Loading...
Additions to Council June 11/07 (2) ADDITIONS TO COUNCIL. MONDAY. JUNE 11.2007 COUNCIL 1. Email regarding presentation to Niagara Falls Red Raiders - to be rescheduled. 2. Letter from David and Marta Jovanovic re: PD-2007 -32 3. Re: PD-2007 -42: Memo from Planning outlining resolution of outstanding issues regarding application. 4. Resolution requesting the Region issued debentures in accordance with the City's Capital Projects for 2007. BY-LAWS 2007-120 Revised version of by-law as reflective of memo from Planning noted above (#2). 2007 -124 A by-law to authorize the execution of the Collective Agreement with the Amalgamated Transit Union and its Local 1582 NOTE: The by-law to authorize the execution of an Agreement with Niagara Waste Systems Limited and The Corporation of the City of Niagara Falls has been pulled. Page 1 of 1 Dean lorfida - Council - Red Raiders From: To: Date: Subject: cc: Lori Albanese Dean Iorfida 6/8/20073:12 PM Council - Red Raiders Bill Matson; Carey Campbell Hi Dean, Unfortunately, the Niagara Falls Red Raiders Bantam Boys Basketball Team is unable to attend Council on Monday. We are waiting for their Coach, Dave Goulet, to provide further information and another preferred date for Council. I will contact you once I have the information from Dave. Thanks Lori Lori-Lyn Albanese Community Development Coordinator Parks, Recreation & Culture City of Niagara Falls 7150 Montrose Rd., Unit 1 Niagara Falls, ON L2H 3N3 Phone: 905-356-7521 ext. 3332 Fax: 905-356-7404 fi le:1 Ie: \Documents and Settings\di202\Local Settings\ Temp\XPGrp Wise\466971 D3Domai... 6/8/2007 June 11,2007 His Worship Mayor Ted Salci And Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-'2007 -32 AM-07/2007, Zoning By-law Amendment Application 6308 to 6378 Pinestone Road and 6339 to 6339 Pinestone Road Applicant: Walker Community Development Corporation Proposed On-Street Townhouse Dwellings Our family, David & Marta Jovanovic, are the current residents of6447 January Drive in Niagara Falls, Ontario. Recently we were informed by way of regular mail, that the Walker Community Development Corporation are requesting a By-law Amendment to their planned development. When I visited the Planning Department at City Hall, staff was still awaiting elevational drawings from the developer. As of 2:00pm Friday, June 8 these drawings had not been delivered. In speaking with Andrew Bryce (along with Alex Herlovich in attendence) specific heights of the proposed building were not available. Mr. Bryce felt that 32 feet was the height restriction but he wasn't 100% sure. Page 3, paragraph 2, of City Staffs recommendation report clearly states that "the existing panoramic views will be protected and the height of the townhouses will not impact on these single detached dwellings". Over the weekend, when the wind finally subsided late Sunday evening, I purchased several helium- filled balloons complete with enough string to emulate a 32' elevation maximum of a potential roofline in order to see how this proposed development would affect our 'panoramic views'. As shown in the pictures of our quick attempt to show the impact on our sightlines, our sightlines of the lake and surrounding area are completely eliminated across the entire plain of our backyard. What we are left with is a view of ashphalt shingles from one end of property to the other end and beyond. Needless to say the value of our home will plummet considerably. To make maters worse, I was informed by Mr. Bryce at 11 AOam on Monday, June 11,2007 that the elevational maximum for this area is actually 13 metres which is 42.65 feet. This some 10 feet higher than our test balloons. At this time I would like to encourage council to delay the passing of this Zoning By-law Amendment Application until the Applicant provides elevational drawings and an acurate sightline evaluation is completed on the actual impact on the 'panoramic views' from the abutting residents of January Drive. We look forward to working with the developer to help move this process along quickly. Sincerely, David and Marta Jovanovic 6447 January Drive Niagara Falls, Ontario L2J 4J 4 (905) 357-1718 House (905) 351-1577 Cell Page I of I Dean Iorfida - Fw: PD-2007-32 6447 January Drive.,. Wlaker Development Sightline Issues From: To: Date: Subject: Attachments: "David