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2001/01/22PLANNING MEETING Janua 22~ PRAYER: Alderman Gary Hendershot DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. ITEM NO. 2001- 02 ITEM NO. 2001-03 PLANNING MATTERS Public Meeting Zoning By-law Amendment Application AM-44/2000, 5577 Ellen Avenue Proposed Expansion to the Chalet Motor Inn. Background Material: Recommendation Report: PD-2001-03 - AND - Correspondence from Regional Niagara Correspondence from The Niagara Parks Commission Correspondence from Ann Leith Correspondence from Brenda Hicks Correspondence from Resident (illegible signature) Public Meeting Official Plan & Zoning By-law Amendment Application; AM-42/2000, 5539 River Road Legalization of an Existing Tourist Home Background Material: Recommendation Report: PD-2001-05 -2- - AND - Correspondence from Ken J. Murphy Correspondence from Regional Niagara Correspondence from The Niagara Parks Commission MISC~HANEOUS PLANNING MATTERS Chief Administrative Officer PD-2001-06, Recommendation Report, Creekside Court Draft Plan of Subdivision, File: 26T-11-2000-06; Owner: Mark Dimond. - AND - Correspondence from Steve Barnett Chief Administrative Officer PD-2001-07, Request for Removal of Part Lot Control, Costabile Drive and Francesco Avenue; Block 17 & 18, Registered Plan 59M-273. Chief Administrative Officer PD-2001-08, Request for Removal of Part Lot Control, Spring Blossom Drive, Block 253, 254 and 255, Registered Plan 59M-229. Chief Administrative Officer PD-2001-09, Adult Entertainment & Body Rub Parlour Study. Chief Administrative Officer PD-2001-10, Fallsview Boulevard Street Name Change. PLANNING MATTERS, cont'd. ITEM NO. 2001-04 Public Meeting Zoning By-law Amendment Application AM-37/2000, Metro Capital Group cio Evan Kirsh 3584 & 3574 Bridgewater Street & 3567 Main Street Additions to Willoughby Manor Retirement Residence Background Material: Recommendation Report: PD-2001-04 -3- - AND - Correspondence from the Village of Chippawa Citizen's Committee Correspondence from Fred & Maureen Cade Correspondence from John & Margaret Hinds Correspondence from Frank & Michelle Y. Unger Correspondence from Barry & Irene Beaton Correspondence from Colleen B. Brown Correspondence from Donna Rae Boston Correspondence from Teri J. Salvador Correspondence from Leslie Stuart & Petition Correspondence from Joyce Schefold (In support) Correspondence from Correspondence from Petition in support Corres 3ondence from Cortes 3ondence from Cortes 3ondence from Cortes 3ondence from Corres )ondence from Corres )ondence from Cortes )ondence from Larry P. Stuart (In support) Brett & Sandi Isherwood & The Niagara Parks Commission Morris Hough (In support) Barry & Sheina Viney Regional Niagara Col. James Corry Bond (retd) Kym Cody, Chair, LACAC Nancy Jenkinson REGULAR COUNCIL MEETINR ADOPTION OF MINUTES: Regular Council Meeting of January 15, 2001. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARK~ UNFINISHED BUSINESS Decision of Committee - dated January 8, 2001 in the Hearings regarding Henry DiCienzo Stage 3 Eligibility requirements and his application for a Body Rub Parlour Owner's Licence. Decision of Committee - dated January 8, 2001 in the Hearings regarding Carolyn Fraser Stage 3 Eligibility requirements and her application for a Body Rub Parlour Owner's Licence. w -4- COMMUNICATIONS AND COMMENTS OF THE CiTY CLERK Regional Niagara, Office of the Regional Clerk - Re: Area Municipal Council Representative on The Joint Committee on Governance - requesting Council appoint a Council representative to sit on The Joint Committee on Governance, RECOMMENDATION: That the request be supported. Student Administrative Council (SAC) - Re: Waiving of Fees - requesting that Council consider waiving of the ice rental fee for a Skate-a-thon at the Memorial arena on January 24, 2001 to benefit an "Adopt-a-Minefield charity" in an effort to raise funds to clear minefields and raise awareness about the global landmine crisis. RECOMMENDATION: For Council consideration. Fallsview B.I.A. - Re: Appointment to the Fallsview B.I.A. - requesting Council appoint a second Council appointment to the Fallsview B.I.A. RECOMMENDATION: That Council appoint a second representative to the Fallsview B.I.A. Enbridge Consumers Gas - Re: Natural Gas Franchise - The Consumers' Gas Company Ltd. - requesting an extension to the current franchise agreement for an additional six-month period beyond the expiry date of the Interim Order on February 27, 2001. RECOMMENDATION: That the request be approved. Additional Items for Council Consideration: The City Clerk will advise of any further Items for Council consideration. COMMUNITY SERVICES MATTERS 1. Chief Administrative Officer REPORTS BBS-2001-02, Appointment of inspector, Douglas Evans. CHIEF ADMINISTRATIVE OFFICE MATTERS 1. Chief Administrative Officer CAO-2001-01, Transfer of Hotel, Motel, and Nursing Home Fire Safety Inspections. -5- CORPORATE SERVICES MATTER.~ 1. Chief Administrative Officer 2. Chief Administrative Officer F-2001-04, Budget Schedules for 2001 and 2002. F-2001-05, Municipal Accounts. MISCELLANEOUS MATTERR 1. Chief Administrative Officer 2. Chief Administrative Officer L-2001-09, Plouffe Agreement with the City Arenburg Agreement with the City Building Permits - Testamentary Devise. L-2001-10, Jain Encroachment Agreement with the City; 5720-5724 Stanley Avenue at Forsythe Street. RATIFICATION OF COMMITTEE-OF-THE.WHOLE ACTION~ BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2001-18 To change the name of that portion of Buchanan Avenue, from the southerly limit of Ferry Street to the most southerly limit of Buchanan Avenue and all of Oakes Drive to the name Fallsview Boulevard. 2001-19 To amend By-law No. 93-283, being a by-law to appoint a Chief building Official and Inspectors under the Building Code Act. 2001-20 To designate Blocks 17 and 18 on registered Plan No. 59M-273 not to be subject to part lot control. (Re: Report PD-2001-07) 2001-21 To amend By-law No. 79-200, as amended. (Re: AM-44/2000, DL Enterprises) -6- 2001-22 200t-23 200t-24 2001-25 2001-26 To authorize an Encroachment Agreement, dated November 21,2000, betWeen Vinod Jain and Trisha Devi Jain and The Corporation of the City of Niagara Falls for the purpose of permitting encroachments unto Forsythe Street Road allowance. (Re: Report L-2001-10) To authorize an Agreement, dated January 10, 2001, betWeen Carl Plouffe and Giovanna Plouffe and The Corporation of the City of Niagara Falls regarding application for a Building Permit. (Re: Report L-2001-09) To authorize an Agreement, dated January 12, 2001, betWeen David Arenburg and Catharine Lee Arenburg and The Corporation of the City of Niagara Falls regarding application for a Building Permit. (Re: Report L- 2001-09) To prohibit certain uses of land in the area of the City of Niagara Falls regulated by Zoning By-law No. 79-200, as amended; 1538, 1958, as amended, 395, 1966, as amended; and 70-69, as amended. To authorize monies for General Purposes (January 22, 2001) NEW BUSINESS The City of Niagara Falls C a nad~,~]l Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafal~s.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 F-mail: nfplan@city.niagarafalls.on.ca JanuaD' 22, 2001 Doug Darbyson Director PD-2001-03 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-03, Zoning By-law Amendment Application AM-44/2000, 5577 Ellen Avenue Proposed Expansion to the Chalet Motor Inn RECOMMENDATION: It is recommended that Council approve the application for a proposed expansion to the Chalet Motor Inn at 5577 Ellen Avenue. THEPROPOSAL: An amendment to the Zoning By-law has been requested for the lands known as 5577 Ellen Avenue, the Chalet Motor Inn (See Schedule 1). The applicant is proposing a three-part expansion to the motel as detailed on Schedule 2, that involves: a new 5-storey, 22 unit building; a 2-storey, 9-unit addition to an existing 3-storey wing of the motel; and an expansion to the parking lot that includes an outdoor swimming pool. THE AMENDMENT: The lands are currently affected by three different zonings: a site specific Totuist Commercial (TC- 217) zone and a site specific Parking (P-217) zone that permits the current motel development with the parking located behind the motel along McGrail Avenue. The applicant recently pumhased a contiguous lot to the northeast of the parking lands, which is zoned Deferred Tourist Commemial (DTC), for the proposed parking lot expansion. CIRCULATION COMMENTS: Information concerning this application was circulated to City departments, agencies and the public for comment. Comments received to date indicate no objections to this application; concerns will be addressed through site plan review. Working Together to Serve Our Community Clerk's Finance · Human Resoumes Information Systems Legal Planning & Development January 22, 2001 - 2 - PD-2001-03 PLANNING REVIEW: The following is a brief review of the issues affecting this application: 1. Does the proposal comply with the Official Plan? Generally, yes. The lands are designated Tourist Commercial. The Official Plan states that tourist-related uses to the west of Victoria Avenue shall provide an appropriate transition and relationship with the adjacent residential and institutional uses. Also, publicly accessible uses are to be located within buildings that are built to the street. The proposal at 5 storeys is considered to be a low-rise structure and is well within the Plan's height parameter of 9-12 storeys for this area. The proposed expansion is located on the lands that front onto Ellen Avenue, with parking to the "rear" of the development along McGrail Avenue. With this arrangement, the buildings are well removed from the residential land uses on McGrait Avenue. The parking lot is screened and buffered with fencing and landscaping along the property lines. The proposed 5-storey building will have a swimming pool at the street front. This is not considered to be a use that would engage the public and add to the character and pedestrian activity on the street. It is suggested that the applicant consider constructing a patio along the street in order to add to the streetscape and the activity on Ellen Avenue. 2. Is the proposed amendment appropriate? Yes. The current development is affected bytwo zonings: the Ellen Avenue fronting lands are zoned TC-217 and "rear" lands on McGrail Avenue are zoned P-217. This zoning was applied in this way to ensure that the motel and any subsequent expansions were limited to the original area zoned Tourist Commemial. The proposed amendment is to retain this format and to include relief to building height, to permit the 5-storey building and the 2- storey expansion to the 3-storey wing and to rezone the additional lands P. To summarize, the proposal is to: rezone the TC-217 to a new site specific Tourist Commemial zone and to provide relief to building height; and rezone the P-217 lands and the additional Deferred Tourist Commercial lands a site specific Parking zone. The amending by-law has been placed on Council's agenda tonight in order to expedite approval. 3. Are there any site planning issues? An application for site plan approval has been received for this development. Currently, review comments have revealed no major concerns other than dedication of a 7.0 foot road widening across McGrail Avenue. It is anticipated that the applicant will satisfy all staff concerns shortly. January 22, 2001 - 3 - PD-2001-03 CONCLUSION: Based on the foregoing, the application can be supported. The proposal does not offend the Official Plan and the proposed zoning should provide for the appropriate transition between the tourist uses and the established residential uses to the west. Planner 2 Edward P. Lustig Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:ko Attach. S:~PDR~2001 ~PD2001-03.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 5577 Ellen Avenue Applicant: DL Enterprises AM-44/2000 I:NT$ SCHEDULE 2 ~ 7,¸ SITE PLAN DATE: TO: SUBJECT: THE REGIONAL MUNIC~ALITY OF NIAGARA Jan,uary 10, 2001 Pat Busnello Planning and Development Department Public Meeting Zoning By-law Amendment (AM-44/2000) Proposed: Addition to Chalet Motor Inn Applicant: DL Enterprises 5577 Ellen Avenue City of Niagara Falls Our File: D.10.000.2 (AM-44/2000) We have no objection to the zoning by-law amendment to permit the following: · a three-part expansion to the motel that involves a new five-storey, 22-unit building · a two-storey, 9-unit addition to an existing three-storey wing of the motel · an expansion to the parldng lot that includes an outdoor swimming pool ~illiam, J/~tevens, C.E.T. Supervis%r Development Approvals DR/cm L:\Engineering-Planning-and-Dcvelopment\Rusnak- Dave\Niagar a Falls\3310.p.busnello.memo.doc Ken Mech, Planning Department, City of Niagara Falls wo Niagara rks The Niagara Parks Commission Box 150, Niagara Falls, Ontario, Canada L2E 6T2 0ntado Brian E. Merrett John A.M. Kemahan E-Mail: npinfo~niagaraparks.com Web Site: http://www, niagaraparks.com Telephane 905/356-2241 Fax 905/354-6041 January 12,2001 Mr. Doug Darbyson Director, Planning & Development City of Niagara Falls P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Sir: Re: AM-4412000 Chalet Motor Inn 5577 Ellen Avenue Thank you for notification of this application. This proposed development is outside the jurisdiction of The Niagara Parks Commission and the Niagara Parks Act. We therefore have no comments. Yours truly, David Gillis, M.A.A.T.O. Manager Planning & Properties DG:cp RECEIVED JAN 1 7 2001 PLANNING ._&.DEVELOPMENT Janum'y 17, 2001 4951 Walnut St Niagara Falls, Ontario L2G 3N 1 Dear Sir or Madam: I am writing this letter to protest the upgrading that the Chalet Motel on Ellen Ave. wishes to do. · There are many masons why they should not be given the permission that they want to add to the existing buildings as well as adding a 5-storey addition to the property. Since the casino came into being them have been many changes in our neighborhood. We have parking lots that have developed and this in itself is a major concern We have bus traffic going up and down Walnut St. even though there is proper signage posted at both ends of the street. Since the Chalet motel has put in the new parking lot (at rear of property) they have lighting that lights up the street as if it is ~ Even though we are on the other side of the street I can just image how those that have their backyards against the parking area feel. In the summer months the traffic is heavy in this area. Walnut and McGrail are used as a pass-through, not only by tourists, but also by buses and even by the casino shuttles. It is a speed zone. If this project is to go through it will add to our traffic problem~ A motel doesn't shut down for the night. We have young children in the area and my biggest fear is that they will dart on to the road. I have seen this happen. The noise level is also a problem. We can hear everything that is going on from Clifton Hill area to Pumps Night Club. In the summer especially when you don't have air conditioning and the windows are open we can here the music from one of the bars on Clifton Hill and from Pumps. If the Chalet Motel intends to put the pool in the back (of property) that means the noise level from that area will be heard in the whole neighbourhood. I feel that this would not be in the best interest of the neighbourhood. I have Iived in this area for 28 years and have seen the changes. It used to be a quiet peaceful neighborhood. The bottom line is that I am not in favour of the Chalet Motel proposal. Sincerely, Brenda Hicks January 2001 RE: CHALET MOTEL PROPOSAl ~iI~t. FI~LLS CLERKS~ ';~i Oi i8 i5:i0 I am writing this to explain my concerns about the Chalet Motel expansion proposal. We are not gravely concerned about the expansion on Ellen Ave., since this is not directly associated with our lots. However, we are concerned about the development at the sides and rear of the Chalet Motel property. CONCERNS ABOUT CHALET INN EXPANSION: · HEIGHT - The hotel will stick out (5 stories) noticeably against the residential houses in the area. What does the bylaw state? The neighbourhood is still mostly residential, to the sides and rear of the Chalet motel. The neighbouring motels are only one or two stories high. The only one that is of noticeable height, is the Hampton Inn, which is located on corner of Walnut St. and Victoria Ave.. · LIGHTING - The newly-installed motel lights are much TOO BRIGHT and~ in the neighbourhood (which is highly residential). The lighting shines on most backyards and streets in the neighbourhood, It is very annoying to many. Is it possible to lower the light fixtures? What about post lighting, that is only 3 or 4' tall? There are also orange lights available. · TRAFFIC - There are "NO BUSES" signs posted on Walnut and McGrail streets. We are concerned about increased traffic due to the expanded motel. There are many children in this neighbourhood. Safety and noise are issues. · A SWIMMING POOL will be added to the rear of the motel. Some are concerned about the noise levels dudng the warmer months. Many backyards are in the vicinity of this pool area. Will their be music noise as well? What if the pool were located in an enclosed room? · · Please consider our viewDoirlt~ when deciding on this proposal. We have lived here a long time and enjoy the area. Please help us keep some privacy and safety in our neighbourhood. There are still many home owners here!! Thank you very much!! -1- TABLE GAME6 6CHEDULING ID=9~5 358 6796 P.~2 01-22-01 Gordon DeBi~si 4938 Walnut Street Niagara Falls, Ontario To whom it may concern; Having lived in the vicinity of thc many hotels and motels that populate our city, I am accustomed to the ever-changing and expanding efforts of these business people. However, I am concerned with the expansion efforts of one property that directly effects me both personally and professionally. The Chalet motor inn has begun construction in their parking lot, in an effort to incorporate a swimming pool for their guests. The pool's foundation has been poured directly behind the rental property I own, which neighbor's thc house I live in with my aging father. Currently, there is no fence between my two properties and Thc Chalet's, as the fence I had in place was removed by the motel. My concern with the introduction of a pool in that particular location is the comfort of my tenants. As excessive noise and activity must be expected around a pool, ~ am concerned of the negative effect it may have on my renting this property out to prospective tenants and on my ability to keep existing tenants satisfied enough to stay. I also have a concern with the existing lighting in thc parking lot of The Chalet's property. These lights are extremely bright and, while I can appreciate the security issues they address, they do intrude upon both of the properties I mentioned above, as well as another property i own three houses away. Shining directly into all three homes, they make it impossible for anyone to get a good night's sleep. I would like to thank you for addressing my concerns in a fair and equitable manner. Niagara Falls llldw Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca January 22, 2001 Doug Darbyson Director PD-2001-05 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-05, Official Plan & Zoning By-law Amendment Applications AM-42/2000, 5539 River Road Legalization of an Existing Tourist Home RECOMMENDATION: It is recommended that Council approve the applications to legalize an existing 8-unit tourist home at 5539 River Road conditional upon the applicant satisfying Ontario Building Code and Ontario Fire Code requirements prior to the licensing of the establishment for any number of units above those currently licensed. THE PROPOSAL: An amendment to the Official Plan and Zoning By-law have been requested for the lands known as 5539 River Road, on the northwest comer of Eastwood Crescent (see Schedule 1). The lands are currently occupied by an 8-unit tourist home known as the Eastwood Tourist Lodge (see Schedule 2). The tourist home has been in existence as such since 1979. Recently a complaint was received regarding its non-compliance with the Official Plan and Zoning By-law. ]'he proposal seeks to legalize the establishment. THE AMENDMENTS: The lands are currently designated Residential under the Official Plan. The applicant has requested that a Special Policy Area designation be applied to the lands for a "tourist home with 8 rentable units". The R2 zoning of the lands is proposed to be amended site specifically Co reflect the proposed Official Plan Amendment. CIRCULATION COMMENTS: Information regarding this application was circulated to City departments, agencies and the public for comment: Working Together to Serve Our Community Clerk's Finance Human Resources · Information Systems Legal Planning & Development January 22, 2001 - 2 - PD-2001-05 · Municipal Works No objections. · Parks, Recreation & Culture No objections. Building & By-law Services The building is to be reviewed by an architect to meet all requirements of the Ontario Building Code for a hotel use/occupancy. · Fire Department Does not