Garner Neighbourhood Secondary Plan which provides a framework to guide development in this new growth area. General locations of roadways and facilities are shown on the land use concept which is utilized in conjunction with detailed policies. A variety of housing types are encouraged to accommodate the needs of different age groups, family sizes and incomes. The Garner Plan requires the protection of environmental features and promotes the preservation of woodlands and provision of recreation areas. The subdivision meets the general land use objectives and satisfies the intent of the Secondary Plan. A specific policy indicates a target housing mix of 70% single /semi- detached units and 30% multiple residential units in the overall Garner Neighbourhood. This subdivision proposes 69% single detached lots and 31% townhouse units in keeping with this policy. The provision of more medium density housing (townhouses and apartments) and a further housing mix is required on the balance of vacant land in the neighbourhood to meet City, Regional and Provincial policy housing targets. Provincially Significant Wetland and Woodlot Area The woodlot in the southwest section of the plan (Block 248) contains wetlands and is designated a Provincially Significant Wetland (PSW). Development is prohibited in such wetlands and Provincial policies only allow development on adjacent lands (within 120 metres) where it is demonstrated that there will be no negative impacts. The applicant submitted a required Environmental Impact Study (EIS) that was reviewed and accepted by the Region. The woodlot contains some rare and threatened species and also provides a natural buffer for the PSW. The existing perimeter drainage ditch and woodlot edge are maintained by the proposed plan layout. Mitigation measures are to be implemented including chain -link fencing and additional tree planting. The plan has been revised to delineate the woodlot at the east limit of the plan (now shown as Block 245B). This area is an extension of the woodlot buffer surrounding another PSW that is protected in the Deerfield Estates plan. The PSW and the additional woodlot will be zoned Environmental Protection Area to preclude development. The applicant proposes to give these blocks to the municipality. Active Parkland and Recreational Trail Staff have worked with the developer of this subdivision and also the Deerfield Estates developer to establish a location for active parkland, provide recreational trail linkages and protect the woodlots in the area. The revised Block 245A will accommodate playground equipment and combines with future City parkland in the abutting subdivision to allow extensive street exposure. This park and woodlot form a centralized open space feature in the area. A major component of the development in the'`Gamer Neighbourhood is the creation of an off -road recreational trail. South of the hydro corridor, this trail is to be constructed within the open stormwater drainage channel extending from McLeod Road to the hydro line. The City intends to continue this trail west along hydro land, north within Block 247 beside the large woodlot/PSW and then connecting to the area's central park and woodlot. Block 247 performs a dual function as wetland buffer area and a trail a parkland dedication credit is given for this land. A separate trail route out to Garner Road is not recommended by staff as access can be provided through the hydro land. October 30, 2006 4 PD- 2006 -93 Subdivision Design The developer submitted the plan design based on issues identified by staff during the preliminary review process. The subdivision provides a compatible mix of dwelling types and a range of lot sizes for single detached housing. The townhouse sites (Blocks 242 243) address the requirement for more multiple unit residential development in the neighbourhood. The location of these units in proximity to the open space areas of the plan and with access to the major road system is appropriate. The extent of reverse lot frontage on Garner Road is minimal and a landscape plan is required to create a desirable streetscape. The City is working with Hydro One to extend St. Michael Avenue through the hydro corridor to serve this area. This collector roadway will be continued in future residential plans to the north. The road and lotting pattern shown on land to the north is conceptual only to demonstrate that this plan does not preclude development options on the abutting property. Traffic calming measures will be incorporated in the roadway design. Sidewalks are required in accordance with standard municipal practice in the subdivision. Stormwater in the north section of the plan will be directed to the proposed detention facility (Block 244) while the remainder of the subject land will be drained to the existing stormwater area to the south at McLeod Road. The new stormwater management area will be constructed to City standards including fencing and landscaping. Zoning Amendment The requested R1E zone for the single- detached lots is the same category as the majority of lots in the neighbourhood. The proposed single- detached lots exceed the minimum lot area of 370 square metres (3,983 square feet) and minimum frontage of 12 metres (39.4 feet) of the zone. The Provincially Significant Wetland (Block 248) and the revised woodlot area (Block 245B) to the east will be in an Environmental Protection Area (EPA) zone. The park blocks, recreational trail and the stormwater management area are recommended to be zoned Open Space (OS). Staffrecommend that the requested R4 zone standards applicable to the townhouse sites (Blocks 242 243) be modified. The minimum zoning depth for a rear yard amenity area is 7.5 metres (24.6 feet) for all dwellings in the City. This requirement should be applied to the rear of each townhouse unit rather than only the "rear yard" of the overall parcel as currently defined in the City's Zoning By -law. The size of the proposed townhouse blocks provide unit layout options. Site Plan Control or condominium approval will be required for the block townhouses to address such matters as parking, landscaping and access to ensure compatibility. Regional Comments The Regional Planning and Development Department notes that the development provides for a mix of townhouse units and single- detached lots (including smaller frontage lots). In addition to standard servicing conditions, Regional Public Works requests a condition of approval for a Traffic Impact Study to address the Garner Road/Lundy's Lane intersection with respect to development in the area. Regional Planning also reviewed the subdivision with regard to Provincial policies. The recommendations of the EIS for the Provincially Significant Wetland are to be implemented through the subdivision agreement. A condition for the review and approval of stormwater management, lot grading, drainage and sedimentation and erosion control plans is also included. October 30, 2006 5 PD- 2006 -93 Agency Comments The Niagara Peninsula Conservation Authority requests conditions regarding the details of the stormwater management system and drainage of the subdivision. Canada Post advises that the residents will be served by Community Mailboxes and requests typical conditions. Hydro One has requested conditions for fencing and approval of the lot grading/drainage plan, advises of requirements during construction and provides a safety notification for the abutting high voltage transmission lines. In addition, the developer will be required to enter into separate agreements with several utility companies. CONCLUSION: The Edgewood Estates Draft Plan of Subdivision is an appropriate development of the site. The application is consistent with the Provincial Policy Statement, and complies with the policies of the Official Plan and Garner Neighbourhood Secondary Plan. The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings and also to protect the Provincially Significant Wetland and woodlot. The required conditions of approval are listed in the Appendix. Prepared by: Respectfully submitted: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development proved by: ony Ravenda Executive Director of Corporate Services RW:gd Attach. S:1PDR\2006\PD2006 -93, Edgewood Estates Draft Plan of Subdivision.wpd John MacDonald Chief Administrative Officer October 30, 2006 -6 APPENDIX Conditions for Draft Plan Approval PD 2006 93 1. Approval applies to the Edgewood Estates Draft Plan of Subdivision prepared by Upper Canada Consultants, dated October 19, 2006, showing 241 lots for single- detached dwellings, Blocks 242 243 for multiple residential use (108 townhouse units), Block 244 for stormwater management, Blocks 245A 246 for parkland, Block 247 for a recreational trail and buffer area, Block 248 for a Provincially Significant Wetland and Block 245B for a woodlot. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development ofthe land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: a) construction of roadways; b) dedication of intersection daylighting triangles (7 metre legs at Forestview/ St. Michael, 12 metre legs at Forestview /Garner and 5 metre legs for all other streets); c) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction (including the name "Kudlac d) dedication of a 3.05 metre (10 foot) road widening (Blocks 254, 255 256) to the City along the east side of Garner Road abutting the plan; e) provision of water distribution, sanitary sewer and storm sewer systems; f) weeping tile flow to be directed to' the storm sewer by use of sump pumps; g) provision of an overland stormwater flow route; and h) application of the City's Lot Grading and Drainage Policy. 5. The developer construct the sanitary sewer to a suitable outlet on Milomir Street beyond the limits of the subdivision to the satisfaction of the Director of Municipal Works. 6. The developer dedicate Block 244 to the City for a stormwater management area. 7. The developer secure all necessary easements beyond the limits of the subdivision for an appropriate storm outlet in accordance with the stormwater management plan submitted by Upper Canada Consultants (April 2006). 8. The developer incorporate traffic calming techniques within the subdivision to the satisfaction of the City's Traffic Parking Services Division including: a traffic circle at the Forestview Boulevard and St. Michael Avenue intersection; a raised crosswalk at the north intersection of St. Michael Avenue and Glavcic Drive; and gateway features with raised centre median islands on Forestview Boulevard between Garner Road and Street "A" and at St. Michael Avenue and the hydro corridor. October 30, 2006 7 PD- 2006 -93 9. The developer construct sidewalks to City standards on both sides of Forestview Boulevard and St. Michael Avenue, the north and east side of Street "A the north side of Glavcic Drive, the south side of Milomir Street and the east side of Garner Road abutting Lots 151 to 162 (inclusive). 10. The developer dedicate a 0.3 metre reserve (Block 252) to the City at the terminus of St. Michael Avenue which is to be continued in the future. 11. The developer dedicate a 0.3 metre reserve (Block 253) to the City to preclude direct access to Garner Road. 12. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 13. The developer grant the City and Public Utilities any easements required to service the subdivision. 14. The developer agree in the Subdivision Agreement with the City, to the satisfaction of Bell Canada, to grant Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 15. The developer include in all offers ofpurchase and sale, a statement that advises the prospective purchaser that the home/business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 16. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. L7. The developer dedicate Blocks 245A, 246 247 (walkway portion credit) to the City as the parkland requirement for the plan. 18. The developer transfer Block 245B (woodlot) and Block 248 (Provincially Significant Wetland) to the City. 19. The developer provide 6 foot high chain -link fencing along the boundary between Block 245A and Lots 66 to 79 (inclusive), the east boundary of Lots 80 81, the north boundary of Block 246, the boundary between Block 247 and Lots 110 to 128 (inclusive), the west and north boundaries of Block 247, the west boundary of Lots 129 130, the south boundary of Lots 133 (portion) to 145 (inclusive) and the southeast boundary of Lot 146 abutting Block 248. There will be no gates permitted in the fencing between the residential lots and Block 248. The City shall consider fencing options in consultation with the developer and their environmental consultant regarding the boundary between Blocks 247 and 248. 20. The developer submit a landscape and fencing plan for the review and approval of the Director of Parks, Recreation Culture illustrating the streetscape treatment of the Garner Road frontage. October 30, 2006 8 PD- 2006 -93 21. The developer provide boulevard trees in accordance with City policy including along the street frontages of parkland (Blocks 245A 246), multiple residential land (Blocks 242 243) and stormwater management area (Block 244). 22. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 23. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning Development confirming that all lots comply with the Zoning By -law: 24. The developer provide five copies of the pre registration plan to Planning Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 25. The detailed design drawings for the water, sanitary sewer and stormwater drainage systems required to service this plan be submitted by the developer to the Regional Public Works Department for review and approval. (Note: Any stormwater management scheme that may be proposed for this development would require the direct approval of the Ministry of Environment, Toronto). 26. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing (watermains, sanitary sewers and storm drainage system) for this development. (Note: Any new storm sewer outlet to a creek or stormwater management scheme designed for quantity control/quality improvement will require direct approval from the Ministry of Environment, Toronto). 27. The developer submit a Traffic Impact Study, to consider the potential impact of this development and neighbouring developments on the intersection ofRegional Road 20 (Lundy's Lane) and Garner Road, to the Regional Public Works Department for review and approval. 28. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning and Development Department acknowledging that draft approval of this subdivision does not include a commitment of servicing allocation by the Region. Servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 29. Immediately following notice of draft plan approval, the developer provide the Regional Planning and Development Department with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City. 30. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Planning and Development Department for review and approval two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of Environment documents entitled Stormwater Management Practices Planning and Design Manual, March 2003, and Stormwater Quality Guidelines for New Development, May 1991: October 30, 2006 9 PD- 2006 -93 a) detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b) detailed erosion and sedimentation control plans. Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Planning and Development Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional Planning staff. 31. The Subdivision Agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management plan required in accordance with Condition 30. 32. The developer submit to the Regional Planning and Development Department an addendum to the Environmental Impact Study, dated July 2006 and prepared by L. Campbell Associates, to evaluate potential impacts on the woodlot partially located on Block 245 and the adjacent Provincially Significant Wetland. The recommendations of the Environmental Impact Study and addendum shall be considered in the preparation of the stormwater management plan and implemented in the Subdivision Agreement between the developer and the City of Niagara Falls. 33. An archaeological assessment be conducted of the entire development site (except for natural areas /woodlots in Blocks 245 248) by a licensed archaeologist and adverse impacts to any significant archaeological resources found on the site be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture, through the Regional Planning and Development Department, confirming that all archaeological resource concerns have met licensing and resource conservation requirements. (Note: A copy of the archaeological assessment report(s) is to be submitted to the Regional Planning and Development Department for information). 34. The developer provide confirmation to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA) of the capacity of the storm sewer system proposed to be installed within the "Municipal Garner Road Storm Easement" and of the major overland flow route downstream of the proposed stormwater management facility. 35. Prior to construction, the developer submit the detailed grading, landscape, storm servicing, major overland flow route, stormwater management and construction sediment control plans to the NPCA for review and approval. 36. The developer agree in the executed Subdivision Agreement to implement Conditions 34 35. 37. The developer install temporary fencing prior to construction and permanent fencing after construction is completed, both at their own expense, along the boundary of the Hydro One transmission corridor. 38. The developer submit a copy of the lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. Drainage must be controlled and directed away from the hydro transmission corridor. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: October 30, 2006 10 PD 2006 93 39. Immediately following notice of draft approval, the developer submit a letter to Hydro One acknowledging that the abutting transmission corridor is not to be used without express written permission of Hydro One, that during construction, there will be no storage of materials or mounding of earth or other debris on the transmission corridor, and the developer will be responsible for restoration of any damage to the transmission corridor or facilities thereon resulting from construction of the subdivision. Furthermore, the costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the developer. Note: The transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 186 Proximity of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Bell Canada for Condition 14 Canada Post for Conditions 15 and 16 Regional Niagara Public Works Department for Conditions 25, 26 and 27 Regional Niagara Planning and Development Department for Conditions 28, 29, 30, 31, 32 and 33 Niagara Peninsula Conservation Authority for Conditions 34, 35 and 36 Hydro One for Conditions 37, 38 and 39 Proposed Plan of Subdivision Zoning By -Law Amendment Application Edgewood Estates 26T -11- 2006 -01 AM- 25/2006 111II1II Subject Land i ii K:IGIS Reque 2006 \Schedules\Subchvisions\Edgewood Estates .map SCHEDULE 1 Location Map s Scale 1:NTS October 2006 SCHEDULE 2 sag° P XoPi Lt 0 8 1 0 n 0 0 hit I N `.F NM we 111•11 111~ IPW MUM BLVD 11911111C Uri STREET 15 finnuestestung amia gip A tttt �11 1111,,111 V30 9'30'E O O x s� s tr 129.8301 130.,401 U To Mal a wn Miff ark P4 OEN MI MN WS NM 1316011 MIMI A NMI Aft f� i t V 141.7801 ICJ '711 o ri. r, Sm 6821m 0 Li 01 f o 0 i„ E i 0 4 1 0 00 W Q IN IrdV N 9 UYDRO O 1114D5 N j r I t I 1 l lu +c .3 I.: -.L t g OW L NM NM 11111 Imp" Iiiii I IMPIM 11111111 J F ero Lao ICU M /!IM iL0 VN YN tat tie WI. eN ill YIN S!M[Wi�Y lci/ WWI SI10n/4D AW 1CIi Wt. NL-ML WK CK+Eii !i6-1 00019/101 CRiCL Cci -IiL IIL TICK YIN T36 9.6 NWd YM1 tl31YMN101S 'SU A71W! 31d011114 S3tl .011N4 Mtn 3Sf1 arm SNW11041t QNe WO'. 3Anga. WCO 30Ydi MOO SAW._ SCHEDULE 2 sag° P XoPi Lt 0 8 1 0 n 0 0 i t V hit I N `.F NM we 111•11 111~ IPW MUM BLVD 11911111C Uri STREET 15 finnuestestung amia gip A tttt �11 1111,,111 V30 9'30'E O O x s� s tr 129.8301 130.,401 U To Mal a wn Miff ark P4 OEN MI MN WS NM 1316011 MIMI A NMI Aft f� o ri. r, Sm 6821m 0 Li 01 0 i„ E i 0 4 1 0 00 W Q IN IrdV N 9 UYDRO O 1114D5 N j r I t I 1 l lu +c .3 I.: -.L t g OW L NM NM 11111 Imp" Iiiii I IMPIM 11111111 J F NIAGARA PENINSULA CONSERVATION A U T H O R IT Y 25o Thorold Road West, 3rd Floor Tel (905) 7 3135 Welland, Ontario L3C 3W2 Fax (goy) 788 -1121 E -mail: npcaeconservation- niagara.on.ca October 5, 2006 File MPR 6.9 Rick Wilson Planner Planning and Development Dept. City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Dear Sir: Subject: Edgewood Estates Subdivision 26T -11- 2006 -01 East Side of Garner Rd. south of Lundy's Lane City of Niagara Fails via fax 1- 905 356 Planning Scanned RECEJVFr OCT 1 1 PLANNING At the request of the Region of Niagara (in accordance with our Memorandum of Understanding) we have reviewed the preliminary stormwater management report for. the above noted draft plan of subdivision application and offer the following comments. These comments pertain to our review of the `Preliminary Stormwater Management Plan Edgewood Estates' (dated April 2006) by Upper Canada Consultants as submitted in support of the above noted development. The stormwater management facility is proposed to be constructed in order to provide stormwater quality and quantity controls for a 28.7ha catchment which will be comprised of single family and multi- family residential lots within the Beaverdams Creek watershed. The NPCA also understands that the southern 10.2 hectares of the site are proposed to be serviced by the adjacent Garner /Deerfield Estates stormwater management facility. The NPCA has no objection to .this. Based upon our review, the NPCA offers the following comments: 1) It appears that the proposed stormwater management block contains sufficient area to in order to treat stormwater runoff (from the contributing 28.7 hectare catchment) to a `Normal' standard prior to discharge from the site. 2) It appears that the proposed stormwater management block contains sufficient area in order to attenuate post development peak flows to pre development levels (up to and including the 100 year return period design event) prior to discharge from the site. 3) It appears that the proposed stormwater management block contains sufficient area in order to capture stormwater runoff from the 25mm design storm event and release it over a period of 24 hours in order to mitigate the impacts of erosion on the downstream watercourse. 2 4) The NPCA will require confirmation of the capacity of the storm sewer system proposed to be installed within the 'Municipal Garner Road Storm Easement'. 5) The NPCA will require confirmation of the major overland flow route downstream of the proposed stormwater management facility. 6) Prior to construction, the NPCA will require that detailed grading, landscape, storm servicing, major overland flow route, stormwater management, and construction sediment control plans be circulated to this office for review and approval. 