Jovanovic" <djovanovicl@cogeco.ca> <di orfida@niagarafalls.ca> 6111/2007 1:46 PM Fw: PD-2007-32 6447 January Drive - Wlaker Development Sightline Issues Walker Development Sightline Issues.doc __m Original Message ----- From: David Jovanovic To: abry'ce@niagarafalls.ca Sent: Monday, June 11,20079:47 AM Subject: PD-2007-32 6447 January Drive - Wlaker Development Sightline Issues Re: PD-2007 -32 & 6447 January Drive (Jovanovic Family) Andrew Please find an attached file with possible sightline restrictions from our rear yard is a 32' tall structure was constructed in behind our home. These are just crude estimates of what may happen to our sightlines. These pictures were taken from the middle of our lot. In picture #6 my daughter is standing next to the 16' lamp post to show that our 32' balloon and string is fairly accurate. In the pictures the red line indicates the 32' height and the orange line indicates the 16' street light. The 16' line is also there to show where the bottom of the roof line may actually start. As you can see in pictures 2, 4 & 6, our entire panoramic vista will be blocked by an almost continuous roof line from one end of our property to the other. This wood be a disaster for us and I am sure that the value of our home, which is mainly window in the back over looking the escarpment, would be greatly diminished. This e-mail is just a preliminary submission of concern from our household and either myself or our lawyers will be forwarding an official letter this afternoon and I will try to have our lawyer present this evening at council. Sincerely, David Jovanovic 6447 January Drive Niagara Falls, Ontario (905) 351-1577 Cell file://C:\Documents and Settings\di202\Local Settings\Temp\XPGrpWise\466D5237Doma... 6/11/2007 ---------- -- - ---------- #1 #2 - - 32' - =16' - ----~----- #3 #4 - - 32' - =16' - ..... ,t,., #5 #6 - - 32' - =16' - . ! Inter-Department Memorandum ,!f Community Services Department Planning and Development TO: Dean Iorfida City Clerk DATE: June 8, 2007 FROM: Doug Darbyson Director of Planning & Development Ext. 4230 RE: Staff Report, PD-2007-42 AM-40/2006, Zoning By-law Amendment Application 4025 Dorchester Road (Monroe Plaza) Report to Council's Inquiries Respecting the Approval of a Zoning By-law Amendment Application Council has before it tonight the above noted staff report, responding to Council's inquiries on matters related to the approval of an expansion to Monroe Plaza. This memo specifically deals with the recommendation, that a 10 metre (33 foot) distance separation be provided between the proposed restaurant drive through facility and the abutting properties as contained in Staff Report PD-2007-42. Since the writing of this report, staff have had a further opportunity to meet with the applicant and his agent. The applicant has revised the plan (attached as Schedule 1) which identifies minor changes to the drive through facility. Most notably, the speaker box for the drive through facility has been relocated and is now set back more that 10 metres from the nearest residential property. Planning staff are of the opinion that the original recommendation of setting the drive through back at least 10 metres from residential properties would be an effective method of mitigating impacts on abutting residential properties. However the applicant's latest proposal should also mitigate the impacts of the drive through, as follows: Some ofthe noise impacts of the drive through are mitigated by setting the speaker box back 10 metres from the property line. As can be seen in the attached schedule, residences to the southwest are partially screened from the speaker box by proposed Building "C". In addition, a significant amount of the queueing for the drive through will be located beside the speaker box, more than 1 0 metres away from the nearest residential property. This separation distance should also mitigate the impacts of noise and fumes from these cars. The drive through lane will be about 1.2 metres (4 feet) below the ground elevation of the abutting residential property. This lower elevation will help to mitigate visual impacts of the drive through. The applicant is also proposing extensive coniferous tree planting along the south property line which may help to further mitigate visual and noise impacts. Working Together to Serve