support the application at this time. The building does not satisfy the definition of a bed & breakfast. A review by an architect is required to properly classify the building. The building may be required to satisfy the requirements of the Ontario Fire Code, section 9 or Reg. 640 (Hotels). A building permit or change of use permit may be required. · Niagara Parks Commission Parking to remain at the rear of the property. The exterior of the building is not to be altered. No additional signage or alteration of the existing signage be done without NPC approval. · Regional Public Works No objections. PLANNING REVIEW: The following is a summary of the issues affecting this application: 1. What is the history of this development? Since 1961, according to the applicant, the original dwelling has been licensed for four guest rooms. A three-storey addition was constructed in 1978. A review of the records in Building and By-law Services indicates that in 1980, the building was inspected by municipal law enforcement which revealed four rooms for tourists plus one room in the basement which was being used by a family member. This was determined to be in accordance with the R2-2 zoning that affects the property. January 22, 2001 - 3 - PD-2001-05 Is the proposed Official Plan amendment appropriate? Yes. The lands are designated Residential under the Official Plan. Although the policy affecting bed and breakfast accommodations (B & B's) does not contain any density provisions, virtually all previous applications have been for B & B's that have not more than three rooms. Such establishments usuallyrequire a modest amount of renovation to meet the standards of the Ontario Building Code and the Ontario Fire Code and, depending on their location, have little impact on the surrounding residential neighbourhood. In fact, the intent and purpose of the policy is to ensure that the character and identity of the neighbourhood adjacent to the lands in question is not jeopardized. When considering B & B's, the proposal must be assessed as to its location, size and traffic generation. Because the applicant has applied to have eight guest rooms, the size and potential impacts on the neighbourhood require it to have an amendment to the Official Plan. Whether the amendment proposed is appropriate is dictated by the development's compatibility with the neighbourhood. The proponent has stated in the application that the tourist home has operated with ten guest rooms since 1979. In this time, compatibility has been achieved with the surrounding neighbourhood which can be attributed to its location at the northwest comer of River Road and Eastwood Crescent. This area, extending both north and south along River Road, is occupied by numerous large dwellings, some of which operate as B & B's. Therefore, the size of the building (1,924 square feet, 2½ to 3 storeys) is not out of character with the adjacent buildings. Traffic generation into the neighbourhood to the west would be minimal as the driveway access onto Eastwood Crescent provides ready accessibility to River Road. The size of the subject lands accommodates the required nine parking spaces. Based on this, the proposed amendment to the Official Plan appears to meet the intent and purpose of the B & B policy. Is the proposed zoning by-law amendment appropriate? Yes. The lands are currently zoned R2-2. This zoning, which also applies to lands east of the CP Rail between Hiram Street and Morrison Street, permits a fi)ur-unit B & B. The applicant is seeking to obta'm a site specific R2 zoning to permit an eight-unit tourist home. This is an appropriate zoning as it is in keeping with the proposed Official Plan amendment. No modifications to the standard R2 regulations have been requested. Are there any other issues affecting the application? Yes. As noted above, the applicant will have to have an architect review the tour/st home and determine the extent of renovations that are required to meet both Building Code and Fire Code requirements. Essentially, the issue is that the Building Code defines a B & B as a building that has no more than three rooms for tourists. Any number above three, and the building is considered to be a hotel, which means that the life and fire safety requirements are more stringent. The concerns of Building and By-law Services and the Fire Department are to be satisfied prior to the licence being issued for any number of units above those which are akeady licensed. January 22, 2001 - 4 - PD-2001-05 CONCLUSION: Based on the foregoing, the proposed amendments to the Official Plan and Zoning By-law can be supported. Although the development is beyond what the Official Plan envisages for B & B's, the tourist home has achieved compatibility with its neighbourhood due to its location and the nature of the neighbomhood. John ~/a~'nsley Planner 2 R~ect fully submitted: Edward P. Lustierlye (~leflcer Chief Administrative Officer~ Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:gd Attach. FILE: S:~PDR~200 I~PD2001-05.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Official Plan & Zoning By-law No. 79-200 5359 River Road ~ Applicant: Mr. and Mrs. Jerry VanKleef AM-42/2000 I:NTS DATE: TO: SUBJECT: THE REGIONAL .~FL ~4ICIPALITY OF NIAGARA MEMORANDUM January 9, 2001 cOV Pat Busnello Planning and Development Department Public Meeting Zoning By-law Amendment AM-42/2000 Legalize 8 Bedrooms for Tourists (Eastwood Tourist Lodge) Applicant: Mr. and Mrs. Jerry Van Kleef 5359 River Road City of Niagara Falls Our File: D.10.000.1 We have no objection (with a 3-storey masonry addition) to provide up to 8 bedrooms for tourists· · iam J. S~e~s, C-.E.T. Supervisor Development Approvals DR/cra L:\Engineering-Planning-and-Development\Rusnak. Dave\Niagara Falls~308.p.busnetlo.memo.doc c: Ken Mech, Planning Department, City of Niagara Falls to the rezoning in order to permit the existing 2 IA-storey brick dwelling wo Niagara rks ~ & OEVEL~ The Niagara Parks Commission E0. Box 150, Niagara Fails, Ontario, Canada L2E 6T2 Ontario Brian E. Merrett Chaim~an John A.M, I(emahan 6meral Ma~agw E-Mail: npinfo@niagaraparks.com Web Site: http://www.niaoaraparks.com Torephone 905/356-2241 Fax 9~5/354-G041 January 10, 2001 Mr. Doug Darbyson Director, Planning & Development City of Niagara Falls P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Sir: Re: AM-42/2000 Eastwood Toudst Lodge 5359 River Road Thank you for notification of the above noted application. The Niagara Parks Commission has no objection to this application to legalize an existing 8 bedroom tourist home at 5359 River Road, provided that the following conditions are adhered to: a) that the parking for the tourist home remains in the rear of tile home b) that the exterior of the tourist home is not altered c) that no additional or changes to existing signage will take place without NPC approval d) that this application will be a site specific by-law provision We would appreciate a copy of the councils' decision on this matter. Yours truly, David Gillis, M.A.A.T.O. Manager Planning & Properties DG:cp REC EIVE 2001 ~,~NING From: To: Date: Subject: Davis Daley: Janet Kuipers Davis Daley 1/18/01 3:25PM Re: 5359 River Rd.Amendment from Davis Daley Thank You for responding to my request for clarification. I was able to unscramble a portion of your earlier file and forward it to the Planning & Development department. I will forward this message as well to ensure that your objections / comments have been heard in regards to this property. I will forward this message to Terry Chambers of the Planning & Development department and she will ensure it gets to the appropriate personnel. Thank you for your interest Janet Kuipers Janet Kuipers GIS Administrator City of Niagara Falls >>> Davis Daley <djdaley@attcanada.ca> 01/18/01 08:52AM >>> Hello Janet, Unfortunately, I do not know the format of the letter that I sent as an attachment. I have a Macintosh computer and I wrote the letter in a program called Write Now. If I can remember what I put down in that letter quickly, often the additions to tourist homes do not fit the original building and they look like a concrete bloc motel addition. There will be increased traffic, care, noise, air pollution and the addition will take away from the natural esthetics of the drive along River Rd. My neighbour, right on the corner of River Rd. and Offer St., won an amendment to add an additional 4 rooms to his so called Bed and Breakfast a couple of years ago. The home already had an ugly 4 bedroom addition on the back of it. When you see it out my living room, dining room and kitchen windows, it is hard to imagine why city council approved an additional addition to be added to the rear of this single family home in a single family residential area. If the owner were to put this addition on. the "home" would be at least 60-70 long extending well back into the rear yard with the remainder of the yard being paved over. I know the language of the amendment says that the total of rooms will now be 8 but in actual fact, there will be 12 rooms, if you take the original 4 bedrooms in the home. To me 12 rooms qualifies as a motel and not a Bed and Breakfast. HOme owners in this area of Niagara FAils are gradually fixing up their homes but they will cease this if they continually get these large tourist homes being added to here and there creating ugly views. It is visual pollution. That what I look out at all the time. It has to be stopped. These additions push the buildings right out to the edge of properties and there is no teem for greenery-just concrete and black top. I think that is what I basically said in the letter. Janet Kuipers wrote: > Davis Daley: ~{ Terry"Chambers - Re: 5359 R~ver Rd.Amendment from Davis Dal.e~ Page 2 > The City of Niagara Falls - Planning & Development department is > experiencing some problems opening the document you forwarded to them · on the 16th of January in regards to your objection to an addition at 5359 Rive~' Road. · Could you please let me know what format the file was sent in so we can try to import it. · At this time we have been unable to view the file to record your objection. > Janet Kuipers · Janet Kuipers > GIS Administrator > City of Niagara Falls · >>> Davis Daley <didalev~attcanada.ca> 01/16/01 02:19PM >>> > Hello, I called by phone from London Ont. and it was suggested that I > email this formal objection to the planned addition to 5359 River Rd. > Please see the attached letter. · Thank you. Davis Daley CC: Terry Chambers The City of niagara Falls II!~ Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca January 22, 2001 Doug Darbyson Director PD-2001-06 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2001-06, Recommendation Report Creekside Court Draft Plan of Subdivision File: 26T-11-2000-06 Owner: Mark Dimond RECOMMENDATIONS: It is recommended that: 1) the Creekside Court Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: The subject land is at the west end of Front Street, north of the Welland River and southwest of Portage Road (see the attached location map). The applicant proposes to subdivide a 0.569 hectare (1.41 acre) site into 5 single-detached lots. The roadway is an extension of Front Street in a cul-de- sac design. The proposed subdivision layout is shown on Schedule 2. 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 December 11, 2000. Concerns were raised regarding the lack of storm sewers in the area and flooding. Working Together to Serve Our Community Clerk's , Finance · Human Resources Information Systems Legal Planning & Development January 22, 2001 - 2 - PD-2001-06 PLANNING REVIEW: Various matters were considered in assessing the proposed plan of subdivision. Based on this analysis, approval is recommended subject to typical conditions associated with urban development. The review of the plan is addressed under the following headings. Official Plan, Zoning By-law and Subdivision Design The City's Official Plan designates the property Residential which permits a variety o fhousing types. The subdivision is located within the Chippawa Community in an area that contains a mix of housing types and lot sizes. Several very deep lots are located north of the plan and along the existing section of Front Street. There arehomestothewestonaprivatelanewaywithprivateservices. The Official Plan promotes a compatible mix of housing types and variety of lot sizes to provide a full range of housing opportunities. This proposed infill subdivision should be compatible with existing development in the area. The site and surrounding neighbourhood is zoned R2 (Residential Single Family and Two Family) through Zoning By-law 79-200, as amended. All of the subdivision lots satisfy the size requirements for the proposed singie-detached dwellings. Lots 1 and 5 have sufficient frontage to accommodate semi-detached dwellings. There is the potential for the creation of future residential lots along the north side of Front Street (as extended) adjacent to this subdivision. The cul-de-sac bulb in front of Lot 1 has been revised by staff to allow the abutting land the opportunity for access to the roadway. Negotiations between these landowners and the subdivision developer, as well as consent (severance) applications, would be necessary for any such lots to proceed. A condition is included for a one-foot reserve in this area to control roadway access. Servicing The developer is required to extend municipal services (water and sanitary sewers) to the land from beyond the limits of the subdivision. The City is in the process of rehabilitating watermains in the area and anticipates replacement of the Front Street watermaln later this year. The sanitary sewer on Front Street is intended to be replaced by the municipality this year as well. The storm sewer system in this area is a combination of roadside ditches and corrugated steel pipe. The proposed development is required to provide a stormwater management plan and examine options (such as utilizing the Welland River as an outlet) for the treatment of stormwater. The subdivision will not aggravate the existing conditions in the area. Sidewalks are not located along Front Street presently and none are requested within the subdivision. Regional Comments Standard conditions for servicing have been requested by the Regional Public Works Department to allow development of this subdivision. The Regional Planning Department has reviewed the proposal with regard to the Regional Policy Plan and also the interests of the Ministry of Municipal Affairs and Housing, Ministry of Environment, Ministry of Natural Resources and Ministry of Citizenship, Culture and Recreation. January 22, 2001 - 3 - PD-2001-06 A stormwater management plan incorporating sedimentation and erosion controls is required. Given the distance separation and the small scale of this development, there should be minimal impact on the Provincially significant wetland and fish habitat associated with the Welhmd River to the south. There is the potential for dust from Norton Advanced Ceramics to the north and a warning clause is included as a condition of approval. This site along the Welland River has a moderate to high potential for archaeological remains. Therefore, the Region has requested an archaeological assessment of the land prior to any soil disturbances. Agency Comments Ontario Power Generation Inc. owns abutting land to the south and has requested conditions regarding fencing, drainage and restricting access to their property. Canada Post has indicated that the existing door-to-door delivery provided for the adjacent homes will be extended for the subdivision. In addition, the developer will be required to enter into separate agreements with several utility companies. CONCLUSION: The Creekside Court Draft Plan of Subdivision is an appropriate development of the site. The application complies with the policies of the Official Plan and the land is currently zoned to permit the proposed single-detached use. The development should be compatible with the existing uses in the area. The required conditions of approval are listed in the Appendix. Richard Wilson Planner 2 Respectfully submitted:: Edward P. Lustig Chief Administrative Officer Recommended by: oug Darbyson irector of Planning & Development Approved by: Tony Ravenda / Executive Director of Corporate Services RW:tc Attach. FILE: S:~PDR~2001 ~PD2001-06,wpd January 22, 2001 - 4 - PD-2001-06 APPENDIX Conditions for Draft Plan Approval Approval applies to the Creekside Court Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated October 4, 2000, and subsequently revised by the City on January 22, 2001, showing 5 lots for single-detached dwellings. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the propose ofenfoming such conditions. 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. The subdivision be designed and constructed in accordance with the City's Subdivision Policy which, in part, includes the following: a) b) c) d) e) dedication of the road allowance to the City as public highway and the streets named to the City's satisfaction; construction of 8.0 metre wide roadwaypavement extending into the cul-de-sac with a minimum radius of 14.32 metres (47 fee0; provision of water distribution, sanitary sewer and storm sewer systems including a major and minor storm sewer design concept and connection to existing municipal services beyond the limit of the plan; provision of an overland flow route in the subdivision design; and application of the City's Lot Grading and Drainage Policy. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. The developer provide a 0.3 metre reserve to the City along the northerly boundary of the plan from the easterly limit to Lot 1 in order to control access from the abutting properties. The developer grant the City and Public Utilities any easements required to service the subdivision. 8. The developer pay the City cash-in-lieu of 5% parkland dedication. 9. The developer provide boulevard trees in accordance with City policy. 10. The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter to the City's Planning and Development Department confirming that all lots comply with the Zoning By-law. January 22, 2001 - 5 - PD-2001-06 11. The developer provide six copies of the pre-registration plan to the City's Planning and Development Department and a letter stating how all the conditions imposed have been or are to be fulfilled. 12. The design drawings for the water, sanitary sewer and storm sewer facilities for this plan be submitted to the Regional Public Works Department for review and approval. 13. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing for this development. 14. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning Department acknowledging that draft approval is not a commitment of servicing allocation by the Region as this servicing allocation, if available, will be assigned at the time of final approval of the subdivision for registration. 15. Immediately following notice of dratt plan approval, the developer provide the Regional Planning 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. 16. The developer submit a stormwater management report, prepared and certified by a qualified professional engineer in accordance with the Ministry of Environment's "Stormwater Management Practices Planning and Design Manual" (June 1994) and. incorporating erosion and sedimentation control measures, to the Regional Planning Department for review and approval, and that the report's recommendations be implemented through provisions in the subdivision agreement. 17. The developer conduct an archaeological assessment of the property and mitigate, through preservation or resource removal, adverse impacts to any significant archaeological resources found. No demolition, grading, or other soil disturbances shall take place on the subject propertyprior to the issue ora letter from the Ministry of Citizenship, Culture and Recreation and the Region to the City indicating that all archaeological assessment or mitigation activities have met licensing and resource conservation requirements. Note: A copy of the archaeological assessment report is to be submitted to the Regional Planning Department for information. 18. The following waming clause be included in the subdivision agreement and inserted in all offers and agreements of purchase and sale: "Prospective purchasers are advised that due to the proximity of the Norton Advanced Ceramics of Canada industrial operation to the north, nuisance impacts due to dust associated with this industry may occasionally interfere with some activities of the dwelling occupants". 