7) Conditions 4, 5 and 6 shall be implemented through the required subdivision agreement. We would ask that the above comments be incorporated into any approval of the subdivision as draft plan conditions. The Region of Niagara may have additional comments or requests respecting stormwater management. Please send notice of your Councils decision in this matter. Yours trui Paul Bond Senior Watershed Planner (ext. 234) PEB cc: Mr. David Farley, Region of Niagara, Planning and Development Dept. Jason Schooley,Upper Canada Consultants, St. Catharines NiagaraigN Region PLANNING AND DEVELOPMENT October 11, 2006 Mr. Richard Wilson Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 The Regional Municipality of Niagara 3 50 Schmon Parkway, P.O. Box 1042 T:horold, Ontario L2V 4T7 Telephone: 905 984 -3630 Fax: 905 -641 -5208 E -mail: plan @regional.niagara.on.ca Dear Mr. Wilson: Re: Draft Plan of Subdivision and Zoning .By -law Amendment Edgewood Estates East Side of Garner Road, south of Lundy,'s. Lane (Regional Road. 20) File: 26T -11- 2006 -01 Owner: 1473944 Ontario Limited City of Niagara Falls Regional staff has reviewed the Edgewood Estates draft plan of subdivision and related zoning by -law amendment. The plan proposes the development of 36.02 hectares (89 acres) of land for 241 single detached residential lots, two multiple residential blocks for 108 units and blocks for stormwater management, parkland and open space. The following Regional and Provincial comments are provided for your consideration. Regional Planning Comments This development is located in the Niagara Falls Urban Area Boundary according to the Regional Policy Plan. A variety of residential uses and densities are permitted in the Urban Area where full municipal services can be provided. The City has prepared the Garner Neighbourhood Secondary Plan which guides development in this area. proposed subdivision provides a reasonable mix of medium and low density housing. Further, the inclusion of several blocks for open space and parkland contributes to an amenable linked system of public parks and open space in the neighbourhood that protects natural heritage features (Le. woodlands, .wetlands) and provides recreational opportunities. In this regard, the proposed developi=nent meets the general land use objectives of the Regional Policy Plan. The Regi on's recent Environmental policies, approved by Council but subject to resolving appeals, identify the woodlot (Block 248) on the property as an Environmental Protection Area that is part of the Core Natural Heritage System. This reflects Provincially significant wetlands that are part of the Warren Creek Wetland Complex. Development and site alterations are not permitted in this area. The amending Zoning By -law should include Building Community. Building Lives. File: D.1 RECEIVED OCT 13 20 PLANNING DEVELOPMENT 2 these lands in an "Environmental Protection" zoning category. An Environmental Impact Study, prepared by L. Campbell Associates, has been submitted to assess potential development impacts on natural heritage features. More detailed comments on the EIS are provided later in this letter under our` Provincial review on behalf of the Ministry of Natural Resources. In accordance with the Region's policy, the assignment of servicing allocation to a subdivision is not given until final approval of the plan is being considered. Two standard conditions of draft approval are included in Appendix 1 to address this matter. Regional Public Works The Regional Public Works Department is not opposed to the plan of subdivision subject to several conditions of draft plan approval. As Garner Road forms the limit of the City's urban boundary, Regional Public Works staff has suggested that the City consider the provision of municipal services for adjacent properties along the east side of Garner Road in conjunction with. servicing to be provided for the proposed subdivision. Servicing drawings will be required to be submitted to the Regional Public Works Department for .review in conjunction with Certificates of Approval required from the Ministry of the Environment. A Traffic Impact Study is being requested to address potential impacts from this development and adjacent development on the intersection of Garner Road and Regional Road 20 (Lundy's Lane). Detailed comments from Regional Public Works are attached as Appendix 2 and necessary conditions of draft approval have been included in Appendix I. Regional Public Health The Regional Public Health Department has recently advised the City (see Appendix 3) to proceed with the extension of municipal sewers on Garner Road to service homes along the east side. This is a result of complaints filed by residents and evidence of defective septic systems that could lead to health problems in the long term. Although this has not been included as a condition of the Edgewood Estates plan of subdivision, the extension of the municipal sewer system outside of this subdivision should be pursued by the City in the near future. PROVINCIAL REVIEW To address Planning Act requirements, the Region and other planning authorities must be consistent with Provincial policy requirements. Regional Planning staff has reviewed this plan in light of Provincial policy and interests and we have the following comments. Ministry of Municipal Affairs and Housing Provincial policies encourage the provision of a full range of housing types and densities in settlement areas to meet housing needs of the regional market area. This includes housing designed to be affordable to moderate and lower income households. Approximately 31 of the proposed development will be for townhouse dwellings and there area number of narrow single detached lots.. This should provide the opportunity for more affordable forms of housing to be built as promoted under Provincial policies. Ministry of Environment and Energy 1) Land Use Compatibility Regional Planning staff is n of aware of any noise, site contamination or incompatible land use in the immediate area that would have an adverse effect on the proposed residential development in accordance with Ministry of the Environment (MOE) guidelines. ii) Sewage and Water Systems Full municipal sewage and water services will be provided for this development. Servicing capacity and design will be addressed as conditions of draft plan approval. Servicing plans will be required to be reviewed by the Regional Public Works Department under the MOE Transfer of Review Program. iii) Stormwater Management 3 A Preliminary Stormwater Management Plan .prepared by Upper Canada Consultants provides details on how drainage from this development will be handled. The lands north of the existing woodlot/wetland are within the Beaverdams Creek watershed. Drainage from this portion of the subdivision will be directed to a stormwater management facility proposed at the northwest corner of the plan (Block 244) with stormwater ultimately discharging into a tributary of Beaverdams Creek west of Gamer Road. Since Beaverdams Creek is 'classified as an Important (Type 2) fish habitat, the stormwater facility will provide Normal (Level 2) water quality protection based on MOE criteria. It is our understanding that the City currently has an easement to facilitate the conveyance of stormwater over adjacent lands to the tributary of Beaverdams Creek. Drainage from the remaining area of the subdivision (south of lots fronting on proposed Street A) has been included under a previous stormwater management plan prepared for the adjacent Deerfield Estates plan of subdivision. These lands are within the Warren Creek watershed boundary as provided for in the Warren Creek Watershed Master Plan.. Improvements to existing stormwater ponds within the Garner Neighborhood to the southeast w ill be necessary to accommodate additional drainage. In accordance with the Region's agreement with the Niagara Peninsula Conservation Authority (NPCA), NPCA staff assists the Region in the review of fish habitat and stormwater management requirements. The requirements for a stormwater management plan are included as conditions of draft plan approval listed in Appendix I. Preliminary comments provided by NPCA staff indicate that the stormwater management block is adequately sized. The preparation of the final plan should also take into consideration the recommendations of the Environmental Ministry of Natural Resources 4 Impact Study submitted with the subdivision application. The NPCA will review the final stormwater management plan on our behalf and provide comments through the Regional Planning and Development Department to clear relevant conditions. An Environmental Impact Study.. (EIS) was prepared by L °.'Campbell Associates to evaluate natural features and to' that development will not have negative impacts on natural heritage features or on their ecological functions as required in the Provincial Policy Statement and the Warren Creek Watershed Master Plan. The woodlands included in Block 248 form part 'of the Warren Creek Wetland Complex which is designated as a Provincially Significant Wetland (PSW) by the Ministry of Natural Resources. Several provincially and regionally rare vegetation species are situated in this area, including the Catbrier (Greenbrier) which is also classified as a threatened species both provincially and nationally. This block will be conveyed to the City and remain in public ownership. It should also be zoned for environmental protection purposes to prohibit development. A strip of land to the east, outside of the woodlot, will be dedicated to the City as parkland (Block 247) which will provide; an increased buffer between residential Tots and the PSW The potential development of a trail in this park area should incorporate additional vegetation to enhance the natural buffer. Proposed lots along Street 'A' are located outside of the PSW boundary to facilitate a reasonable buffer from vernal pools located within the interior of the woodlot. An existing ditch to be retained around the perimeter of the woodlot should also maintain current surface hydrology conditions. The final stormwater management plan should confirm that the wetland will not be adversely affected. Ministry of Culture The EIS makes reference to a woodlot to the northeastjhat was evaluated through a separate EIS as part of the adjacent Deerfield Estates plan of subdivision. This woodlot also contains Provincially Significant Wetlands within the interior. The current EIS acknowledges the connectivity between this woodlot and the woodlot/PSW in the southwest section of the proposed subdivision (Block 248) through an existing hedgerow and makes recommendations to maintain part of this corridor. However, the EIS does not assess potential impacts from the proposed development on the woodlot that extends into another proposed park block (Block 245) for Edgewood Estates or on the adjacent PSW within Deerfield Estates. This should be addressed further through an addendum to the EIS prior to final approval of the subdivision. The EIS provides several recommendations to protect the PSW, woodlot and hedgerow that should be implemented through the subdivision agreement. It will also be important to coordinate recommendations from the EIS with the stormwater management plan, particularly lot grading and drainage plans, for this development. This development exhibits a moderate potential for the discovery of archaeological resources based on previous comments provided by, the Ministry of Culture for development in the Garner Neighbourhood. An. archOeological assessment of this development will, therefore, be required prior. toy any site,:disturb as a condition of draft approval. The assessment can exclude natural areas in Blocks 245 and 248 where development or site alterations will not take place. Conclusion From a Regional and Provincial planning perspective, Regional Planning staff has no objection to the draft approval of the Edgewood Estates plan of subdivision and the related zoning by -law amendment application subject th the conditions of draft plan approval as set out in the attached Appendix L Further, Block 248 should be zoned for environmental protection purposes. If you have any questions concerning these comments or questions, do not hesitate to contact me. Please send notice of the City's .decision regarding this application. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner 5 Attachments: Appendix 1 (Conditions of Draft Approval) Appendix 2 (Comments from Regional Public Works) c: Mr. D. DiLalla, 1473944 Ontario Ltd., 353 Townline Rd., NOTL, ON LOS 1J0 Mr. J. Schooley, Upper Canada Consultants Ms. L. Campbell, L. Campbell Associates Mr. J. MacDonald, Ministry of Culture, London Ms. B. Ryter, Ministry of the Environment, Hamilton Mr. J. Durst, Ministry of Natural Resources Ms. S. McInnes, MCIP, RPP, Niagara Peninsula Conservation Authority Mr. W. Stevens, Regional Public Works M: \MSWORD \PCWiagara Faris \NFsubd\EdgewoodEstates.doc APPENDIX I Conditions of Draft Approval Edgewood Estates City of Niagara Falls 1. That the owner acknowledges promptly that draft approval.6if this `,subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 2. That immediately following notice of draft plan approval, the owner shall provide the Regional Niagara Planning and Development Department with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final 'approval for registration, and a similar clause be inserted in the subdivision agreement between the owner and the City of Niagara Falls. 3. That the design drawings for the water, sanitary sewer and stormwater drainage systems required to service this development be submitted to' the Regional Public Works Department for review and `approval. (Note: Any stormwater management scheme that may be proposed for this development would require the direct approval of the Ministry of Environment, Toronto). 4. That prior to final approval for registration of this plan, the owner shall obtain Ministry of the Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing (watermains, sanitary sewers and storm drainage system) for this development. Note: Any new storm sewer outlet to a creek or storm water management scheme designed for quantity control/quality_: improvement will require direct o approval from the Ministry of the Environment (Toronto. Office). 5. That a Traffic Impact Study, to consider the 'potential impact of this development and neighbouring developments on the intersection of Regional Road 20 (Lundy's Lane) and Gamer Road, be submitted to the Regional Public Works Department for review and approval. 6. That prior to approval of the final plan or any on -site grading, the owner submit to the Regional Planning and Development Department for review and approval two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991: a) Detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and, b) Detailed erosion and sedimentation control plans. 7 Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Planning and Development Department regarding the approval of these plans and the sub sequent clearance of related conditions by Regional Planning staff. 7. That the subdivision agreement between the owner and the City of Niagara Falls contain provisions whereby the owner agrees to implement the approved stormwater management plan required in accordance with Condition 6 above. 8. That an addendum to the Environmental Impact Study, dated July 2006 and prepared by L. Campbell Associates, be prepared to evaluate potential impacts on the woodiot partially located on Block 245 and the adjacent. Provincially Significant Wetland and that recommendations of the Environmental Impact Study and addendum be considered in the preparation of the stormwater management plan and implemented in the subdivision agreement between the owner and the City of Niagara Falls. 9. That an archaeological assessment be conducted of the entire development site (except for natural areas /woodlots in Blocks 245 248) by a licehsed archaeologist and adverse impacts to any significant archaeological resources found on the site 'be mitigated through preservation or resource removal and documentation: No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture, through the Regional Planning and Development Department, confirming that all archaeological resource concerns have met licensing and resource conservation requirements. Note: A copy of the archaeological assessment report(s) is to be submitted to the Regional Planning and Development Department for information. Clearance of Conditions Prior to granting final plan approval, the City of Niagara Falls must be in receipt of written confirmation from the following agencies that their respective requirements have been met satisfactorily: Regional Niagara Planning for Conditions 1, 2, 6, 7, 8 and 9. Regional Niagara Public Works for Conditions 3, 4 and 5. (through Regional Planning) Subdivision Agreement Prior to registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Regional Planning and Development Department for verification that appropriate clauses pertaining to the above conditions of approval have been included. DATE: August 4, 2006 Niagarallar. Region MEMORANDUM TO: Peter Colosimo, MCIP, RPP. Senior Planner Planning and Development Department. FROM: William J. Stevens, C.E.T. Development Approvals Manager SUBJECT: Circulation of Draft Plan of Subdivision Owner /Applicant: 1473944 Ontario Limited Proposal: Edgewood Estates 241 single family residential lots; 2 blocks of multiple family housing; 2 blocks park; 1 block open space; 1 block storm water management Location: East of Garner Road south of Regional Road 20 (Lundy's Lane) In the City of Niagara Falls City File: 26T -11- 2006 -01 Our File: D.11.04.66.642640049 (ID #5276) Regional Niagara Public Works Department has reviewed the above referenced Draft Plan of Subdivision and provide the following comments: 1) Water, Sanitary and Storm Sewers Servicing will be under the jurisdiction of the City of Niagara Falls and will require the construction of all new services for the proposed development. The City should determine that there is sufficient capacity in the area to provide for anticipated water consumption and sewage flows from the development. As Garner Road at this location forms the western boundary of the City of Niagara Falls, we would suggest that the City consider the servicing of properties along the east side of Garner Road as part of the servicing scheme for this development. A -v RECEIVED AUG U 8 2006 �P�. Ftrgianal Municipal 44'44 of ANNiN�€ir�gaza Q 7 2) Ministry of the Environment A condition of draft plan approval will require the appropriate Certificates of Approval for all sewage and water works from the Ministry of the Environment. As part of the Ministry's Transfer of Review Program, our department will require a detailed set of servicing drawings for our review and approval. 3) Servicing Allocation Draft approval does not include a commitment of servicing allocation, but will be assigned at the time of final approval /registration and any pre servicing will be at the sole risk/responsibility of the developer. 4) Transportation This development does not directly abut a roadway under the jurisdiction of the Region; however, it is located approximately 250 m south of the intersection of Regional Road 20: (Lundy's Lane) with Garner Road. Inasmuch as it is anticipated that this subdivision, which consists of about 349 units plus the neighbouring developments will have an impact upon the intersection, we would request thata Traffic Impact Study be undertaken for this proposal and include the neighbouring'. developing area. Any recommendations for the local roadway and our intersection resulting from this study should be implemented by the City. Such work may be combined with other road improvements resulting from our recent Operation and Safety Review Study along Regional Road 20 (Lundy's Lane) at this location. We trust that the foregoing Regional comments will be appropriately incorporated into any draft plan agreement entered into by the City with this applicant. iIliam J. Steve. C.E.T. Developmen Approvals Manager Public Works Department Operational Support Services Division Peter Colosimo, MOP, RPP Senior Planner Planning and Development Department August 4, 2006 Page 2 of 2 WJS /cm LAEngineering Planning and Deveiopment\vetrone- Carmen \Niagara Falls \CORRESPONDENCE 2006 \13065.P.Colosimo.doc c: Eric Flora, P. Eng., Acting AssociateDirector, Transp.ortation Systems Niagara PUBLIC HEALTH DR. ROBIN WILLIAMS Medical Officer of Health IA Main Office 30 Hannover Drive St. Catharines, ON L2W 1A3 Phone: 905 -688 -3762 1-800- 263 -7248 Fax: 905 -682 -3901 Branch Offices 0 Niagara Falls 5710 Kitchener Street Niagara Falls, ON L2G 1C1 Phone: 905 -356 -1538 Fax: 905 356 -7377 Sexual Health Centre Phone: 905 358 -3636 Fax: 905 -358 -2717 o Welland 540 King Street Welland, ON L3B 3L1 Phone: 905 -735 -5697 Fax: 905 -735 -4895 0 Sexual Health Centre Phone: 905- 734 -1014 Fax: 905 734 -1770 o Fort Erie 43 Hagey Street Fort Erie, ON L2A 1W4 Phone: 905- 871 -6513 Fax: 905- 871 -3020 Sexual Health Centre Phone: 905- 871 -6513 Fax: 905- 871 -3020 o St. Catharines Sexual Health Centre 277 Welland Avenue St. Catharines, ON L2R 2P7 Phone: 905 688 -3817 1- 800 -263 -5757 Fax: 905 -688 -6063 o Population Health Division Phone: 905 -641 -2118 Fax: 905 688 -5100 o Emergency Services Division Phone: 905 641 -2218 Fax: 905 688 -5079 509 Glendale Avenue East Niagara on the Lake, ON LOS 1J0 www.re_gional. niagara.on. ca An Accredited Public Health Department 1 Region September 18, 2006 Mr. Geoff Holman Manager of Development Department of Engineering City of Niagara Falls: 4310 Queen Street, PO Box 1023 Niagara Fa ON L2E 6X5 Dear Mr. Holman: RE: Private Sewage Disposal Systems East Side of Garner Road (McLeod Road Hydro Corridor) City of Niagara Falls NvwDlg ti RE CF j /Ff SEP 19 2006 elcn ;infcipalittr cf t PLANNT You will remember the sanitary survey conducted by staff in the Niagara Region Public Health Department in October 2005 at the above -noted location. At that time, staff concluded that the installation of municipal sewers would ensure the Tong -term negation of potential health risks from malfunctions in private sewage ,systems,. Since then, our staff have responded to citizen complaints in the subject area and found further evidence of defective septic tank systems as well as the ponding of sewage at the rear of one residence. Given the age of the systems serving the homes in this portion of Garner Road, further breakdowns can be expected. In many cases, the current lot sizes are such that replacement of these systems by systems which meet the current requirements of the Ontario Building Code is not possible: Based on the foregoing, the Niagara Region Public Health Department encourages the City of Niagara Falls to proceed with the extension of the existing municipal sewers to the homes situated at the above -noted location. If you have any questions or require any further clarification, please feel free to contact me. Yours truly, er Bill Hunter, BSc, DiO Env Health, CPHI(C) For: Robin Williams, MD, DPH, FRCP(C) MEDICAL OFFICER OF HEALTH Mr. David Farley, Niagara Region Planning Building Community. Building Lives. rail/ sue. rtc,,L..4 13 /0 0. 0 ,Q 1r-c /01_3 l 0 az 3v.06 ej Aii7-2-372,006 A,a- P1 J2,,,iithQ rk. 1 1414-47.i 4,v. 1:„144:11 d4 _„,d 6 att"42.411-/-,„a.0„,„) 2) R) o,_ -rte.. ,,,,z� .�.:�G� ka-a?( o to zirnP -/t- a r"-ug_ al --vt is ,emu f 4.4- b� n.t t,. s rho -4.42 4d ba-dL 0-/ ieto Au_ 4 i-e-,- )L.4 p ,r-1.4-ft trt-ctle D ctv‘-'4-1 b) /vet 0-1, “4-4,0 kt,t- -a/j 4-t-r-A-1/4( ,A�.d 4 .4--v..dk dm r )-;c4_ w. Ah'‘ Afitt-et- 4;71 1-1.c Aiatia r t4la I Jain g.44 A o-�w� rrt� J o- L.R., 7 /r jrgq� 4cida-ril by hm--- .4-11A,N1-‘,4e4 RECEIVED OCT 18 2U06 PLANNING DEVELOPMENT cent )ef 13- 0 .A.1 am.g., A t /ktrvei ,atr�t 3) 1 a 5 R io a 4-4 fr' -1 f 4,,z( At44. ,a-v1,41 -1-11-46 14/4-aiw-ta a-42_ A1 o r -ro a-12- I w■o a..., Y -ef u-e J a. r `vim-It re e Ai 6- tten1D0 er Are.e) ft-dArd Down w N Board of Management October 13, 2006 P.O. Box 5, Main Station Niagara Falls, Ontario L2E 6S8 Mayor R. (Ted) Salci and Members of the Municipal Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario P.O. Box 1023 L2E 6X5 Dear Members: Tel.: (905) 354 -0606 Fax: (905) 354 -5541 bia@niagarafallsdowntown.com www.niagarafallsdowntown.com On behalf of the Nomination Chairman, please be advised that David Hagarty, one of the elected officers to the Downtown Board of Management resigned his board position on September 21, in order for the board to hire him as Director of Public Relations for a period of two months. At a recent meeting held October 3rd, 2006 the Board selected Ulrike Gross, Director of Canadian Development for the Ciminelli Real Estate Corporation of Canada. Ms. Gross is Canadian and holds a real estate licence on both sides of the border. Ciminelli was the interim owner of 4600 Erie Avenue and as well owns several other properties in the Niagara Region. Ciminelli has recently moved its office from N -O -T -L to the Elgin Block at 4673 Ontario Avenue, Suite 201. City Council is being asked to ratify the appointment of this new member to the Board. Respectfully submitted Dorothy Duncan .Administrator Downtown Niagara Falls: Where Friends Make the Difference City of Niagara Falls Clerks Department c/o Mr. Dean Iorfida OPTIMISTS N LLS CLERKS' ii 101?` 1 :::1 October 14/ 2006 Since 1954, the Optimist Clubs of North America have recognized the accomplishments of youth in the home, school, church and the community. Every November, the Optimist Club of Niagara Falls honours the youth of our City for their talents in the Arts, Academics, Athletics or for their contributions to the community through volunteering or involvement. In conjunction with our annual "Youth Appreciation Awards Night" we ask that you issue us a proclamation, proclaiming the week of November 19 25 2006 as "Youth Appreciation Week" in the .City of Niagara Falls. We thank you in advance for this undertaking. Yours in Optimism Michael Carey Youth Activities Programs Cairman 4208 Fernwood Cr. Niagara Falls, Ont, L2E 6J4 905 358 -6320 THE OPTIMIST CLUB OF NIAGARA FALLS P.O. Box 124, 4751 Dorchester Road, Niagara Falls, Ontario L2E 6S8 Phone: 905 358 -0033 Fax: 905 -358 -9661 The City of Niagara Falls Canada Members: BACKGROUND: Corporate Services Department L- 2006 -42 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: (905) 356 -7521 (905) 371 -2892 kkelly @city.niagarafalls.on.ca October 30, 2006 Re: L- 2006 -42 Ascot Woods Ltd. Conveyance to the City Part 6 on Reference Plan 59R -7160 and Part Block A on Plan M -78 Our File No.: 2006 -194 That Council approve the conveyance of Part 6 on Reference Plan 59R -7160 and Part Block A on Plan M -78( "subject lands from Ascot Woods Ltd. to The Corporation of the City of Niagara Falls (the "City with no conditions of conveyance and at no charge to the City. Legal Services has received a letter from Brian Sinclair, solicitor for Ascot Woods Ltd., advising that his client is prepared to convey the subject lands, being Part 6 on Reference Plan 59R -7160 and Part Block A Plan M -78 shown hatched on Schedule "1" attached, to the City with no conditions of conveyance. The lands consist of two small parcels both with frontage on Post Road, located within Ascot Woods Subdivision, and are less than one quarter acre each. Ascot Woods Ltd. has advised that it has been paying taxes on the subject lands, although they represent no value to that company. They had offered the lands to the abutting land owners to these properties, who have declined them. The subject lands are now being offered to the City, without condition of conveyance. Karen L Kelly City Solicitor Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 30, 2006 2 L- 2006 -42 This request was circulated to various City departments and no objections to the conveyance of the subject lands to the City have been received. As such, it is our recommendation that the City accept the conveyance of the subject lands, with no conditions of conveyance and at no charge to the City. Recommended by: A Karen I. Kelly City Solicitor Approved by: Ravenda Executive Director of Corporate Services Respectfully submitted: 1/4 hn MacDonald hief Administrative Officer Corporate Services Department L- 2006 -40 The City of Legal Services 4310 Queen Street Niagara Falls P.O. Box 1023 Canada Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalis.on.ca Members: RECOMMENDATION: BACKGROUND: Recommended by: aren I. Kelly City Solicitor Tel.: (905) 356 -7521 Fax: (905) 371 -2892 E -mail: kkelly @city.niagarafalls.on.ca His Worship Mayor TO Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 30, 2006 Re: L- 2006 -40 Niagara Falls Hydro Holding Corporation Niagara Falls Hydro Inc. Niagara Falls Hydro Services Inc. Annual Resolutions Our File No. 2002 -56 That the Mayor, being the shareholder's representative ofNiagara Falls Hydro Holding Corporation, Niagara Falls Hydro Inc. and Niagara Falls Hydro Services Inc., be authorized to execute the Annual Resolutions of these three Corporations for the year ended December 31, 2005, as set out in Appendices 1, 2 and 3. Annual Resolutions for each of the three above mentioned Corporations are required pursuant to the Ontario Business Corporations Act. The execution of these Resolutions is an annual requirement of the Mayor, as the shareholder's representative of each of the three Corporations. Respectfully submitted: John MacDonald Chief Administrative Officer Karen I. Kelly City Solicitor Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 30, 2006 2 L- 2006 -40 Approved by: r T. Raven Executive Director of Corporate Services KIK/sm Attachments Resolved that: Annual Resolution of the Shareholder of Niagara Falls Hydro Holding Corporation 1. Approval of Financial Statements The consolidated and non consolidated financial statements of the Corporation for the financial year ending December 31, 2005 with the report dated April 18, 2006 of the Auditor thereon are hereby acknowledged to have been presented to the shareholder of the Corporation and are hereby approved and adopted. 