Our Community Clerks . Finance . Human Resources . Information Systems . Legal . Planning & Development Mr. Dean Iorfida -2- June 8, 2007 e' A 2.4 metre (8 foot) high solid wood fence is proposed along the south property line to buffer the adjacent residences. The applicant is amenable to providing this fencing, along the drive through, at a standard that will provide noise attenuation to mitigate noise impacts from the vehicles and the speaker box. Implementing the above noted measures will assist in mitigating the impacts on abutting properties. The dr(ift by -law, on tonight's agenda, has been revised to require a I 0 metre setback for the speaker box from the south property line, require a 2.4 metre high solid wood fence along the south property line and to secure the proposed elevation of the drive through lane. Through the site plan stage, details of the landscaping and noise attenuation in fencing are to be determined. In conclusion, Planning staff do not object to the drive through facility configuration shown in the attached schedule, provided the above noted measures are implemented. AB:cb ~ ~k,L U" v'!:> S:\PDR\20071AM-40-2006, PD-2007-42 D. Iorfida mem.wpd l~ SCHEDULE 1 '"' _ _ _ _ _ _ _ _ ~fXIST1NG~~ _ __ -............. ~./.:::-----~----- THOROlD- STONE ROAD ~ is ~ I!XIS'I1NQPARKINGMEAlITCI lIELlfEP....r<<EDMPER OIMedIOHSSHO'NN(fYP.1 ; , " ~ I BUILDING 'A' EXISTING 1 STOREY BUILDING 'MONROE PLAZA' 4025 DORCHESTER ROAD AREA: 1,864.5 sq.m. ~t ~ EXISTING PLAZA > '" z ~ ~l ~l " ;;! ~: BUILDING 'C' PROPOSED 1 STOREY BUILDING AREA: 639.5 sq.m. I I I / g ..; ~ ~P~..f!~:.f.L_~__ - I I I I .. I ~ I :; ~ II i I ~ I g w I Pi) I ~ I ~ I g I I I I " -. -"'i I I -'1 I ",..I \" ~~ I I I I I . I ~ I i I I I 1," I I I I I ~ i I - I I I I I c < o ~ --~ I I I I I \ I \ I \ '~ Ii 'I I ~ ~~ h ~~ ~~ '~ j I I II I ' o ~~~~~ =o:.T~CONFIRMmllY a ~ EXISTING J / PLAZA J .r' .1 ij, "l , \ \ I PROPOSED \ \ I NEW PLAZA I I , I """"",' O~.." I JL. I I The City of Niagara Falls, Ontario Council Chambers No. Moved by Councillor Seconded by Councillor June 11, 2007 BE IT RESOL VED THAT the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Capital Account No. 12-3-730008-030000 12- 3-420006-030000 12-3-210019-030000 12-3-210032-030000 12-3-210037-030000 12-3-210041-030000 12-3-330001-030000 Financing Retirement Capital Proiect Description Request Term Parks, Recreation & Culture - $ 275,000 10 Years Chippawa Arena Roof Municipal Works - High Rate 200,000 10 Years Treatment Fire Services - Aerial Truck Purchase 800,000 10 Years Fire Services - Station 6 Replacement 800,000 10 Years Fire Services - Rescue 2 275,000 10 Years Fire Services - Rescue &: Aerial Equipment 40,000 10 Years Transportation Services - Transit Coaches 430,000 10 Years $2,820,000 AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA CITY CLERK R. T. (TED) SALCI MAYOR CITY OF NIAGARA FALLS By-law No. 2007- A by-law to amend By-law No. 79-200, to permit the expansion of a neighbourhood commercial development and to repeal By-law Nos. 90-220 and 2005-07. THE COUNCIL OFTHE CORPORATION OFTHE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C3 of Schedule "A" to By-law No. 79-200 is amended by redesignating from NC and numbered 270 in part and R4 and numbered 271 in part, to NC and numbered 270, the land on the southwest comer of Thorold Stone Road and Dorchester Road, being Part of Township Lot No. 79, in the former Township of Stamford, more specifically known as Part 1 according to Reference Plan 59R-73 1 1 , now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated NC and numbered 270 on the plan Schedule 1, attached to and forming part of this by-law. 2. Notwithstanding the provisions of clauses (c), (d), (e), (f) and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land described in section 1 of this by-law and shown hatched and designated NC and numbered 270 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum rear yard depth (i) for a building or structure 7.5 metres (ii) for a speaker box associated with a drive-through facility 10 metres (b) Minimum interior side yard width (i) within 50 metres of the south lot line 7.5 metres (ii) for beyond 50 metres of the south lot line 12 metres (c) Minimum exterior side yard width 14 metres (d) Maximum building area 2,850 square metres (e) Minimum landscaped open