19. The lot grading and drainage plan showing existing and proposed grades be submitted to Ontario Power Generation Inc. for review and approval. January 22, 2001 - 6 - PD-2001-06 20. The requirements of Ontario Power Generation Inc. for the developer to install temporary fencing prior to construction and permanent fencing after construction along their property line, and that Ontario Power property is not entered or used without written permission, shall be addressed through the inclusion of clauses in the City's Subdivision Agreement to the satisfaction of Ontario Power Generation Inc. Clearance of Conditions Prior to granting approval to the final plan, the City's Planning and Development Departmem requires written notice from applicable City Departments and the following agencies indicating that their respective conditions have been satisfied: - Regional Niagara Public Works Department for Conditions 12 and 13 - Regional Niagara Planning and Development Department for Conditions 14, 15, 16, 17 and 18 - Ontario Power Generation Inc. for Conditions 19 and 20 Proposed Plan of Subdivision Creekside Court 26T-11-2000-06 Location Map Subject Land I' I I:NTSI SCHEDULE 2 'l'he City of Nl~g~ro R311s Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls,on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca January 22, 2001 Doug Darbyson Director PD-2001-07 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-07, Request for Removal of Part Lot Control Costabile Drive & Francesco Avenue Blocks 17 & 18, Registered Plan 59M-273 RECOMMENDATIONS: It is recommended that: 1) Council approve the request and pass the appropriate by-law to designate Blocks 17 & 18, Registered Plan 59M-273, as exempt from Part Lot Control; and 2) the applicant be required to notify the City when the separate deeds, as described in this report, have been registered in order for the by-law to be repealed. PLANNING REVIEW: The applicant (527786 Ontario Limited) has submitted a request to remove properties on Costabile Drive and Francesco Avenue from Part Lot Control (see attached location map). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi- detached or on-street townhouse units. The subject land is within the Meadow Creek (Phase 2) plan of subdivision which was registered in January 2000. This subdivision was designed with these 2 large blocks for future residential development. At the time of original submission, the applicant had not determined the most marketable lot sizes for the blocks and the existing zoning permitted both single and semi-detached dwellings. The staff recommendation for subdivision approval indicated that any development of the blocks would require notification of residents and a public meeting. The developer now proposes to create 14 single-detached lots as shown on the attached draft Reference Plan. The surrounding property owners have been advised of the proposal and invited to comment at tonight's meeting. Working Together to Serve Our CommunRy Clerk's · Finance Human Resources · Information Systems · Legal Planning & Development January 22, 2001 - 2 - PD-2001-07 The land has subsequently been zoned R1E (Residential Single Family) in accordance with Zoning By-law 79-200, as amended by site specific by-law 99-148. The proposed single-detached lots comply with the zoning requirements for lot size and should be compatible with existing and future residential development in the area. The Reference Plan also shows stormwater easements to be granted to the municipality. All other requirements for the development of the land have been addressed through the review and approval of the Meadow Creek (Phase 2) subdivision. CONCLUSION: The removal of Part Lot Control will permit the division of the land to create 14 new single-detached lots. The Regional Planning Department has noted concerns with the use of Part Lot Control for this proposal. The consent (severance) or subdivision process is the more appropriate Planning Act mechanism for new lot creation. However, the original subdivision was reviewed with the intention of future building lots on these blocks, all development issues are addressed and the public has been advised of the proposal. Given the circumstances, the removal of Part LOt Control can be considered acceptable in this instance only and will not be utilized in the future to create new lots. The applicant should advise the City when the land transactions described in this report have been completed in order to repeal the Part LOt Control by-law. If Council approves the recommendations of this report, the appropriate by-law to designate the land as exempt from Part Lot Control is included in tonight's Council agenda. Prepared by: Richard Wilson Planner 2 Respectfully submitted: Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:gd Attach. FILE: S:~PDR~2001~PD2001-07.wpd Removal of Part Lot Control Costabile Drive & Francesco Avenue Blocks 17 & 18, Registered Plan 59M-273 Location Map Subject Land SCHEDULE 2 ', ' ~ ~ I~ o - · ' ' ~ "~ ~ ~'/v "~~.°stobije ..... ~ ~' - ~ ~1 ~ ~ ' Block 2 ~t ~~ ....... , .............. ,._ / _~ _ ~,~ ~ ~o~ ~ ~o~k ~o P{on 59~-273 I 6 I 7 I S I 9 I /0 ~ ~ ~ ~ ~ ~-,,. 11 Barrett Crescent Su~e~ng Qmi[ed Niagara Falls Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6×5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.nlagarafalls.on.ca Doug Darbyson Director PD-2001-08 January22,2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' PD-2001-08, Request for Removal of Part Lot Control Spring Blossom Drive Blocks 253, 254 & 255, Registered Plan 59M-229 RECOMMENDATIONS: It is recommended that: 1) Council approve the request and pass the appropriate by-law to designate Blocks 253, 254 & 255, Registered Plan 59M-229, as exempt from Part Lot Control; and 2) the applicant be required to notify the City when the separate deeds, as described in this report, have been registered in order for the by-law to be repealed. PLANNING REVIEW: The applicant (800460 Ontario Limited) has submitted a request to remove properties on the south side of Spring Blossom Drive from Part Lot Control (see attached location map). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Contxol is for the minor redesign of subdivision lots or the separation of semi- detached or on-street townhouse units. This application is part of the approvals necessary for the overall development concept proposed for the subject land and abutting motel property to the south (see attached Sm'veyor's Sketch - the subject land is shown shaded). The blocks are within the Orchard Grove Estates plan of subdivision which was registered in August 1996. This plan was designed with these blocks for future residential development surrounding the oddly-configured motel land. This layout was intended to permit a coordinated development of both properties to create future residential lots with frontage on Spring Blossom Drive. The two property owners propose to create 3 new single-detached residential lots and enlarge an existing lot within the subdivision. Although the proposed lots are not as deep as the abutting residential lots, there is sufficient separation fi'om the Lundy's Lane tourist commercial uses. The proposal should be compatible with the surrounding properties. Working Together to Serve Our Community Clerk's Finance · Human Resoumes · Information Systems · Legal Planning & Development January 22, 2001 - 2 - PD,2001-08 Council recently approved the transfer of the City's reserve (Block 255) along Spring Blossom Drive to the applicant (By-law 2001-12). This reserve was put in place to control access to the land until a comprehensive de~elo_Eme__ntE[9Posal for this section of the subdivision was considered. The City's Committee of Adjustment has granted conditional approval to severance applications that would divide the motel property as shown (Files B45/2000/NF and B2/2001/NF to B4/2001/NF). Council is scheduled to consider a Zoning By-law Amendment (AM-45/2000) on February 12,2001 to change the northerly portion of the motel property (Parts 2 to 5 on the sketch) from TC (Tourist Commercial) to R1E (Residential Single Family). This is the same zoning category as the abutting subdivision land and the proposed lots would satisfy frontage and area requirements. CONCLUSION: The removal of Part Lot Control will permit the division of the land for future residential lots in combination with abutting property. The use of this Planning Act mechanism is appropriate. This application, together with the related severances and rezoning, will address all issues for the proposed development of the land. Prepared by: Richard Wilson Planner 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:tc Attach. FILE: S:~PDR~2001WD2001-08.wpd Removal of Part Lot Control Spring Blossom Drive iBlocks 253, 254 and 255, Registered Plan 59M-229 Location Map Lund~s Lane Subject Land 1: NTS SCHEDULE 2~ - KEY PLAN SPRING BLOSSOM ... P,.~=~, lo ~--~ ~ ~ . SPRING BLOSSOM DR~ -~ ~..~1~~~/ ~ l I I //~ ~ I /~ I .,:., , PAR~ 1 ~/~/~ ~, , ~.~u.j~:~o . , PART OF STAMFORD TO.SHIP """ LOT 133 & LOT 1 & 2, PLAN 132 ~t~ ~ ~e~ ~ Q~ t ~ CI~ OF NIAGARA FALLS ~ )Jm~Q REGI~AL MUNICIPAU~ OF NIAGARA ? 'p , .,,- ~. I~"" ~,. I'~ ,:~oo i~ ~ooo m~. ~ F,,, Niagara Fails ~!~ Cana l Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-752t Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-09 January 22, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-09, Adult Entertainment Parlour & Body-rub Parlour Study RECOMMENDATIONS: It is recommended: 1) that the Butler Group Consultants Inc. be retained to undertake the Adult Entertainment Parlour and Body-rub Parlour Study; and 2) that an interim control by-law be passed to allow for the completion of the Adult Entertainment Parlour and Body-rub Parlour Study prior to any new applications being submitted. BACKGROUND: On October 30, 2000, Council passed a resolution to proceed with the hiring of a planning consultant to undertake a study of adult entertainment and body-mb parlours in order to identify appropriate locations for same. Having canvassed the experience and qualifications of various consulting finns, staff recommend the Butler Group from Toronto to undertake the study. A work programme has been prepared with staff contributing to background research and mapping to assist the consultant and reduce costs. The consultant will evaluate the City's current approach for locating body-mb and adult entertainment parlours, the strengths and weaknesses of existing regulations and various alternatives or options for siting new facilities. The consultant will prepare a report at the conclusion of the study and make a formal presentation to Council with recommendations regarding appropriate options. Council will then be in a position to direct staff as to the changes required to the Official Plan, zoning and licensing documents to implement the study findings. Working Together to Serve Our Community Clerk's Finance · Human Resoumes · Information Systems · Legal planning & Development Sanuary 22, 2001 - 2 - _~PD:2001-09 The notion of adopting an interim control by-law is made for the express purpose o fmaintaining the status quo while the study is being undertaken. There are four adult entertainment parlours currently in existence. These uses would be exempted from the provisions of the interim control by-law. Similarly, there ar; four prop°sed body-rul} pari~ur~hi;b are i~ the~Pr0cess of aPplying for a body- mb parlour owner's licence. The ~ntenm control by-law will exempt these site specific application~ m order for them to proceed. The by-law appearing on this evening's agenda identifies the aforementioned exceptions. The interim control by-law will be in effect for one year or until the study is completed. Prepared and recommended by: Dong Darbyson Director of Planning & Development Respectfully submitted: Edward P. Lustig Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services DD:tc S:~PDR~2001 ~PD2001-09.wpd Niclgorcl Foils Tel: E-mail: Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca (§05) 356-2354 nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-10 January 22, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-10, Fallsview Boulevard Street Name Change RECOMMENDATION: It is recommended: 1) that the by-law authorizing the street name change be adopted; and 2) that the Streetscape Master Plan incorporate the historical significance of the names Buchanan, Oakes and others within designated "celebration places". BACKGROUND: Council approved in principle the renaming of Oakes Drive and a part of Buchanan Avenue to Fallsview Boulevard on January 15, 2001. A further meeting between staff, the Fallsview BIA and Jim Mitcheson was convened on January 18 to determine how the historical significance of the Buchanan and Oakes names could be represented. It was agreed that the Streetscape Master Plan provided the perfect oppommity for delving into the City's history through the creation of markers and celebration places. Historical groups, including LACAC and the Lundy's Lane Historical Society, will be invited to provide further input into the Master Plan study. Prepared and recommended by: Doug DarlSyson Director of Planning & Development Respectfully submitted: Edward P. Lustig Chief Administrative Officer Tony Ravenda Executive Director of Corporate Services DD:tc S:~PDR~2001~PD2001-10.wpd Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems Legal Planning & Development Corporate Services Department The Ci~ of Niagara Falis~ PI.nnlng &DeveloPment -- ~ Fi~.- 4310 Queen Street ~clrl~,~m~w P.O. Box 1023 ~ ~ -- Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: E-mail: 905) 356-7521 nfpla n@city.niagarafalls.o n.ca O6Ug Darbyson Director PD-2001-04 January 22, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-04, Zoning By-law Amendment Application AM-37/2000, Metro Capital Group e/o Evan Kirsh 3584 & 3574 Bridgewater Street & 3567 Main Street Additions to Willoughby Manor Retirement Residence RECOMMENDATION: It is recommended that Council deny the requested Zoning By-law amendment which would permit the construction of a 4-storey, 50 unit addition on the east side of the senior citizens' residence. THE PROPOSAL: An amendment is requested for 3 parcels of land. Parcel 1 is known as 3584 Bridgewater Street and contains the Willoughby Manor Retirement Residence. The Manor is 3 storeys in height, including the basement, and contains 51 units. Parcel 2 is known as 3574 Bridgewater Street and contains a single detached dwelling. Parcel 3 is known as 3567 Main Street and also contains a single detached dwelling. Refer to Schedule 1 to locate the various parcels of land. The amendment is requested to permit the construction o fa one-storey addition on top of the existing terrace and a 4-storey addition, including the basement, on the east side of the residence providing 2,000 square feet of additional recreation/common space, and 50 new units. It should be noted that 8 of the existing units are proposed to be removed to accommodate the proposed addition. Refer to Schedule 2 for further detail. (Note: This is a revised site plan). THE AMENDMENT: The land is currently zoned in part a site specific R1C-184 zone and in part the City's standard R1C zone. The zoning of the whole of the land is requested to be changed to a site specific Institutional (I) zone to accommodate the project. Clerk's Finance Working Together to Serve Our Community Human Resoumes Information Systems Legal Planning & Development o~ 2001-04 . J~mua~ 22;2001 - ~- CIRCULATION COMMENTS: Information concerning the requested amendment was circulated to City departments, several government agencies and the public for comments. The following is a summary of the comments that have been received: · Municipal Works · Building Division · Parks, Recreation & Culture Department Fire Department Regional Public Works Niagara Parks Commission Both Bridgewater Street and Main Street have sufficient width to accommodate the City's needs at this time. All of the required parking spaces and manoeuvring aisles should be provided on-site. Based on the available records and the information provided in the consultant's report, staff believe that the potential impacts of the development on the existing sewer systems can be mitigated. Staff would prefer to see the project proceed in some acceptable form so that the existing substandard situation with the current development can be rectified. All required Building Permits are to be obtained prior to commencement of construction. The architect shall classify the building based on the number of storeys which may require the entire building to be sprinklered. This shall be submitted with any Site Plan application. The architect shall review the need for a standpipe system and all provisions of its design in accord~mce with section 3.2.9 of the OBC. Details shall be submitted with any Site Plan application. No objections to the application. The Forestry Division has reviewed the Tree Inventory and Preservation Plan for the site and recommend the applicant consider spading trees #20 and #21 and relocating them elsewhere on the site. No objections. Fire Safety concems can be addressed through the normal Site Plan review and Building Permit processes. No objections. Several concerns such as access to Bridgewater Street, storm water easements to the Welland River, traffic and parking. Ask the application to be deferred until the concerns can be addressed. January22, 2001 · PubHc -3- PD-2001-04 Numerous letters and petitions have been received for and against the proposal and are included in Council's agenda. The following reports and plans accompanied the application and can be viewed in the City's Planning and Development Department: 1. Background Planning Report - Brady & Associates. 2. Market Feasibility Study - P. H. Matteson Associates Management Consultants. 3. Stormwater Management Report - Robert M. Martin. 4. Draft Parking & Traffic Review - RGP Transtech. 5. Tree Inventory & Preservation Plan - Reynolds & Associates. 6. Conceptual Landscape Master Plan - Reynolds & Associates. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. What is the history of Willoughby Manor? In 1987, City Council approved a Zoning By-law amendment application (AM-16/87) to permit a senior citizens' residence to be established on Parcel 1 which would be capable of housing a maximum of 35 people. The application was approved because: 1) the proposal conformed with the policies contained in the City's Official Plan and the Chippawa Community Secondary Plan; 2) the site was in close proximity to public transit, recreational and commercial, facilities; 3) 43% of the site was proposed to be maintained as landscaped open space; 4) the exterior appearance of the historic building on the propeay was proposed to be maintained; and 5) there was an apparent need for a senior's residence in Chippawa. Council's approval was given conditional on the development providing 0.6 parking spaces per unit (35 x 0.6 = 18). The senior citizens' residence was allowed on the land through the addition of specific by-law provisions to the site's Residential Single Family zone (R1C-184, By-law No. 88-151). This method of zoning was chosen over the application of an Institutional (I) zone because the use of the property was intended to be restricted to a relatively small scale senior citizens' residence and the I zone permitted a fairly wide and more intensive range of uses. The by-law did not include provisions to control the number of beds because the proponent was unsure how many beds would be occupied by couples. In 1992, the City issued a Building Permit to allow the original building on the property to be remodelled and an addition to be built to it for the purpose of the senior citizens' residence. Staff were obligated to issue a permit for 51 units because the Zoning By-law did not limit the maximum number of beds or units. January 22, 2001 - 4 - PD-2001-04 Parcels 2 and 3, known as 3574 Bridgewater Street and 3567 Main Street respectively, were recently purchased by the applicant to accommodate the proposed expansion to Willoughby Manor. The expansion includes additional dining and recreation space as well as additional units. Both parcels contain single detached dwellings. The dwelling on Parcel 2 is known locally as Riverview Cottage and is recol~nized as the former home of Ray (Laura) Cony Bond. Bond was an exceptionally active community worker and supporter who wrote the book Peninsula Village in 1966. The home is not designated by Council. The applicant should be encouraged to relocate the house in the former Village of Chippawa if an expansion is approved. 