2. Appointment of the Auditor Crawford, Smith Swallow be and is hereby appointed the Auditor of the Corporation, to hold office until the next annual meeting of the shareholder of the Corporation unless such Auditor is earlier duly removed from office, at a remuneration to be fixed by the Board of Directors and the Board being hereby authorized to fix such remuneration. 3. Confirmation of Acts of Directors and Officers All acts, contracts, by -laws, resolutions, proceedings, appointments, elections and payments enacted, taken, passed, made and done by the directors and officers of the Corporation since Incorporation dated April 1, 2000 to the date hereof are hereby approved, ratified and confirmed. The foregoing resolution is hereby consented to by the signature of the Shareholder's representative as set out in original Shareholder Declaration, Section 6 pursuant to Section 7 signed and dated May 8, 2000. Dated the 3Othof October Mayor Ted Salci, City of Niagara Falls 2006. Resolved that: Annual Resolution of the Shareholder of Niagara Falls Hydro Inc. 1. Approval of Financial Statements The financial statements of the Corporation for the financial year ending December 31, 2005 with the report dated April 18, 2006 of the Auditor thereon are hereby acknowledged to have been presented to the shareholder of the Corporation and are hereby approved and adopted. 2. Appointment of the Auditor Crawford, Smith Swallow be and is hereby appointed the Auditor of the Corporation, to hold office until the next annual meeting of the shareholder of the Corporation unless such Auditor is earlier duly removed from office, at a remuneration to be fixed by the Board of Directors and the Board being hereby authorized to fix such remuneration. 3. Confirmation of Acts of Directors and Officers All acts, contracts, by -laws, resolutions, proceedings, appointments, elections and payments enacted, taken, passed, made and done by the directors and officers of the Corporation since Incorporation dated April 1, 2000 to the date hereof are hereby approved, ratified and confirmed. The foregoing resolution is hereby consented to by the signature of the Shareholder's representative as set out in original Shareholder Declaration, Section 6 pursuant to Section 7 signed and dated May 8, 2000. Dated the 30thof October Mayor Ted Salci, City of Niagara Falls 2006. Resolved that: Annual Resolution of the Shareholder of Niagara Falls Hydro Services Inc. 1. Approval of Financial Statements The financial statements of the Corporation for the financial year ending December 31, 2005 with the report dated April 18, 2006 of the Auditor thereon are hereby acknowledged to have been presented to the shareholder of the Corporation and are hereby approved and adopted. 2. Appointment of the Auditor Crawford, Smith Swallow be and is hereby appointed the Auditor of the Corporation, to hold office until the next annual meeting of the shareholder of the Corporation unless such Auditor is earlier duly removed from office, at a remuneration to be fixed by the Board of Directors and the Board being hereby authorized to fix such remuneration. 3. Confirmation of Acts of Directors and Officers All acts, contracts, by -laws, resolutions, proceedings, appointments, elections and payments enacted, taken, passed, made and done by the directors and officers of the Corporation since Incorporation dated April 1, 2000 to the date hereof are hereby approved, ratified and confirmed. The foregoing resolution is hereby consented to by the signature of the Shareholder's representative as set out in original Shareholder Declaration, Section 6 pursuant to Section 7 signed and dated May 8, 2000. Dated the 3Othof October 2006. Mayor Ted Salci, City of Niagara Falls Niagara Falls The City of Canada Members: His Worship Mayor TO Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -127 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 October 30, 2006 Re: MW -2006 -127 Development Charges By -Law Amendment Consulting Services It is recommended that the services of C. N. Watson and Associates be engaged to complete the necessary studies and supporting documents required to amend the current Development Charges By -Law (By -Law #2004 -138) to permit the development charge exemption program set out in the Downtown, Brownfield and Historic Drummondville Community Improvement Plans. The City of Niagara Falls has recently adopted the financial incentive packages for the Downtown, Brownfield and Historic Drummondville Community Improvement Plans which include provisions for the partial exemption of the payment of Development Charges. Although the Development Charges Background Study anticipated the potential for these types of programs it was acknowledged that: "Providing discretionary exemptions produces a revenue loss and therefore is an implicit expenditure. If Council is to exempt an area from Development Charges, the costs required to service this area cannot be borne by development occurring elsewhere in the City and must be funded from tax and related sources. As with any government subsidy or program which is designed to influence private sector investment decisions, it is important to ensure that the public expenditure or foregone revenue produces a community benefit of greater magnitude." (Section 6.2.) The amendments to the Development Charges By -Law will require a new study to assess the Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services scope of the impacts, if any, to the anticipated revenue stream. C.N. Watson and Associates were retained to assist the City in the preparation of the Background Study and the outstanding appeal to the current By -Law and are best positioned to assist us with the proposed amendments. The estimated fees for their services are not expected to exceed $20,000 which are recoverable from the Development Charges Reserve Fund. Given the timing of the incentive programs and the procedures required to amend the By -Law your favorable consideration of this matter is appreciated. Prepared by: Geoff Holman Manager of Development (/Chief Administrative Officer Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works 2 MW 2006 127 Respectfully submitted: Rri ohn MacDonald Niagara Falls The City of Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario BACKGROUND: Community Services Department MW- 2006 -123 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 Attached for your information is a copy of the proposal. October 30, 2006 Re: MW- 2006 -123 Grassy Brook West Area Watermain and Sanitary Sewer Inspection Consultant Agreement RECOMMENDATION: That the City Council engages the services of Philips Engineering to provide inspection services for the Grassy Brook West Area Watermain and Sanitary Sewer Construction Projects at an upset limit of $195,000 (plus GST) to be funded in full from the Development Charges Reserve Fund and that Council authorizes the Mayor and City Clerk to sign an agreement with Philips Engineering. Due to the current number of projects in the construction phase, additional inspection staff is necessary to provide proper inspection for these projects at this time. Council has previously authorized staff to enter into a Consulting Services Agreement with Philips Engineering to complete the Environmental Assessment process as well as preparing the detailed engineering design for the watermain and sanitary sewer for this area. Therefore, due to the complexity of the underground services and their familiarity with the design issues, it is recommended that Philips Engineering be retained to complete the inspection for these projects. These projects were identified in the 2004 Development Charges Background Study (Project No.'s DC-NT-W11; DC-NT-W12, DC- NT- SA14), as being fully funded from the Development Charges Reserve Fund. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 30, 2006 Council's concurrence with the above recommendation would be appreciated. ared by: A Respectfully submitted; Rick Volpini, Project Manager Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works 2 John MacDonald Chief Administrative Officer MW- 2006 -123 41111 T J HILIPS ENGINEERING October 12, 2006 Our File: 106032 -10 City of Niagara Falls Community Services Department 4310 Queen Street Niagara Falls, ON L2E 6X5 ATTENTION: Mr. Rick Volpini, C.E.T. Development Technologist Dear Sir: RE: Grassy Brook Area Watermain Construction Inspection Services The proposed staff for this project is as follows: Based on Integrity Built with Dedication 3215 North Service Road, Box 220, Burlington, Ontario L7R 3Y2 Further to your request, we are pleased to offer the following as our proposal for the provision of Construction Inspection Services for the above mentioned project. Philips Engineering Ltd. takes pride in the provision of quality engineering services, both in design and construction administration services. In order to ensure the work is carried out in accordance with the approved contract drawings, it is necessary to provide construction administration staff that are experienced in the type of work proposed, and are capable of ensuring that the work is carried out in a proper manner. Project Manager Robert R. McLaughlin, P. Eng. As Project Manager, Bob will be responsible to the City for all aspects of the project, and will oversee the assigned staff to ensure that the project is managed to the satisfaction of the City of Niagara Falls. Hourly Billing Rate: $150.00 Project Engineer David Sinke, P. Eng. As Project Engineer, David will be responsible for the contract administration, liaison with the City and the Contractor, and general direction of the project. As Project Engineer, for the detail design portion of the assignment, David is very familiar with all of the details of the project. His many years of experience in the Municipal Engineering field bring to the project the knowledge and expertise required to ensure a quality service. David will attend all site meetings, process payments in a timely manner and ensure full co- ordination of the project on behalf of the City. Hourly Billing Rate: $109.00 Tel: 905.335.2353 Fax: 905.335.1414 admin@philipseng.com www.philipseng.com Philips Engineering Ltd. City of Niagara Falls October 4, 2006 Page 2 Project Field Inspector Kevin Kading, C.E.T. The Field Inspector for this assignment is proposed to be Kevin Kading, C.E.T. Kevin is one of our most experienced field supervisors and is very experienced in all aspects of construction. As Project Supervisor for the Roberts Street project, Kevin became very familiar with the City of Niagara Falls area. As well, he has a good working relationship with several of the City staff. The following is proposed as our estimate of fees to provide Construction Inspection for the project. The daily rate is calculated as follows: Project Manager 1 day /month; 7.5 x 150/21 avg.) $53.60 Project Administrator (Engineer) 1 day /week; $109.00 x 7.5/5 163.50 Site Inspector 10 hours /day; $75.00 x 10 750.00 Subtotal $967.10 Disbursements 50.00 TOTAL DAILY RATE $1,017.10 Total working days for this project are estimated at 85. However, should more than one operation be performed concurrently, this could be reduced to 65 days. For budget purposes, it is suggested that the estimate be based on the 65 days, plus 10 days for start-up and clean -up, for a total of $75,000.00, with a $20,000.00 contingency. It is understood that, should the construction period vary significantly, the fee will be adjusted accordingly. We trust the above meets with your approval. Should there be any questions or comments, please do not hesitate to contact the undersigned. Yours very truly, Per: Robert R. McLaughlin, P. Eng. RRM/ad g:\work1106032 cor\Iet'city- oct.12,06.doc Hourly Billing Rate: $75.00 Say $1, 000.00 /Day Aw�U 1 946 -2006 HILIPS E N G I N E E R I N G October 12, 2006 Our File: 106032 -10 City of Niagara Falls Community Services Department 4310 Queen Street Niagara Falls, ON L2E 6X5 ATTENTION: Mr. RickNolpini, C.E.T. Development Technologist Dear Sir: RE: Grassy Brook Area Sanitary Sewers Construction Inspection Services 3215 North Service Road, Box 220, Burlington, Ontario L7R 3Y2 Further to your request, we are pleased to offer the following as our proposal for the provision of Construction Inspection Services for the above- mentioned project. Philips Engineering Ltd. takes pride in the provision of quality engineering services, both in design and construction administration services. In order to ensure the work is carried out in accordance with the approved contract drawings, it is necessary to provide construction administration staff that are experienced in the type of work proposed, and are capable of ensuring that the work is carried out in a proper manner. The proposed staff for this project is as follows: Project Manager Robert R. McLaughlin, P. Eng. As Project Manager, Bob will be responsible to the City for all aspects of the project, and will oversee the assigned staff to ensure that the project is managed to the satisfaction of the City of Niagara Falls. Hourly Billing Rate: $150.00 Project Engineer David Sinke, P. Eng. As Project Engineer, David will be responsible for the contract administration, liaison with the City and the Contractor, and general direction of the project. As Project Engineer, for the detail design portion of the assignment, David is very familiar with all of the details of the project. His many years of experience in the Municipal Engineering field bring to the project the knowledge and expertise required to ensure a quality service. David will attend all site meetings, process payments in a timely manner and ensure full co- ordination of the project on behalf of the City. Hourly Billing Rate: $109.00 Project Field Inspector Kevin Kading, C.E.T. The Field Inspector for this assignment is proposed to be Kevin Kading, C.E.T. Kevin is one of our most experienced field supervisors and is very experienced in all aspects of construction. As Project Supervisor for the Roberts Street project, Kevin became very familiar with the City of Niagara Falls area. As well, he has a good working relationship with several of the City staff. Based on Integrity Built with De Holy atca Billing Rate: $75.00 Tel: 905.335.2353 Fax: 905.335.1414 admin@philipseng.com www.philipseng.com Philips Engineering Ltd. City of Niagara Falls October 4, 2006 Page 2 The following is proposed as our estimate of fees to provide Construction Inspection for the project. The daily rate is calculated as follows: Project Manager Project Administrator (Engineer) Site Inspector Say $1,000.00/Day It is estimated that the total working days required to install the sanitary sewers for the Grassy Brook Area will be approximately 145. With a project of this size, it is assumed that the Contractor, in all likelihood, have one crew installing pipe in excess of 8 m deep, while another crew would work on installations less than 8 m. It is estimated that the crew installing pipe in excess of 8 m would require approximately 100 working days. Based on this estimate, our fee to provide inspection services for this contract would be approximately $100,000.00. This accounts for some overlap between the watermain contract and the sanitary sewer contract for project start-up and clean -up. We trust this meets with your approval. Should there be any questions or comments, please do not hesitate to contact the undersigned. Yours very truly, PHILIPS ENG 1 1 G LTD. Per: Robert R. McLaughlin, P. Eng. RRM/ad g:\ work11060321cot \Iet\city- oct.12,06.doc 1 day /month; 7.5 x 150/21 avg.) 1 day /week; $109.00 x 7.5/5 10 hours/day; $75.00 x 10 Subtotal Disbursements TOTAL DAILY RATE $53.60 163.50 750.00 $967.10 50.00 $1,01710 The City of Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: munwks @niagarafalls.ca October 30, 2006 Re: MW- 2006 -129 Tender #T -12 -2006 Section 3 High Pressure Combination Sewer Cleaner MW- 2006 -129 Ed Dujlovic, P. Eng. Director It is recommended that the tender for the purchase of a Vac -Con High Pressure Combination Sewer Cleaner be awarded to Novajet Inc., Markham, Ontario at a total cost of $343,470.60 including taxes. Tenders for New Equipment were opened by the Tender Opening Committee on September 20, 2006. After a complete review of the specifications submitted by two (2) bidders, Joe Johnson Equipment and Novajet Inc., it was found that the lowest bidder, Joe Johnson Equipment, did not meet the specifications as outlined in the tender, therefore it is recommended that the tender from Novajet Inc. be accepted. This new high pressure unit will be replacing our old 1994 unit which has served us well, but over the years, has gotten fatigued. Sufficient funds for the purchase of this High Pressure Sewer Machine are included in the 2006 New Equipment Budget. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Laws October 30, 2006 Council's approval of the recommendation in this report would be appreciated. Pre s /gkf orocco, Recommended by: Operations Superintendent Ed Dujlovic, P.Eng., Director of Municipal Works 2 Respectfully submitted: 1 John MacDonald, Chief Administrative Officer MW-2006-129 Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -133 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: eduj lovi @city.niagarafalls.on.ca October 30, 2006 Re: MW- 2006 -133 City Facilities Energy Conservation Feasability Study That Council authorizes Ainsworth Inc. To proceed with preparation of the Energy Conservation Feasibility Report for the quoted cost of $12,000. The cost of the Feasability Study should Council decided to proceed to implementation of the Energy Conservation project will be funded through the annual energy savings. Ainsworth Inc. approached staff with the proposal to conduct a no -cost Energy Audit of City Facilities. Ainsworth Inc. investigated the possibility of implementing projects in city facilities that would upgrade older equipment and provide payback energy conservation. These projects and equipment upgrades would pay for themselves from the annual energy savings. City staffhas met with Ainsworth Inc. staff to review the Proposal for Energy Conservation Services prepared by Ainsworth Inc. The preliminary report looks favourable with the simple payback of 6.5 years. Ainsworth will guarantee that the annual energy savings from the projects will pay for the project in a total of 6.5 years. Should we not realize the estimated annual savings then Ainsworth will write a cheque to the City for the difference. Should Council decide not to proceed with the project once the Feasability Study is completed than the City will have to pay Ainsworth $12,000 for the work completed. If the City proceeds with the project than all costs will be included in the Simple Payback for the project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 30, 2006 2 MW- 2006 -133 Originally Ainswoth Inc. included Stamford /Jack Bell Arena in the report. This Facility has been removed from the project because the preliminary report did not look favourably for this facility. Also, Ainsworth has been asked to investigate the possibility of conducting an Energy Audit on the Niagara Transit Building. Ainswroth Inc. has been notified that the Library project would be subject to Library Board approval. Attached is a copy of the Ainsworth Executive Summary for the Energy Services Proposal. Prepared by: Tom Mussari 6 Manager of Building Services/ Operations Coordinator Approved IT u Ed Dujlovic Director of Municipal Works Respectfully submitted: S:\REPORTS\2006 Reports\MW- 2006 -133 City Facilities Energy Conservation Study.wpd John MacDonald Chief Administrative Officer Facility City Hall Project Cost $171,565 Savings $29,289 Simple Payback (in years) 5.9 Service Centre $54,243 $8,359 6.5 Library $51,145 $8,903 5.7 Jack Bell/ Stamford Arena Chippawa Arena $66,100 $15,092 4.4 Feasibility Study $12,000 Engineering $16,000 Project Management $20,000 Expenses $3,800 Training Awareness $4,500 Total: $399,353 $61,643 6.5 Niagaiia j, 1 Executive Summary Ainsworth Inc. has been invited by the City of Niagara Falls to conduct a preliminary energy audit in order to determine the potential for a performance -based energy conservation project. The City has been provided with an in -depth analysis of five (5) city facilities and provided this information in a formal proposal. However, since the future of the Jack Bell/ Stamford Arena is in question at this time, the City has requested that Ainsworth provide a revised Executive Summary based on the following buildings: City Hall, Service Centre, Library and Chippawa Arena. A preliminary walkthrough and detailed assessment has been carried out at these sites in order to evaluate a potential project. Our analysis has concluded that there is the potential for significant energy and operational savings for the City of Niagara Falls. A detailed breakdown of the cost and savings are included in the Section 2 of this report. Table 1.1 (below) outlines the anticipated project costs, savings and simple payback (in years) for each building. Table 1.1: elINISWOR111 1 Table 1.2: Ainsworth will provide the City of Niagara Falls with a savings guarantee for the guarantee period (a total of 92.3 months). Ainsworth will monitor the utility bills on a monthly basis to ensure that savings are being realized. If the savings Ainsworth has projected are not realized, then we will write the City of Niagara Falls a cheque for the difference. Any excess savings remain with the City and can be used to pay down the guarantee. The City has expressed interest in incorporating the Transit building into the energy conservation project. Once approval has been received from the City for the project to proceed, Ainsworth can include the evaluation of the Transit building into the feasibility study. Ainsworth will also assure the City of Niagara Falls that the simple payback (as outlined above) will remain at 6.5 years. There are various incentives and grants available from both NRCan and Enbridge for municipal customers who implement energy conservation projects of this nature. The table below provides an estimation of the incentives and grants that are available to the City of Niagara Falls for the four (4) buildings. Incentives and Grants Source Formula Enbridge NRCan ERA (3) Enbrid e up to $0.01 m for feasibility study $7.50 /GJ $0.05 m Total Amounts 2,564 27,716 3,026 33,307 1 Incentives and Grants are based on current funding formulas Ainsworth will work closely with the City and apply on the City's behalf for all applicable NRCan and Enbridge grants and rebates of up to $33,307. Not only will this project provide significant energy and operational savings but it will also permit the City to take advantage of substantial infrastructure renewal within their facilities all without tapping into existing capital budgets. If the City of Niagara Falls is considering implementing more capital- intensive measures in the future, it may make fiscal sense for them to consider incorporating these measures into this energy project. 