space 20% of the lot area, which shall include the landscape strips having the prescribed widths in the following locations: - 2 - (i) along and adjacent to the interior side lot line within 50 metres of the rear lot line (ii) along and adjacent to the interior side lot line between 50 metres and 74 metres north of the rear lot line (iii) along and adjacent to the rear lot line within 30 metres of the interior side lot line (iv) along and adjacent to the rear lot line within 58 metres of the exterior side lot line (v) along and adjacent to the exterior side lot line within 30 metres of the rear lot line (f) Maximum Geodetic Survey of Canada Elevation of a laneway associated with a drive-through facility (g) Minimum fencing 7.5 metres 6.0 metres 7.5 metres 4.0 metres 6.0 metres 195 metres above sea level a solid wood fence shall be erected along any lot line that abuts a residential property. The fence shall be a minimum of 1.8 metres in height except along and adjacent to the rear lot line within 80 metres of the interior side lot line, where it shall be a minimum of 2.4 metres in height 3. Section 19 of By-law No. 79-200 is amended by adding thereto the following: Notwithstanding the provisions of clauses (c), (d), (e), (f) and (h) of section 8.1.2 of By-law No. 79-200, no person shall use the land on the southwest comer of Thorold Stone Road and Dorchester Road, designated NC and numbered 270 on Sheet C3 of Schedule "A", or erect or use any building or structure thereon, except in compliance with By-law No. 2007-_. 19.270 4. Sections 19.1.270 and 19.1.271 of By-law No. 79-200 are deleted and By-law Nos. 90-220 and 2005-07 are repealed. 5. Section 19.1.318 of By-law No. 79-200 is amended by deleting the phrase "By-law No. 90- 220" in the second last line and "By-law No. 2007--,--" is inserted in lieu thereof so that the section shall read as follows: - 3 - "Notwithstanding section 17.1, no person shall use the land on the south side of Thorold Stone Road being part of Township Lot 79 of the former Township of Stamford, now in the City of Niagara Falls, designated P and numbered 318 on Sheet C3 of Schedule "A", for any purpose except a parking lot, consisting of a surface parking area to be used in conjunction with the land shown hatched and designated NC and numbered 270 on plan Schedule 1 to By-law No. 2007-_, except in compliance with By-law No. 92-134." Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11,2007 June 11,2007 June 11,2007 CITY OF NIAGARA FALLS By-law No. 2007- A by-law to authorize the execution of the Collective Agreement with the Amalgamated Transit Union and its Local 1582. WHEREAS the Council of the Corporation of the City of Niagara Falls commissioned the Mercer Delta Consulting Study to obtain advice as to the most efficient way to structure the operations ofthe City and the Greater Niagara Transit Commission; and WHEREAS the Board of the Greater Niagara Tra,nsportation Commission, on the 15th day of January, 2007, resolved to dissolve the Commission; and WHEREAS the Council ofthe Corporation ofthe City of Niagara Falls has determined that it is in the public interest to: dissolve the Greater Niagara Transit Commission; transfer the assets and contractual liabilities of the Greater Niagara Transit Commission to the Corporation of the City of Niagara Falls; and continue the passenger transportation system established by the Greater Niagara Transit Commission as a division ofthe City of Niagara Falls in as seamless, transparent and efficient manner as is possible; and WHEREAS as the result ofthe Transit becoming a division ofthe Corporation ofthe City of Niagara Falls, it is necessary for the Council to authorize the execution of any collective agreements with transit employees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Collective Agreement between the Corporation of the City of Niagara Falls and the Amalgamated Transit Union and its Local 1582 respecting remuneration, benefits and working conditions for the period January 1, 2007 to June 30, 2008, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said agreement and the Clerk is hereby authorized to affix the Corporate seal thereto and to deliver the said agreement. Passed this eleventh day of June, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 11,2007. June 11,2007. June 11,2007.