2. What is the City's Plan for the subject parcels and the surrounding lands? The subj eot parcels and the surrounding properties are designated Residential in the City's Official Plan. Residentially designated land is intended to be developed for a mix of housing and ancillary uses which are compatible with the residential environment. Ancillary uses include schools, churches, nursing homes (senior citizens' residences), recreational and community facilities and neighbourhood commercial uses. In determining compatibility, ancillary uses are to be assessed according to the following principles: ancillary uses which primarily serve area residents shall be conveniently and appropriately located. ancillary uses with the potential of generating a significant amount of traffic should generally be located on major collector or arterial roads to minimize disturbances to area residents. According to the City's amenity and design policies, new development is to be designed in a sensitive manner having regard to height, setbacks, massing, siting and style of buildings to provide a compatible relationship with existing development in an area. In addition, in prominent landmark locations such as gateway entrances to the City or along important roadway corridors special attention to high quality design and landscaping are to be encouraged. Furthermore, new development should be designed and sited to minimize the obstruction of scenic views and vistas. Also, parking areas are encouraged to be located in rear and side yards and designed in a manner that blends in with the surrounding area. 3. Does the proposal comply with the City's Residential policies? The subject parcels are located at the northerly limit of the Cummings Neighbourhood in the former Village of Chippawa. The lands are located between Bridgewater Street and Main Street. Beyond Bridgewater Street lies the Welland River and Kingsbridge Park. To the east are several single detached dwellings which range in height between 1½ and 2 storeys. One of these dwellings has been approved to be used as a bed and breakfast. To the west are additional 2 storey detached dwellings followed by Cummington Square, the former Village's commercial core. To the south is the Kingsbridge townhouse complex which is comprised of 25, 1½ storey dwelling units. Nursing homes and senior citizens' residences are uses which are expected to be established in areas designated for residential purposes. The subject site is an attractive location for the senior citizens' residence given its proximity to Kingsbridge Park, the Welland River, the walking trail, stores, churches, and restaurants. The applicant wishes to expand this facility that is meeting a need in the community. January 22, 2001 - 5 - PD-2001-04 n the Manor waS originally approved in 1987, a parking requirement of 0.6 parking spaces per unit was applied to the project. Because the by-law did not limit the number of beds, the Manor was allowed to be built with 51 units while only providing 18 parking spaces (0.35 parking spaces/unit). RGP Transtech was hired by the applicant to conduct a parking and traffic survey of the Manor to determine the number ofe~parking Spaces'required to meet'llae95~percentile reqmrement mr parking 10asea on an expanaea lraclllty ana to aetermlne me impact on tramc now for both Bridgewater Street and Main Street caused by the additional units. According to the consultant, applying the observed trip generation rates to the increased residential unit count would suggest that the new total morning weekdaypeak hour traffic generated would be six vehicle trips inbound and four vehicle trips outbound. In the afternoon weekday peak hour, the development would generate a total of 11 vehicle trips inbound and 11 vehicle trips outbound. On Saturday's peak hour, the site would generate 13 vehicles inbound and 16 vehicles outbound. The consultant has concluded and the City's Traffic staffagree that the proposed addition will have no impact on the operation of the area streets. The site would have to generate traffic at about 10 times its expected level in order to have any adverse effect on the area's traffic operations. The original site plan submitted with the application proposed a parking area largely within the Main Street road allowance. This configuration created a multi-point access which would be unsafe and should not be allowed. As a result, the applicant revised the site plan and now proposes to provide the parking spaces on the subject property. However, the revised plan still shows that a portion of the road allowance is proposed to be used for manoeuvring in and out of the parking spaces. This continues to be unacceptable. According to the applicant's traffic consultant, it is common practice to establish a parking requirement which would be sufficient to satisfy the 95~ percentile parking demand. This observed 95th percentile constitutes a parking ratio of 0.31 spaces per unit. Although this ratio is nearly half the ratio staff recommended when the Manor was originally approved, staff agree that the ratio of 0.6 parking spaces per unit is fairly high and believe that the consultant's recommendation may be more appropriate. In 1991, the City's Committee of Adjustment approved an application (A-32/91) for Lundy Manor (formerly Kerrio Place) which allowed the number of units to be increased from 53 units to 106 units with 35 parking spaces. This resulted in a parking ratio of 0.33 spaces per unit and appears to be working. Based on the foregoing, it would appear reasonable to apply the consultant's standard to Willoughby Manor and any addition that is approved. Having regard to the foregoing, senior citizens' residences and nursing homes are considered ancillary uses in residential areas. According to the Official Plan, such uses may be permitted if they are considered compatible with the residential environment. While parking and traffic issues can reasonably be addressed, the project's size and its dominance in the neighbourhood raises serious questions with respect to compatibility. 4. Does the proposal comply with the City's Amenity and Design policies? Surrounding development is exclusively one and two storeys in height. Willoughby Manor is three storeys in height, counting the basement which is fully exposed to Main Street. The Manor presently abuts two single detached dwellings to the eaSt which are proposed to be removed/demolished to accommodate the proposed expansion. A measure of land use compatibility haS been established between the Manor and the surrounding neighbourhood with the design and scale of the existing development. The proposed addition is one full storey taller than the existing Manor and out of character with the surrounding dwellings. The addition is 16 January 22~ 2001 - 6 - ~ PD-2001-04 ti. (5 m) taller than the maximum building height allowed on the surrounding properties and many of these properties have not been developed to their full potential. The existing Manor together with the height of the proposed addition and its increased building frontage would result in a across from the We]land River and Killgsbridge Park, and in full view of the travelling public, any farther development on the site should be of the highest quality possible. A reduction in the horizontal massing of the addition would minimize the potential obstruction of views of the river and the park beyond, a concern expressed by area residents. According to the applicant, a total of 25 trees exist on the subject lands. The applicant has submitted a Tree Inventory & Preservation Plan with the application. The majority of the trees are intended to be protected during construction and maintained to buffer and beautify the site. While only 4 trees are identified to be relocated on the plan, the City's Parks Department has recommended the applicant consider relocating two additional trees. The applicant is willing to add further landscaping to buffer the adjoining residence fi.om the addition. 5. Is the requested zoning amendment appropriate? The request to have the zoning of the subject parcels changed to a site specific Institutional (I) zone would be appropriate if Council supported the construction of an addition to the existing structure. All of the other senior citizens' residences in the City (GreycliffManor, Lundy Manor, and Valley Park Lodge) are zoned different site specific I zones to address the site specific projects that have been approved. Any addition which is allowed to be constructed to Willoughby Manor should be controlled through the application of site specific zoning provisions which address the characteristics of the development. 6. Are the municipal services adequate to handle the proposed development? Municipal Works staff have been working with the proponent to address a history of basement flooding in the immediate area. The design of the existing basement units below the road grade creates unusual conditions for storm drainage. The existing municipal storm sewer system on Main Street has been designed and constructed to provide adequate protection from flooding for minor storm events (1:5 year storm). Normally, storm events that exceed this intensity are not conveyed via a piped system, but rather directed out to the roadway or other low lying areas and eventually outlet to creeks, streams and rivers. In the case of the existing building, drainage during major storms is not directed away from the building and, as a result, the runoffcollects in the low areas around the building, eventually causing flooding. The low area also provides relief for the City's storm sewer in the event of surcharging. The applicant's engineer (Robert Martin) has prepared the stormwater management report which accompanies the application. The report recon~anends that the site be serviced independent of the City's 1:5 year storm sewer system by providing an outfall to the Welland River. If an addition was allowed to be built, staff would recommend that the system be designed to address a major storm (1:100 year storm). They would also recommend that curbs be constructed to prevent the flow of surface drainage from the driveway entering the perimeter drain around the building. Furthermore, they would recommend that several single catch basins be removed and replaced with double catch basins to better handle extreme conditions. January 22, 2001 - 7 - PD-2001-04 Any future sanitary sewer lateral for an addition should be connected to the system on Bridgewater Street so that the additional flows do not aggravate any downstream conditions. In addition, the existing sanitary sewer lateral should have a check valve and an overflow to allow a minimum storage of 4 hours. A pump would have to be installed and set up to ensure that the full volume o~storagiwould b~ available it'the sewer on Main Street surcharged and the ch6ek valv~ cqo~e~ll The applicant should investigate wrtether an o~l/grease separator can ~e ~nstanea in me e~evator pit so that the effluent that collects in this location can be discharged into the new storm sewer. It may be necessary for the applicant to obtain a Certificate of Approval from the MOE for the separator. Based on the available records and the information provided in the consultant's report, staff believe that the potential impacts of a development can be reasonably mitigated. However, regular preventative maintenance would be required to ensure optimal operating efficiencies. Certain contingency arrangements would possibly be required as a condition of approval. The applicant would need to obtain various approvals from a number of agencies (Niagara Parks Commission, Ontario Power Generation, and the Department of Fisheries and Oceans) to discharge storm water directly into the Welland River. Therefore, staff recommend that any future amending by-law include a holding symbol (I-I) which will preclude any further development on the site until the necessary approvals have been obtained allowing the site to be serviced as recommended. After the servicing issues are addressed, the applicant would be able to apply to have the H removed and proceed with the development. CONCLUSION: Based on the foregoing, staff are unable to support the application to amend the Zoning By-law as submitted. Although senior citizen homes are expected to be established in areas designated for residential purposes, the height and massing of the proposed addition is out of character with the surrounding area. Nevertheless, staff recognize the applicant's desire to improve the dining and recreation space for the benefit of the existing residents. Ifa compatible expansion to the residence is allowed in the future, it would appear that parking, traffic and servicing issues could reasonably be addressed. Prepared by: Ken Mech Planner 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer 'Recommended by: Doug Dar§yson Director of Planning & Development Approved by: Executive Director of Corporate Services KM:gd Attach. FILE:S:~PDR~200 I~PD20014)4.wpd SCHEDULE 1 Subject Land Amending Zoning By-law No. 79-200 3584 Bridgewater Street (Parcel 1) 3574 Bridgewater Street (Parcel 2) 3567 Main Street (Parcel 3) AM-37/2000 Applicant: Metro Capital Group c/o Evan Kirsch 1 '.NTS REVISED SCHEDULE 2 / / l!J~ / / / / / / VILLAGE OF CHIPPAWA CITIZEN'S COMMITTEE 8420 LAMONT AVE. NIAGARA FALLS ONTARIO L2G 6V8 905 -295 -4921 Ni~. FflLLS CLERKS '0'~ O( January 3, 2001 City of Niagara Falls P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attn: Mayor Wayne Thomson Planning Department City Clerk - Mr. W. Wagg Dear Sirs: It is with great interest to our Committee that the owners of Willoughby Manor on Bridgewater Street in Chippawa are planning to expand their facilities. The worry we have is with the future of "Riverview Cottage'L It was the former home of Mrs. Ray Corry Bond who wrote the first history book of Chippawa entitled "Peninsula Village". It is a complete history of the Village of Chippawa up to 1950. Mrs. Bond moved into the home in 1907 and resided there until her death in 1970. Also, there is a famous painting entitled "Riverview Cottage". It was painted by a well known Buffalo, New York artist, who had a summer home next door to the "Riverview Cottage"in the early 1900's. As this home was built around the turn of the century, we believe it to be a historical site. Our Committee was planning to have it designated historic as one of our future projects. The Village of Chippawa Citizen's Committee is against demolition of "Riverview Cottage". We would like to have the site preserved as there is a plaque dedicating the cottage and a tribute to Mrs. Ray Corry Bond, already installed on the property. This plaque was dedicated in 1999. It was unveiled by her son Col. James Bond with his family, Alderman Shirley Fisher, John Burtniak, President Lundy's Lane Historical Society and the Village of Chippawa Citizen's Committee and many guests. The Niagara Falls Review covered the event and Cogeco, the local Television Station televised the ceremony. This was a proud day in the history of Chippawa. Please consider this request "against demolition" when making any decision about the fate of"Riverview Cottage". Yours truly, Darlene Willick Secretary Janua~ 3,2001 Mayor Wayne Thomson, City Council Members & Staff Niagara Falls City Hall 4310 Queen St. Niagara Falls, ON L2E 6X5 Re: File AM-37/2000 Director: We are in receipt of a notice of a public meeting to be held on January 22, 2001 in regards to a zoning change and the proposed expansion of Willoughby Manor. Unfortunately, we will be on holidays with our family at the time of the meeting and need to let council know how stronglywe are opposed to this addition and zoning change. We bought our house in this beautiful residential area because that is where we wanted to raise our children and have our home. It has never been our desire to live within three houses of an apartment building that has101 apartments and well over 2000 square feet of common/recreational space. This is one of the oldest and most beautiful areas in all of Niagara Falls and a change that drastic would be a travesty. Many issues concern us; the first one being Size. According to the original Council approved rezoning Re: PD87-87 Application AM-16/87, the Manor was approved for a retirement home capable of housing a maximum of 35 people. The manor has already expanded to 51 apartments, which does not seem to comply with the original intent of the approval granted by council. When council first approved a retirement residence at the Manor in 1988, it was done so with the intent of keeping the historical perspective of the building. The new proposed building is bigger than was ever imagined and it is unsympathetic to the heritage that is rich in Chippawa. This new structure will alter the streetscape so drastically that this beautiful historic area will be scarred forever. Intended Use; the Manor has hosted events that are advertised to the public. i.e.: Business Meetings, Christmas parties, Brunches and Dinners where they have charged for their space, food and beverages. This use of the buildin,q does not seem to comply with the guidelines set out as the purpose of the building according to the bylaw 88-151 written in 1988. These functions are in direct competition to licensed food and beverage businesses within the area. Page 2 File AM-37/2000 Water and sewer problems; On going problems with the sewer system in Chippawa are well known. The Manor has had to be evacuated after a heavy rain, due to massive sewer back ups. I would think these problems will be greatly escalated with the addition 50 plus more bathrooms and additional food and beverage operations. This proposed addition would be like adding 25 to 30 single family homes. We have personally had no sewer problems to date and would like to keep it that way. Parking; According to zoning ammenmendent application AM-16/87 the Manor is required to have 0.6 spaces per unit. This would require 18 spaces under the original approval for 35 units. The manor currently has 51 units, which requires 31 parking spaces. They do not appear to comply. Looking at the proposed addition to the Manor, the new parking requirements would be 61 spaces. One of the proposed lots is for the north East Side of Bridgewater Street. This parking lot creates a major hazard, as cars will be pulling in and out at the start of a blind curve in the road that has been the seen of many accidents. The parking lot that is proposed on Main Street is even worse. Having lived in our home for 12 years, we have watched the traffic on a daily basis speed down Main Street. To have a parking lot where you back out of onto a busy street, would be an accident waiting to happen. These proposed parking lots would also take up the treasured green space at the Manor, all in favour of a cement parking lot. This is a long established RESIDENTIAL AREAl Not an institutional area. The ownership and legal council of the manor has clearly shown that they have little or no respect for the decisions of the city council, the area residents and businessmen. We urge council to preserve this beautiful, Historic residential area. Not only do we oppose the proposed expansion and zoning change, we feel very strongly that the current residence should be down sized to the originally approved usage for a retirement residence for 35 people immediately. ~ade 3634 Bridgewater St. Niagara Falls, ON L2G 6H2 copy to: Alderman Wayne Campbell Alderman Kim Craitor Mr. Doug Darbyson, Director of Planning & Development Mr. Dennis Sauriga To: Tom Thompson From: waterechousta 11619 ...... , 2/12/00 t2:43:02 Page I of' Sent by the Award Winning Cheyenne Bitware FACSIMILE COVER PAGE Date: 2/12/00 Time: 12:42:56 Page: 1 To: Fax #: Tom Thompson 0019052956269 From: walter schoustal Address: 3554 bridgewater niagara falls, AK Canada Fax #: 11619 Message: TO THE MAYOR ! COUNCELMEMBERS! THE PLANING & ZONINGDEPARTMENT Of THE CITY OF NIAGARA FALLS ! I WALTER SCHOUSTAL OWNER OF 3554 BRIDGEWATERSTREET NIAGARA FALLS OBJECT TO ANY EXPANSION OF WILLOWBY MANOR OR ANY REZONING OF BRIDGEWATER OR MAINSTREET OF SAID CITY. I HAVE BEEN A RESIDENT THERE FOR 33 YEARS ENJOYED THE ZONING OF RESIDENTIAL 1 ATMOSPHERE AND DO NOT APPRECIATE BEING DEPRIVED OF ANY MOORE PRIVACY THAN WE HAVE ALREADY BEEN YOURS TRULY WALTER SCHOUSTAL 3516-5 N~ain Stree! Niagara Falls, Ontario 1,2G 6A6 The Mayor City of Nias:ara Falls 43111 ¢)ueen Nh'eel Niagara Falls, Ontario 1,2E 6X$ [)ear Mayor rl'hl~nlSO0 December 18, 20011. RECEIVED 2 O 2000 t & OEVELOPtaENT On December 5.20ttlt an inlhrmation meetimz was held at Willou~hb; Nrlanor on Hnqr proposed expahs, ~,. to bc prc:.cnted to Couocil ,lanua~? 22. 2001. We ~',onid~lat'~'~' [G .'xpres~ iiul' COliCei'IIS a:ld objei:tions to this eXplln.qiO|t. 1. Zonin[ l'rom resideatial to institutional. How will tbis impact on the borne owners ill the intnn,tliatc itlea and Il;od; slue. .. Ile,g ...... 4zc of the building will be cxtremeh Main Street. Keepina in mind lbat all bonw owners in the area face the rear and side view of the building. 3. Parking is a concern, accepting tbe proposed parking on Main Street area would he totally irresponsible as it would create a dangerous situation, particularily with the auticipated incrca:,c in traffic v, hen the new golf course opens. Also, the negative impact it will have on the hume owners directly across l¥om it. 4. As you are aware the sewer system is totally inadequate for an expansiun of this size. Previous basemcot flooding by overloaded sewers would support this, our home bein~ one of several that were effected. 5. Increased garbaae storaae is a concern. The existin~ garbage storage located on Main street sidt. is presently attractiug rodents. They have been sigbtt, d by residellts facJn[~ the ffarha~ze ~toralze. 6. I! is impoHaol lo maintain the ambiance anti aesthetics of the community as it is today. Tru~tint~ you will tak~ these OtllCerlJs into conMderation. Fisher Hendershot 'a~ ~!?'nn loanmmi ()IT Norm Patrick .lanice \Vine The Mayor, CR[y Hall, 4310 Queen St., Niagara Falls, Ont. Dear Mayor Thomson, 3516 #1 Main St., Niagara Falls, Ont. L2G 6A6. 15th Dec. 2000. RECEIVED ncc 1 q 2000 ~NNiNG & DEVELOPMENT After attending an information meeting at Willoughby Manor on Dec. 5th we would like to advise you of our objections to any expansion of the Manor. 1. Inadequate sewage facilities. condos were flooded with sewage 2.Inadequate parking. Proposed parking Main St. would be very dangerous. 3. Increased garbage to be disposed of, have seen rats in that area. 4. The overall height will be an from the rear view, Main St. Six of our last year. on and we eyesore Copies to: Wayne Campbell Kim Craitor Art Federow You~r s sincerely, · ' ~ank~ ~'~ Michelle Y. Unger. I Ken Feren Shirley Fisher Gary Hendershot Carolynn Ioannoni Judy Orr Victor Pietrangelo Norm Puttick Selina Volpatti Janice Wing Mayor Wayne Thomson City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Barry and Irene Beaton 3594 Bridgewater St. Niagara Fails, Ontario 295 4579 L2G 6H1 December 11, 2000 RECEIVEO r~r' 1 9 2000 & Di VELOPMENT Regarding the proposed expansion of Willoughby Manor and the request to amend the zoning by-law_ My husband and I recently received a letter from Metro Capital Group of Toronto, informing us of their intention to continue in their efforts to obtain perm.ission to expand the residence at 3584 Bridgewater St. As well, their plan is to attempt to change the zoning designation of our area. We strongly object to any expansion, as we did when we were first approached about this matter. Nor are we in favour of having the zoning changed. Our neighbours on ~ Bridgewater Street and Main Street also object to the proposed expansion and changes in zoning. Any addition to the residence would change the historical appearance of the present structure and give it an institutional look, which is not in keeping with the other homes on the street. Barry and I are very interested in older homes and have often travelled to the United States to visit them. We were impressed with the effort and pride taken to maintain the character of historical homes and towns. Can we not show the same pride in Chil?pawa? In all of the Niagara Peninsula, there are only a few Georgian style homes from the 1850% Changing the residence any more than it already has been altered would destroy its whole character..Shouldn't we make every effort possible to see that the residence remains as it is and thus allow the Village of Chippawa to live up to its designation of "Historical Village"? Representatives from the Metro Capital Group have stated that there is a need for more senior homes in the Niagara area. We certainly agree. This debate is not against seniors or the seniors at the residence. Our concerns lie with the zoning changes and the expansion. There must certainly be other beautiful properties in the Chippawa area that could accommodate this type of institution while not requiring changes to the existing zoning by-laws in those areas. The Metro Capital Group is an organization concerned with making profits even if it is at the expense of the neighbours on Bridgewater ~t~eet and Main Street. They have already purchased two homes, which they plan to teor down in order to make room for their proposed expansion and extra parking. The changes that the Metro Capital Group are proposing will negatively affect the quality of our residential area as we will have to contend with problems associated with this type of usage. Any expansion will bring additional traffic, noise and garbage. As you know, there are many existing problems to be solved regarding storm drainage and sanitary sewers. Will the solutions proposed by the Metro Group solve these problems and do so in an environmentally friendly manner? As well, and just as importantly, our property values will be adversely affected. We're sure that this is not a concern to the Metro Capital Group, but it does greatly concern the owners of the present homes. When we chose to build our homes at this location, the area was zoned R 1. We did not expect that the zoning could be changed so easily. Could this also happen anywhere else in the city of Niagara Falls? In this day and age, it otten appears that the wishes and demands of big businesses, in their quest for greater profits, often supersede the concerns of the citizens. We hope and expect that our elected representatives will consider our concerns and those of our neighbours when they are dealilt.g with this very important matter. Sincerely, Barry and Irene BCaton January 8, 2001 Director of Planning and Development City HALL, 4310 Queen St. NiaGara Falls, Ont. L2E6X5. Re: City File AM-37/2000 I am against the above application for the following reasons: I object to proposed change from present Residential Zone to Institution Zone which would permit NursinG Home beds which would not b e appropriate in a first class residential area. f The present sewer system is not adequate to accommodate this large addition as was evident last year when the firemen pumped the Manor's flooding into the sewer on Main Street which caused A MAJOR sewer back up into the basements of our homes that bordered on Main street. e The proposed additional parking of 20 cars in front~ of the present building immediately off Main Street would cause major traffic and polution problems in the immediate area and the space indicated hardly appears to be adequate to hold that many cars. Due to prior commitments I will not be able to attend the meeting on Monday, January 22 at City Hall and trust my objections will be placed before this public meetinG. Your ~,,~ incere ly Unit 14, 3516 Main St. N±agara Falls, Ont. L2G6A6 RECEIVED 1 1 2001 ,i. I NING & DEVELOPMENT _ lof2 3516-4 Main St Niagara Falls, Ont. L2G 6A6 Jan.4,2001 Mr. Doug Darbyson Director of Planning & Development, city Hial, 4310 Oueen St,. Niagara Falls, Ont. L2E 6X5 RE: City File AM-37/2000 Dear Mr. Darbyson RECEIVED 2001 DEVELOPf, EHT I am writing to express my concerns and opposition of the proposed re-zoning and expansion of Willoughby Manor. It is my understanding that re-zoning is required from residential to institutional to accommodate the expansion known as Willoughby Manor. Residents of this neighbourhood have already expressed their concerns when the home owner at the corner of Main St. and Bridgewater applied for a Bed and Breakfast permit. One fear was that other homes in the area would be turned into B&R's. City Council reassured us this would not happen. The proposed expansion of the Manor magnifies the Bed & Breakfast concept. I attended a presentation given by the architect and executives of Metcap Living. My observation of the proposed structure is that it appears as a factory or large office building. The new addition DOES NOT complement the existing structure. The present building as it's name depicts a stately manor and is in keeping with the uniqueness of the Village of Chippawa. My experience as a former Registered Nurse and High School teacher is that large institutes become impersonal. The expansion of Willoughby Manor will take away the homey atmosphere that now exists and nullify the Manor advertizing as "Contemporary Waterfront Retirement Living In A Historical Setting" There is nothing historical about the expansion. I understand that City of Niagara engineers object to the proposed addition since the sewer system is inadequate to handle the extra demands. Engineers also have concerns with the proposed solutions presented by the architect in the building plans. The addition will also result in the destruction of a number of trees on the site. The presenting architect eluded to some plan to save the trees. However according to the plan it appears that all the trees along Main St. will be replaced by 16 parking spaces. This becomes a traffic hazard, since cars will be exiting directly on to Main St.the only access to River Road and the Niagara Parkway. 2 of 2 Willoughby Manor was originally owned and operated privately. Now it is part of a large conglomerate, Metcap Living based out of Toronto. The main objective for big businesses is money. I am of the opinion that Metcap Living was impersonal when they quietly approached the owners of' 3574 Bridgewater and 3567 Main St. and purchased these homes. Neither of these homes were on the open market to be sold. The house at 3574 Bridgewater St. is considered a historical site to the Village of Chippawa. Again inconsideration to our heritage when executives from Metcap suggested a relocation of the building. This defeats the meaning of "historical site" The proposed expansion will also exclude the limited open space view for residents of 3516 Main St. units 1-6 There are 15 Retirement Communities and Home listed for the Niagara region. Nine (9) of these establishments are located in Niagara Falls. As of January 3,2001 a majority of these homes have several vacancies. Queenston Place has a capacity of 75 and has to date 10 residents. The need for an additional 50 beds at Willoughby Manor is not justified. A possible solution for the existing Willoughby Manor to provide more dinning room space and recreational space is to consider renovating the existing structure. Not a new addition. Perhaps such site as the former Acres building, Niagara Falls Secondary School (aka NFCVI),, former Rosberg, Coke Cola building the vacant motel between Niagara Parkway and Mechanic St. could be considered ff there is a demand for Retirement Communities. It is my understanding that other homeowners in the area have also expressed their concerns and opposition to the proposed expansion and rezoning. Trusting you will take these concerns into consideration. Yours truly, Donna Rae Boston ~ ]t~9~ 295-0812 I would appreciate continued notification of any revisions to the proposed amendment. Copies to: Mayor Thomson Aldermen: Wayne Campbell Kim Craitor Art Federow Ken Feren Shirley Fisher Gray Hendershot Carolynn Ioannoni Judy Orr Victor Pietrangelo Norm Puttick Selina Volpatti Janice Wing January 16,2001 Planning Department Corporate Services Department 4310 Queen Street, Niagara Falls, Ontado L2E 6X5 Re: Willoughby Manor - Rezoning Application This letter addresses the re-zoning application as mentioned above to which I am opposed. As a property owner and resident of Bridgewater Street, I believe this application would negatively affect property values of the nearby area if approved by the City Council. The proposed expansion will not conform to the residential landscape of historic and quaint well-maintained homes, which have been established over 150 years ago. The project size is ill proportioned to the existing homes, and would occupy a large percentage of the property size, becoming a dominant establishment in the area. In addition the traffic flow generated by service vehicles which often attempt delivery from Bridgewater Street, would be increased. A large cemplex of this nature would generate increased vehicle traffic, which is already set to increase with the growth projected in this, a very popular tourist area. This propOsal also necessitates the destruction of two houses adjacent to Willoughby Manor, one of which has been designated as being of historic significance. Far too many homes have been destroyed in the past for reasons of this type. In addition, the management of the Manor has been lacking in supervision of the elderly residentsl many of whom walk the local streets. Many are left unattended to walk the streets, where vehicles are travelling at high speeds, and some can not walk very well. To double the population of the elderly in this facility would certainly invite tragedy. The manor also had a flooded basement last winter due to a badly designed building, which created a sewage backup that flooded the basement (called the first floor) Residents had to be evacuated in the middle of the night. I do not support any further expansion of a project of this size in this area, for the safety of the residents, the enviornment and the impact on the neighboring homes. This size of operation is best suited in a more rural enviomment. Teri J. SaJvador 3552 Bridgewater Street, Niagara Falls, Ont. L2G6H1 RECEIVED 2001 Suite 107 ,~c~-~7~0o Willoughby Manor Retirement Residence 3584 Bridgewater Street Niagara Falls, Ontario L2G 6H1 August 3, 2000 Wayne Thomson, Esquire Mayor of Niagara Falls Ontario L2E 2K9 Mr. Mayor and Council: I have taken the liberty of preparing this petition, for favourable consideration of the permit to allow the expansion of Willoughby Manor. This submission is forwarded in all honesty and sincerity. Due the lack of foresight of the original owners, it is necessary for the residents to eat all meals in two separate sittings; the fitness club exercise is held three times weekly in the Dining Room, likewise, Bingo four times a week, as well as card three times weekly. Entertainment, and large group events - again, the Dining Room. Jeopardy is held in the library. The pool is only available during the summer, whereas if the permit is issued, it will be year around. Local business people meet - where-else - in the dining area. If you have time to look at the attached activity schedule for August, I am sure you will agree, that management do all that is possible to ensure that the senior citizens of Willoughby Manor have a long and fulfilled life, while in their care. As you have blueprints of the proposed addition, it is easy to see how the aforementioned lack of suitable activity space will be corrected! I thank you in .anticipation of Council's favourable decision, which will affect the lives of fifty-one (at present) Niagara Falls residents and their familiesl Yours truly Leslie Stuart President, Willoughby Manor Resident Council (Continued) RECEIVED J^~' ~6 2001 iilNG Residents of Willoughby Manor. We strongly agree with the August 3, 2000 letter of Leslie Stuart, President of Resident Council 102 Fred Pigden ~ 103 Audrey Burrowes 104 Jean Thompson 105 Grace Northcotl,¢' 106 Isabel McCredie 108 MiIhe Edwards 109 Ina Wolf 110 Rose Wybrew 111 Tom Upton 112 Grace Nigh 112 Lorne Nigh 114 ~ -' 202 Nora Budc~ 203 Jeanne Stewart ~. ,~ ~- ~,,'¢.~; ~ '7~ 205 Mina Kaumeyer 206 Mary Voigt '~,~ 207 Arthur Wing 207 Margaret Wing 20~ Made Murphy 209 Mabel Arch 210 Helen Hart 211 Daisy Charlton 212 Vera D'Anna 214 Edith Arnold 216 Carrie Whittle (..:,~/z,~.,~ /_~ , 303 Mary Griffiths ' "~"~'~'7 304 Mollie Zimmerman 305 Merv Palman 306 Ernie Arseneau 307 Ed Knox 308 Ursula Vancl 309 Betty Trefiak 310 Bernice Malouin 311M argaret.~Zizian ,-~,~. ~.~(~-" '~'~1~."~ 312 Almon Oft 314 Olive Collins 315 Mary Howard 316 Gore Allen 317 Jack Alexander 318 Maw Lou Krasowski 319 Lucy Tustin 320 Jean Roberts 321 Anita Voice 322 Herb Beam 323 Irene Belin Rolf and Joyce $chefold~ 3840 Main Street Niagara Falls. Ora L2G 6B2 (905) 295-6735 January 10, 2001 Mayor Wayne Thomson & Members of City Council, Niagara Falls City Hall, 4310 Queen Street, Niagara Fails, On. L2E 6X5 Dear Mayor Thomson & Members of City Council: At tiffs time I would like to address to you my support for the expansion of Willoughby Manor Retirement Home at 3584 Bridgewater Street of Niagara Falls L2G 6Hl(Chippawa). I believe that MetCap Living should be congratulated for investing in this development which will surely enhance the present historic home and area. My mother, Edith Arnold and her two sisters,( total of 256 years of life) reside there and are proud of it. My husband and I are thrilled that they live in such a beautiful home. Mom has said to me," I feel as if I have died and gone to heaven. I wake up every morning, have my bed made, medicine is brought to me, breakfast is waiting, and my room is cleaned. All my energy is used now for living". What a wonderful outlook on life at the nice age of 88! Even though my mom is legally blind, she walks to the bank, drug store, and our local IGA store. In the summer, Mom takes advantage of the beauty and all that nature provides, as she strolls along the river. I hope that you will vote in favour of this addition and giye 30 more people the opportunity to enjoy life like my mother, her sisters and the other residents of Willoughby Manor. As a resident of Chippawa for the past'forty years, I trust · that in another 15-20 years there will be room for mYSelf and other residents of this area who are proud to call Chippawa their home, perhaps even those people presently living on Bridgewater Street. RECEI ,!^~' ~62001 , ~; OEVELO ,PMENI Mr. Wayne Thomson Mayor of Niagara Fails, L2E 2K9 Mr. Mayor and Council, 2 Backwoods Close, Liudfield, W. Sussex U.K. RI 1 16 2 EG Aag. 7, 2000 /~ ~$ 7/=2o o o I am writing to you concerniug the permit to allow expansion of thc buildiug and facilities, at Willoughby Mauor. My Father, and until recently my Mother, have beeu resideuts at Willoughby Manor since 1997 aud I'm sure that I am not just speaking for lnys¢lf when I say that the care, kindness and friendship of the staff is second to none. If only there were more establishments of tiffs standard, not just io Canada but world wide, the life of so many people could be so much richer and fulfilling. I visit my parents at least twice a year and aln greelcd as a fl'icnd and dare [ say a relative by not just tile staff but also the other resideuts. It is akin to being welcouled into oue big family. This is a great tribute to the umuagenlent of the Mauor mid I'm sure that You would sense the same wammess Oil visiting Willoughby. The expansion of Willoughby Mauor would not only allow for the increase in facilities on offer, but also allow for ulore elderly people to enjoy the superb care available. In closing may l just say that it is very difficult for ine, living so far away flora lily parents, but a lot of my worry is overcolue by knowing to what extent tile slaff aud management strive lo provide such a wonderful residence in your beuutiful regiou. I do hope that You and the Council will look favoumbly on their permit, and I look forward to hearing good news in the uear l'uture. Yours Sincerely, L.P. Stuart !RECE !VED & OE'VELOPMENT 2 Backwmlds Close, Lindficld, West Sussex. P. III6 2E, G L^luz¥ P. S'ru^t~T Date: To: January 15, 2001 Mayor Wayne Tompson, City Council Members, and Planning & Development Department From: Brett & Sandi Isherwood Re: Attached letter and petition support expansion of Willoughby Manor Please review the attached petition supporting the expansion of Willoughby Manor. Well over 200 signatures have been collected in support of this projec6 most from the village of Chippawa. Thank you for your time and attention in this matter. RECEIVED ,~ ~ ;' 2001 & DEVELOPMENT January 11, 2001 Dear "Chippawa Friends & Neighbors" Many of you may not be aware Willoughby Manor has filed an application to expand at 3584 Bridgewater Streea The basis for this expansion is as follows: 1. To provide the existing residents additional recreation spacb. 2. To provide a twelve bed assisted care unit so that spouses do not have to be separated when their care levd exceeds the facilities limitations. In addition this will allow current residents to remain at Willoughby Manor. 3. To offer additional suites, as the facility has malntained full occupancy for a three yearperiod and many local residents are on waiting lisa 4. To continue to promote the integration of seniors in neighborhood communities. Several letters from neighbors on Main Street and Kingsbridge have been submitted to City Council members opposing the expansion based on the Following: L Neighbors have stated any expansion will detract from the charm of the village. 2. They object to the height of the proposed addition, and proposed parking. 3. Increased garbage, & rodents 4. Water and sewerage issues 5. Increased traffic As a member of this community I support this expansion. I have taken the time to view the architectural renderings of the proposed addition and it is evident the owners have succeeded in their efforts to blend the existing building into the landsCaPe and maintain the Georgian character in the rOofline and windows of the proposed expansion. As part of the application process studies have been completed on traffic, water, sewerage, and parking. This is public information that is available to all members of our community. I believe Willoughby Manor has been an asset to this community. I believe the owner's requests are reasonable and valid. I support and look forward to the expansion and feel sad that those opposed feel this project is acceptable itt Chippawa, but not in its current location. Lets send our Alderman a tnessage of support for this projeca Please sign the attached petition and attend the City Council hearing on January 22, 2001 at City Hall and let our voices be heard. Sincerely, Sandi & Brett Isherwood I suppor~ the proposed expansion of Willoughby Manor for the follOw.ina reasons: 1. The facility provides the highest quality of care seniors of Chippawa and Niagara Falls. 2. The facility has Mlow,ed long term residents of the village of Chippawa to remain Within their community when they were nO longer able to live independently. This allows re'sid.ems to main~ain close contact with friends~ family membm-~ and their 'affiliation throughout their own community. 3. TbS current owners have maintained the 6uild[ngs charm and historic flavor by incorporating architectural features in the planned expansion whir,h enhmnce the existing ~ · ........... c~a~ and detail of the building. 