2 Many capital intensive measures have little or no payback attached to them. However, since the payback period for the overall energy project is very attractive, this offsets the cost of any additional capital intensive measures. Ultimately, it permits you to implement the entire energy conservation, plus add additional measures, all within the same payback period. Through the implementation of this Proposal, The City of Niagara Falls will reduce overall operating costs, realize significant infrastructure upgrades, and create positive cash flow. Other benefits include: improving the work environment for city staff and modernization of critical equipment. There are a number of energy conservation measures being proposed for The City of Niagara Falls. Details of the energy conservation measures being proposed are provided in section 5 of the proposal. The measures proposed include: Lighting upgrades Building automation Heat recovery Chiller plant optimization High efficiency boilers Next Steps The first step in proceeding with this project will be to register as an Energy Innovator with NRCan. Ainsworth will assist the City of Niagara Falls with this registration along with all other documents required for grants. Since the process of obtaining federal grant money can be lengthy, it is important that this registration is completed as soon as possible. The next step for the City of Niagara Falls would be to issue a Request for Proposals (RFP) for Energy Performance Contracting Services which should include auditing analysis, design, engineering, construction, commissioning, staff training, maintenance, monitoring and procuring the financial resources needed to implement the project. Nia i a q 2 Financial 3.1 Project Summary The following financial summaries outline the Project Cost and Utility Cost Savings that will result from implementation of the energy conservation measures we are proposing for the City of Niagara Falls. Summary of Total Project Cost Facility Project Simple Cost Savings Payback City Hall 171,565 29,289 5.9 Service Centre 54,243 8,359 6.5 Library 51,145 8,903 5.7 Jack Bell/ Stamford Arena Chippawa Arena 66,100 1 5,092 4.4 Feasibility Study 12,000 Engineering 16,000 Project Management 20,000 Expenses 3,800 Training and Awareness 4,500 Totals: 399,353 61,643 6.5 43.0% 13.6% 12.8% 0.0% 16.6% 3.0% 4.0% 5.0% 1.0% 100 Project cost includes PST but excludes GST Savings excludes GST 4 Naarai Municipal energy conservation projects currently qualify for grants from both NRCan and Enbridge Gas. Details of these programs are included in Section 7 (Appendix). Ainsworth will assist the City of Niagara Falls with all of the required applications for all applicable grants. The following table provides an estimate of the incentives and grants that are available to the City. Incentives and Grants Source Formula Enbridge NRCan ERA (3) Enbrid• e up to $0.01 m for feasibility study $7.50/GJ $0.05 m Total Amounts 2,564 27,716 3,026 33,307 1 Incentives and Grants are based on current funding formulas Project Balance at Commencement Date Construction Period Interest Bank set up fee Incentives and Grants Project Balance to be financed Contract Finance Rate Term (months) Monthly Payment Annual Payment Annual Monitoring and Verification 2 Annual Savings Guaranty Net Cash Flow 399,353 5,990 2,500 (33,307) 374,536 5.18% 92.3 ($4,929) ($59,143) ($2,500) 61,643 $0 'The City will incur an annual Monitoring and Verification fee starting at the commencement date, this is the cost related to the analysis and reporting of the annual savings 2 Finance rate is as proposed by Scotia Bank as of August 31, see letter in Appendix Equipment Average Life Expectancy Unit Building Automation Systems 15 years Variable Frequency drives 12 years Boilers 20 years Chillers 22 years Pumps 20 years Heat Exchangers 24 years Fans 25 years T- 8 Lamps 20,000 hours Electronic Ballasts 50,000 hours Weather stripping 5 years Nia a t,7tIs 3.2 Financial Considerations The City of Niagara Falls has the option of purchasing this project using reserve funds or financing it through a third -party such as a bank or another lending institution. Selecting the financing option will mean that the City of Niagara Falls can proceed with the energy conservation project with no impact to their capital budget (see the Appendix in Section 7 for more information). In either case, this project can provide the City with positive cash flow since the savings being generated will be greater than either the depreciation of the assets or the lease cost. An important consideration in evaluating an energy conservation project is the life expectancy of the measures being implemented. For example, a lighting retrofit has a shorter life span than a boiler replacement. As such, any cash flow analysis should take into consideration the life expectancy of the installed systems. The following table provides the ASHRAE (American Society of Heating Refrigerating and Air Conditioning Engineers) life expectancy of typical energy conservation measures. is a r 'Is catar.a 3.3 Funding Ainsworth has approached Scotia Bank to provide some preliminary options for financing of this project. A detailed letter outlining funding the cost of the program can be found in the Appendix in Section 7. Since Scotia Bank can finance the cost of the entire project on behalf of the municipality, the City of Niagara Falls will be able to pay off the cost of the total project with the energy and operational:savings that result from the improvements- with no impact to their capital budget in any way (revenue neutral). Most importantly, Ainsworth guarantees the energy and operational savings. The annual savings are reconciled at the end of each calendar year for the length of the payback period. If the savings we have guaranteed to you are not achieved, we write you a cheque for the difference. eitenworaff 7 Niagara Falls The City of Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department FS- 2006 -10 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 October 30, 2006 Re: FS- 2006 -10 Resuscitation Outcomes Consortium (R.O.C.) Study Patrick Burke Fire Chief 1. That the Mayor and Clerk be authorized to enter into an agreement to allow Niagara Falls Fire Services to participate in the R.O.C. Study, subject to the approval of Legal Services; and 2. That Council authorize the sale of the existing defibrillation units (6); and 3. That the proceeds of the sale of existing equipment be used to offset the service agreement cost. The Cities of Thorold, St. Catharines, Welland and Niagara Falls have been requested by a consortium of medical agencies across North America to participate in a North America Wide study on the effectiveness of Cardio Pulmonary Resuscitation (CPR) in patient care. This study is being conducted by the Washington Clinical Trial Center as well as Philips Medical Systems/Laerdal Medical to evaluate the effectiveness of CPR using a new type of defibrillator which gives the rescuer live feedback on the effectiveness of their skills. This feedback allows the rescuer to make changes in their technique to increase their performance and in turn, increase the patient's chance of survival. The data collected from the study will be used to evaluate how CPR is done and make necessary changes to increase a patient's chance of survival. In order to collect the data required in the study, the consortium will provide new defribrillators to replace existing equipment at no cost to the Municipality.. The cost of the study units and associated equipment is approximately $17,000 per unit. After the study is complete in approximately three (3) years, the equipment will remain the property of the municipality. Existing equipment owned by the municipality must be taken out of service immediately, and either sold or given away within four (4) months of the commencement of..the. study order to reduce -the- possibility of contaminating the study data. The proceeds of the sale will be retained by the selling Municipality. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 30, 2006 2 FS- 2006 -10 FINANCING: Staff has determined that there will be minimal budgetary impact. A three -year service agreement will be required to be purchased, at a cost of approximately $350 per unit per year. We do not currently have a service agreement; however, yearly maintenance costs of the current units are approximately $150 per unit per year, and can be higher depending on the type of repair required. This service agreement cost can be offset by the proceeds of the sale of the existing units. The value of the existing units has not been determined at this time; however, they are three (3) years old and are estimated to be at their highest resale level. The required training for these units can be accomplished by integrating it into the existing training program, at no additional cost. Discussions with the full -time Fire Fighters Association have taken place and they are in agreement to participate in the study. Prepared by Colin Ruddell Assistant Chief ended by: Patrick Burke Fire Chief l a s Respectfully submitted: John MacDonald Chief John Chief Administrative Officer A by -law to authorize the execution of an Offer to Purchase from Arduino Pizzicarola respecting the purchase of lands, being Part Lot 1 Plan 264 Village of Chippawa; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Offer to Purchase dated March 24, 2006 from Arduino Pizzicarola to The Corporation of the City of Niagara Falls for lands designated as Part Lot 1 Plan 264 Village of Chippawa; in the City of Niagara Falls, in the Regional Municipality of Niagara being Parts 1, 3 and 4 on Reference Plan 59R- 12941; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Offer to Purchase attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Offer to Purchase and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirtieth day of October, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 30, 2006. October 30, 2006. October 30, 2006. CITY OF NIAGARA FALLS By -law No. 2006 mArm Ardu•iho Pizzicarola PURCHASE PRICE: SIX THOUSAND AGREEMENT OF PURCHASE AND SALE (FOR USE IN THE PROVINCE OF ONTARIO) full legal nom' of al Buyers) saLER The Cor)?c?ration of the City of Niagara REAL PROPERTY: full regal names of at Se' Address Vacant-Land Willoughby •Drive fronting on the 'West ..side of Wiloughby Drive in de City of Niagara Falls, in the Regional Municipality of Niagara and having a frontage of. 20 feet irregu more or less by a depth of ».X.44 »f Part Lot 1, Plan 264, City of Niagara alas, Reg M i ooall described as Niagara Segel desa con of fond inducting .asemenis not described etsswherei DEPOSIT: Buyer submits( already paid SIX HUNDRED Falls the following 2. EICTURES EXCLUDED: 3. RENTAL ITEMS: The following equipment is rented and not included in•Ihe Purchase Price. The Buyer agrees to assume the DYE DURHAM Ca INC. FORM 101 APRIL 2002 agrees to purchase from (the "p Dollars (CONS 6 0.00 -00 Dollars (CDN$ 600.00 SCHEDULE(S) attached hereto form(s) port of This Agreement. 1. CHATTELS INCLUDED: tract(s},.if assumable: l by negotiable cheque payable to Citz cf Niagara Falls Ja2read.. other termination of th regiment and to be credited toward the Purchase Price on coin on Buyer agrees to pay the in n c e t s without interest pending completion or t� oc3 pay the balarhoe as follows: 1. The Purchaser agrees to pay the balance due on closing in cash or by certified cheque subject to the usual closing adjustments. 4. IRREVOCABILITY This Offer shall be irrevocable by tN 7 un ..p.m. on the ay of after which time, if not accepted, ibis Offer shot be null andVoWne deposit a be returned to Buyer in full 'tfwut interest the B fry ,�Q IaE r. S. UU C p O oo I nn NPLETtON DATE: This Agreement shag be completed by no toter than 6:00 ru. o h gd, the I v (Jq 6. NOTic vacant possession of the property shall be given b the Buyer un o Ag e nL °f nt. COiN1C1� h appoints the Issti Broker as Agent ter the of N giving and receiving a ivin notices pursuant an to this hi s A gre the Broker represents interests of a Buyer in tbis hnmrsadi the uyu appgo_ Kfer oker rt. as On if the Co-opera vin and receiving notices pursuant lodge qq��reernent. Any notice relating hereto or proyided for herein s be in wri s of er any count offer, r the c 9 9 thereof or any notice shall be deenre7'ginnen and received, when hand delivered to the'address for service provided in the facsimile number Is provided herein, when transmitted electronically b that facsimile number. below, a FAX No. for.derivery decrees lo Seller) FAX No. i l l k- ..Ihe Purchase 7. GST: $f this ironsaction is subject to Goods and Services Tax G.S.T.), then such tax shall be "R i i °f slavery of none. ch oes b ase Price. e rice If this transaction is not subled b G.S.T., Seller ogrees to certify on or before closing, that Mau the transaction is not subject b G.S.T. 8. TITLE SEARCH: Buyer slowed until 6:00 B shall be 5 days prior to closing examine the title to the property at his p and until the earlier 1Non Xr a siii n.Daa or the t b e� chi the c o n rte to this reed are fulfilled or otherwise waived, r1 five days prior b co days h that are p n w o crk oke rd rs or e s in offedt maybe that its use g n t R Residential Ica Ca 6l M le or defrci«wy that the t pal building may be insured against risk of fire. Seller h consents the agencies sekosing� to Buyer details of ad outstanding work orders affecting the property, and Seller agrees to execute and (Myer th ver s dh further authorizations regard as 9 .FARE USE: and Bu er agree that there is no representation or warranty of any kind that the fuhrro intended use of the B _except as may be specifically provided for in this Agreement. Prof Y 6y uyer is or w be lawful 10. TITLE.: Provided that t►a title to the properly is and free from all reeggistered restr[dions, charges, liens, and encumbrances except as otherwise Really provided in this Agreement and save and except (a( any registered restrictions or covenants that ruin with the land providing that such are oo (b) any MUM mein pd agreements and registered: agreements with publicly regulated utilities providing such have been complied with, or security been posted b oomph and completion, as evade eel by a letter From the relevant municipaliy or regul uglily; (c( any minor easements for the of domestc °ne adlaoent properties and (di any easements for drainag storm arson' ptrb ed'iori to etc or to er «do not maie�ll affect the pr use of the p ro p er y It within the h'r re lerred to m� ova lines any outstanding work order or deficiencynotice or to the fad the said present use may net be continued, or that 8 any vo may be insured against risk of fire is mode in writing to Seller and which Seder is unable or unwilling b remove satisfy s b v e e ca aga ins t risk of in favour of the Bayer and any mortgagee, (with all related ousts at.the expenexpense oof the Saw), �id g wi obtain wwo tta Ag j notwithstanding any Intermediate acts or negotiations in respect of such shad be at an end and all monies vex deduction and Sdkr, fisting Broker and Cooperating Broker shoe not be lia costs or da v� sh be re mad w yst da eeppt for objection b the root of the title,. Buyer shall be condo �y deem damages. Save as b ar or ed to have any valid objection so o moade by y such d daay and 11. CLOSING ex RAN1 Where each of the Seller and Buyer retain a Lawyer to complete the Arrreemment o Sale of the and where she transaction Will be electronic registration pursuant b Pat I of the Land Registration Reform Act, R.S.O. 1990, Chapter 1.4 a Electronic Registration Act, S.O. 1991, Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that the registrable documents and of er )terns (the 'Requisite Deliveries") and the release thereof to the Seller and Buyer will (a not occur at the same time as the r utrolion of the transfer/ deed (and any other documents intended to be registered in connection with the completion of this transaction) and (b) be w ed b conatiora whereby die lawyer(sj receiving any. of the Requisite Deliveries will be required to hold same in bust and not release some bj *gh cuts between the said the form of which is as recommended from time b time by the t S wiNr the leans Unof less s do otherwise agreed to by�tr lawyers, such exchange of Requisite Deliveries will occur in die applicable land Titles Office or such o> location both e WM. tai,. «.r 12. DOCUMENTS AND DISCHARGE: Buyer shall not col for the production of any tide deed, abstrad; survey or other evidence of tide to the property except such as are in the,possO,ssion or control of Seller. II requested by Buyer. Seller will deliver any sketch or surrey of the property within Seller's control to Buyer as soon as and prom to the Requisition Date. If a discharge of any Chorge/Modgage held by a coqxxafion incorporated pursuant to theTwstandtnancompanl Chem:real Bonk: Tryst Company, Credit Union, Caine Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in regisbuble form on completion, Buyer agrees to accept Seller's lawyer's personal undertaking to obtain, out ofthe clown lunch, a discharge in registrable form and to register same on fide within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mods ue statenver4 prepored by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Seller directing payment to the modgagee the amount required to obtain the discharge the balance due on completion. 13. INSPECTION: Buyer acknowledges having had the to inspect the property and understaixk cwt upon acceptance of this Offer there shaft be a binding 14. N t on the prope all other dings being purchased shall beandrernain until completion at die risk of Seller. Pending completion, Seller shatIvold all insurance pollcies 6 any, and the proceeds thereof in trust for the parties as their interests nsay appear and in the event of subskinficri dainage Buyer may either terminate this _Agreement and hove all monies paid returned without interest or deduction or else lake the proceeds of any insurance and compiete the We V 01050(10ble evidence of atauate insurance to protect Sellef'S Of other mortgagee's interest on complelion. No insurance shall be transferred on completion. *Seller is taking back a Charge/MOrtgage, or Buyer is assuming crCharge/Mortgage, Buyer shaft supply. 15. MAIMING ACT: This Agreement s be effective to create an interest in the property only if Seller conipftes v.* the subdivision control provisions of the Planning Ad by oomplefion and Sella- covenants to proceed dilih at Iris expense to obtain any necessary consent by complefion. 16. DOCUMENT PREPARATION: The Turni /Deed AA save for the land Transfer Tcoc Affidavit, be prepared in registrable form at the acpense of Seller, and any CIarge/Modnaae to be given bock by the Buyer to Seller at the expense of the Buyer. If requested by Buyer Seller covenants that the T /Deed to be delivered contain the statemenb contemplated by Section 501221 of the Planning Ad, R.S.O. 199 17. R BuYes-shai be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay ici the Minister of Natiorial Revenue to softly s hability in respect of tax payable by Seller under the non-ru-i- cy provbions of the Income Tax Ad by reason of this sale. Buyer shall not claim such credit i delivers on completion the prescribed cerfitiode or a statutory --4.- ami that Seller Is not then a nonresident of Canadco 18. ADJUSTMENTS: rents, mortgage interest, realty taxes including local improvement rates and unmetered ptibfic or private ulna; diarges and unmetered cost of filet as applicable sKa be apportioned and allowed to the day of completion, the day of complefion itself to be apportioned to 19- IIME LWUTS: rune shalt in ,all respects be of die essence hereof provided that the lime for doing or completing of any motierprovkled for herein may be extended or abridged by aii agreement in writing signed by Seller and Buyer or by their respedive lawyers who may be specibcabyouutorlzed in that regard. 20. TENDER: Anyte nder of documenb or money hereunder may be made upon Seller or uyerorthefrrespeclhe krers on the day set for completion. Money may be tenderedby bank drah or cheque certified by a Chartered Bank, Trust C.omparty, Province of Ontario Savings Ottioe.C,edit Union or Caisse Populaite. 21. FAMIrr LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of ibe Family low Ad, R.S.O. 1990 unless Seller's spouse has executed the consent hereinafter provided. 22. UM: Seller represents and warmth to Biryer that during the time Seller has owned the prop,Seller has not caused any budefing on the property to be Insulated with insulation formakose contain' and that to the best of Seller's knowledge no ssig on the property contains or has ever contained insulation that contains wea This sholl survive and not-merge on the complefion of this transaction, and i the building is pad of a multiple unit builcling, this shaft only to that part of e buikling which h the subled of this transacOon 23. I C I OVIMER REPO The Buyer Is hereby notified that a teamster report containing as& and/er personal information be referred to in connection with this transaction. 24. AGENCY: It is understood that the brokers involved in the transaction represent the patsies as set out in the Co/Amason of Representation below. 25. AGREEMENT IN WRMNG: If there is conflict or discrepancy between any provision added to this Agreement (including any Schedule °limited hereto) and any provision in the standard preset portion hereof, the added provision shall supersede doe standard pre-set provision to the extent of such conflict or cliscrepancy. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, ooHaterol agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be react with all changes of gender or numberrequired by the context. 26. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terns herein. DATED at Fort Erie Ont. ibis c2 i ma ay o r March r 2006 SIGNED, SEALED AND DEUVERED in esence of: IN WIINESlt SA have hereunto my and seal: 7 DATE /1 /4/1 ky {Witness) Iri..4 OVI 1544 1Ssils4 Aidreis tor Service i z 2 icarora iseoll 4 0 DATE {Witneal Purer) (Seal) 1, the Undersigned Seller, agree to tfe above Offer. I hereby irrevocably instruct my lawyer to pay directly to the tisrutg Broker the unpaid balance Of the commission together wlih applicable Goods and Services Tax (and any other taxes as may hereafter be applicable), from the proceeds of the sale prior to any payment to the undersigned on completion, as advised by the listing Broker to my lawyer. DATED at this day of SIGNED, SEALED AND DEUYERED in the presence of IN WITNESS whereof 1 have hereunto set my hand and seal: bead 1Withes4 tWiness) ISA4 (Sean SPOUSAL CONSENT: The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to the provisions of the Family law Ad, R.S.O.1990, and hereby agrees with the Buyer that.he/she will .execule all necessary or incidental documents to give MI force and to the sole evidenced herein. DATE Whim) (Spouse) Peoll CONFIRMATION OF EXECUTION: Notwidutanding anything contained herein to the contrary; I conrtrat this Agreenieriwah all civanges both typed and written was Indy executed by CONFIRMATION OF REPRESENTATION I herebY acknowledge and confinn the tieing Broker represents• the interesb of the I hereby acknowledge and cram Cooperaling Broker represents the interests of the .in this konsacrron. this transoction. (Seiler/Seler and itw Soya) Signooniroilis Bro6r or authorized roporseniothre Signaler. of Cooperaang Broker or authorized repteseniathro Nome of ilsBng Broker NOM of Cooperobng broker 1 —.1 -1-.. 4. Tel. t4o. FAX No. t acknowledge receipt of my signed of this accepted Aereecitent of Purchase and Sale and I authorize the Aged to a copy fa my lawyer. Sass's lawyer Address -4 Tek No. FAX No. DATE DATE Tek• 14�.( 1 4 Tel No. .0.actiowustimmuir PiTati Iseihrismrs4 DATE DATE —1 -1 FAX No. acknowledge receipt of my signed copy of thiieccepted Agreement of Purchase end Sole and I authorize dim Agent b fonvard a coptto my lawyer. DATE DATE Pwed Address for Sera.= MX No. FOR OFFICE USE OW COtAMISSION TRUST AGREEMENT Toe Cooperarong Broker shown on the foregoing Agreement of Purchase and Sale: In consideration for *re Broker procuring the foregoing Agreement of Purchase and Sole, I heieby dedare that di Tolley: received or receivable by me in connection vallw the Transaction as in the MIS Rules and -mn of oily Real Estate Board shall be receivable and held in trust.This agreement shall oxisfitide a Commission Trust Agreement as definer! in the MIS Rules and shall be subject to and governed by the MIS Rules pertaining to Cornetts:ion Trust. DATED en of the dote and fune of the acceptance of the foregoing Agreement of Purchase and Sole. Adcnowledged by:. Sgoo tisrwn Broker or ourlorized ieP. Signature el Cooperofing eerier or authorized ;Onset...Ave CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Subdivision Agreement dated the 14 day of August, 2006 and made between River Realty Development (1976) Inc. and The Corporation of the City ofNiagara Falls with respect to the lands comprised of Part of Township Lots 150 and 155, in the City ofNiagara Falls, in the Regional Municipality of Niagara subject to the terms and conditions as described in the Subdivision Agreement, an excerpt of the first page attached as Appendix "1" and shown on the proposed Plan of Subdivision attached as Appendix "2" and providing for the payment by the Subdivider of Municipal Works Items as described in Schedule "C a copy of which Schedule is attached as Appendix "3" and further providing for the costs of development charges as described in Schedule "F" attached as Appendix "4" is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Subdivision and all required road widenings, easements and park lands described in Schedules "G" and "H copies of which Schedules are attached as Appendices "5" and "6" are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Subdivision Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Subdivision Agreement and to permit registration of the proposed Plan of Development, and the Clerk is hereby authorized to ax the corporate seal thereto and to deliver the said Subdivision Agreement, grants of easements, conveyances and other agreements and documents. Passed this thirtieth day of October, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 30, 2006. October 30, 2006. October 30, 2006. THIS AGREEMENT made this 14 day of August, 2006 BETWEEN: to enter into this agreement; RIVER REALTY DEVELOPMENT (1976) INC. Hereinafter called the "Subdivider -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Schedule page 5 of the FIRST PART; Hereinafter called the "City of the SECOND PART; WHEREAS the Subdivider has applied to The Corporation of the City of Niagara Falls pursuant to section 51 of the Planning Act, R.S.O. 1990, for approval of a plan of subdivision (hereinafter called "the Plan") attached hereto as Schedule "A" and entitled DEERFIELD ESTATES SUBDIVISION, being lands comprising Part of Township Lots 150 and 155 formerly in the Township of Stamford, and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands AND WHEREAS in accordance with the conditions imposed by the City, the Subdivider is required NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the said plan of subdivision, after compliance with all the requirements hereinafter set forth, of the roads and streets laid out as public highways on the said plan of subdivision and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows: This is not a Plan of Survey Kt GIS_ Requests120061Schedules lSubdivisions1Deerfield Estateslm_plan .map Schedule A Deerfield Estates Subdivision Schedule Page Scale 1:1,125 September 2006 Oar A w 0 us C. co 0. CIi g S o Q w o 0- n C y g E g. O w P Oq 4 69 00 vN O A Co tri CD 0 CD p) OD a CD a Y o .1 Cr CD O 6 69 J ON O N 0 Vi VI O 69 69 69 O LA 0 N u, lh r-■ 00 0T 0 0 CA 69 63 68 CA 0 Ls) 0 00 w rn 0 CA o a a 69 69 ts4 1•4 tie La N J O V1 0 0 CD 0 Ca O O g P Cr CA y O 0 a. Al 00 CD 0 r CD 69 69 W 6: 00 rn a ON N Vii 0 r•-. 