4. The facility is a preF, i0us Trillium Awird winner and has been nominated for this award for five consecutive years. The grounds are impe?cably maintained and upgraded annually. The expansion plans include extensive upgrades and pl~mting's. 5. The two primary objectives requested by the 1Kesident's o~ ' Willoughby Manor have been addressed in the proposed plan of expansion and include additional recreation and lounge space which will enhance recreational opportunities for tl:ie seniorsl In addition a twelve suite Assisted Living Unit is proposed -tO. .permit residents to remain in their'home when .their care Iev~l increases.' " Nane Address Signature Naxie Address Signam, Name Address Signature Name Address Signature Nalz~e Address Signature Name Address Signature' Name Address Signature Name Address Signature Name Address Signature· Name Address Signature Name Address Signature' Name Address Signature -?-2 :Z 7 l~ z< The Niagara Parks Commission P.O. Box 150, Niagara Falls, Ontario, Canada L2£ 6T2 Ontario Brian E, Merrett John A.M. Kemahan Ge, mai Manana' E-Moil: npinfo~niagaraparks.com Web Site: http://www, niagaraparks.com Telephone 905/356-2241 Fax 905/354-6~41 January 10, 2001 Ken Mech Planner 2 City Hall 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Sir: Re: Zoning By-Law Amendment Application City File AM-37/2000 3584 Bridgewater Street, 3574 Bridgewater Street Proposed Addition to Wiloughby Manor Retirement Residence Thank you for notification of this above noted application. The Niagara Parks Commission has several concerns related to the proposed expansion of the Willoughby Manor Retirement Residence such as access to a controlled access highway, storm water easements to the Welland River, traffic and parking concerns etc etc. Since neither the owner/developer or their representative has contacted the Commission to discuss the project and it's impact on NPC lands we ask that the application be deferred until such time as we can meet with the owner and address these concerns. We would appreciate your instructing the owner of this development to contact The Niagara Parks Commission before proceeding any further with their application. Yours truly, David E. Gillis, M.A.A.T.O. Manager Planning & Properties DG:cp 2001 & OEVEL01;~ENT January 10, 2001 To The Honorable Wayne Thomson Mayor, City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 3668 Main Street Chippawa, Ontario L2G 6A8 RECEIVED 2001 OEVELOPMENT Re: Support for the expansion of Willoughby Manor and zoning by-law amendment Dear Mayor Thomson and Members of City Council: Please accept this letter in support of the proposed expansion of Willoughby Manor. Unlike some of the Main Street and Bridgewater Street residents that oppose the expansion, I, and many residents of Chippawa see this expansion as positive growth for our community. Willoughby Manor is an outstanding architectual property that has greatly improved the community and increased property values in the surrounding area. The landscape is impeccable at all times. As you are aware this property has received the City's trillium award. Many of the residents of this facility welcome our school children during the year so that they may experience the oppommities of Co-op placements. Our elementary school children have been welcomed throughout the year for entertainment and socialization with the seniors of our community. The facility has supported and contributed to community events and summer soccer programs. As a resident of Chippawa, I have taken the time to view the architectural renderings proposed for this expansion and compliment the owners, MetCap Living on the attention to detail in maintaining the Georgian style by incorporating the hip roof and widows walk into the addition. I understand the construction materials will also maintain the history with the use of used brick in order to tie in the original building. Finally, I was most pleased to see the grand entrance structure and columns will remain untouched and remain the focal point of the home. I hope that council members will consider the needs of our seniors and their desire to remain within their own community and surrounding areas. Willoughby Manor's proactive approach to integrate seniors into this community and allow them the ability to remain in residential neighborhoods rather industrial parks is commendable. Many residents are able to and enjoy walking to the bank, drag store, along the river, etc. I have heard from some Chippawa residents that they oppose the expansion because they wish to maintain the "charm of the village". Does this charm include the recent opening and closing of an adult oriented lingerie shop that graced our town square for many Page 2 Re: Support for the expansion of Willoughby Manor and zoning by-law amendment months or the vacant buildings with boarded windows located along Main Street and Willoughby Dtive? Perhaps the village would be better advised in spending efforts cleaning up some of those types of properties rather than opposing the expansion of an already established, highly successful and beautiful seniors home. Willoughby Manor has the potential to encourage additional chanm and growth in the future development of our community. Properties like Willoughby Manor, Kingsbridge Condominiums, and Hunters Glen maintain the charm and history of the village while enhancing and improving our landscape. I have never doubted this "diamond in the rough" has the potential of the beauty we see in other villages throughout the region. I hope we can ail work together to compromise and support this type of development in the village. Please consider our voices as members of this community supporting the expansion when considering the application for re-zoning. Thank you for your time and attention in this matter. Respectfully Submitted, Morris Hough Copy to: City of Niagara Fails Planning Board Alderman Kim Craitor, Judy Orr, Wayne Campbell, Janice Wing, Ken Faren, Gary Hendershot, Carolyn Ioannoni, Selina Volpatti, Victor Pietrangelo, Norman Puttick, Shirley Fisher, & Art Fedrow RECEIVED JAN 1 6 2001 , The Director of Planning and Development, City Hall. 4310 Queen Street, Niagara Falls Ontario, L2E 6X5 #3 - 3516, Main Street, Niagara Falls, Ontario, L2G 6A6 Tel 905 - 295 - 0287 January 15, 2001. City File AM-37/2000, reference Amending of Zoning Bylaw No. 79-200. Dear Mr. Darbyson, My wife and I wish to lodge an objection to the above proposed zoning bylaw amendment for the following reasons:- Our condominium unit is directly opposite the existing south eastern comer of Willoughby Manor, our master bedroom window has a view directly across the Welland river to Kingsbridge Park. The proposed building addition will remove this view. b The location, size and extreme height of the proposed building addition, coupled with the removal of approximately 12 existing mature trees will severely affect our quality of life. We will be faced with a complete wall of windows and with the proposed parking area along the entire length, no chance of any screening by future tree plantings. C The addition of this large 4-story block will architecturally unbalance the existing fagade of Willoughby Manor, thereby spoiling the character and ambiance of the existing residences along this side of Bridgewater Street. d The proposed parking area along Main Street, with vehicles having to back out into the roadway is irresponsible, considering that during the summer months it becomes a racetrack for motor cycles. With the new golf courses to be opened shortly, the traffic problem in this area will only worsen. Considering the current state of the sewage and storm water systems in this locality, the addition of 50 + elderly residents and a probable doubling of staff, will impose severe eapacity'problems on an already ailing system f Why was the zoning for 3584 Bridgewater Street, not amended to site specific institutional, before the present addition to the rear of Willoughby Manor was approved ? 2 g The residents of our condominium development immediately to the rear of the proposed Willoughby Manor addition, are all concerned as to the detrimental effect the approval of this zoning bylaw amendment will have on the resale value of our heretofore desirable residences. We, as being amongst the most deeply affected residents, do implore you to bring our ernest concerns to the attention of council prior to their deliberations on this matter. Yours truly, JanuaW 16,2001 PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario !..2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara,on.ca Ms. Suzanne Mclnnes, MCIP, RPP Watershed Planner Niagara Peninsula Conservation Authority 250 Thorold Road West, 3rd Floor Welland, ON L3C 3W2 File: Mll.27 Dear Ms. Mclnnes: Re: Request for Comments Proposed Zoning By-law Amendment Expansion of Willoughby Manor Retirement Residence Bridgewater Street - Main Street City of Nia.qara Falls The City of Niagara Falls has circulated the attached application to the Region for review and comment. Pursuant to the Region's agreement with the Conservation Authority to undertake Municipal Plan Review, Regional Planning staff will request the Authority's comments on rezoning applications in accordance with the Authority's Prescreening Criteria. Originally, Planning staff determined that this application did not require the Authority's review. The City has, however, recently indicated that a direct outfall to the Welland River is proposed. Accordingly, the Authority's review would now appear to be warranted. Please review the attached material and provide your comments to us as soon as possible. Please note the public meeting date of January 22, 2001. If possible, we would appreciate any comments by January 19, 2001. By copy of this letter to the City, we are requesting the City to notify the applicant of the need for the Conservation Authority's review and the requirement to submit the Authority's review fee of $75.00. The applicant can either forward the fee to us, made out to the Niagara Peninsula Conservation Authority, or submit it directly to the Authority with confirmation to us of the payment (e.g. copy of the receipt). David J. Farley Assistant Planning Director PB/ C: Mr. D. Darbyson, Planning Director, City of Niagara Falls v/' pb/N PCA-Review4tr RECEIVED JAN 1 8 2001 PLANNING & DEVELOPMENT NIA~A DATE: TO: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA January 10, 2001 Pat Busnello Planning and Development Department Public Meeting Zoning By-law Amendment (AM-37/2000) Proposed: 50 Additional Bedrooms and Recreation/Common Space Applicant: Willoughby Manor Retirement Residence 3584 and 3574 Bridgewater Street and 3567 Main Street City of Niagara Falls Our File: 04.116.570 (94-16) We have no objection to the rezoning to permit tile construction of a one-storey addition on top of the existing terrace and a four-storey addition on the eastside of th(; residence, providing 2000 square feet of additional recreation/common space and 50 additional[ bedrooms. William J~ev~ns, C.E.T. Supervisor Development Approvals DIUcm L:\Engineering-Planning-and-Development\Ru~ nak-Dav¢\Niagara Falls\3309.p.busnello.memo.doc c: Ken Mech, Planning Department, City of Niagara Falls RECEIVED ~. WoNiagara rks 1025 Richmond Road, Apartment 408 Ottawa, ON. K2B 8G8 13 January 2001 The City of Niagara Falls P.O.Box 1023 Niagara Falls, Ontario, L2E 6X5 Attention: Mayor Wayne Thomson The Planning Department ~ The City Clerk, Mr. W. Wagg Dear Sirs:- I have been informed by the "Village of Chippawa Citizen's Committee that there is a distinct possibility that the owners of Willoughby Manor on Bridgewater Street in Chippawa, in expanding their facilities would demolish a residence called "Riverview Cottage" This building, now almost a century old, was for many years the home of my mother Ray Laura Bond (nee Corry) The Citizen's Committee has gone much further than I, Mrs Bond's son, could properly go in describing her contributions to the Village in the areas of history, education and church work. I also think that they speak for themselves in such building as the local library. I can sympathize with the owners of Willoughby Manor in being restricted in the use of their property, but feel that there must be some way of preserving the building while, at the same time, making some practical use of it, such as a residence for a "Building Superintendent. From such a location, he would be immediately available to the Manor in an emergency. I hope that the City of Niagara Falls will give consideration to the request of the Village of Chippawa Citizen's Committee in this matter.. Yours truly ~ond~retd) MC. CD. The City of I - Local Architectural Conse~ation Advisory Committee 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city,niagarafalls.on.ca January 22, 2001 Kym Cody Chair His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: AM-37/2000 - Willoughby Manor 3584 Bridgewater Street The Local Architectural Conservation Advisory Committee (LACAC) met on January 10, 2001 to discuss the proposed expansion of Willoughby Manor Retirement Home. The following comments are submitted on behalf of the Committee. The original portion of Willoughby Manor is the historic homo of James Cummmg built circa 1835. The house is built in the Classical Revival style with a symmetrical facade which exhibits balance and harmonic proportions. The two storey portico has a rounded pediment with decorative brackets and Ionic columns. The building is considered an excellent example of the style and rare in Niagara Falls. LACAC had previously invited the owners to have the exterior of the original building designated as a heritage site. The owner's representative indicated they were planning an expansion and did not wish to pursue designation. LACAC extended an invitation to the owners to discuss the possibility of integrating Riverview Cottage into the expansion plans and pursue heritage designation. The Committee did not receive a reply. Willoughby Manor is an important part ofthehistoryofChippawa and Niagara Falls. The Manor with its stone and iron wall is a landmark in the community. The first retirement home addition served to preserve the original home and respected its architecture because the new portion was erected to the rear and therefore recedes from the historic dwelling. The planned addition overwhelms the original structure and will detract from the building's pres~mce on the street. The proposed expansion will destroy the symmetry and balance of the historical style. Further, the height and scale is completely out of character with the balance of buildings on the street. LACAC is of the opinion the addition is not sympathetic with the existing structure, does not retain the Ray Corey Bond house (Riverview Cottage), is out of character with the other dwellings on the street. Working Together to Serve Our Community Clerk's Finance Human Resources · Information Systems · Legal Planning & Development -2- The Committee would be willing to meet with the applicant and his architect to provide input to preserve the historic character. S :kZON INGVuMS~2000kAm-37hMayor-Council.ltr,wpd Respectfully Submitted: Kym Cody, Chair Local Architectural Conservation Advisory Committee Mayor Thompson As a resident of Chippawa and a life long resident of Niagara Fails, I am writing to you concerning the addition to Willoughby Manor Willoughby Manor is a beautiful home and in a beautiful location. What has been done to the original home and keeping it looking as it did in the early 1900's would make the original owners proud. The inside of the building still has the original staircase, which is not being used. My father is a resident of Willoughby Manor and can remember playing with the boys who lived in the home and using the stairs. (My dad is 90 years old now). The owner of Willoughby Manor will add to the home in the same way it is right down to the brick. The addition is needed know in the Niagara area, as there is a three-year waiting period for Willoughby Manor for new residents waiting to move in and more space is needed for residents IMng in Willoughby now. The addition is also going to make room for 12 Extended Health Care units. When residents of the Manor need more care they would be able to stay in there home and not have to be moved which is hard on the elderly and confuses them. Besides that, where do they go. I'm sum you would be proud to have your parent or a dear one of yours calls Willoughby Manor their home. It is a beautiful place to live and the care is outstanding. You would not want to be told there is no room in the Manor. People drive by and look at the homes on Bridgewater Street and they are beautiful. Willoughby Manor has added charm to the street and area people stop and look this will not change I hope other seniors are able to call Willoughby Manor their home. Yours Sincerely, ~ / Nancy Jeal~ny JAN-lS-~I 14,12 pMOM:L~W OPPIC~S ID~S~53Se???2 PAGE 1/1 BRIAN SINCLAIR, Q.C. Ban'ister and Solicitor 6617 O~ummond'Road Niagara Falls, Ontario [.2G 4N4 TEL: (906) 356-7755 FAX: (906) 356-7772 January 19, 2001 City of Niagara Falls. P.O. Box 1023', 4310 Quee~ ~tre~t NIAGARA FALLS, OntariD L2E 6X5 Attent~on~ N~yor Wa~e Thomson ~&rs o~ Citv Co,oil Dear Sirs: Please be advised I am a resident in the nearby area of Willoughby Manor. I am opposed to the proposed expansion of willoughby Manor, which will be presented to Niagara Falls city council on January 22, 2001. I have reviewed a letter dated December 11, 2000 from Ms. Italia Gilberti of Broderick & Partners, addressed to Mr. Doug Darbyson, and agree with the objeations raised in sai~ ~etter. The proposal does not comply wi~h the intent and purpose of the City's O~ficial Plan. The height of the proposed addition is not in character with the surre~dlng area. I query whether all of the required parking can be provided on ~ite. Another concern is the reduced landscaping that will occur as a result o~ th~ necessary maneuvering aisles. I will endeavour to attend the City Council meeting to express my strong opposition, however, I am currently away on vacation. I thank you for your a~tention =o this matter. Yours faithfully BRIAN SINCLAIR, Q.C. BS/ab JAN-22-2001 9:2S FROM SULMA TO 3569083 January 22, 2001 Pkasc Reply to St. C~harlnes Office Mr. Woody Wagg Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Six: Re; Willoughby Manor 3584 Bridgewater Street Re; Public Meeting -January 22, 2001 With re{erence to the above matter and the scheduled meeting under the Planning,4a to deal with thi~ application I am writing to you and to Council to indicate that we will be ~g Council's indulgence to adjourn the meeting. Late on Friday afternoon we received Staff Report PD2001-24. Unfortunately the wrirar was unable to discuss its contents with our clients and their consukants until this morning. Planning staff have raised certain issues which my client belieVes it can adctre~s in a meaningful and substantive hshion if it is given a reasonable period of time to deal with th~m. Obviously our ability to do so in a me~nln.gful fashion between now and this evealng is very limited and quite frankly we do not feel comfortable that we can do so as thoroughly as we wish Throughout this process we have t'aken a most care{ul approach to deal with each and eVery planning issue and at this, the critical stage of the proceedings, we want to continue to do SO, 2AH-22-2001 9;25 FROH SULHA TO 3569003 P.803/003 Page 2 We certainly appreciate that notice o£ the meeting has been circulated and publishld md therefore the writer will be in attendance to explain more fully the reasons for our request. Yours very truly Sullivan ~1~ Mayor and Members of Council Mr. Doug Darbyson Director o{ Planning Me~ro Capital Group TOTAL P.003 .01/19701 F~I lA:Z9 F.~..~ 9u5 ~A1 ozu~ Fa~ ~IA~A~A ?LA~I~G ~00! PLANNING AND DEVELOPMENT DEPARTMENT The Regional Munlcll~ltty of Niagara 3550 $chmon Parkway, P,O, 8ox 1042 Thorold, Ontario L2V 4T7 Telephone: (90S) 984-3630 Fax: (905) 641.$20S E-mall: planl~regio hal. niag ara. o n. ca January 19, 2001 File: Mll.27 Mr. Doug Darbyson, MCIP. RPP Director of Planning City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 r~uidets de transmission par ~d~copieur p~,stolt" Fax Note ?eT~e Dear Mr. Darbyson: Re: Proposed Zoning By.law Amendment Expansion of Willoughby Manor Retirement Residence Bridgewater Street - Main Street City of Niagara Falls Your File: AM-3712000 (Metro Capital Grouo~ This rezoning application proposes to permit an expansion of the existing Willoughby Manor Retirement Residence. The proposed expansion consists of a 1 storey addition above the existing terrace, a 4 storey addition on the east side of the existing building, and additional parking. From a Regional planning perspective, we support the approval of this application to provide alternative housing units for seniors within the Chippawa Urban Area Boundary, which is consistent with Regional and Provincial housing policies that encourage the provision of a full range of housing types. From a Provincial review perspective, the section of Welland River in this location from the Niagara River west to the power canal is identified as an Important (Type 2) fish habitat. The Niagara River is a Critical (Type 1) fish habitat. There is an intervening roadway (Bridgewater Street) and a narrow grassed shore between these lands and the Welland River. Although there are existing storm sewers servicing this area, we understand that a direct outfall for this site to the Welland River is proposed. As such, Regional Planning staff circulated this application to the Niagara Peninsula Conservation Authority in accordance with the Region's agreement with the Authority to undertake Municipal Plan Review (see attached letter). The Conservation Authority has provided its comments to us and has requested that the storm outlet design be provided to the Authority for its review as well as the review of the Department of Fisheries and Oceans. As noted by the Authority, of particular interest is any ouffall design involving construction below the water level. In addition, · 01/19/0~ FR! 14:~0 FAX 90S 641 $208 - PEg ~IAGARA PL.~II~ING ~002 2 appropriate stormwater management and erosion/sediment control measures should be considered, These maffers can be addressed through the site plan review process. In conclusion, Regional Planning staff has no objection to the approval of this application subject to the above matters (Submission of storm ouffall design, stormwater management and erosion/sedimentation controls) being addressed at the site plan approval stage. Please send notice of the City's decision on this application. Yours truly, David J. Farley Assistant Planning Director PB/ C: Regional Councillor W. Smeaton Mr. P. Bond, Niagara Peninsula Conservation Authority Mr. J. Durst, Ministry of Natural' Resources, Vlneland Station Mr. W. Stevens, Regional Public Works ifatAM.2~.00,doc p01/19/01 FRI 13:13 F.~I 9057881121 _ NPCA ~002 NIAGARA PENINSULA CONSERVATION AU T H 0 R I T Y January 19, 2001 File no, MPR 9,20 Region of Niagara Planning and Development Dept. 3550 Schmon Parkway P.O. Box 1042 Thorold, ON L2V 4T7 Atth: Mr. David Farley Assistant Planning Director Dear Sir: Subject: Application for Zoning Bylaw Amendment Willoughby Manor Retirement Residence Bridgewater Street/Main Street Niagara Falls . VIA FAX The Conservation Authority has reviewed the above noted applicetion for zoning bylaw amendment and offer the following comments and observations. The cover letter accompanying the "Public Meeting Notice" indicates that a direct outfall to the Welland River is being proposed to accommodate this development. In order to provide more detailed comments on this proposal, we would ask that the storm outlet design be forwarded to us for review. Outfall to the Welland River will be reviewed by the Department of Fisheries and Oceans (through our office). Our Authority (and the DFO) would be particularly interested in any outfall design involving construction below the water level vs. a simple piped outlet spilling into the river. I trust the above will be of assistance to you. Please do not hesitate to call should you have any further questions in this matter. Yours Truly, Watershed Planning Technician (ext. 234) PEB cc: Mr. D. Darbyson, Planning Director, City of Niagara Falls (via fax) On. do The Niagara Parks Commission Brian E. Merrett John A~Vl. Kemahan P.O. Box 150, Niagara Falls, Ontario, Canada L2E 612 E-Mail: npinfo~niagaraparks,com · Web Site: http://www.niagoraparka.com Telephone 905/356-2241 Fax 905/354-6041 January 19, 2001 Ken Mech Planner 2 City HaLl 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Sir: Re: Zoning By-Law Amendment Application C!ty File AM-3712000 3584 BHdgewater Street, 3574 Bridgewater Street Proposed Addition to Wiloughby Manor Retirement Residence Thank you for notification of this above noted application. As this proposed development is within the jurisdiction of the "controlled access roadway" designation of Niagara Parks Commission roads ( Bridgewater Street ) the Commission has some concerns with certain aspects of the project. Niagara Parks staff did meet with the proponents planner, Mr. R. Brady and did clarify some aspects of the proposal. While the Commission does not oppose of the Willoughby Manor expansion, we do require certain approvals and some modifications of the plan may be appropriate in this historically residential area. a) The proposed storm drain outlet to the Welland River will require an easement across NPC lands, an engineered outfall and prior approvals from such agencies as Ontario Power, the Ministry of Natural Resources, Ministry of the Environment along with any other agency involved in such matters. b) Parking lots are not allowed in front yards according to the Zoning By-Law. Access permits to controlled access roadways are required under the Parks Act. The Commission would prefer that the additional parking lot along Bridgewater Street be deleted. 61/19/01 15:04 FAX 905 356 7262 NPC TECH SERVICE **~ CITY NIAG FALLS ~002/002 o) The proposed 4 storey addition is 50% higher than allowed for under the current zoning. We would suggest that the height of the building be reduced by one floor to remain in keeping with the neighbouring residences. We would appreciate your keeping us informed of the status of this application. Yours truly, David E. Gillis, M.A.A.T.O. Manager Planning & Properties DG:cp cc: Mr. T. Thomson Mr. and Mrs. B. Beaton (~hief At~miuistratiue (Offi£er January 22, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: re: CAO-2001-01- Transfer of Hotel, Motel and Nursing Home Fire Safety Inspections RECOMMENDATION: This report be received and filed for the information of Council pending a further report from Community Services (Fire Services). BACKGROUND: As Council may be aware, fire safety inspections for hotels, motels and nursing homes across the province have, in the past, been the responsibility of the Fire Marshal's Office within the Provincial Ministry of the Solicitor General. Recently, as part of its downloading of services initiative, these responsibilities have been transferred to local area municipalities within the Province. From an operational point of view, the transfer of these responsibilities to local area municipalities has merit in that local fire departments posses the necessary expertise and proximity to better deal with these inspections than the Provincial Fire Marshal's Office. The problem for Niagara Falls, however, is that it has by far the most hotel rooms per capita of any municipality in the Province. Accordingly, the downloading of this responsibility to the City of Niagara Falls poses significant incremental cost implications that, in the absence of any assistance from the Province, will be borne by the local taxpayer or by individual owners of these facilities. For several months now we have been discussing this matter with the Fire Marshal's Office and with our local M.P.P., Bart Maves in order to try to obtain a reasonable transfer schedule and financial assistance for this transfer. Mr. Maves has been - Page 2 - January 19, 2001 ....... h-tte~pfing, ff~rough the Ministry of Finad~eTto Obtain financial Supp6rt for the City, however, as at me wnung ot mis report, no assurances in mis regara nave oeen obtained. Moreover, in the last week the City has received letters from the Fire Marshal's Office advising that the implementation of this transfer will commence this year. The purpose of this report is to apprise Members of Council of this issue and to advise that our Fire Services Department will be preparing a report in the next two weeks outlining how we intend to implement this transfer and cost implications related thereto. Respectfully Submitted: Edward P. Lustig Chief Administrative Officer EPL:cec Ul/l~/U1 F~J U~:U? ~'AA ~0§ g§~ §0~6 SellDa ¥o1~a~1 ~OOl IN THR MATTER ora Hearing pursuant to the Municipal.4¢t and By-law Nos, 2000-164 and 2000-199 AND IN THE MATTER OF a Hearing regarding HENRY DICIENZO Stage 3 Eligibility requirements and his application for a Body-Rub Parlour Owner's Licenee DECISION OF COMMITTEE JANUARY 8, 2001 1. S tkmmary of Evidence fl¸, Applicant - Henry DiCien.zo *ALTItOUGH NOTIFIED, NO-ONE APPEARED ON BEHALF OF TIlE APPLICANT. ii. Application For body-mb parlour owner's licence, dated 1999/09/20; Affidavit of conflent and statement of no interest; Site plan application tbr 8700 Lundy's Lane, dated 2000/02/24; 1254265 Ontario Limited assumes title to 8700 Ltmdy's Lane, dated 1998/05/29; Letter from Mr. Ungaro indicating that he is acting for Henry DiCienzo, dated 2000/03/22; Letter from J. David Pounder Limited, Consulting Engineer and Architect, dated 2000/06/14. Page 1 of 6 01/15/01 THU 14:42 FAX 905 358 5056 Seltna Volpattl ~oo2 Counsel to Committee: j. City of Niagara Falls By-law 9g-03, a by-law to amend By.law No. 79- 200, the Zoning By-law, to provide for body-rub parlotrrs as a permitted land use in the City of Niagara Falls. ii. Letter from City of Niagara Falls indicaling that application for 8700 Lundy's Lane will proceed to Stage 3: License Eligibility, dated 2000/01/18; iii. Staff report recommending that site plan for 8700 Lundy's Lane be approved, dated 2000/04/03; iv. Letter from SullivamMahoney regardin4~ issues arising from public meeting of May 16, 2000, dated 2000/05/18; v. Air, davit of Recto Vacca regarding two body-mb paleur applications, that of Carolyn Fraser and Henry DiCienzo, dated 2000/05/24; vi. Letter ~om City to applicant requesting a meeting dated 2000/06/12; vii. Minutes of a meeting between City Staff and Henry DiCienzo, dated 2000/06/19. Page 2 of 6 01/18/01 ~MU 14;43 FAX 905 388 $08§ Sellna Volpattl ~oo3 SUMMARY OF ARGUMENTS PRESENTED BY THE PARTIES a. Applicant: i, Henry DiCienzo claims that he has no interest in the application ibr a body- rub parlour licance for 5834/5826 Buchanan Avenue; ii. Henry DiCienzo claims that he lent Carolyn Fraser a total of $70,000 tu purchase the two properties on Buchanan with no interest and no documentation of the loan; iii. Henry DiCienzo states that he prepared the lay-out for the site plan ou Buchanan Avenue, and prepared and signed the Application for Site Plan Approval; iv, Heray DiCienzo states that his company, Flying Saucer Drive-In Limited, has no interest in the proposed business at 5834-5826 Buchanan Avenue; Counsel to Committee: i. Henry DiCienzo has an interest in two body-rub parlour applications, one at 8700 Lundy's Lane, and the other at 5834/5826 Buchanan Avenue. ii. This is in contravention of By-law 2000-199 which states: Section 5 (1) No person shall hold more than one owner's licence either directly or indirectly, at one time. (2) No owncr's licence shall be issued to any person who already bolds an owner's licencc or who owns or controls any other body-mb parlour in the Municipality. ii 'the City should not issue a licencc to Henry DiCienzo for 8700 Lundy's Lane. Page 3 of 6 01/18/01 THU 14:43 FAX 905 358 5086 Sellna Volva~tl ~oo4 FINDINGS OF FACT a. Henry DiCienzo has an interest in a body.mb parlour licence at 5834/5826 Buchanan Avenue and has also applied for a body-rub parlour at 8700 Lundy's Lanc; b. The by-law clearly states that one person can hold only one licence in the City; c. The Court has ordered that the application of Henry DiCienzo remain active and not be affected by the l$0-day limitation period. d. The Court has also ordered that the City is entitled to continue with any procedures or steps pursuant to the Body-Rub Parlour Licensing By-Law. Page 4 of 6 01/18/01 THU 16:41 FAX 905 358 5086 Sellna Volpa~l RECOMMENDATIONS OF COMMITTEE WITH REASONS THEREFORE ON THE MERITS OF THE APPLICATION IN KESPECT OF WHICH THE HEARING HAS BEEN CONDUCTED. TIlE COMMITTEE RECOMMENDS THE FOLLOWING TO THE COUNCIL O1~ THE CITY OF NIAGARA FALLS: The Committee finds that Henry DiCieazo has an undisclosed interest in the Body-Rub Parlour Lieenee Application at 5834 Buchanan Avenue. Henry DiCienzo has also applied tbr a body-rub parlour owner's licence at 8700 Ltmdy's Lane. The applicant, Hcm~j DiCienzo, has applied for mom than one body-rub parlour licence in the City of Niagara Falls, in contravention of By-law 2000-199, which prohibits any one person from having any interest, whether direct or indirect, in more than one body-mb parlour licence or license application. In its report" IN THE MATTER of a hem'ina oursuant to the Municipal Act and By-law Nos. 2000-164 and 2000-199 AND IN THE MATTER ora Hearin~ re~,ardin~, CAROLYN FRASER Staee 3 Eligibility requirements in herApplication for a Body-Rub Parlour Owner's License. DECISION OF COMMITTEE January 8, 2001 ", the committee has recommended to Council that the application of Carolyn Fraser at 5834 Buchanan Avenue not proceed. Consequently, the application for 5834 Buchanan Avenue having been denied, the Committee sees no reason why the application of Mt. Henry DiCienzo at 8700 Lundy's Lane should not proceed. The Committee recommends to the Council of the City of Niagara Falls that the City continue to process Mr. Heray DiCienzo's application iht a body-rub parlour at 8700 Lundy's Lane, Niagara Falls, Ontario. Page 5 of 6 01/1~/01 THLI 14:43 FAX 905 3§~ Alderman Art Federow ~c~ ~ ~ ~0~ ~_.._... AldcrJn~n C ~olynn loannoni Alderman Selina Volpatti (Chair) Page 6 of 6 IN THE MA'I~fER ora hearing pursuant to the Municipal Act and By-law Nos. 2000-164 and 2000-199 AND iN THE MATTER of a Hearing regarding CAROLYN FRASER Stage 3 Eligibility rexluiremants in her Application for a Body-Rub Parlo~r Owner's License DECISION OF COMMITTEE January 8, 2001 1. SUMMARY OF EVIDENCE Applicant - Carolyn Fraser *ALTHOUGH NOTIFIED, NO-ONE APPEARED ON BEHALF O F THE APPLICANT, i. Application for body-rub parlour owner's license dated 1999/09/16. ii. Offer to lease between Carolyn Fraser and l-lelen Furman dated 1999/08/01. iii. Application for site plan approval - 5834 Buchanan Avenue 1999/02/25. iv. Letter from Mr. Ungaro~ solicitor for Carolyn Frmser, indicating that his c!ient would modify house to suit by-law distance requirements 1999/11/17 v. Letter from Mr. 'Ungaro dated 2000/02/23 with application for site plan approval, vi. Carolyn Fraser's letter requesting that the City accept cash in lieu of required parking dated ? vii. Letter from Mr. Ungaro indicating that CarolB~ Fraser had bought 5826 Buchanan Avenue to satisfy parking requirements dated 2000/04/18 viii. Transfer/Deed of Land - 5826 Buchanan Avenue dated 2000/04/27 Lx. Lcttcr from Guy Ungaro demanding that Carolyn Fraser's application for license be approved dated 2000/05/18 Page 1 of 7 x. Letter from Mr, Pounder regarding ownership of Lundy's Lane and Buchanan Avenue dated 2000/06/14 Counsel to Committee i. City o£Niagm'a Falls By-law 98-03, a by-law to amend By-law No. 79- 200, the Zoning By-law, to provide ibr body-rub parlours as a permitted land use in thc City of Niagara Falls; ii. Plmming report re: 5834 Buchanan Avenue dated 1999/10/28 iii. Letter from City indicating distance requirements of by-law not met dated 1999/11/05 iv. Letter from City indicating application proceeding to Stage 3: License Eligibility v. Letter from City indicating that applicant must either provide parking or apply to Council to ~ccept cash-in-lieu dated 2000/03/28 vi. Staff report recorrmaending that cash not be accepted in lieu of parking £or 5834 Buchanan Avenue dated 2000/04/10 vii. Staffreport recommending that Council approve the siite plm~ for 5826/5834 Buchanan Avenue, dated 2000/05/08 viii. Letter to Carolyn Fraser indicating that the site plan fer 5826/5834 Buchanan Avenue had been deferred, dated 2000105/11 ix. Notice of public meeting to be held regarding site plan for 5826/5534 Buchanan Avenue to be held 2000/05/16 x. Letter from Sullivan-M~dtoney regarding issues arising from public meeting of May 16, 2000, dated 2000/05/18. xi_ Affidavit ofKocco Vacea regarding t~x,o bndy-rub palour applications, that of Carolyn Fraser and Henry DiCienzo, dated 2000/05/24 xii. Letter from City to applicant requesting a meeting dated 2000/06/12 xiii. MinuTes of meeting between City staff and applicant dated 2000/06/19 xiv. Minutes of'meeting between City staffand Henry DiCienzo dated 2000/06/19 Page 2 of 7 2, SUMMARY OF AKOUMENTS PRESENTED BY THE PARTIES Applicant: i. The applicant, Carolyn Fraser, indicates that she is the sole proprietor of the business named "Spa 2000% applied tbr at 5834 Buchanan Avenue. ii. The applicant, Carolyn Fraser., maintains that she has furnished only true, accurate and complete inlbrmation to the clerk of the City of Niagara Falls regarding the ownership and management of the body-mb parlour to bc built at 5834 Buchanan Avenue, Counsel to Committee Carolyn Fraser maintained in the "Application for Body-Rub Parlour Owner's License" that she was the sole proprietor of the new business to be known as "Spa 2000". She did not disclose that she had any partners, nor was any other person involved in "Spa 2000" in any way. Yet Henry DiCienzo appears to have a controlling interest in the business, ii. The City of Niagara Falls claims that Carolyn Fraser furnished false and/or misleading and/or incomplete information to the Clerk, and that therefore her application for a body-mb parlour should not be processed. Page 3 of 7 FINDINGS OF FACT Carolyn Fraser did apply for a body-rub parlour at 5834 Buchanan Avenue. On this application, Carolyn Fraser asserted that she was the sole proprietor of the proposed body-mb parlour to be named Spa 2000; Carolyn Fraser did meet the locational, parking and site plan requirements of the by-la~v. The Court has ordered that the application of Carolyn Fraser remain active and not be affected by the 180-day limitation period. The Co'urt has also ordered that the City is entitled to continue with any procedures or steps pursuant to the Body-Rub Parlour Licensing By-Law. Section 7 of the "Application For Body-Rub Parlour Owner's License", which contains a declaration of"Statement of No Interest" was signed by Caxolyn Fraser and states clearly that "the fumishment of a false or misleading recital of fact, statement or representation hereh~ is reason to deny an application under this By- Law". Carolyn Fraser, by her own admission: i. Had no contact with anyone at the firm "J, David Pouader Limited, Consulting Engineer and Architect", which firm was preparing the plans, etc., for the project; ii. Had no idea of the co.~ of redoing the interior of the b'ailding; iii. Had no banker, no auditor, no construction manager; iv. Had no business plan, or any other business knowledge either written or verbal which would indicate that she was indeed the sole owner and proprietor of the proposed business; Henry DiCienzo lent Carolyn Fraser and Helen Furman $70,000.00 to purchase the properties at Buchanan Avenue with no written record of the loan, no payments and no interest. Henry DiCienzo's business, Flying Saucer, paid J. David Pounder Limited, Page 4 of 7 Consulting Engineer and Architect for preparing the drawings for thc proposed body-mb parlour. Mr. DiCienzo retained the architcct, the contractor and the lawyer; Henry DiCienzo prepared the layout for the site plan, and prepared and signed the application. Given the evidence in the affidavit of Rocco Vacca, we accept his claim that Hera'y DiCicnzo "who currently holds the provisional Tight to an owner's license for the proposed Body-Rub Parlour at 8700 Lundy's Lane will at the same time, own or control the proposed body-mb parlour on Buchanan Avenue ffbody-rub parlour licenses are issued to operate at both locations."; Carolyn Fraser gave misleading information on her application for a body-rub parlour when she indicated that she was the sole proprietor of the proposed business. Page 5 of 7 01/18/01 THU 16:39 FAX 905 358 5086 Sellna Volpar~l ~ 001 RECOMMENDATIONS OF COMMITTEE WITIq REASONS THEREFORE ON THE MERITS OF THE APPLICATION IN RESPECT OF WI-IICI4 TIlE HEARING 14AS BEEN CONDUCTED. THE COMMITTEE RECOMMENDS THE FOLLOWING TO THE COUNCIL OF THE CITY OF NIAGARA FALLS: It is tl~ finding of this Committee that the applicant, Carolyn Fraser, is not the sole proprietor of the proposed body-rub parlour at 5834 Buchanan Avenue. It is evident to all :members of the Committee that Mr. Henry DiCienzo, the applicm~t of record for the proposed body-rub parlour at 8700 Lundy's Lane has at least a controlling interest in the body-rub parlour proposed for 5834 Buchana~ Avenue, and that he may well be the sole proprietor of that business. Mr. Rocco Vacca's affidavit contains exhibits which conclusively prove that Mr. Henry DiCienzo controls thc proposal at 5834 Buchanan Avenue. Extfibits 'E' and "F" in particular show that the Flying Saucer Restaurant Limited, a company controlled by Mr. Henry DiCienzo, had made application for the proposed body-rob parloux at 5834 Buchanan Avenue. Carolyn Fraser had the opportunity and thc duty to disclose Mr. Henry DiCianzo's involvemenI with the proposed Spa 2000 at the time she made application, but she did not,, in contravention of By-laws 2000-164 and 2000-199. By-law No. 99-164 states: "Section 52(b)(1 ) The following are the grounds upon which a licence may be refused, revoked or suspended; upon which an application may be refused or not proceeded with; or upon which an application to change the ownership or location of a body-rob parlour may be refused; or in re.