0 s. cis mot. C A N l(9. CD CD CD 0 z 0 4 CD CD CA 0 69 69 -3 ON N W V 0 N N J 69 N J 0 0 w w 68 N N N CA 4- J O V 8 0 V' 0 0 0 0 69 69 64 r+ r.. W r t CO w -.3 ,,ON L.1 O v► U N W 0 0 69 00 O CD CD CD 0 0 A CD CD CD y y CD C w CA 4f CD v to r to CD 0 Q et CD 0. 'b r o yn�N 3 N 0. $h m y a. Cq cr. CD S` W m a) n to o W Q� a0 m 0 aa) c 0 03 •N Co Q. co N O Q Q X 0 v m N n�) et N o to tn cc a n N CD R Vj O z cva N CP, N O O O 69 00 IJ 0 O 69 N O 0 O 69 N 0 0 0 P 0 0 gt CD CD 49 0 to 00 00 N N N N W 69 00 69 CO O 69 00 O Zc)o O r. 0 N o C? N C Z CD O 0 o O 3 sv 0 ro ca 0 ro o N N cn m o ch 0 y Q O at 0 Q. n 40. 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V Gs c Q E c N tri N W o N C� Z as to a n 0) (00 a 0 69 o v') 00 Csi vi 669 69 00 0 VI 64 69 0 O0 N VI 1 64 64 0 N 69 0 0 69 O 6g 0 M M 69 N cis N 6 6 6 69 N N O N v M VD tr) 69 69 69 3 .11 k .-t 0 00 O N o N 'O M O; 69 64 69 0 0 0 0 69 O 0 0 O 69 M 0 N to r a ev R N 0 n. m ea ocn< E i (i) ca w en 0 ID 17 a 0 d +i-+ co W c -a 0 3 a 4m 0 CI 4) Cw 0 N d ea E eu a- cs2 1 -E ov N Ei N 0( VI0 r a A o� o� N M N N N CV Cash in Lieu of Parkland Dedication: Schedule "G" Deerfield Estates Subdivision Schedule Page The parkland dedication requirements of the subdivider under the Planning Act are addressed partially through land dedications and the payment of cash -in -lieu of parkland dedication. This land and payment represents the subdivider's responsibility for this subdivision as well as their additional land holdings abutting to the north (future residential plan). Land Dedication Block 278 and Block 279 Cash -In -Lieu of Parkland Dedication 3.88 acres at $100,000.00 per acre $388,000.00 5:11. Subdivisions1200S- 338 Deerfield Estates\Schedule G.wpd Easements and Lands to be Deeded to the City of Niagara Falls: 1. Easements To be granted to the City within the lands of the subdivision. a) For rearyard catchbasins and leads 3.0 in wide for full length centered on either side of lot line between: i) Lots 2 3 xvi) Lots 81 82 xxx) Lots 140 141 ii) Lots 5 6 xvii) Lots 86 87 xxxi) Lots 143 144 iii) Lots 12 13 xviii) Lots 88 89 xxxii) Lots 149 150 iv) Lots 14 15 xvix) Lots 91 92 xxxiii) Lots 179 180 v) Lots 15 16 xx) Lots 97 98 xxxiv) Lots 182 183 vi) Lots 18 19 xxi) Lots 100 101 xxxv) Lots 195 196 vii) Lots 31 32 xxii) Lots 103 104 xxxvi) Lots 206 207 viii) Lots 34 35 xxiii) Lots 106 107 x cxvii) Lots 209 210 ix) Lots 37 38 xxiv) Lots 110 111 xxxviii) Lots 218 219 x) Lots 40 41 xxv) Lots 119 120 xxxix) Lots 221 222 xi) Lots 57 58 xxvi) Lots 121 122 xl) Lots 224 225 xii) Lots 61 62 xxvii) Lots 125 126 xli) Lots 245 246 xiii) Lots 65 66 xxviii) Lots 130 131 xlii) Lots 248 249 xiv) Lots 76 77 xxix) Lots 137 138 xliii) Lots 263 264 xv) Lots 78 79 b) For rearyard catchbasins and leads 3.0 m wide adjacent to rear lot line: i) Lot 26 ii) Lot 27 iii) Lot 83 iv) Lot 84 v) Lot 115 vi) Lot 116 c) For rearyard catchbasin and leads 3.0 m wide by 3.0 m long in rearyard: i) Lot 9 ii) Lot 177 Schedule "H" Deerfield Estates Subdivision d) For rearyard catchbasin and leads irregular shape along between: i) Lots 197 198 ii) Lots 214 215 vii) Lot 128 viii) Lot 133 ix) Lot 134 x) Lot 189 xi) Lot 228 xii) Lot 229 2. Blocks To be granted to the City within the lands of the subdivision. a) Block 281 Kalar Road 3.0 m widening b) Block 282 Kalar Road 0.30 m reserve c) Block 283 Kalar Road 0.30 m reserve d) Block 284 Milo/nix Street 0.30 m reserve e) Block 285 Glavcic Drive 0.30 m reserve f) Block 286 Forestview Boulevard 0.30 m reserve g) Block 287 Kelsey Crescent 0.30 m reserve h) Block 288 Parkside Road 0.30 m reserve i) Block 278 Block 279 Parkland j) Block 277 Woodlot xiii) Lot 230 xiv) Lot 236 xv) Lot 237 xvi) Lot 253 xvii) Lot 254 Blocks To be purchased by the City external to the lands of the subdivision. Schedule Page a) For future Parkside Road road allowance traversing the Ontario Hydro Corridor being Part 1 59R- 13157 S I. Subdivisions12005 -338 Darfic d Estateacheduk H.wpd Passed this thirtieth day of October, 2006. First Reading: Second Reading: Third Reading: October 30, 2006. October 30, 2006. October 30, 2006. CITY OF NIAGARA FALLS By -law No. 2006 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. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "Di" and Schedule "D1" attached hereto shall be inserted in lieu thereof. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE "Di" FACTORY ONE OUTLET MALL 1. Parking By -law Enforcement Officers on private property: Andy Atuahene Geoff Bassett Steve Bourassa Richard Budd Shirley Clair Charles Coffman Sarah Convery Richard Cooper Nick Galotta Eli Hoffmann Terry Loiselle David McLaughlin Travis Willick CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Transfer /Deed from Ascot Woods Ltd. to The Corporation of the City ofNiagara Falls respecting the conveyance of lands, being Part 6 on Reference Plan 59R- 7160 and Part Block A Plan M -78; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Transfer /Deed from Ascot Woods Ltd. to The Corporation of the City of Niagara Falls for Parcel A -1 Section M -78; Part Block A Plan M -78 being Part 6 on Reference Plan 59R -7160 and Parcel A -1 Section M -78; Part Block A Plan M -78 Niagara Falls except Parts 4, 5 and 6 on Reference Plan 59R -7160; all in the City of Niagara Falls, in the Regional Municipality of Niagara designated, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirtieth day of October, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 30, 2006. October 30, 2006. October 30, 2006. CITY OF NIAGARA FALLS By -law No 2006 Being a by -law to establish a Compliance Audit Committee, as per the Municipal Elections Act, 1996, as amended. WHEREAS section 81 (3.1) of the Municipal Elections Act, 1996, as amended, states that a council or local board may, before voting day in an election, establish a committee and delegate its powers and functions under subsection (3) alone or under subsections (3), (4), (7), (10) and (11) with respect to applications received under subsection (2) and the council or local board, as the case may be, shall pay all costs in relation to the operation and activities of the committee. AND WHEREAS full delegation of council's power. under 81 (3.1) of the Municipal Elections Act, 1996, as amended, would include, but is not limited to the followings whether to accept or reject a compliance audit request. the appointment of the auditor to conduct the compliance audit. whther to commence legal proceedings for apparent contraventions. whether to recover costs if no contravention has occurred. AND WHEREAS as per the approval of report CD- 2006 -15, Niagara Falls City Council approved the full delegation of council's power under 81 (3.1) of the Municipal Elections Act, 1996, as amended. AND WHEREAS the terms of reference and membership of the Compliance Audit Committee will be determined at a later date. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That a Compliance Audit Committee, with full delegation of the permitted authority, be established under the provisions of the Municipal Elections Act, 1996, as amended. 2. That the Compliance Audit Committee's authority shall extend only to applications made with respect to candidate campaign finances related to the 2006 municipal elections. Passed this thirtieth day of October, 2006. DEAN IORFIDA, CITY CLERK R.T: (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 30, 2006. October 30, 2006. October 30, 2006. A by -law to provide for hours of voting on election day and reduced hours of voting in institutions and retirements homes. WHEREAS Section 46(3) of the Municipal Elections Act, S.O. 1996 provides that a municipal council may pass a by -law with respect to reduced voting hours in voting places in retirement homes or those institutions as defined in Section 45(7) of the said Act, where the voting place is only for the use of the residents; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Those voting places as shown in Schedule "A" attached hereto and forming part of this by -law, shall be open between the hours of 10:00 a.m. and 8:00 p.m. 2. Those voting places as shown in Schedule "B" attached hereto, shall be open for reduced hours as also detailed in Schedule `B Passed this thirtieth day of October, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 30, 2006.. October 30, 2006. October 30, 2006. CITY OF NIAGARA FALLS By -law No. 2006 Voting Place #1 Christ Church 4750 Zimmerman Avenue Voting Place #2 St. Patrick's Church Hall 4673 Victoria Avenue Voting Place #3 Buckley Towers 4900 Buckley Avenue Voting Place #4 Eventide Home 5050 Jepson Street VOTING PLACES TO BE Voting Place #5 Niagara Falls Memorial Arena 5145 Centre Street Voting Place #6 Valley Way School 5315 Valley Way Voting Place #7 Father Hennepin School 6032 Churchill Street Voting Place #8 St. Thomas More School 6642 St. Thomas More Drive Voting Place #9 Princess Margaret School 6624 Culp Street Voting Place #10 Battlefield School 6045.. Barker- Street SCHEDULE "A" to By -law Number 2006- 10:00 A OPEN BETWEEN THE HOURS OF .M. AND 8:00stP.M. Voting Place #11 St. Marys Ukranian Catholic Church 6248 Main Street Voting Place #12 Heximer Avenue School 6727 Heximer Avenue Voting Place #13 James.Morden School 7112 Dorchester Road Voting Place #14 St. Andrew's United Church 5645 Morrison Street Voting Place #15 Lundy's Lane United Church 5825 Lowell Avenue Voting Place #16 Optimist Club 4709 Dorchester Road Voting Place #17 Niagara Worship Centre 6846 "Frederica Street Voting Place #18 Queensway Free Methodist Church 4397 Dorchester Road Voting Place #19 First Baptist Church 4519 Pettit Avenue Voting Place #20 St. Paul High School 3 834- Winderrnere Road Voting Place #21 St. Gabriel School Lalemant 6121 Vine Street Voting Place #22 Orchard Park School 3691 Dorchester Road Voting Place #23 St. John's Anglican Church 3428 Portage Road Voting Place #24 Prince Philip School 3112 Dorchester Road Voting Place #25 Victoria Public School 5635 Heritage Drive Voting Place #26 Mountain Park Church 6970 Mountain Road Voting Place #27 Mary Ward School 2999 Dorchester Road Voting Place #28 Club Italia 2525 Montrose Road Voting Place #29 Shriner's Creek Cooperative Homes 7887 Thorold Stone Road Voting Place #30 St. Vincent de Paul School 3900 Kalar Road Voting Place #31 Greendale Public School 5504 Montrose Road Voting Place #32 Cardinal Newman School 5580 Cardinal Newman Way Voting Place #33 St. George Serbian Orthodox Hall 6085'Montrose Road Voting Place #34 MacBain Community Centre 7150 Montrose Road Voting Place #35 Kate S. Durdan Loretto Catholic School 6855 Kalar. Road Votirig Place #36 Fire: Station 2 7036 McLeod Road Voting Place #37 Ecole Notre Dame- de -la- Jeunesse 7374 Wilson Crescent Voting Place #3 8 Chippawa Lion's Club 3970 .Welland Street Voting Place #39 Chippawa Willoughby Memorial Arena 9000 Sodom Road Voting Place #40 Fire Station #5 (Willoughby Fire Hall) 11208 Sodom Road Voting Place #41 Fire Station #6 (Crowland Fire Hall) 8061 Schisler Road SCHEDULE "B" to By -law Number 2006- VOTING PLACES TO BE OPEN BETWEEN THE HOURS OF Voting Place #1 10:00 a.m. to 2:00 p.m. Voting Place #2 3:00 p.m. to 7:00 p.m. Oakwood Park Lodge Cavendish Manor 6747 Oakwood Drive 5781 Dunn Street Voting Place #3 10:00 a.m. to 2:00 p.m. Voting Place #4 3:00 p.m. to 7:00 p.m. Valley Park Lodge Queenston Place 6400 Valley Way 6640 Valley Way Voting Place #5 10:00 a.m. to 2:00 p.m. Voting Place #6 3:00 p.m. to 7 :00 p.m. Greycliff Manor Lundy Manor 8158 Lundy's Lane 7860 Lundy s Lane Voting Place #7 10:00 a.m.. to 2:00 p.m. Voting Place #8 3:00 p.m. to 7:00 p.m. Chippawa Place Willoughby Manor 4118 Main Street 3584 Bridgewater Street Voting Place #9 10:00 a.m. to 2:00 p.m. Voting Place #10 3:00 p.m. to 7:00 p.m. Meadows of Dorchester Bella Senior s Residence 6623 Kalar Road 8720 Willoughby Drive Voting Place #11 10:00 a.m. to 2:00 p.m. Millennium Trail Manor 6861 Oakwood Drive Voting Place #13 10:00 a.m. to 7:00 p.m. Greater Niagara General Hospital Voting Place #12 3:00 p.m. to 7:00 p.m. Fairhaven Seniors Apartments 3568 Montrose Road A by -law to authorize the execution of an Assignment of Agreement of Purchase and Sale between 1473944 Ontario Limited and Peter M. Aleo and Angie Aleo to The Corporation of the City of Niagara Falls, respecting a portion of easement lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Assignment of an Agreement of Purchase and Sale between 1473944 Ontario Limited and Peter M. Aleo and Angie Aleo to The Corporation of the City of Niagara Falls for part of Part Township Lot 138 Stamford being Part 1 on Reference Plan 59R -3171; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Assignment of Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Assignment of the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirtieth day of October, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 30, 2006. October 30, 2006. October 30, 2006. CITY OF NIAGARA FALLS By -law No. 2006 ASSIGNMENT IN CONSIDERATION OF the sum of one dollar ($1.00), the receipt of which is hereby acknowledged, the undersigned assigns to The Corporation of the City of Niagara Falls, all of the undersigned's right, title and interest in and to Part 1, Plan 59R -3171, City of Niagara Falls, Regional Municipality of Niagara, (the "Easement Lands and to the agreement of purchase and sale dated October 16, 2006, made between Peter M. Aleo and Angie Aleo, as vendors, and the undersigned, as purchaser, as it pertains to the Easement Lands, including all deposits, rights of action or other rights accruing to the undersigned, or which might, after the date of this assignment, accrue to the undersigned in respect of the Easement Lands or under the agreement of purchase and sale. DATED at the City of St. Catharines, in the Regional Municipality of Niagara, on October 17, 2006. 1473944 ONTARIO LIMITED Per: Brandon Boone, authorized signing officer (I have authority to bind the corporation.) The undersigned accepts this assignment and assumes the assignor's obligations under the agreement of purchase and sale. Name: Title: Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: (We have authority to bind the corporation.) BUYER: 1473944 Ontario Limited agrees to purchase from [full legal names of Buyer] SELLER: Peter M. Aleo Angie Aleo the following: [full legal names of Seller] REAL PROPERTY: Address: A permanent storm sewer easement in the form attached as schedule "A" (the "Easement over that Part of Township Lot 138, former Township of Stamford, now City of Niagara Falls, Regional Municipality of Niagara, designated as Part 1 on Plan 59R -3171, (the "Easement Lands PURCHASE PRICE: Thirty five thousand Canadian dollars ($Can. $35,000.00). DEPOSIT: The Buyer submits with this agreement one thousand Canadian dollars ($Can. $1,000.00) by cheque, payable to the Seller, to be held in trust pending completion or other termination of this agreement and to be credited towards the Purchase Price on completion. The Buyer agrees to pay the balance as follows: By certified cheque, bank draft or money order to the Seller, or as the Seller may direct, in writing, on completion, subject to the following: Upon completion, the Seller will obtain and register on title to the Easement Lands a postponement of any charge, mortgage, lien or other encumbrance on the Easement Lands to and in favour of the Easement, all at the Seller's sole cost and expense. SCHEDULE(S): None. 1. Chattels Included: None. 2. Fixtures Excluded: None. 3. Rental Items: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume the rental contract(s), if assumable: None. 4. Irrevocabilty: This offer will be irrevocable by the Buyer until 5:00 p.m. on October 17, 2006, after which time, if not accepted, this offer will be null and void and the deposit will be returned to the Buyer in full without interest or deduction. 5. Completion Date: This agreement will be completed by no later than 5:00 p.m. on November 30, 2006. 6. Notices: Any notice relating to this agreement will be in writing. This offer, any counter offer and any notice relating to this agreement will be deemed to have been given and received when hand delivered to the address for service provided in the acknowledgment below or, where a facsimile number is provided, when transmitted electronically to that facsimile number. 7. G.S.T: If this transaction is subject to goods and services tax (G.S.T.), such tax will be in addition to the Purchase Price. If this transaction is not subject to G.S.T., the Seller agrees to certify, on or before completion, that the transaction is not subject to G.S.T. 8. Title Search: The Buyer will be allowed until 5:00 p.m. on November 25, 2006, (requisition date) to examine title to the Easement Lands, at the Buyer's sole cost and expense, and to satisfy the Buyer that there are no outstanding work orders or deficiency notices affecting the Easement Lands and that their present use may be lawfully continued. The Seller consents to the municipality and any other governmental agencies releasing to the Buyer details of all outstanding work orders affecting the Easement Lands and agrees to execute and deliver such further authorizations in this regard as the Buyer may reasonably require. 9. Future Use: The Seller and the Buyer agree that there is no representation or warranty of any kind that any future intended use cif the _Easement Latids by the Buyer is or Will be fatal except as spediffcally provided in this agreement. AGREEMENT OF PURCHASE AND SALE 2 10. Title: Provided that title to the Easement Lands is good and free from all registered restrictions, charges, liens and encumbrances, except as specifically provided in this agreement and save and except for (a) any registered restrictions or covenants that run with title to the Easement Lands, unless such have not been complied with, (b) any registered municipal agreements and registered agreements with publicly regulated utilities, unless such have not been complied with and security has not been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility, (c) any minor easements for the supply of domestic utility or telephone services to the Easement Lands or adjacent properties and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the intended use of the Easement Lands. If, within the time specified in paragraph 8, any valid objection to title, to any outstanding work order or deficiency notice or to the fact that the proposed use of the Easement Lands may not lawfully be continued is made in writing to the Seller and which the Seller is unable or unwilling to remove, remedy or satisfy or obtain title insurance in favour of the Buyer and any mortgagee, at the Seller's sole cost and expense, and which the Buyer will not waive, this agreement, notwithstanding any intermediate acts or negotiations in respect of such objection, will be at an end, all monies paid will be returned without interest or deduction and neither the Seller nor the Buyer will be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, the Buyer will be conclusively deemed to have accepted the Seller's title to the Easement Lands. 11. Closing Arrangements: Where each of the Seller and the Buyer retain a lawyer to complete this agreement and where the transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform Act (Ontario), the Seller and the Buyer acknowledge and agree that the delivery and release of the balance due on completion and any non registrable documents to the Seller and the Buyer may, at the lawyers' discretion, (a) not occur contemporaneously with the registration of the transfer /deed and other registrable documentation and (b) be subject to conditions whereby the lawyer receiving the money and/or the documents will be required to hold them in trust and not release them except in accordance with the terms of a written agreement between the lawyers. The Seller and the Buyer irrevocably instruct their lawyers to be bound by the most recent version of the Document Registration Agreement recommended, from time to time, by the Law Society of Upper Canada and posted on its web site. Unless otherwise agreed, the delivery and release of the balance due on completion and any non registrable documents will occur in the applicable Land Registry Office. 12. Documents and Discharge: The Buyer will not call for the production of any title deed, abstract, survey or other evidence of title to the Easement Lands except as are in the possession or control of the Seller. If requested by the Buyer, the Seller will deliver any sketch or survey of the Easement Lands within the Seller's control to the Buyer as soon as possible and, in any event, prior to the Requisition Date. 13. Inspection: The Buyer acknowledges having had the opportunity to inspect the Easement Lands and understands that upon the Seller's acceptance of this offer there will be a binding agreement of purchase and sale between the Buyer and the Seller. 14. Planning Act: This agreement will be effective to create an interest in the Property only if the Seller complies with the subdivision control provisions of the Planning Act (Ontario) by completion. 15. Document Preparation: The transfer /deed, except for the land transfer tax affidavit, will be prepared in registrable form at the sole cost and expense of the Seller and any charge/mortgage to be given back by the Buyer to the Seller will be prepared in registrable form at the sole cost and expense of the Buyer. If requested by the Buyer, the Seller covenants that the transfer /deed will contain the statements contemplated by section 50(22) of the Planning Act (Ontario). 16. Residency: The Buyer will be credited toward the Purchase Price with the amount, if any, necessary for the Buyer to pay to the Receiver General to satisfy the Buyer's liability in respect of tax payable by the Seller under the non residency provisions of the Income Tax Act (Canada) by reason of this transaction. The Buyer will not claim such credit if the Seller delivers, on or before completion, the prescribed certificate or a statutory declaration that the Seller is not then a non resident of Canada. 17. Time Limits: Time will, in all respects, be of the essence of this agreement, provided that the time for doing or completing any matter provided for in this agreement may be extended or abridged by an agreement in writing signed by the Seller and the Buyer or by their respective lawyers. (Witness) itness) 3 18. Tender: Any tender of documents or money under this agreement may be made upon the Seller or the Buyer or their respective lawyers on the completion date. Money may be tendered by bank draft or cheque certified by a chartered bank, trust company, Province of Ontario Savings Office, credit union or caisse populaire. 19. Family Law Act: The Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act (Ontario) unless the Seller's spouse has executed the consent set out below. 20. Agreement in Writing: If there is conflict or discrepancy between any provision added to this agreement, including any schedule attached, and any provision in the standard pre -set portion of this agreement, the added provision will supersede the standard pre -set provision to the extent of such conflict or discrepancy. This agreement, including any schedule attached, will constitute the entire agreement between the Buyer and the Seller relating to the Property. There is no representation, warranty, collateral agreement or condition which affects this agreement, other than as expressed in this agreement. This agreement will be read with all changes of gender and number required by the context. 2i. Successors and Assigns: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms of this agreement. The parties acknowledge and agree that The Buyer will have the right, at any time following acceptance of this agreement, to assign this agreement to a third party and, upon such assignment and written notice thereof to the Seller or the Seller's lawyer, the Buyer will have no further rights or obligations under this agreement and the Seller will accept the assignee in the place and stead of the Buyer, as if the assignee was the original buyer, in the first instance. DATED at Niagara -on- the -Lake, Ontario, on October 16, 2006. SIGNED, SEALED and DELIVERED in the presence of: We accept this offer. SIGNED, SEALED and DELIVERED in the presence of: IN WITNESS WHEREOF I have set my hand and seal. 1473944 ONTARIO LIMITED Per: Peter M. Aleo (Seller) Name: Domenic DiLalla Title: President (I have authority to bind the corporation.) (Buyer) DATED at Niagara Falls, Ontario, on October //J 2006. IN WITNESS WHEREOF I have set my hand and seal. 4 Buyer's address for service: Seller's address for service: 353 Townline Road Niagara -on -the -Lake, Ontario LOS 1J0 Buyer's facsimile number: 905- 708 -0155 Buyer's lawyer: Brandon M. Boone Daniel Partners LLP 39 Queen Street P.O. Box 24022 St. Catharines, Ontario L2R 3P7 Seller's facsimile number: Seller's lawyer. 