~pect of which the Page 6 of 7 01/18/01 THIT 16:39 FAX 905 358 5056 Sellna Volpa~l ~oo2 Council may impose conditions including special conditions, as a requirement to the issuing or holding of a License: (d) The furnishing of any false, raisleading or incomplete information to the Clerk, or the failure to provide all information and documents required to be provided to the Clerk under this By-law, including any changes to such information or documents within four days of their occurrence. Clearly, Carolyn Fraser failed to provide complete information to the Clerk about the proprietorsl:dp of 5834 Buchanan Avenue, so that the information on her application was false, misleading and incomplete. During the interview of June 19, 2000 with City staff, Carolyn Fraser continued to provide thlse, misleading and incomplete information. This Committee agrees unanimously that Carolyn Fraser furnished false, misleading and incomplete information in her application and interview, and therefore recommends that the City of Niagara Falls not proceed with processing her application. Alderman Art Federow CarOl' - Alderman yah Ioannoni Aldermar~ Selina Volpatti (Chair) Page 7 of 7 NIA A OFFICE OF THE REGIONAL CLERK The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 685-1571 Facsimile: (905) 685-6243 E-Mall Address: rholiick@regional.niagara.on.ca January 11,2001 Mr. E. C. VVagg, Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Wagg: Area Municipal Council Representative on The Joint Committee on Governance We have attached a copy of the Terms of Reference for the Joint Committee on Governance, and would request that your Council appoint a representative to this Committee. Please submit to the undersigned the name, address, contact numbers and e-mail address for the appointed representative. We are tentatively scheduling the first meeting of the Committee for early February. Once the membership is complete, and meeting arrangements finalized, we will circulate the agenda. Thank you for your assistance in this regard. If you require further information, please do not hesitate to contact the undersigned at Ext. 3217. Thomas R. Hollick Regional Clerk Attach. Copy to: Regional Chair Zimmerman Mike Trojan (L:~/ISWORD:J12 Area Clerks - Governance Appointment) JOINT COMMITTEE ON GOVERNANCE" TERMS OF REFERENCE FOR THE REVIEW OF MUNICIPAL GOVERNANCE IN THE NIAGARA PENINSULA Introduction: A joint committee with elected representatives from the twelve area municipalities and the Region has been established to formulate a "Made in Niagara" solution to the issue of municipal governance reform. Background: The Minister of Municipal Affairs and Housing on September 24, 1999 released terms of reference for Municipal Reform as a guide for municipal reform discussions. The principles outlined by the Minister are as follows: · Fewer municipal politicians while maintaining accessible, effective, accountable representation, taking into consideration population and community identity. ,Lower taxes by reducing overall municipal spetfding,' deli~vering high i:luafity sergices at the lowest possible cost, preserving voluntarism, and promoting job creation, investment and economic growth. · Better, more efficient service delivery while maintaining taxpayer accessibility. · Less bureaucracy by simplifying and streamlining government, reducing duplication and overlap, and reducing barriers and red tape for business. · Clear lines of responsibility and better accountability at the local level by reducing duplication and overlap. The Minister outlined a suggested process and a number of issues to be addressed in any recommendations resulting from the reform process. These Terms of Reference address the review of the Governance of municipal (Local and Regional) functions. The Committee will be comprised of both Regional and Area Municipal elected representatives appointed by their respective Councils. 1. Purpose: The purpose of the detailed review of the Governance of municipal (Local and Regional) functions is to make recommendations regarding: the structure and governance of the Regional and Area Municipalities implementation phasing having regard for the impact of any of the proposed changes Page 2 It is expected that the Review will yield recommendations on these issues which are relevant to the political, social and economic realities in Niagara, in light of realignment of service responsibility between the Region and the Area Municipalities, arising from the Joint Committee's Terms of Reference, the recommendations of other Technical Sub- Committees, the Ad Hoc Committee on the Review of Municipal Services, and the realignment of services announced by the Province of Ontario in January, 1997. That a triple majority be required to adopt recommendations: a majority vote of Regional Council (15) a majority of Niagara's lower-tier municipalities representing (7) a majority of the eligible electors (50% + 1) according to the voter's list. Public Consultation: -- "Painting a Picture of Niagara" Critical to the review process is the opportunity for members of the community to contribute and to share their ideas with their elected representatives and with each other. The joint committee through various means will enable and encourage the community to become involved in the process and dialogue~ in an open, inclusive and non-lhreatening way, about the future of their local government. The joint committee will consider all input received through the public consultation process when developing its recommendation for governance refokm. Tasks: In order to address the representation and accountability issues the Review will: · Solicit and consider input through the public consultation process · Identify options available · Analyze the options and select preferred structural arrangement(s) from the options available · Consider recommendations encompassing the following: · Governance structure for the new municipality or municipalities: Municipal structure number of municipalities boundaries of municipalities name(s), or a process for selecting names, and status for new municipalities other community decision-making bodies if necessary Council(s) composition and size method of election number of wards and ward boundaries, if any initial council committee structure Page 3 Local Boards (as necessary) number and nature of local boards size and composition of boards method of determining representation number of wards and ward boundaries for elected boar. ds External boundaries whether existing regional boundaries are to be modified, and if they are, the new external boundaries of the area along with the proposed status of any area removed from or added to the regional municipality impact on municipalities affected · Additional Issues transitional provisions, including reserve funds and area rating of debts special provisions unique to the area being restructured, including special municipal powers to be continued any further matters relevant to the restructuring of local government in the regions. ._ . Structure and Process: a) The Joint Committee shall be composed of an elected representative from each of the twelve Area Municipalities, and a maximum of twelve Regional Councillors, to be appointed by their respective Council, plus the Regional Chair. In the event of the change in representation, a resolution from the respective Council will be required. b) The Joint Committee will review municipal governance in the Niagara Peninsula, in accordance with these Terms of Reference. c) The Joint Committee will be co-chaired by an Area Municipal :representative and a Regional representative. In accordance with the attached structure, the Joint Committee will be supported by a Political Group (Heads of Councils) and a Technical Administrative Group (CAO's of Region and Area Municipalities). d) The Joint Committee has developed these Terms of Reference for the review of Governance within the following time frame: Finalize and approve Terms of Reference and submit to Area Municipal Councils for approval (Jan/2000); · Area Municipal responses to Joint Committee (Dec/99 - Jarg2000); Joint Committee hosts public meetings (Nov/99 - Dec/99); Joint Committee submits results of public meetings to consultant engaged by the Heads of Councils (Dec/99); Page 4 · Joint Committee receive and consider submissions including study initiated by Political Group (March 30, 2000); · Develop recommendations for submission to Regional and Area Municipal Councils concurrently for (April 30, 2000) · Recommendations considered by Regional Council (May 30, 2000). e) Updates on the progress of review of Governance will be provided on direction from the Joint Committee. 2000/09/08 81/12/2881 1~:57 1-985-374-4488 M,M.C, SAC OFFICE Student Administrative Council (SAC) Friday, January 12, 2001 Niagara Falls City Council 4310 Queen St. Niagara Falls, ON Dear City Clerk, The Student Administrative Council (SAC) of Niagara College has booked three hours of ice time at the Memorial arena for January 24, 2001. A Skate-a-thon that is to benefit the Adopt-a-Minefield charity is the purpose of this booking. Adopt-a-Minefield is a program which, "engages individuals, community groups, and businesses in the United Nations in effort to remove landmines around the world. The campaign helps save lives by raising funds to clear minefields and raising awareness about the global landmine crisis." Niagara College SAC is requesting the City Council to offer a subsidised rate for the ice, due to the charitable purpose of the event. · We appreciate your consideration and attention to this issue. Thank-you, Jeremy Walls SAC VP-Intemal Affairs Maid of the Mist Campus (905) 374-7454 ext. 3645 Niagara Cc~le~e ¥~land Campus 300 ~x:llawn Roc3d, P O. ~ 1~5 ~ ~ L3B E~. 7659 ~. (~5] 735.3580 Niagara College Maid of ~ Mist Centre 5B81 bunn Street Niagara Fails ON L2G 2N9 ~.xt, 3645 fax. |~0§J 374-4400 Niagara Slen,::k:~ Nloga~ On The Lake ON L0S 1~ ~. 4225 Fax, {9051 98~4311 Failsview BIA 5400 Robinson Street 2"a Floor Niagara Falls, Ontario L2G 2A6 January l7, 2001 Mr. E.C. Wagg City Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Wagg: The Fallsview BIA would like to express its' appreciation and acknowledge the appointment of Councillor Art Federow as our newly-appointed City Council representative. We look forward to working with him and will be contacting him in the near future to make arrangements to introduce him to our members. In reviewing our goals and objectives, the opportunities before us, the establishment of our corporate office and the hiring of our new Business Development Manager, we would respectfully request that City Council appoint a second representative to join the Fallsview BIA. As outlined in By-law 98-223, point number 4., "The Board is a body corporate and shah consist of l l members appointed by the Council, two of whom shah be members of the Council and the remaining members shall be individuals qualified for membership in the Business Improvement Area or nominees of such individuals or of Corporations so assessed". While the Fallsview BIA previously felt that one Council appointee was sufficient and City Council supported our request at the time, we strongly believe that two members are more appropriate today. The number of projects currently taking place and those planned for in the near future are creating a great deal of excitement not only for the affected mombers but, the citizens of Niagara Falls as well. It is for these reasons we are forwarding our letter at this time. I trust our request meets with City Council's approval and look forward to a positive response in this regard. If you require any further information and / or clarification, please do not hesitate to contact me at your earliest convenience. Respectfully submitted, 3401 $chmon Pkwy P. O, Box 1051 Thorold ON L2V 5A8 Tel: [905] 685-5441 Toll Free: 1-800-461-0998 John B. Graham, P. Eng. General Manager- Niagara Tel : [905] 641-4853 Fax: [905] 984-4758 Email john.graham @ cgc.enbridge,com I IDGE Consumers Gas 2001-01-11 Mr. Woody Wagg Clerk, Corporation of the City of Niagara Falls P.O. Box 1023 ~'~ Niagara Falls ON ~2,~5 Re: Natural Gas Franchise - The Consumers' Gas Company Ltd. Please accept this letter as a request from Enbridge Consumers Gas to extend the current franchise agreement for an additional six-month period beyond the expiry date of the Interim Order on February 27, 2001. With your consent, the Company would like to file an application with the Ontario Energy Board under Section 10 (2) of the Municipal Franchises Actfor an Order extending the term of the right to operate works for the distribution of gas and supply gas to the City, for a period of up to six months from the current expiry date, or until such time as the Board can deal with the application for renewal of the franchise. Please confirm your agreement to the above by signing and dating a copy of this letter and returning same to us by facsimile. If you have any questions please do not hesitate to contact me directly at (905) 641-4853. ,,,'~ J~..~_ n B...Graham General Manager - Niagara Acknowledged, agreed and accepted by the City of Niagara Falls, this of ,2000. day Per: Title: Niagara Falls Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city.niagarafalls.on.ca BBS-2001-02 Mci Brown, CET, CBCO. Director His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: January 22, 2o01 BBS-2001-02 Appointment of Inspector - Douglas Evans RECOMMENDATION: That Douglas Evans be appointed as an Inspector pursuant to the Building Code Act 1992, as amended, and that By-law 93-283 be amended accordingly. BACKGROUND: Douglas Evans has been hired as an Applications Examiner in the Building & By-law Services Division. Accordingly, in order for him to perform his function it is necessary to appoint him as an Inspector in accordance with the provisions of the Building Code Act 1992, as amended. mended by: Mel Brown, Director of Building & By-law Services. Approved by: cDonald, ~Executive Director of Community Services. Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services CITY OF NIAGARA FALLS By-law No. 2001- A by-law to amend By-law No. 93-283, as amended, being a by-law to appoint a chief building official and inspectors under the Building Code Act. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Section 2 of the said By-law No. 93-283 is amended by adding the name of Douglas Evans, therefor. 2. This by-law shall be deemed to have come into force on the day of passing. Passed this 22nd. day of January, 2001 E.C.WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: Second Reading: Third Reading: January 22, 2001 January 22, 2001 January 22, 2001 Corporate Services Department The CiIy of Niagara Fall Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905/ 356-7521 Fax: E-maih kburden@city.niagarafalls.on.ca F-2001-04 Ken Burden Director January 22, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: F-2001-04 - Budget Schedules for 2001 and 2002 RECOMMENDATION: For the information of the City Council. BACKGROUND: For your information and review, attached is a copy of the proposed budget schedules for the years 2001 and 2002. Recommended by: K. Burden Director of Finance Respectfully submitted: E.P. Lustig Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services Working Together to Serve Our Communi~y Clerk's Finance Human Resources Information Systems Legal Planning & Development C The City of Niagara Falls ~., Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.cit¥.niagarafells.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafatls.on.ca F.2001-05 Ken Burden Director January 22, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: F-2001-05 - Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totalling $1,247,465.99 for the period ending January 22, 2001. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: K.E. Burden Director of Finance ..... lly ~mitted: E.P. Lustig Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services KEB:jd Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems Legal Planning & Development Niagara Falls Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niag arafalts.o n,ca January 22, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-09, Plouffe Agreement with the City Arenburg Agreement with the City Building Permits - Testamentary Devise Our File No.: 2001-12 and 2001-20 R.O. Kallio City Solicitor L-2001-09 RECOMMENDATION: 1. An Agreement dated January 10, 2001 between Carl Plouffe and Giovanna Plouffe and the City regarding application for a Building Permit with respect to Part 8 on Reference Plan No. 59R- 6480, on the south side of Carl Road, be authorized. 2. An Agreement dated January 12, 2001 between David Arenburg and Cathadne Lee Arenburg and the City regarding application for a Building Permit with respect to Part 17 on Reference Plan No. 59R-7414, on the south side of Detenbeck Road, be authorized. BACKGROUND: Carl Plouffe and Giovanna Plouffe are the owners of part of Lot 12 Concession 7 in the former Township of Willoughby now in the City of Niagara Falls designated as Part 8 on Reference Plan No. 59R-6480 and shown in heavy outline on the plan attached. The subject parcel was created under testamentary devise by the Last Will and Testament of William Nagy. David Arenburg and Catharine Lee Arenburg are the owners of part Lot 10 Concession 2 in the former Township of Willoughby now in the City of Niagara Falls designated as Part 17 on Reference Plan No. 59R-7414 and shown in heavy outline on the plan attached. The subject parcel was created under testamentary devise by the Last Will and Testament of Walter Olszewski. L-2001-09 -2- January 22, 2001 Pursuant to City policy, respecting lots created in this manner, any person or persons making application to the City for a building permit is required to enter into an agreement with the City to ensure that no building permit would be issued until such time as certain requirements are met. The agreement not only binds the owner of the subject land but also their respective heirs, executors, administrators, successors and assigns and assigns in title. In exchange for meeting the requirements described in the agreement, a building permit would be granted to the owner of the subject lands. Staff reviewed the requests and has determined that agreements between the parties would be appropriate to adequately protect the City. S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. 2,~m. ed by: City Solicitor. ioved by: ,~ Tony Ravenda, Executive Director of Corporate Services. Edward P. Lustig, Chief Administrative Officer. Clerk's Finance Working Together to Serve Our Community Human Resources · Information Systems · Legal · Planning & Development '7~Al The Ciiy of Niagara Falls Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2001-10 Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca January 22, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-10, Jain Encroachment Agreement with the City 5720 - 5724 Stanley Avenue at Forsythe Street Our File No.: 2000-88 RECOMMENDATION: The continuation of the encroachment of the eaves and part of a building at 5720 - 5724 Stanley Avenue, as set out in heavy outline on the plan attached, be permitted. BACKGROUND: A request has been received from Vinod Jain and Trishla Devi Jain, the owner of 5720 - 5724 Stanley Avenue for permission to continue the encroachment of the eaves and part of a building upon the Forsythe Street road allowance. The plan attached shows, in heavy outline, the encroachment extending onto the road allowance and designated as Part 2 on the Plan. The owner has agreed to enter into an encroachment agreement with the City to permit the continuation of the encroachment. Under the agreement the owner agrees to remove any such portion of the encroachment erected upon the Forsythe Street road allowance at any time, upon 30 days notice, in writing, from the City in the event that the said part of the road allowance is required by the City or by any utility company serving the area, for its purposes. In accordance with L-2001-10 -2- January 22, 2001 established policy, an O.L.S. plan of survey, an O.L.S. description of the encroachment, the legal fee of $300.00 and other supporting information have all been received from the owner's Solicitor. In addition, the applicant will be required to reimburse the City for any other corporate costs that may be incurred. Staff has no objections to the continuation of the encroachment. PreparEd by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. ,ed by: City Solicitor. Tony Ravenda, Executive Director of Corporate Services. Res ctfully Su!~nitted. ~ Chief Administrative Officer. Clerk's Finance Working Together to Serve Our CommuniO; Human Resources /nformation Systems Legal · Planning & Development FORSYTHE (BY BY-LAW No. 70-111, INST No.125724) (FORMERLY LINCOLN STREET BY pLAN 9) -- PIN 64546 - 0109 (LT) l-r-i g ~ LOT ~.~ PIN 64547 - 866 865 0002 (LT) ~ 86? / / STREET