4 This is an easement in gross. The Transferor hereby transfers, sells, grants and conveys in perpetuity to the Transferee, its successors, assigns, servants, agents, contractors and workmen, a free and unencumbered easement upon, under, along, over, across and/or through the lands described as Part of Township Lot 138, former Township of Stamford, now City of Niagara Falls, Regional Municipality of Niagara, designated as Part 1 on Plan 59R -3171, hereinafter referred to as the Easement Lands, to enter, lay, construct, install, operate, maintain, inspect, alter, repair or replace any such municipal services or surface drainage works, including all other works as required by the Transferee "the Works") together with all appurtenances, attachments, apparatus, appliances, Markers, fixtures and equipment which the Transferee may deem necessary or convenient thereto for the Works together with a right to enter to the Transferee, its successors, assigns, servants, employees, agents, contractors and workmen for ingress and egress at any time and from time to time over, along and upon the Transferor's lands abutting the Easement Lands on foot and or with vehicles, supplies, machinery and equipment necessary or incidental to the exercise and enjoyment of the easement hereby transferred. The Transferee shall have the right at any time and from time to time to remove any boulder or rock and to sever, fell, remove or control the growth of any roots, trees, stumps, brush or other vegetation on or under the Easement Lands. The Transferor covenants to keep the land clear of all brush, trees and other obstructions save and except for the Works constructed together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment as maybe necessary for the use of the easement. The Transferor shall have the right to use and enjoy the surface of the Easement Lands except that such use and enjoyment shall not interfere with the rights of the Transferee hereunder. Without limiting the generality of the foregoing, the Transferor shall not, without the prior written consent of the Transferee, place, erect or permit the erection on the Easement Lands any building, structure, fence foundation, pavement or other obstruction of any nature whatsoever so as to obstruct, hinder or prevent the exercise and enjoyment by the Transferee of its right hereunder. Should any such obstruction or hindrance be placed upon the Easement Lands the Transferee, in addition to its other rights, may enter and remove same and shall not thereby render itself liable in damages to the Transferor. Notwithstanding any rule of law or equity, the Works constructed by the Transferee together with all appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment shall be deemed to be the property of the Transferee even though the same may have become annexed or affixed to the Easement Lands. The Transferee shall have the absolute and unfettered right to assign or transfer its rights hereunder in whole or in part to another government body or agency or to a utility company and shall not be bound to give notice thereof to any party. The.Transferorshali have the t to- assign. or- transfer its rights hereunder in. whole or-..-in-part upon giving notice to the Transferee and obtaining consent from the Transferee. SCHEDULE "A" The Transferor covenants that: I. subject to the foregoing it has the right to convey this easement and right to enter to the Transferee; ii. the Transferee shall have quiet enjoyment of the rights, easement and right hereby transferred; iii. the Transferee or its successors and assigns will execute such further assurances or this easement and do such other acts (at the Transferee's expense) as maybe reasonably required; and iv. the Transferor has not done, omitted or permitted anything whereby the Easement Lands is or maybe encumbered (except as the records of the Land Registry Office disclose). This transfer shall extend to, be binding upon and enure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto. The Transferor hereby agrees that all provisions herein are reasonable and valid and if any provision herein is determined to be unenforceable, in whole or in part, it shall be severable from all other provisions and shall not affect or impair the validity of all other provisions. A by -law to authorize the execution of an Agreement with 3C North America Corporation, respecting the supply of credit card transaction processing services to the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement made between 3C North America Corporation and The Corporation of the City of Niagara Falls, respecting the supply of credit card transaction processing services to the City, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this thirtieth day of October, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 30, 2006 October 30, 2006 October 30, 2006 CITY OF NIAGARA FALLS By -law No. 2006 item 30 North America Primary Contact details Charges to You One time setup fee Fax No: 917 5914605 $50 per P&D meter. Setup fees are due net fifteen (15) days from the date of the first transaction processed. Monthly Service Fee Email address: $100 minimum per month. Includes the first (2,000) transactions each month. Additional transactions will be charged at a rate of $0.05 per transaction. Customer Support am 9 pm Local time included at no cost 30 North America Corporation 30 North America Primary Contact details Fabien Pesenti, Business Development Manager Telephone No: 708 345 2347 Fax No: 917 5914605 Email address: fabien .pesenti@3cnorthamerica.con Address for the delivery of Our Services (the "Premises Location Trading Name Address Contact name and position Telephone No: Fax No: Email address: The Company Registered Company Name Tax ID number Head Office Contact Details Registered Company name Address Contact name and position: Telephone No: Fax No: Email address: Installation Date (if known at date of Agreement) Minimum Term is the remainder of the month from the Start Date and 23 complete months thereafter. Broadband TCP IP line installed: YES NO Analogue Line installed YES NO 23 Okt 06 19:59 Credit Card types to be accepted: (Delete as applicable) VISA Mastercard AMEX Merchant IDs for all credit card types to be accepted are to be given to 3C using the proper 3C form at least 3 weeks prior to the Start Date. For rush project, additional charges will apply. FEES Order Form and Conditions for 3C North America to supply credit card processing services to You All prices are in Canadian dollars except otherwise noted. Charges showed do not Include any taxes. Any federal, provincial or local taxes will be added to the charges and paid by You. All Charges are subject to review at the end of the Minimum Term and each anniversary of the end of the Minimum Term after that. R1 Page 1 of 6 Initials S. 1 23 Okt OG 19:59 You have read this Agreement and by signing below and initialling each page both You and Us acknowledge that it reflects the entire agreement between the two of us and confirm you are authorized to sign on behalf of You. In a representati for and on beh RI authorized In a representative capacity, duly authorized merica Corporation For and on behalf of You Signature l,`l Signature Name: Micha= B Izer Name: Title: President Tite: Date: October 2e, 2006 Date: Signature Name: Title: Date: Page 2 of 6 Initials S.2 Number of transactions delayed fora 2 days Compensation 0 to 2000 $0.03 per transaction 2001 above $0.02 per transaction 23 Okt 06 19:59 1 What is this Document? 1.1 The order form and the attached conditions document form the basis upon which We will supply the credit card transaction processing services as described in the Service Description (in Annex), to you. The Document is Our Agreement with You. 1.2 The Agreement comes into effect on the day it is signed. The minimum term of the agreement begins on the day of the first live transaction of Delivery of Our Services (the "Start Date 1.3 The Agreement and the provision of the services will run until stopped by either You or Us by written notice given to the other by certified mail, either as provided in paragraph 3 if applicable, or a minimum of 3 complete months notice in writing to take effect on a month end. However, unless paragraph 3 applies, the earliest date on which the Agreement and the Service can end is the end of the Minimum Term. 2 The limit of our responsibilities to you 2.1 Our responsibility is primarily to relay transaction data between You and the relevant card company/Bank in order to facilitate a card transaction and send a settlement file. This is an automated process and therefore is priced on that basis. 2.2 to the event that Your system cannot submit the transactions for a particular day or days such that they must be manually entered onto Our central server for transmission to the credit card company We will charge you an additional US$35 per manually entered transaction. This charge is subject to revision at the end of the Minimum Term and on a yearly basis thereafter. 2.3 We are not responsible for anything outside of our reasonable control. By way of example, We are NOT responsible for verifying a person's identity or the authorization or rejection of any card transaction, the failure of the communication channels, such as broadband TCP -IP or X.25 lines or the failure by Your staff to identify transaction errors_ We therefore cannot assume any responsibility for the un- authorization or unlawful use of any card through the process. 2.4 Our Service is R based and therefore we cannot be held responsible for minor faults or interruptions other than as set out in paragraph 2.7. 2.5 In accordance with the provisions of law, we are responsible to You for all tosses You incur as a result of a death or any personal injury caused by Our negligence in providing Our Services to You. 2.8 We also limit our responsibility to you by the fullest extent possible by Law_ This limitation also applies to any warranty (either expressed or implied) incorporated into this contract. 2.7 The table below detalis the compensation payable by Us to You in the event of a failure by Us to provide Our Service. The compensation payable is based on the number of transactions which the process may be unable to authorize as a direct result of a failure by Us to deliver Our Service. 2.8 This is subject to a total cap, not including paragraphs 2.5 and 2.6 of 32,500. 2.9 You agree that the table above sets out a fair estimate of adequate compensation based on the limits of Our Service within the process and the small amount We charge per transaction. 2.10 We shall not be required to compensate You for any loss that you may suffer which does not arise as a direct result of our action or inaction. 2.11 We shall not be liable for any consequential, incidental, direct, indirect, special, punitive or other damages whatsoever. This includes damages for loss of business profits, business interruption, Toss of business information or other pecuniary loss, how so ever caused, arising as a result of providing services or the use of or inability to use a software product The entire risk remains with you. We negate any liability to you by the fullest extent possible under the applicable law. This is a fundamental term of this agreement. The contractual services are provided by 3C to you on the understandiing that you agree to this term. By accepting the contracted services, you automatically accept this term. 2.12 Our responsibilities relate to the transmission of data which is verified and authorized by You and the credit card company/Bank. Therefore, You are not entitled to deduct any monies from our Transaction payments as a result of you experiencing delays in the reconciliation of funds. 3 When can we suspend or stop the Service We can suspend and/or terminate this Agreement immediately if (a) you become the subject of any insolvency proceedings (b) if you fail to pay any charges in accordance with the terms of this Agreement (c) If it is found that You or your employees are guilty of fraudulent use or enabling or permitting fraudulent use of Our Services (d) if we have good reason to believe that any Information you have given us is false or misleading (e) if you breach the terms of this Agreement in any other material way (1) we are requested by the card company in writing to suspend the service with what, in our opinion, is a reasonable explanation for the request or (g) if we have good reason to believe that you are tampering with or reverse engineering the software. 4 Closing Down the Service 4.1 At the end of the supply of Our Services to You, We shall, or a contractor acting on Our behalf, be entitled to enter Your Premises upon reasonable notice to collect our Server and/or Software and/or remove our Software from Your computer system (if applicable). R1 Page 3 of 6 Initials S.3 Length of term prior tb termination 8 months (z) 12 months (y) 18 months (x) 23 months (w) Increase to the per transaction charge $0.10 50.06 $0.06 $0.04 23 Okt 06 19:59 4.2 You shall make our Server and Software available upon reasonable notice during working hours (9am until 5pm): If our technician cannot enter your premises at the appointment time an hourly rate for the technician of US$120 will be charged to You, plus any travel expenses related to the visit of Our technician (if applicable) 4.3 We shall not be responsible for any damage caused to Your Premises and property unless it is agreed in writing with Our employee or Contractor prior to them leaving Your Premises. 4.4 Our prices are discounted to You on the basis of an agreed 2 year Minimum Term. In the event that You terminate this Agreement during the Minimum Term We will need to reflect this revised termination date in our pricing and charge You a termination fee. You will be required to pay a lump sum amount equal to all the fees You would have paid for the remaining period between the termination date and end of this agreement plus a pro rated increase for each transaction charge. To calculate the transaction charges including the pro rated increase, we will use the average number of transactions processed for You over the complete period ahead of the termination date. R1 Page 4 of 6 initials S.4 Where this Agreement is terminated in a month not listed in the table, the pro rated increase will be calculated by reference to month category either side of it. (Example termination occurs at month 10. The increase is calculated by reference the categories z and y. The increase will be calculated as z 4/6 (z -y) being the value of month 6 less 4 sixths the difference between month 6's increase and month 12's. 5 Terms for Payment 5.1 You are required to pay Us for Our Services based on the Charges detailed on page 1. 5.2 We shall invoice you on a monthly basis in arrears based on the daily report of transaction sent to you. 5.3 Valid invoices shall be paid within 30 days of receipt. Given the length of time that you will have to review the daily reports, al invoice queries must be raised within this 30 day period otherwise you will be deemed to have agreed to waive your rights to make claims or raise queries in order that we may have reasonable commercial certainty 5.4 in the event that a valid invoice (or undisputed part of an invoice) has not been paid within 30 days, We shall be entitled to a) charge interest at a rate 21% per annum on any outstanding sum, calculated an a day by day basis until the undisputed sum is paid in full. b) Suspend Our service to You with immediate effect 5.5 You are responsible for all charges due to the card companies /Bank for each transaction. This shall not affect the amounts payable to Us. 5.6 You are responsible to maintain your agreements with the card companies /Bank 6 Formal Communications Any formal communication should be in writing and should be made by hand, by email, by recorded delivery or by fax (with a supporting physical copy sent on the same day by post) to the numbers specified on Page 1 (or such other number as we may tell You about in writing from time to time). Communications sent by hand, by fax or by recorded delivery post will be treated as having been received on the working day after the day upon which they were sent. Proof of fax transmission and of successful far end receipt must be kept. Emails will only be treated as having been received when a non automated response is obtained from the recipient. 7 Legal Principle* 7.1 Wewill only use any data that you give to us or that our system accumulates as a result of Our Services (a) for 6 months in order to maintain a record of the transactions for the purposes of transaction verification and (b) the detection of fraud or theft; 7.2 If any sentence or clause of this Agreement shaft be or be held to be Invalid by a court or authorized regulatory body then the other sentences and paragraphs shall continue to be effective. 7.3 Failure by Us to exercise or enforce any right given to us by law or by this Agreement shalt not be regarded as taking away those rights from us and shall not prevent the exercise or enforcement of those rights at a later date. 7.4 Neither party shall supply any information of the other party disclosed in relation to the Agreement and which is confidential by its nature to any body else. 7.5 Neither party is liable for any delay in performance or failure to perform any obligation under the Agreement where such failure or delay is due to a cause outside such party's control. 7.6 This Agreement is the entire agreement between the parties. No other documents, emails or conversations or any other communications will be regarded as binding between the parties. Our safes people and heipdesk operatives are not authorized to alter this Agreement and therefore only a written change signed by one of Our directors will be valid as an amendment to this Agreement. 7.7 No term of the Agreement is intended to benefit any person not a party to it. 7.8 if any dispute arises out of the Agreement, the parties will endeavour to settle the dispute by referring it to their respective CEOs and if the dispute is not resolved within 30 days of such referral either party may refer the dispute for arbitration. 7.9 This Agreement shall be governed by the laws of the Province of Ontario, Canada. 23 Okt 06 20:00 Annex Service Description- 3Clntegra On- Parking with vff- -site Terminal— CARD PRESENT May06 Page 5 of 6 Initials y S.5 1 What Is Our Service? 1.1 Our Service forms part of the method by which credit card transactions are handled when one of Your customers presents their credit card to You for payment and the card is swiped or the card number is manually keyed. Several companies will then become involved in the "process' through which the transaction is authorized and processed —We are one of those companies. 1.2 This process involves the following steps A The cardholder inserts their credit card into Your Automatic Payment Station (APS") or, if possible with the APS. hands their card to Your car parking attendant employee who (1) checks the name on the card matches the customer, (2) 'swipes" the card and (3) keys in amount to be paid by the customer. B: This data is transmitted from Your APS to the 3C Terminal ("Terminal), located off-site, with Our software via broadband TCP-IP. C: The data is processed by Our software and prepared for sending to Our central server, off-site. D: The data is sent via broadband TCRIP to our central server. E: The card details and transaction amount are processed by Our central server and sent via Our interface to the relevant card company OR acquiring bank. F: The card and /or payment is authorized or rejected by the card company OR Bank and this is communicated back through the interface to the central server, then via TCP4P to the Terminal and to your APS system (the responsibilities for each part being the same as for the outbound transmission). G: if an authorization is received by the APS system, a receipt shall be printed out containing the authorization number, amount debited and certain required card details. 11: Automatically, when the APS is closed down at the end of the day Our software connects to our central server via TCP IP and downloads the batch file (in the event that the broadband TCP IP line is not functioning, Our software will connects the following day and download the files for the past two days). E: This retrieved data is processed and sent by batch file via Our interface to the relevant card company or acquiring bank. .1: Our Central Server supplies You with a daily /monthly report via a secure encrypted website which the Premises can view /print/download. This should be cross checked with the Premises' invoice database to check for errors ar omissions within 1 week of receipt. Payment of the sums due for the transactions is made by the card company /Bank direct to the Premises' bank account. L: We shall supply support for Our software on Your Premises which comprises a helpline (24/7 helpline with purchase of extended customer support an IT technician call out facility and together with upgrades and updates for the software (3C Software Support and Maintenance). 1.3 We are responsible for points C. D, E, H, 1, J and L (but not for, in all cases, the provision. operation, maintenance or cost of the broadband TCP-IP fink). 1.4 We shall also supply a helpline (24/7 helpline with purchase of extended customer support), to support the provision of our services, including advice concerning the use of Our software. 1.5 Further, We are responsible for ensuring the interface and agreement is in place with the card companies to facilitate point E. This paragraph and paragraph 1.3 comprise Our Service" to You. We are not responsible for any other points. 1.6 You and/or Your staff are responsible for points A, B, and G. 1.7 You are also responsible for the installation and payment for the provision of a working broadband TCP-IP line by a telephony company. It is also your responsibility to check the daily report of transactions (point J) against the payments received from the card company (point K) within 1 week of receipt and notify us of any error within 1 week. Given the Length of time that you will have to review the daily reports, all queries must be raised within this 1 week otherwise you will be deemed to have agreed to waive your rights to make claims or raise queries in order that we may have reasonable commercial certainty. 1.8 You must NOT allow Premises' staff: a) To have access to the master control card without your supervision; b) To take photocopies of any invoice; c) Swipe any card more than once through the computer for each transaction; as this may give rise to incorrect and fraudulent transactions. This is something wholly outside Our control and therefore We cannot be responsible for any losses incurred. This is something within Your control and therefore it Is reasonable that You are responsible for any damages or losses incurred as a result. This includes, but is not limited to, paying any costs for fixing or replacing the server together with paying for our IT technician at our then current charge out rate and in accordance with our standard terms for the supply of technician services. 23 Okt 06 20:00 2 Setting up the Service 2.1 You shall have installed and tested a broadband TCP-iP line at the premises. 2.2 Within 14 days of notification from You that the broadband TCP -IP line and anatogue line are in place we shall arrange a date and time convenient to both You and Us to arrange the implementation of the software and where applicable, the server onto the Premises. This is intended to be prior to the Start Date, but is subject to when the broadband TCP4P line and analogue line are installed. You must ensure that We have access to Your computer system and that a responsible member of Your staff who has an adequate knowledge of and access to the system is available to work with our staff member during the installation visit. 2.3 You shall ensure that when Our engineer arrives on Your site/premises that the broadband TCP IP and analogue lines are working, the Terminal with our Software is available, any interface links to the PMS and or POS systems are in place and ready for Our software to be interfaced /connected with. if You or a third party You have contracted to complete the implementation or provide any part of the communication or connectivity service fails to comply with Our request and results in Us not being able to set up Our service or failure to deliver their services for Our specified requirements that stops Us from setting up and installing Our software and provide a service You will be liable to pay the cost of Our engineer's working and traveling time at a fixed cost of US$800 plus taxes per day and all charges related to Our Engineer's visit to your premises. 2.4 We shall not be responsible for any damage caused to Your Premises and property by Our employees or contractors whilst on your Premises unless it is agreed in writing with Our employee or contractor prior to them leaving Your Premises. Required Technical Specification In order to receive Our Services: It is Your responsibility to ensure that the appropriate interface from the APS system "Your System") has been purchased and the installation engineer for Your system is on site at the same time as Our engineer in order to facilitate the connection and set-up of the interface and complete testing. it is Your responsibility to ensure that broadband TCP -IP tines are installed and working prior to the installation Date. You must also ensure that Our software has access through Your Premise's Firewall and PORT 22 is open (if applicable). The Premises must have an analogue line in close proximity to the Terminal (if applicable). The analogue line will be used for remote access to our software. You are required to ensure that traffic between the on-site server and the TCP -IP port of the central -server must be allowed through Your firewall. Testing Once the APS system is interfaced with Our software You together with Our contractor shall perform a system test to confirm the communication between the APS system to the offsite server is working. You and Our contractor shall be required to agree that the entire computer system (comprising Your System, the on -site server and Our software) on Your Premises for the receipt of Our Services works to a satisfactory level. Once this has been demonstrated through testing, both You and Our contractor shall sign the Installation Approval Form, a copy of which shall be sent to Us. On -going Environment for receipt of Our Service (as applicable) The on -site server needs to be situated in a clean dry and secure area in accordance with the manufacturer's advice. You shall do a maintenance check of the on -site server and associated cabling once a month Ensure no liquids are used in the vicinity of the on -site server as spillages can damage the server and software for which will prevent receipt of the service and give rise b a replacement cost to You. The broadband TCP4P and analogue lines shall be tested on a monthly basis or as reasonably required by Us You are required to continue to ensure that traffic between the on -site server and the TCP -1P port of the centrat server is allowed through Your firewalt. You remain responsible for ensuring the on -site server and alt software (including Our's) is in good working order throughout the lifetime of this agreement. May06 Page 6 of 6 Initials S.6 By -law No. 2006 CITY OF NIAGARA FALLS A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30t day of October, 2006. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW .THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 30t day of October, 2006 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval ofthe Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation ofthe City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this thirtieth day of October, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 30, 2006. October 30, 2006. October 30, 2006. Community Services ADDITIONS TO COUNCIL, MONDAY, OCTOBER 30, 2006 1. BDD- 2006 -06 Cost Sharing for Feasibility Study, Planning Solutions and Programming Adaptive Re -use for Former Railway Bridge. Council Planning Matters PD- 2006 -91 Zoning By -law Amendment Application AM- 33/2006, 4037 Longhurst Avenue, Applicant: Niagara Support Services, Agent: Naomi Furmsten, Martin, Sheppard and Fraser. Proposed Community Building 1. Correspondence from some residents on Longhurst Ave., Crawford, and James Avenue. PD- 2006 -93 Recommendation Report, Edgewood Estates Draft Plan of Subdivision (Revised)Zoning By -law Amendment Application AM- 25/2006. 1. Correspondence from Leonard Mather, 6164 Kalar Road. Consent Agenda 1. MW- 2006 -114 Contract 2006 160 -05 Grassy Brook West Area Watermain Construction By -laws 1. Additional By -law 2006 -202 A by -law to amend By -law No. 79 -200, to regulate a neighbourhood commercial development and to repeal By -law No. 92 -238. 2. Additional By -law 2006- 203 A by -law to authorize the execution of a Consulting Agreement with URS Corporation New York respecting services for the Niagara Falls People Mover Project Ridership and Revenue Study. Council Information 1. UNITE HERE Canada Risk Assessment Executive Summary. 2. CAO Letter to Ernie Coetzee 3. 9218 Lundy's Lane Investigation of Dwelling Unit. Niagara Falls The City of Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department BDD- 2006 -06 Business Development Serge Felicetti 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: sfelicet @city.niagarafalls.on.ca Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario October 30, 2006 Re: Cost Sharing for Feasibility Study, Planning Solutions and Programming Adaptive Re -use for Former Railway Bridge Council authorize staff to partner with CP Rail and share the cost to hire Studio V and FTL Engineering to prepare development concepts for the re -use of the decommissioned rail bridge and conduct a structural analysis of the bridge regarding the proposed concepts. In 2001 the City of Niagara Falls acquired the CP Rail corridor located in the heart of the tourism district for the development of the proposed people mover system. The acquisition agreement with CP obligated the City to cover the demolition costs of the rail bridge if CP were unable to sell it by December 31, 2006.The City was required to secure a letter of credit to cover the demolition costs which was estimated to be $4 million. The letter of credit costs the city $40,000 per annum. In addition, the Municipality is responsible for any reasonable maintenance costs to the bridge to a maximum of $100,000 per year. Since the term of the agreement $113,500 has been spent on bridge maintenance. Staff recently met with CP staff to discuss the extension of the demolition agreement for an additional 5 year period as well as an alternate legal arrangement satisfactory to CP other than a letter of credit which would ultimately save the municipality $200,000 over the 5 year term of the agreement. CP staff were receptive on both accounts. Over the past 5 years CP has received a couple of offers to purchase the bridge however for various reasons the transactions were not executed. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 30, 2006 2 BDD- 2006 -06 During meetings with CP, city staff discussions revolved around the opportunity of working together to develop practical development concepts for the re -use of the rail bridge which could be taken to the development community to encourage the sale and re -use of the bridge. CP staff was very receptive and willing to work together. The cost to develop the bridge concept along with the structural analysis will be approximately $65,000. The city's portion will be $32,500 and the funds will come from the bridge maintenance account which has been agreed to by CP. The desired outcome from this exercise is the potential sale of the CP rail bridge which could ultimately save the city the $4 million we are obligated to pay if the bridge can't be sold and is demolished. Council's concurrence with this recommendation would be appreciated. Reco ed y Respectfully submitted: Aerge Felicetti Director of Business Development John MacDonald Chief Administrative Officer HMG. FALLS CLERKS 'Or; P:53 October 23, 2006 Mayor Ted Salci and City Council, City of Niagara Falls, City Hall, P.O. Box 1023, Niagara Falls, ON L2E 6X5 Dear Mayor Ted Salci and City Council: Re: Zoning By -Law Amendment Application City File AM 33/2006 4037 Longhurst Avenue `Stamford Centre Firehall' We, the undersigned, are pleased to welcome the change of designation of the property at 4037 Longhurst Avenue, formerly the Stamford Centre Volunteer Firemen's Hall from single family residential to permit its use as a community building in the official plan. The Hall has been a landmark in Stamford Centre for many years and we are glad to see that it will be used for community purposes and therefore remain a part of our heritage for years to come. Parking is a nightmare on Longhurst Avenue between Thorold Stone Road and Crawford Street. The lack of on -site parking for the heavily used Mane Impressions (beauty salon) and Niagara Academy of Cosmetology (beauty school) at the Thorold Stone Road end of Longhurst has added to the parking woes. It is not unusual for customers and employees to park across driveways and sidewalks making it hazardous for pedestrians and inconvenient for residents. The fact these people park so close to Thorold Stone Road, on both sides of Longhurst, makes it dangerous for vehicles attempting to turn onto Thorold Stone Road. There are times the street is limited to one lane onto Longhurst. As many on council may remember, the florist (Sunstrum's Town and Country Florist) on Longhurst also lacks adequate parking and the vehicles of both customers and employees of that shop make the Crawford Street end of the street just as dangerous. They also find it necessary to park on Crawford Street as close to the intersection as they can. The illegal parking lot which is still being used despite residents' frequent calls to City Hall; calls which must frustrate the city employees who have to respond to them. As we demonstrated at council on September 11, 2000, we will not accept the opening of this illegal parking lot as an option to parking problems on this residential street. ...2 2... We would like some reassurance from Niagara Support Services that the vehicles using the hall, will be parked either behind the building in the parking lot or on the paved area immediately in front of the building. As there are homes immediately adjacent to the hall, we would also like the reassurance that the Chair -a -Van will not be left idling for extended periods of time as that affects air quality that is already compromised by the idling of delivery trucks and vans at the florist shop. We thank you for your consideration and will be present at council on October 30, 2006 to support the by -law but seek reassurance regarding parking and the idling of vehicles. We remain, Yours truly, The Residents of Longhurst Avenue, Crawford Street, t. James Avenue, Niagara Falls, Ontario Name t1 a Ade r &Lai w ceoc (i..41.01...uk.A4- 2 's -2 3 s c „dd." 6,464-Lti 446 f7 3ce-/ 7 9.s Er- (/(1/4110e'&6e.,-;-fle,a-1.-:- i --;r L (Q(0L t c9 'J&: rz Address Name -eic L. i,p 6 3 6 Li/ V, 4 ,e,t i r.:A 5,5 r PrJ Yours truly, The Residents of Longhurst Avenue, Crawford Street. St. James Avenue Phone Number 3z( 7o7 tadArk.r hone Number Thursday, October 19 2006 Mr. Ted Salci, Mayor, City of Niagara Falls, 4301 Queen Street, Niagara Falls, Ontario. L2E 6X5 Dear Mr. Salci: Deerfield Estates Sub Division. Subjects: a) Kalar Road "500 Speedway" between Lundy's Lane and McLeod Road. b) Deerfield Estates Sub Division west side of Kalar Road between Rideau Street and Meadows of Dorchester Retirement Residence. Kalar Road "500 Speedway" Further to previous correspondence on this subject, some of which dates back to October 1998, I am extremely disappointed with the inaction by you and members of Council in attempting to resolve the problem of speeders on this section of Kalar road. During the Council Meeting held on Monday, October 16 2006, and following Mr. Pietrangelo's presentation of my concerns to Council, another road block was set up as a result of a further study to be carried out by City Staff, with a report expected back for presentation at the next Council meeting scheduled for Monday, October 30 2006. Mr. Salci, it is my opinion this problem of speeders on Kalar Road, has been studied to death. How many more studies will it take before some action is taken by Council. This problem has been ongoing since 1998 that's eight years. When you were elected in 2003, a complete file on this subject was hand delivered to your office, receipt of which was acknowledged by you in a letter to me dated, December 11 2003. My question to you, Mr. Salci, is how much longer must the residents along this section of Kalar Road wait before you and Council take action. This is a new sub division under construction on the west side of Kalar Road between Rideau Street and The Meadows of Dorchester Retirement Residence. 2 Deerfield Estates cont'd: The entrance and exit to this construction site is on the east side of Kalar Road at the intersection of Rideau Street. This is also a concern of mine since heavy construction equipment is moved in and out of this site, on the west side of Kalar Road, where there are no stop signs, except for one on Rideau Street, westbound onto Kalar Road. My letter to you dated, August 8 2006, urged Council to erect "all —way" stop signs at this intersection in view of the ongoing construction in this area. Now more than ever, installation of "all -way" stop signs at this intersection would serve two purposes: 1) A safety factor relating to construction equipment entering and leaving the construction site. 2) Installation of "all -way" stop signs at this intersection would force drivers to reduce speed along this section of Kalar Road. Once again, Mr. Salci, I urge you, and Council, to take the appropriate action to resolve this problem once and for all. All I'm asking for are three stop signs. You r ly, Leonard Mather, 6164 Kalar Road, Niagara Falls, Ontario. L2H 1T3 Cc: Mr. Victor Pietrangelo, Alderman Niagara Falls The City of Canada Community Services Department MW- 2006 -114 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: October 30, 2006 Re: MW- 2006 -114 Contract 2006 160 -05 Grassy Brook West Area Watermain Construction RECOMMENDATION: That the unit prices submitted by the lowest tender DeRose Bros. be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, October 24, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up be eleven (11) Contractors and six (6) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1. DeRose Bros. (Thorold) $1,559,867.33 2. Alfred Beam Excavating Limited (Fort Erie) $1,742,515.00 3. Provincial Construction (Niagara Falls) $1,868,396.06 (corrected) 4. Peter's Excavating Inc. (Fort Erie) $1,916,703.00 5. Alfidome Construction (Niagara Falls) $2,249,909.00 6. Nexterra Substructures Inc. (Niagara Falls) $2,258,286.50 The lowest tender was received from DeRose Bros. in the amount of $1,559,867.33. This contractor has previously performed similar type projects for the City. We are therefore of the opinion, that his contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 30, 2006 2 Financing: The engineer's estimate for this contract was $2,270,930.00. Project Costs: Awarded Contract (excluding GST) $1,559,867.33 Miscellaneous Fees (MOE) 1,200.00 Utility Removals /Installations 20,000.00 Total $1,581,067.33 Funding: Development Charges Reserve Fund $1,581,067.33 (Account DC-NT-W11; DC-NT-W12 This project is scheduled to commence construction November 13, 2006 and all work is to be completed by March 30, 2007. Council's concurrence with the recommendation made would be appreciated. Prepared b r Rick Volpini, Project Manage Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully submitted: o hn MacDona Chief Adminis ohn MacDonald Chief Administrative Officer MW- 2006 -114 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 79 -200, to regulate a neighbourhood commercial development and to repeal By -law No. 92 -238. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B4 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from NC and numbered 322 to NC and numbered 767, the land on the southwest corner of Preakness Street and Montrose Road, being Part of Township Lot 116, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated NC and numbered 767 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 2.31 and clauses (a), (b), (c), (d), (e), (f), (g) and (h) of section 8.1.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated NC and numbered 767 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Regulations (b) Minimum lot area (c) Minimum front yard depth from Preakness Street (d) Minimum exterior side yard depth from Montrose Road and Ascot Circle for the purpose of determining compliance with clauses (b) through to and including (1) of this section of this by -law and all other provisions of Zoning By -law No. 79- 200, notwithstanding land ownership, all the land described in section 1 of this by- law and shown hatched and designated NC and numbered 767 on the plan Schedule 1 attached hereto, shall be considered one lot the whole of the land shown hatched and designated NC and numbered 767 on the plan Schedule 1 attached hereto, save and except for any part that may be required for the purpose of road widenings 3 metres after any required road widening 6 metres after any required road widening (g) Minimum rear yard depth Maximum lot coverage (1) Minimum landscaped open space 19.1.767 -2 Maximum height of building or structure (i) within 20 metres of the west property line (ii) beyond 20 metres of the west property line (h) Maximum floor area of all buildings and structures (i) Maximum floor area per use described in clauses (f), (i) and (j) of section 8.1.1 of By -law No. 79 -200 (j) Maximum floor area per use described in clauses (a), (b), (d), (g) and (h) of section 8.1.1 of By -law No. 79 -200 (k) Maximum floor area per use described in clauses (c) and (e) of section 8.1.1 of By -law No. 79 -200 6 metres 25% after any required road widening 6 metres subject to section 4.7 of By -law No. 79 -200 10 metres subject to section 4.7 of By -law No. 79 -200 2,900 square metres 230 square metres 450 square metres, save and except for one retail store which may have a maximum floor area of 1,600 square metres 745 square metres 25% of the lot area after any required road widening, which shall include a 6.0 metre wide strip adjacent to and along the entire length of the northerly and westerly property boundaries and a 3.0 metre wide strip adjacent to and along the entire length of the easterly property boundary, save and except for any buildings or structures and driveways 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: Notwithstanding the provisions of section 2.31 and clauses (a), (b), (c), (d), (e), (f), (g) and (h) of section 8.1.2 of By -law No. 79 -200, no person shall use the land on the southwest corner of Preakness Street and Montrose Road, designated NC and numbered 767 on Sheet B4 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2006- -3- 4. Section 19.1.322 of By -law No. 79 -200 is deleted and By -law No. 92 -238 is repealed. Passed this thirtieth day of October, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 30, 2006 October 30, 2006 October 30, 2006 SCHEDULE 1 TO BY -LAW No. 2006- Subject Land ia. Description: Part of Township Lot 116, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: GOLDMANCO Assessment 272509000309001 Amending Zoning By -law No. 79 -200 1 :NTS AM- 14/2006 CITY OF NIAGARA FALLS By -law No. 21006 A by -law to authorize the execution of a Consulting Agreement with URS Corporation New York respecting services for the Niagara Falls People Mover Project Ridership and Revenue Study. Passed this thirtieth day of October, 2006. First Reading: Second Reading: Third Reading: October 30 2006. October 30 2006. October 30 2006. WHEREAS it is in the City's best interests to engage a consultant to collect updated ridership and revenue forecasts for the Niagara Falls People Mover Project; and WHEREAS the URS Corporation New York provided these services in the past, as per By -law 2004 -128; and WHEREAS the services provided by the URS Corporation New York are being paid for by the Falls Management Company to an upset limit of $142,000. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Consulting Agreement made between URS Corporation New York as Consultant and the Corporation of the City of Niagara Falls, respecting;the services for the Niagara Falls People Mover Project Ridership and Revenue Study, subject to the terms and conditions as satisfactory to the Chief Administrative Officer, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Consulting Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Consulting Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR From: Dean lorfida To: Marc Hollin Date: 10/24/2006 3:44:12 PM Subject: Re: Requests for Deputations October 30th Marc: As you recognize in your e -mail, your request is after the deadline for inclusion. Our agenda for October 30th has been set. Regardless of timelines, staff would remind you that Council already took the time to have a special information session on the environmental issues on the Cytec property. It is unfortunate that Mr. Gillespie and Dr. Ford did not avail themselves of the opportunity to appear. It is redundant to schedule this item again, especially since the consultants who have actually studied the property have provided their information to Council. Nonetheless, I take direction from Council. I will bring the request to their attention in a future Council information e-mail and if they direct me to schedule a deputation for Mr. Gillespie and Dr. Ford, I will do so. In the interim, if Mr. Gillespie and Dr. Ford would like to provide me some information in writing I'd be more than happy to pass it on to the Council immediately upon receipt. As for the Risk Assessment report, I have received one copy that is for public viewing. The document is large... in the neighbourhood of 400 pages. It is cumbersome, as it isheld together in a coil binding and contains a number of greater than letter sized maps and includes a couple of computer discs. I have requested a second copy of said document from Cytec. I have no intention of dismantling my one lone copy to accommodate photocopying on behalf of your organization. Once again, the document is available at the City and the Niagara Falls Public Library for viewing. I have copied the first dozen pages of the risk assessment (executive summary and summary of recommendation /findings). Sincerely, Dean Dean lorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) "Marc Hollin" <mhollin(cr�.unitehere.ca> 10/23/2006 9:49:28 AM Dean lorfida City Clerk Corporation of the City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON, L2E 6X5 Phone: 905 356 -7521 ext. 4271 E -mail: diorfida a(�niagarafalls.ca Monday, October 23, 2006 To Dean lorfida, I would like to request the opportunity to make deputations before City Council on behalf of Dr. Derek Ford and Eric Gillespie, Partner, Cunningham Gillespie on Monday, October 30, 2006. Dr. Ford and Mr. Gillespie would like to make separate deputations regarding the proposed twin pad arena complex, and the information that was presented on Wednesday, October 18th at a special Council meeting. While I know that the deadline to appear on the agenda was last Wednesday, given that the meeting didn't conclude until later that night, and that we haven't received word back yet on receiving copies of the SSRA document, I would hope that our request will be accorimodated. Thank you for your time, Marc Hollin Research Analyst UNITE HERE Canada 460 Richmond St. W., 2nd FI. Toronto, ON M5V 1Y1 Office: 647.510.0887 ext. 242 Toll Free: 1.800.268.4064 ext. 242 Mobile: 647.408.5428 Email: mhollinunitehere.ca Cytec Canada Inc. 9061 Garner Road Niagara Falls, ON L2E 6S5 Tel: (905) 356 -9000 The City of Niagara Falls Canada City Hall P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Mr. D. Iorfida Dear Mr. Iorfida: Re: Final Report Risk Assessment for Cytec Canada Inc. former Niagara Plant site As requested by the City staff, please find your copy of the revised final report entitled: "A Risk Assessment of the Proposed Arena Complex at 4001 4th Avenue, Niagara Falls, Ontario Revised, Final Report" and dated August 15, 2006. As you are aware the report has accepted by the MOE and it is now in final version. If you and City staff wish you may make this report available for viewing to the public. A copy will also be placed at the main branch of the public library. If you require any additional information please contact me at 905- 374 -5812. Sincerely yours, CYTEC CANADA INC. Al/Z Kenneth M. Milo, B.Sc. Safety, Health and Environmental Supervisor cc. Tony Marek, Cytec Industries Tom Mesevage, Cytec Industries October 16, 2006 Responsible Care® Beyond what's required. August 15, 2006 A RISK ASSESSMENT OF THE PROPOSED ARENA. COMPLEX AT 40014 AVENUE, NIAGARA FALLS, ONTARIO Revised Final Report MOE FILE REFERENCE PSF865 -05 [IDS No. 0703- 6HZKME] PREPARED FOR: Cytec Canada Inc. P.O. Box 240 Niagara Falls, Ontario L2E 6T4 Suite 130, 1900 Minnesota Court Mississauga, ON L5N 3C9 Phone 905- 814 -7800 Fax 905- 814 -4954 www cantoxenvironmental.com A RISK ASSESSMENT OF THE PROPOSED ARENA COMPLEX AT 4001 4th AVENUE, NIAGARA FALLS, ONTARIO EXECUTIVE SUMMARY Cantox Environmental Inc. (CEI) has been retained by Cytec Canada Inc. (hereafter referred to as Cytec), to conduct a risk assessment (RA) of a subset of the property located at 4001 4 Avenue and 4200 Stanley Avenue, Niagara Falls, Ontario (hereafter referred to as "the Site" or "Property (Figure 1). This Site was formerly the location of'rianufacturing operations of Cyanamid Canada Inc., a subsidiary of American Cyanamid Company. The City of Niagara Falls (the City) has plans to acquire a section of land in the former plant site area for the development of a Community Ice Arena and Recreational Complex and associated parking facilities. The area of the proposed arena complex is shown on Figure 2 and several of the subsequent figures, with a legal survey map of the specific Study Area provided in Appendix B. This risk assessment is focused specifically on this 16.52 acre (6.69 ha) parcel of land proposed for the development of an arena complex by the City. The Study Area is zoned industrial but is currently vacant. The majority of the Study Area is covered by concrete slabs and demolition rubble from previously existing buildings. It is enclosed by chain link fencing and is patrolled daily by security. The objectives of the current RA, conducted in accordance with,Ontario Regulation 153/04, were as follows: 1. To evaluate human health and ecological risks associated with impacted soils and groundwater. More specifically, to evaluate the risks associated with exposure to COCs under the proposed future land use for the Study Area (i.e., as commercial/industrial /community land use for a Community Ice Arena and Recreational Complex and related parking lots); and, 2. To propose property- specific standards for soil and groundwater protective of human health and ecological receptors present on- and off -site. Although exposure to soil/fill material currently on the Study Area will likely be minimal as a result of concrete and asphalt barriers, the RA made no assumptions regarding the restriction of exposure pathways and conservatively assessed both direct and indirect exposure to chemicals in soil and indirect exposure to chemicals in groundwater. Human Health Risk Assessment Direct exposure to human receptors was assessed through inhalation, incidental ingestion and dermal contact with exposed on -site soils. Chemicals in soil and groundwater may also indirectly impact human health via inhalation of vapours infiltrating a building's substructure. The potential for exposure to COCs in soil and groundwater via the inhalation of impacted indoor air was addressed for the future commercial land use scenario. Four exposure scenarios were considered to evaluate potential,human health risks associated with exposure to COCs in on -site soil and groundwater: A Risk Assessment of the Proposed Arena Complex at 40014` Avenue, Niagara Falls, Ontario Cantox Environmental Inc. Project 84740 August 15, 2006 Page i An outdoor maintenance worker; A construction/remediation worker; A full -time worker within the facility; and, A toddler attending daycare on the property. Results of the current RA indicated that no human health risks were identified for exposures to on -site chemicals under all assessed exposure scenarios. Ecological Risk Assessment The current assessment assessed risks to ecological receptors assuming that receptors have the potential to have direct contact with all on -site soils without any barriers or restrictions. Based upon previous biological surveys conducted on -site, the following Valued Ecosystem Components (VECs) were evaluated in the current RA: Urban vegetation (e.g., grasses, shrubs, trees); Soil invertebrates (as represented by the earthworm); Bird populations (as represented by the American Robin); and, Small mammal populations (as represented by the Deer Mouse). Risks were estimated for terrestrial plants and soil invertebrates by comparing on -site soil concentrations to available benchmark concentrations. These comparisons yielded no unacceptable risks to plants or soil invertebrates. Risks to mammalian and avian receptors were estimated based on exposure to COCs through the ingestion of food items and soil. No unacceptable risks were noted for any exposures to avian and mammalian wildlife potentially utilizing the Study Area as habitat. Given that the future land -use of the Study Area is for an arena complex, it is expected that the Study Area will need to support some degree of manicured lawns and ornamental landscaping. Risks to the plant and soil invertebrate communities are not expected. Risk Management Although no unacceptable risks were predicted for human or ecological receptors (with the exception of sensitive terrestrial plants exposed to elevated levels of SAR and EC), a single sample location was found to contain arsenic at a concentration in excess of the property specific standard derived to be protective of the most sensitive human exposure scenario (Table ES -1). Table ES -1 Sampling Locations with Concentrations of COCs in Excess of Property Specific Standards Property- Specific Standard (µg /g) Sample Location Sample Depth (mbgs) Chemical of Concern Arsenic 26.3 BH- 05 -24 -1 0.05- 0.61 A Risk Assessment of the Proposed Arena Complex at 4001 4 Avenue, Niagara Falls, Ontario Cantox Environmental Inc. Project 84740 Concentration (Ng /g) 52.8 Based upon these findings, all delineated arsenic soil concentrations in excess of the PSS (see Appendix G for details) will be removed to an approved off -site non hazardous storage site, in full consultation with the regional office of the MOE. August 15, 2006 Page ii t Conclusions/Recommendations The main findings from the RA were as follows: a) There is no indication of unacceptable health risks to human receptors under a construction worker scenario in which receptors are exposed to COCs via incidental ingestion of soil/dust, inhalation of soil/dust, or dermal contact with soil/dust; b) There is no indication of unacceptable health risks to human receptors under an indoor worker scenario in which receptors are exposed to COCs via the vapour infiltration pathway while working in an commercial/community building; c) There is no indication of unacceptable health risks to human receptors under a day care scenario in which toddlers are exposed to COCs via the vapour infiltration pathway as well as through exposure to soil/dust from inhalation, ingestion or dermal contact; d) There is no indication of unacceptable health risks to human receptors under a long- term maintenance worker scenario in which receptors are exposed to COCs via incidental ingestion of soil/dust, inhalation of soil/dust, or dermal contact with soil/dust; e) Although no unacceptable risks were predicted for humans under any of the assessed exposure scenarios, a single sample location contained arsenic at a concentration in excess of the lowest human health -based property- specific standard, which has been delineated and will be removed; f) Levels of contaminants in groundwater are not anticipated to be at levels that have the potential to cause adverse effects to humans or ecological receptors; and, Unacceptable risks are not anticipated for ecological receptors utilizing the Study Area for feeding and as habitat, with the exception of sensitive terrestrial plants which may be adversely affected in areas with elevated levels of SAR and EC. It is recommended that clean soil be added to areas that are to be used to support plant growth. g) A Risk Assessment of the Proposed Arena Complex at 4001 4 Avenue, Niagara Falls, Ontario Cantox Environmental Inc. Project 84740 August 15, 2006 Page iii Vi z; Study Area Local Road CYTEC Property Boundary Major Road Intermittent Stream Expressway Supplementary Phase 1I ESA CYTEC Niagara Facilty Pro.. sed Arena Com.lex Area Map Document :1Projects\2005\5 \Fine ISSpetia115044 SiteLocationProposedArenaComplex .mxd) 10/05/2008 213:58 PM 1 1 1 1 1 1 1 1 1 1 1 N R 1 RA made no assumptions regarding the use of PPE and assessed exposures accordingly. In addition to the exposure scenarios indicated in the PSF, an additional scenario was included in the RA. An outdoor maintenance worker scenario was assessed in which an adult was assumed to be exposed to COCs through direct contact with soil while working outdoors, full -time for a period of 30 years. The PSF indicated that plants and soil invertebrates would be assessed based on exposure to COCs in soil at the 95 upper confidence limit on the mean concentration. To be more conservative, the 95 percentile soil concentrations were used to account for the spatial distribution of the contamination and to compensate for the limited mobility of these receptors. No additional computer models were used other than those specified in the PSF. Appendix D provides detailed responses to the MOE review of the PSF. 1.3 Risk Assessment Standards The final proposed property- specific soil and groundwater standards are the more stringent of those derived for all human and ecological exposure scenarios evaluated in the current RA (Table 1 -1). The reporting format selected for this table was as recommended in the MOE RA Procedures document (MOE, 2005). A Risk Assessment of the Proposed Arena Complex at 4001 4 Avenue, Niagara Falls, Ontario Cantox Environmental Inc. Project 84740 August 15, 2006 Page 3 1.0 SUMMARY OF RECOMMENDATIONS/FINDINGS A Risk Assessment of the Proposed Arena Complex at 4001 4 Avenue, Niagara Falls, Ontario Cantox Environmental Inc. Project 84740 The risk assessment objectives, proposed property specific soil and groundwater standards, the assumptions used in determining each standard, and the recommended risk management measures are described in Sections 1.1 to 1.5. 1.1 Risk Assessment Objectives and Approach Cantox Environmental Inc. (CBI) has been retained by Cytec Canada Inc. (hereafter referred to as Cytec), to conduct a risk assessment (RA) of a subset of the property located at 4001 4 Avenue and 4200 Stanley Avenue, Niagara Falls, Ontario (hereafter referred to as the site or "Property") (Figure 1). This Site was formerly the locatio manufacturing operations of Cyanamid Canada Inc., a subsidiary of American Cyanamid Company. The property is located in Niagara Falls, Ontario, and the actual Study Area for the current RA forms a portion of the southern-most part of the larger Cyanamid Niagara Facility property (Figure 2), and is the former plant site. The Study Area is zoned industrial but is currently vacant. The majority of the Study Area is covered by concrete slabs and demolition rubble from previously existing buildings. It is enclosed by chain link fencing and is patrolled daily by security. The total area of the Cytec property is 37.66 ha which is split along a north -south axis by a power transmission corridor. The current RA Study Area, which occupies approximately a quarter of the southern portion of the Cytec property, is composed of 6.69 ha (16.52 acres) of the total property. A detailed legal survey map of the Study Area is provided in Appendix B. The primary proposed future land use for the RA Study Area is for the development of a Community Ice Arena and Recreational Complex and associated parking facilities by the City. A series of on -site investigations, including a Phase II Environmental Site Assessment (ESA) of the entire Site, conducted by Gartner Lee Limited (GLL, 2006) indicated that a number of chemicals in soil and groundwater were at concentrations in excess of the appropriate Ontario regulatory soil and groundwater standards. The following report details the objectives, methodologies, results and conclusions of the RA conducted for the Study Area, including both a human health risk assessment (HHRA) (Section 4.0) and an ecological risk assessment (ERA) (Section 5.0). Appendix A contains the exposure limits and relative absorption factors for the COCs used in the HHRA. As noted previously, a detailed legal survey map of the Study Area is provided in Appendix B. The technical information, modeling methodology, a worked example, and summaries of parameters used in the HHRA modeling are provided in Appendix C. The site plan, cross sections, hydrogeological interpretation and sampling location figures are provided in the PSF in Appendix D. Appendices E and F contain curriculum vitae of the project members and a list of supporting documents, respectively. The summary of the Phase I and II ESA reports (provided in an enclosed CD) is presented in Appendix G. Finally, a notice to the municipality and the response, and the mandatory certifications of the QPRA are presented in Appendices H and I, respectively. August 15, 2006 Page 1 The objectives of the current RA are as follows: 1. To evaluate human health and ecological,risks associated with impacted soils and groundwater. More specifically, to evaluate the risks associated with exposure to COCs under the proposed future land use for the Study Area (i.e., as commercial/industrial/community land use for a community Ice Arena and Recreational Complex and related parking lots); and, 2. To propose property specific standards for soil and groundwater protective of human health and ecological receptors present on- and off -site. The following RA was conducted in accordance with Ontario Regulation 153/04 and the RA procedures endorsed by regulatory agencies including the Ontario Ministry of the Environment (MOE) Guidance on Site Specific Risk Assessment for Use at Contaminated Sites in Ontario (MOEE, 1997a), Environment Canada (Gaudet et al., 1994), Health Canada, the Canadian Council of Ministers of the Environment (CCME, 1996),,`d the United States Environmental Protection Agency (U.S. EPA, 1989). The RA approach t ken to meet the objectives was for an RA other than those identified in Schedule C Part II of O: Reg. 153/04. 1.2 Deviations from Pre submission Form Several deviations were made from the PSF based on comments provided by the MOE as well as to increase the overall conservatism associated with the RA approach. Initially, the RA was intended to evaluate risks to the entire southern portion of the Cytec property (approximately 24.6 ha of the total 37.66 ha Cytec site). However, based upon comments provided to the Study Team on a previously submitted version of the RA through a Notice of Circumstance from the MOE and discussions with the regional office of the MOE, the RA was refocussed to only evaluate potential risks related to the specific portion of the property (6.69 ha) intended for use by the City of Niagara Falls for the development of a Corntriunity Ice Arena and Recreational Complex and associated parking facilities. However, all data used in the current RA was provided in the previously submitted PSF, and the intended approach outlined therein remains the same, except as outlined below. The classification of the Study Area as an environmentally sensitive area as a result of elevated soil pH was only considered to be a concern for inorganic chemicals in soil for the ERA. Therefore, with the exception of the selection of inorganic COCs in soil for the ERA, COCs were selected through comparison to Table 3 Site Conditions Standards. Inorganic chemicals in soil were compared to Table 1 Site Condition Standards for the selection of COCs in soil for the ERA. A complete rationale for this approach is provided in the RA. Although the PSF indicated that exposure to on -site soils would be restricted as a result of current and future barriers (i.e., building foundations, parking lots, roads, etc.), the RA conservatively assumed that human and ecological receptors could potentially be exposed to all on -site soils. For human receptors, exposure to COCs in soil was assessed via inhalation, incidental ingestion and dermal contact with soil and dust, in addition to the inhalation of vapours as described in the PSF. Although the PSF indicated that it is assumed that the construction/remediation worker would use appropriate personal protective equipment (PPE), the A Risk Assessment of the Proposed Arena Complex at 4001 4 Avenue, Niagara Falls, Ontario Cantox Environmental Inc. Project 84740 August 15, 2006 Page 2 N V xi as tet N +a IN 0 h. IN .0 iz o c4 II t= 13 cu PI C°? ae m 0 MI Po 6 Cal Potential for Off -Site Exceedance of Site Condition Standard ON ON ON oN oN ON ON ON ON oN ON ON O N ON N ON ON: Risk Management Requirement ON ON ON O N ON oN ON ON ON ON oN ON f oN 1 Dominant Exposure Pathway(s)/ Basis of Standard Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition Standard Maximum On -Site Concentration 1 Table 3 Site Condition Standard I Table 3 Site Condition Standard Table 3 Site Condition Standard 1 Table 3 Site Condition' Standard I Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition Standard J Lauual ua Recommended Property- Specific Standard 'I/gTI 91 8 Z 1 8/8ri 0t 8 2 ri 61 1/871 oocz 00i 8/8ri OSL 'I�Bd £Z T z5 50,000 tg/L i s/8ri 0t 2 Off i 818 I 'v 8/Sri 017 B/8 ri OS£ tuu vIVUUUn Table 1 Site Condition 1 Standard 1 6 8/871 0' 1 8/811 I 69'0 Vri S'0 1 '1/ 6'0 8/871 S8 T'BriSZ -1/8ri S J 8 /S1i 9'1'0 'I/Bri S'0 g1ri 8/8ri Z'0 81871 Z'0 8/871 i I ZI'0 y- �pecuii auu a Maximum Concentration 2 21 i 9 8/8rt SZ'0> 8 /$'l 1 '1/ 6'0 l/8ri 6 8/871 05L Z/8ri I ,Bri 0z> 212r1 98'6 VII I> gist' Sz'0> F 2/271 co> $/8Ti S'0> 8/871 t£'g 2/8ri ZI'I C C •oposea rropert Environmental Medium Groundwater 1 l ro s 1 too p Groundwater Groundwater 1T°S Groundwater Groundwater i?OS Groundwater j1OS Iios t ILOS ILOS E t I E I 11.10311O3 30 p;anua lD LT WUL,rI T T ai4�.lf. Bromomethane umrutp>,D 2- Chlorophenol auasituo uuOJotolgD grgoD Copper ap auaociqu a(q`a)ozua.4i_Q Dibromochloromethane iouagdotolgota 2,4- Dimethylphenol 2,4- Dinitrophenol Fluoranthene Fluorene it I Potential for Off-Site Exceedance of Site Condition I Standard OK OK ON ON ON ON J oN °N OK ON oN. ON OK ON ON Risk Management Requirement OK OK ON OK ON ON OK OK ON ON ON ON Dominant Exposure Pathway(s)/ Basis of Standard Table 3 Site Condition Standard Maximum On-Site Concentration Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition Standard Ecological (Plants) Direct soil contact I F.— Table 3 Site Condition Standard I r— Table 3 Site Condition Standard I II Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition Standard Table 3 Site Condition. Standard Ecological (Birds) Ingestion of soil/food Table 3 Site Condition Standard Recommended Property- Specific Standard 2 /Bri 61 339 Reg 2 21 i °I Ttri zro 1600 ug/g 200 ps/g LO -ri 40 ug/g 2 /gri fig sisrf qt o 5AT 250 gg/g gAri TL/ PiePutIS uompuoj ams mei, 2 811 8E oz 2 2 ri zo gi 6r0 0.003 ptg/g 2 /Srf 5'Z 2 2 Ti 600 2 ATI 1 S/ 69'0 L__ VATI stgrl T 2 2 r 1 2 2 Ti 6'1 Vri Maximum Concentration 2 i 2 r 1 E V E 2 6EE 2 Ls g/27 sz 2 I0'0 2/2ii E> 2 ZO'I 2 2 r 1 STO> 7.79 ;leg ii vz 2 ATI s 2 2 T 1 817'9 2/grf z OZ Chemical of Concern Environmental Medium Indeno(1,2,3-cd)pyrene Soil uos peal Soil Mercury Groundwater IT°S aualutpqdetqAtpalAI-z Methylene Chloride (Dichloromethane) Soil Molybdenum Soil I anarttinFIN UOS 1 ronaidatoRoultrad Soil Phenanthrene Groundwater 110S IOUNd Pyrene Soil Soil Selenium Groundwater i 1 1 at H 1 1 1 1 1.4 Risk Assessment Assumptions For the current assessment, the future property use for the Study Area was assumed to be that of commercial and/or community use, as defined by 0. Reg. 153/04. However, Study Area is n considered to be environmentally sensitive as a result of elevated soil pH levels beyond the MOE recommended ranges. Therefore, Table 1 Site Condition standards were used for initial screening of the chemicals of concern. Following this screening step, a Limited Scope RA was conducted to provide further refinement of the list of COCs to be carried forward through the full HHRA and ERA evaluations. 1.5 Risk Management Requirements The only COC which was found to exceed established Property- Specific Standards was arsenic at one location in the Study Area. Based upon these findings, this area of elevated soil concentrations of arsenic was further delineated (see Appendix G for details) based upon the PSS developed in the current RA, and will be removed to an approved -site non hazardous storage site in full consultation with the regional office of the MOE. It should be noted that such removal is not considered a risk management activity under 0. Reg. 153/04, but is outlined here to indicate how the arsenic exceedances of the established PSS have been addressed. Following the removal of the arsenic- impacted soils, no unacceptable risks are predicted for human or ecological receptors exposed to impacted soil and groundwater on the RA property. Risk management measures are not required. A Risk Assessment of the Proposed Arena Complex at 40014 Avenue, Niagara Falls, Ontario Cantox Environmental Inc. Project 84740 August 15, 1006 Page 10 John MacDonald Email Response to Oct. 19 inquiry From: John MacDonald To: ECoetzee @RZCDLAW.COM Date: 10/23/2006 2:58 PM Subject: Email Response to Oct. 19 inquiry CC: Ted Salci; Vince Kerrio Hi Ernie: It appears that there may be a computer problem on your end. I copied the Mayor and Alderman Kerrio on my e-mail to you and they were able to open and access all attachments both Friday and today. I will resend the attachments one at a time and would appreciate your confirming receipt of each attachment before I send the next. Thank you. John Hi Ernie: Here is the e-mail with attachments that I sent on Friday. Please advise that you have received the e-mail with the attachments. Thank you. John Hi Ernie: In response to your email of October 19, 2006 please review the attached letter and powerpoint presentations. John John MacDonald Chief Administrative Officer City of Niagara Falls, Ontario Tel.: (905) 356 -7521, ext. 5100 Fax: (905) 374 -3557 Page 1 of 1 file /C: \Documents %20and %20Settings \khl 011Local %20Settings \Temp\GW} 00001.HTM 10/27/2006 Chief Administrative Officer Mr. Ernie Coetzee DS Delcor Inc. 77 City Centre Drive Suite 700 Mississauga, Ontario L5B 1M5 October 20, 2006 Mr. Coetzee: Thank you for your recent e- mails. I will attempt to respond to all of your concerns, Record of Site Condition City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca (905) 356 -7521 Ext. 5100 Fax: (905) 374 -3557 imacdona Ocitv.niagarafalls.on.ca As I am sure you can appreciate, the Record of Site Condition (RSC) process is a process dictated by the Ministry of the Environment (MOE), not the City. RSC's are in response to a specific proposal for land use. As you are aware, the process to obtain an RSC on the Cytec property began long before the City received a proposal from JDS. Despite any negotiations with your company, Council directed staff and our consultants to continue with plans, design work and the seeking of requisite approvals for the twin pad on the Cytec site. It is unfortunate that you left Wednesday night prior to the conclusion of the information session as you would have heard the discussion on the RSC in its proper context. The comments were that it would be unlikely that an altered design concept would be able to rely on the anticipated RSC. The assumption being that an OHL facility, of sufficient capacity, would require a different footprint and substantial excavation than the City's current twin pad proposal. The suggestion that an OHL facility could delay opening up to a year was strictly a presentation of the worse case scenario. As you have not provided any design details, we could not reasonably assess the impact your proposed design would have on the RSC approval process. Regardless, although some of the raw data from the current environmental studies could be relied upon, a substantially altered design and the use of property outside of the current study area would, undoubtedly, require an amended or new RSC. Finally, it should be noted, at no time did Mr. Schram, myself or any other staff, suggest that the RSC for the twin pad would apply to your proposal for an OHL facility. It is unfortunate if that was your assumption. Negotiations 2 October 20, 2006 Paragraph 1.1 which indicates "the purpose of this Memorandum is to set forth certain non binding understandings and certain binding agreements between the City and JDS. Except for the obligations described in Section 15, nothing contained in this Memorandum is intended to constitute a legally binding or enforceable obligation or agreement." You are correct that Clause 7.1 indicates that the City "shall construct the Centre for opening on or before September 1, 2008 However, this would, obviously, be contingent upon an appropriate review of your specific architectural submissions. It should be stressed that JDS and the City are engaged in a process that has seen a proposal from your company, followed by a counter -offer from the City. It would be difficult to describe what has occurred to date as anything but negotiations. I understand that you have forward the e-mail you sent to me to individual Council Members, and, further, that you have requested a meeting with the Mayor to discuss the details of your proposal. As you are aware, Council directed Alderman Kerrio to be their representative on the Negotiating Committee. As a result, the Mayor has indicated to me that he does not wish to be in conflict with Council's direction and would prefer that you meet with the Negotiating Committee. Alderman Kerrio has agreed to make himself available next week for a meeting. We are under the impression that you will be providing a response to the City's counter proposal for review by our Committee. Presenting a similar proposal, that does not adhere to the principles articulated by Council's direction on September 25 would seem to be futile. Similarly, Council has been explicit in how negotiations are to take place. In addition to the participation of Alderman Kerrio, at its July 31, 2006 In Camera Session, Council clarified that "staff continues to negotiate with JDS and report back Under the assumption that discussions take place next week, the Negotiating Committee would report to Council at the "In Camera" session, on October 30 in accordance with the Municipal Act. Your suggestion that you anticipate making a presentation to Council at its October 30, 2006 meeting is contrary to the process outlined above. At no time has Council directed that negotiations take place in open Council. As a result, no time has been allocated in open Council on October 30th to discuss this matter. Document Request In reference to your request to be provided with a copy of the consultants' PowerPoint presentations from last evening's information session, copies are attached to this e-mail. Regarding your request for a copy of the "Final Report— Risk Assessment for Cytec Canada Inc. Former Niagara Plant Site this is a very large document and we do not have extra copies. The document is available for public viewing in Clerk's Office and at the Public Library. Cc: Mayor Ted Salci 3 urs truly, ii? John MacDonald Chief Administrative Officer October 20, 2006 Community Services Department, Building and By-law Services Inter Departmental Memorandum To: John MacDonald Ed Dujlovic Dean Iorfida Karen Kelly From: John Castrilli Subject: 9268 Lundy's Lane Ken Moore Investigation of Dwelling Unit Date: October 26, 2006 The City of Niagara Falis Canada As directed by Council, I conducted an investigation of the above noted property to follow up on a complaint received. On Thursday, October 12, 2006 at 1:00 p.m. I met with Mr. Ken Moore to conduct an inspection at the premises in question. My findings revealed that there was no construction activity in terms of building or plumbing used to convert the unit into a cottage dwelling. In essence the building was occupied in the state that it was purchased from the previous owner and permits would not have been required. When I questioned Mr. Moore about the use of the dwelling he maintained that his son Adam lives in the building as his residence. He entertains golfers on weekends and also provides golf instructions to friends and guests at the golf course. Most of the guests are acquaintances that he has met in the golf industry who come to Niagara to stay and play. Mr. Moore admitted that the article in "Fore Golfers Only" magazine did not convey this information. In light of the complaint received Mr. Moore wishes to co- operate and has retained Brian Sinclair, QC in conjunction with Chris Cristelli to bring forward an application for a rezoning to a cottage dwelling as indicated on the attached letter of intent provided by Mr. Sinclair. Mr. Moore stated that this forms part of his over all development plan. Further, the Building Division or By -Law Services has no record on file of a complaint being received by Ken Moore or anyone else nor did anyone investigate the construction of a 10' x 10' shed at 6149 Garner Road (Kudlac) property: I have asked that the Planning Department keep my office updated with the progress of the application to ensure that it is brought forward for Councils consideration. If you require any additional information please contact me directly at extension 4257. JC /lk attach. S:1AA -Street Fi1es\Lundy's Lane\9268 Lundy's Lane.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Oct -19 -06 11:19am From —Brian Sinclair QC +9053567772 T -810 P.001 /001 F -788 BRIAN SINCLAIR PROFESSIONAL CORPORATION Sent by Facsimile October 19, 2006 Building Department 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario L2 E 6X5 BRIAN N. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 TEL: (905) 356 -7755 FAX: (905) 356 -7772 Attention: John Castrilli Director Chief Building Official Dear Sirs: Re: Ken Moore 9268 Lundy's Lane, Niagara Falls My File No.: S3089 -001 I have been advised by Ken Moore that he is instructing Chris Cristelli to bring an application for rezoning to cottage dwelling for the above property which will be commenced shortly. I trust that this is satisfactory to the City. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION