The URL can be used to link to this page

2001/02/12PLEASE NOTE THAT THE COUNCIL MEETING WILL COMMENCE AT 6:00 P.M. PLANNING MEETING February 12, 2001 PRAYER: Alderman Ken Feren DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. REGULAR COUNCIL MEETING ADOPTION OF MINUTES: Regular Council Meeting of February 5, 2001. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS m DEPUTATIONS Mr. Alfred Rampado wishes to address Council on the benefits and activities of the Mount Carmel Park Association Niagara Transit Commission will present their Annual 2000 Year-End Reports for the Greater Niagara Transit Commission and Niagara Chair-A-Van; and wish to recommend the purchase of two smaller transit vehicles. Representatives from the Niagara District Airport Commission wish to address Council regarding the Niagara District Airport. -2- Mr. Donald May wishes to provide an update of the planning for the Yerich lands. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Royal Canadian Legion, Branch 51 - Re: 64t~ Annual Pilgrimage of the 40 & 8 Society Parade - requesting Council permission for a motorcade to proceed from the Canadian end of the Rainbow Bridge, River Road to Cenotaph for services on May 19th, 2001 at 2:00 p.m., and then on to Clifton Hill, Falls Avenue to QEW, Stanley Avenue to Valley Way, Branch 51 Clubhouse. RECOMMENDATION: That the request be approved subject to established policy. Additional Items for Council Consideration: The Acting City Clerk will advise of any further Items for Council consideration. PLANNING MATTERS ITEM NO. 2001- 04 Public Meeting Zoning By-law Amendment Application AM-45/2000, Gurdeep Singh Hansra Part of 7939 Lundy's Lane, Building Lots Background Material: Recommendation Report: PD-2001-14 - AND - Correspondence from Regional Niagara ITEM NO. 2001-05 Public Meeting Official Plan Amendment Application AM-21/2000, The Larocque Group; 2283 & 2225 Portage Road Background Material: Recommendation Report: PD-2001-16 - AND - Correspondence from The Larocque Group Correspondence from CN ITEM NO. 2001-06 ITEM NO. 2001-07 -3- Public Meeting Official Plan & Zoning By-law Amendment Application; AM-16/2000 Vegter Estates Draft Plan of Subdivision Jack and Diane Vegter Background Material: Recommendation Report: PD-2001-17 - AND - Correspondence from Ms. Jean Grandoni Correspondence from Mr. Peter Grandoni Correspondence from Regional Niagara, Planning & Development Department Correspondence from Mr. John Bacher Public Meeting Zoning By-law Amendment Application Colangelo Estates Draft Plan of Subdivision AM-40/2000, 586112 Ontario Limited (In Trust) Background Material: Recommendation Report: PD-2001-18 - AND - Correspondence from Regional Niagara Planning and Development Department Correspondence from Mr. Clyde Carruthers MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD-2001-15, Letter from Miss Joan Howatson REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chair) -4- COMMUNITY SERVICES MATTERS 1. Chief Administrative Officer MISCELLANEOUS MATTERS 1. Chief Administrative Officer MW-2001-17, Appointment of a Consultant, Fallsview Tourist Core Area; Sanitary Trunk Sewer Phases II & III and Storm Trunk Sewer. L-2001-15, Metrus Properties Limited, amending agreement offer to purchase. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS BY-LAWS The Acting City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2001-37 To further amend By-law No. 89-155, as amended, being a by-law to provide for the Standing Rules of Council. 200t-38 To amend By-law No. 79-200, as amended. (Re: AM-45/2000) 2001-39 To authorize an amending agreement to an Offer to Purchase and Option Agreement with Metrus Properties Limited respecting part Lot 210 in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara. 2001-40 To provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: AM-21/2000, 2283 & 2225 Portage Road) 2001-41 To authorize monies for General Purposes (February 12, 2001) NEW BUSINESS Niagara Transit 4320 Bridge St., Niagara Falls, Ontario, L2E 2R7 Office 905-356-1179 Garage905-358-9749 Fax905-356.7746 Emall niatrans~iaw.com Web$1te www.iaw.com/~niatrans January29,2001 Mayor and Members of Counci/ City of Niagara Fa#s, Canada 4310 Queen Street Niagara Fa/is, Ontario L2E 6V5 Dear Counc// Members: On beha/f of my fo#ow Commissioners, I am p/eased to enc/ose the 'Statement of Affairs' for the Greater Niagara Transit Commission for the year ending December $~, 2000. REGULAR TRANSIT During the twe/ve-month per/od ending December 31, 2000, Niagara Transit buses traveled in excess of one m/i/ion k//ometres and carried approximately 1. I m/i/ion passengers. This represents a 2~ increase in overall r/dersh/p over 1999. in an attempt to keep pace w/th the c/lang/ng needs of our passengers, the Union/Management Route Committee recommended additional route changes in 2000. The 8rock Rap/d, //7 /ts eighth year of operation, continues to provide transportation to both 8rock and Niagara College students. The service is a/so used by city res/dents for access to We//and, St. Catharines and Thoro/d, through connections w/th the other municipal transit services converging at 8rock Un/versRy. in the coming year, Commission and staff wi// continue to exam/ne ways to improve public transit services for city res/dents and wi// continue to offer reduced rate transportation to persons on /ow income, unemp/oyed and we/fare recipients /dentil?ed and approved by sen/or government agencies. 2. FALLS SHUTTLE Again this year (May to November), the Fa/is Shuttle transported visitors between various accommodations on Lundy's Lane, in the Fa//sview, Chippawa and River Road areas, the bus termina/ and train station; to attractions such as the Casino, Queen Victoria Park and Marine/and. We offer visitors to our city a transportation bargain that al/ows chi/dren 12 and under to ride free of charge when accompanied by an adult using an 'Ail Day' pass. In 2000, we carried 268,098passengers, a 4~ increase over 1999. As in past years, we continue to foster a re/ationship with accommodations, attractions and organizations throughout the city, with the so/e purpose of making tourist visitations more enjoyab/e. CASINO ASSOCIATE SHUTTLE In ~996, Niagara Transit was awarded a contract to transport Cas/no employees between the Cas/no and the Associate Centre located on Montrose Road. This service, which is a twenty-four hour operation, carried approximately one mil/ion associates in 2000. We traveled approximately one m/i/ion k//ometres and created employment for eighteen operators. Niagara Transit has built and maintained an excellent working relationship w/th Cas/no Niagara, and ail profits from this operation help reduce our overall operating deficit. 4. /NTER-C/TY BUS TERMINAL The inter-city bus terminal at Bridge Street and Erie Avenue continues to be a successful bus/ness venture for the Commission. it acts as a hub for visitors trave#/ng to our city, and we continue to take pr/de in knowing the term/ha/is st///regarded throughout the industry as a mode/for other municipalities, even after thirteen years of operation. We experienced an increase in activity by Inter-city carriers, which enhanced the profitability of the downtown transportation term/ha/. GARAGE SERVICES As in past years, revenue generated from servicing out-of-town buses and /nter-c/t.v carriers at our garage fac/I/tj~ continues to provide add/Eona/ income for Niagara Transit, reducing our deficit. I am p/eased to /n£orm Council that sa/es of services in the garage increased bj~ 2~ over 1999. i attribute the success of the garage operation to aggressive marketing of our services to visiting tour bus operators by both the Commission and staff. In add/t/on, we have actively sought to secure service contracts with local/j, based tour operators as well as inter-city bus companies operating throughout the municipality. in light of the forgoing, / hope Council agrees the Commission should continue to pursue/ts commitment to marketing the servicing port/on of our operation, part/cu/ar/j~ as revenues help reduce our overall operating defTc/t. SUMMARY As outlined in the attached Financial Statements, the net cost to the C/tJ~ for comb/ned OperaEng/Cap/ta/ expenditures for 2000 is over the approved budget bj~ approx/mataly $51,300. This was a result of unexpected soaring diesel rue/prices, $1 ~4,200 over budget. In order to put our operation in perspective, Niagara Transit's net operating cost for 1999 (the/astyear for which comparable statistics are available) was $~.53 per capita compared to the provincial average of $35.42. As you can see, the cost of prov/d/ng public transportation in Niagara Fa/is continues to be substant/al/j~ lower than t/~e provincial average. ! assure Council that the Commission and staff wi//endeavour to promote ail of our services to reduce the cost of prov/d/ng transportation to the taxpaJ, ers. I trust the foregoing meets with Councils' approval. Yours true, NIAGARA TRANSIT W. Mares Chairman WM/jrb Enc/. crawford SWallOW January23,2001 Greater Niagara Transit Commission 4320 Bridge Street Niagara Falls, Ontario L2E 2R7 Attention: Mr. Wayne A. Maves, Chairman Dear Mr. Maves: We are enclosing ten draft copies of the financial statements of Greater Niagara Transit Commission for the year ended December 31, 2000. These financial are subject to amemdment for employee future benefits disclosure. Attached please find a memorandum outlining this requirement. If you should have any questions regarding the enclosed financial statements, do not hesitate to contact us. Yours very truly, CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP Norman Tubbe, C.G.A. NHT*gz Encls. crawford, smith and swallow From: Date: Re: Terry Librock, General Manager Greater Niagara Transit Commission Jim Davey January 24, 2001. Employee Future Benefits The Canadian Institute of Chartered Accountants (CICA) issued Section 3461 concluding that retiree life and health plans are a form of deferred compensation and that costs of these plans should be recognized during an employee's working lifetime. CICA's primary objective of Section 3461 is to improve employer's financial reporting for these types of benefits for fiscal years beginning after January 1, 2000. The objectives of Section 3461 are met by: · Introducing accrual accounting as opposed to a pay-as-you-go approach, · Including a portion of the cost of these future benefits on balance sheets, · Disclosure in footnotes of employers' financial statements and, · Requiring uniform method of calculating financial results. craw~ord GREATER 'COMMISSION SWallOW GREATER NIAGARA Financial Statements December 31, 2000 Table of Contents Auditors' Report Statement of Financial Statement of Chan Schedule of Revenue Schedule of Transportation Expenses Schedule of Equipment and Vehicle Maintenance Expenses Schedule of Premises and Plant Expenses Schedule of General and Administrative Expenses Page 1 2 3 4 5-6 7 8 9 10 I! Or..o,., E .h.n. craw o Chartered Accountants LLP Niagara Fells, Ontario SWallOW Telephone ({}05) 356-4200 Telecopier (905) 356-3410 Olfices in: Niagara Falls, Ontario St. Cathatlnes, Ontario Fort Efta, Ontario AUDITORS' REPORT To the Members of the Greater Niagara Transit Commission, Members of Council, Inhabitants and Ratepayers of the Corporation of the £ of Niagara Falls We have audited the statement of financial December 31, 2000 and the year then ended. These management. Our our audit. gara Transit Commission as at and changes in financial position for are the responsibility of the Commission's · ' on these financial statements based on We conducted our Those s the: basis, evidence includes assessin as well as evaluatin with Canadian generally accepted auditing standards. to obtain reasonable assurance whether misstatement. An audit includes examining, on a test and disclosures in the financial statements. An audit also used and significant estimates made by management, presentation. In our opinion, these statements present fairly, in all material respects, the financial s at December 31, 2000 and the results of its operations and changes in its financial position for the year then ended in accordance with the accounting principles disclosed in note 1 to the financial statements. Niagara Falls, Ontario January 17, 2001 CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LiP 1 GREATER NIAGARA TRANSIT COMMISSION STATEMENT OF FINANCIAL POSITION December 31, 2000 Assets Financial Assets Cash Accounts receivable Prepaid expenses Physical Assets Material and supplies inventories Liabilities Current Liabilities Bank overdraft Accounts payable and accrued liabilities Deferred income Due to the City of Niagara Falls Long-term Liabilities Employee future benefits- note Signed on behalf of the Commi~ 1999 $ 1,340 377,338 13,802 484,614 877,094 204,514 252,530 1,672 418,378 877,094 See accompanying notes erau~ord sm/m ~ Su,a//ow 2 GREATER NIAGARA TRANSIT COMMISSION STATEMENT OF FINANCIAL ACTIVITIES for the year ended December 31, 2000 Budget 2000 $ Revenue - schedule 1 4,784,500 Expenses Transportation - schedule 2 Equipment and vehicle maintenance - schedule 3 Premises and plant - schedule 4 General and administrative - schedule 5 Capital 675, .00 Excess of Expenses over Revenue Financed By: City of Niagara Falls 1999 4,736,343 2,562,503 761,125 2,023,602 249,087 310,333 5,906,650 (1,170,307) 1,170,307 See accompanying notes 3 GREATER NIAGARA TRANSIT COMMISSION STATEMENT OF CHANGES IN FINANCIAL POSITION for the year ended December 31, 2000 Operating Activities Changes in working capital components Accounts receivable Material and supplies Inventories Prepaid expenses Accounts payable and accrued liabilities Deferred income Due to the City of Niagara Falls Increase (Decrease) in Cash Position Cash Position, Beginning of Year End of Year 1999 $ (85,048) (17,551) 13,121 25,773 (101) 13,695 (50,111) (153,063) 174). Cash Position Cash Bank indebtedness 1,340 (204,514) (203,174) See accompanying notes 4 GREATER NIAGARA TRANSIT COMMISSION NOTES TO FINANCIAL STATEMENTS for the year ended December 31, 2000 e e Significant Accounting Policies The financial statements of the Greater Niagara Transit Commission are the representations of management prepared in accordance with local government accounting standards established by the Public Sector Accounting Board CPSAB") of the Canadian Institute of Chartered Accountants. The focus of PSAB financial of the Commission and the changes thereto. The the assets and liabilities of the Commission. provide resources to discharge liabilities or fina statements have, in management's opinion, been of materiality and within the framework of the Fixed assets and depreciation The historical cost and accumulated municipal purposes. Fixed assets are operations in the Inventories Inventories are valued at the lower is on the financial position position includes ail are those assets which could operations. The financial within reasonable limits s summarized below: fixed are not recorded for expenditure on the statement of Related Party Transactions The Greater Niagara vehicles and Commission charges incurred by the Commissiol no available to Niagara Chair-A-Van, four is charged. The Greater Niagara Transit administrative costs of Niagara Chair-A-Van ~ 900 (1999 - $1,400). Th Commi: makes (OMERS), a defined 1 As a result of, OMERS for the year to the Ontario Municipal Employees Retirement Fund plan on behalf of 69 members of its staff. The plan is gpecifies the amount of the retirement benefit to be received by ~ and rates of pay. waiving pension funding requirements, the amount contributed to 2000 and 1999 was nil for current service. cmw br sm/'t Sw ow 5 GREATER NIAGARA TRANSIT COMMISSION NOTES TO FINANCIAL STATEMENTS for the year ended December 31, 2000 4. Employee Future Benefits The Greater Niagara Transit Commission pays certain medical, dental and life insurance benefits on behalf of its retired employees. Effective January 1, 2000, the Commission adopted the Canadian Institute of Chartered Accountants new accounting standards for employee future benefits. The Comrrdssion recognizes period in which the employees rendered the services. applied retroactively, without restatement, and liability of Sxxx,xxx at January 1, 2000. The of $ xxx,xxx and the expense for the twelve determined by actuarial valuation using post-retirement costs in the in accounting policy was an employee future benefits liability at December 31, 2000 December 31, 2000, was Defined Benefit Plan Information Employee benefit plan assets Employee benefit plan liabilities Employee benefit plan deficit Accrued benefit liability sheet Expense for the period Benefits paid for the Projected accmed 2000 0.0%discount using a Actuarial GENERAL Consumer Price INTEREST (DIS( of future liabilities determined using general inflation levels, as measured by changes in the were assumed at 3.5% in 2000 and thereafter. - The obligation as at January 1, 2000, of the present value expense for the twelve months ended December 31, 2000, were rate of 0.0%. This corresponds to the assumed CPI rate plus an assumed real rate of return of 0.0%. SALARY LEVELS - Future general salary and wage levels were assumed to increase at 0.0% per annum. IVlEDICAL COSTS - Medical costs were assumed to increase at the CPI rate plus a further increase of 0.0% in 2000 graded down by 0.0% in 200X and thereafter. DENTAL COSTS - Dental costs were assumed to increase at the CPI rate plus a further increase of 0.0% in 2000 graded down to 0.0% in 200X and thereafter. 6 craw/bM sm/th ~' mm/Iow GREATER NIAGARA TRANSIT COMMISSION SCHEDULE OF REVENUE for the year ended December 31, 2000 Budget 2000 Ticket sales Adult 45,500 Children 15,000 Senior citizens Sale of passes 113 Farebox cash fares 1,1~ Charters and bus rentals Post Office Revenue Rentals - Inter-City Terminal Advertising Storage Sales Diesel fuel 1,0T Oil Parts Labour Service calls 1,000 Cleaning 133,000 Washes 150,000 Suncky 179,500 Total Revenue 4,784,500 Schedule 1 1999 $ 45,994 21,484 50,391 114,016 1,063,018 1,533,631 1,700 36,779 50,817 52,096 1,049,013 13,628 118,096 80,298 10,652 144,577 155,659 194,494 4,736,343 See accompanying notes 7 crawford sm/~ (~. swa/lo~ GREATER NIAGARA TRANSIT COMMISSION SCHEDULE OF TRANSPORTATION EXPENSES for the year ended December 31, 2000 Budget 2000 $ Salaries, Wages and Fringe Benefits Operators' wages Inspectors' wages Pension - note. 3 Group insurance Employee Insurance Workplace Safety and Insurance Board 1,392,000 172,000 185 Materials and Supplies Gasoline Diesel fuel Oil and lubrications Uniforms Sundry Tickets Time-tables Maintenance of shelters Services and Rents Bus insurance Advertising Licenses Total ~,000 2,000 547,000 156,000 49,000 205,000 9,900 Schedule 2 1999 1,335,564 165,347 46,380 176,984 50,283 59,290 1,833,848 3,268 446,501 20,221 15,205 9,588 5,869 3,419 3,249 507,320 158,111 52,775 210,886 10,449 2,562,503 See accompanying notes 8 cravaCord smith ~ swallow GREATER NIAGARA TRANSIT COMMISSION SCHEDULE OF EQUIPMENT AND VEHICLE MAINTENANCE EXPENSES for the year ended December 31, 2000 Services and Rents Bus maintenance - parts Total Equipment and Vehicle Maintenance Expenses for the Year Budget 2000 $ 675,000 Schedule 3 1999 $ 761,125 761,125 See accompanying notes GREATER NIAGARA TRANSIT COMMISSION SCHEDULE OF PREMISES AND PLANT EXPENSES for the year ended December 31, 2000 Salaries, Wages and Fringe Benefits Garage wages Pension - note 3 Group insurance Employee Insurance Workplace Safety and Insurance Board Budget 2000 $ 783,000 23,500 Materials and Supplies Garage supplies and maintenance Cost of diesel fuel sold Services and Rents Light, heat and water Telephone Insurance Total for the Year ),000 94,000 2,059~00 Schedule 4 1999 $ 767,914 21,616 87,083 22,103 27,732 926,448 120,993 883,040 1,004,033 80,937 2,164 10,020 93,121 2,023,602 See accompanying notes 10 craua'ord santa ~3~ su,a//ow GREATER NIAGARA TRANSIT COMMISSION Schedule 5 SCHEDULE OF GENERAL AND ADMINISTRATIVE EXPENSES for the year ended December 31, 2000 Salaries, Wages and Fringe Benefits Management and office salaries Commissioners' honoraria Pension - note 3 Group insurance Employee Insurance Workplace Safety and Insurance Board Budget 2000 1999 $ $ 154,500 9,400 157,633 9,400 3,217 16,966 3,399 7,183 197,798 11,927 Materials and Supplies Office expense Services and Rents Car allowance Utilities and cleaning Commissioners' expense Manager's expenses a Legal and audit Telephone Membership fees Insurance Total Expenses 15,400 6,200 4,800 1,800 41,500 253,700 2,620 6,252 1,665 835 15,095 6,459 4,636 1,800 249,087 See accompanying notes 11 Crawford srm'th ~ swa//o~ 5734 Glenholme Avenue Niagara Falls, Ontario L.2G 4Y3 Tel. 357-0122 January 29, £00~ Mayor and Members of Council City of Niagara Fa#s, Canada 4310 Queen Street Niagara Fa#s, Ontario L2E 6 V5 Dear Council Members: On behalf of my fellow Management Board members, I am pleased to enclose the 'Statement of Affairs' for Niagara Chair-A-Van for the year ending December 3~, 2000. The Management Board consisted of Mr. Bill Bow/e, Mr. Rudy Meuser and Mr. Tom Roy of St. John Ambulance; Mrs. An/ti MacKenzie and Mr. Murray Cu/p representing disabled riders; and Mr. Tony D/ G//como, Mr. Terry L/brock and myself of Niagara Transit. The staff, St. John Ambulance personnel are: Mr. A/lan Levesque and Mr. Shane McConnery are full-time van operators, Ms. Christine Hauser, Mr. Mark D'Anna, Mr. Jim Si/is and Mr. 8///Andrews are part t/me operators, w/th Mrs. Jack/e Zufe/t as dispatcher and Ms. Corey Thompson, Executive D/rector of St. John Ambulance the office administrator. The staff continues, as in the past, to do a most commendablejob. Chair-A-Van's regular hours of service are from 8:00 a.m. to 7'30 p.m. Monday to Friday, 9:00 a.m. to 5.'00 p.m. on Saturday and 9:00 a.m. to 3:00 p.m. Sunday. /n 2000, we carried ~3, ~02 passengers, a 9°~ increase in ridership from ~999. Niagara Chair-A-Van's total operating cost for 2000 was 78,389, some $8,931 under the approved budget. in order to put our operation in perspective, CiCa/r-A-I/an net operating cost for 1999 (the last ,year for which comparable statistics are available) was $2.21 per capita compared to the provincial average of $~. 74. As you can see, the cost of providing transportation for the ph~vs/ca//j/ challenged Niagara Fa/is continues to be substantially lower than the provincial average. Final/y, the members of the 8oard appreciate Council's contribution towards this most worthwhile service. Yours trulj/, NIAGARA TRANSIT W. Mares Chairman WM/~rb Enc/. srm~ swallow .VAN c,,'a.~..o_~ s~r~ SW~IIIOW NIAGARA CHAIR-A-VAN Financial Statements December 31, 2000 Table of Contents Auditors' Report Statement of Financial Statement ~ Notes to Financial Page 1 2 3 4 5 Crawtord, Smith and Swallow Charlered A¢co~Jt~tan~s LLP 4741 Oueen Street Niagara Fails. Ontario L2E 2M2 Telephone (905) 356-4200 Telecopiet (905) 956-3410 Offices i~: Niagara Fails, Onlario SI Catharines. Onlario Fort Erie, Onlario cra o_cd swMlow AUDITORS' REPORT To the Members of the Management Board of Niagara Chair-A-Van, Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls We have audited the statement of financial 2000 and the ended. These financial responsibilit. an as at December 31, financial position for the year then of the Board's management. Our based on our audit. We conducted our audit in Those standards the financial basis, evidence: includes as well as evaluating ! generally accepted auditing standards. reasonable assurance whether An audit includes examining, on a test the financial statements. An audit also used and significant estimates made by management, presentation. In our opinion, these present fairly, in all material respects, the financial position of the Board as at 31, 2000 and the results of its operations and changes in its financial position for the then ended in accordance with with the accounting principles disclosed in note 1 to the financial statements. Niagara Fails, Ontario January 19, 2001 CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP NIAGARA CHAIR-A-VAN STATEMENT OF FINANCIAL POSITION December 31, 2000 Assets Financial Assets Cash Accounts receivable Due from the City of Niagara Falls Liabilities Current Liabilities Accounts payable and accrued liabilities Signed on behalf of the Board: 1999 $ 5,932 2,401 164 8,497 8,497 8,497 Member See accompanying notes 2 crauarord smith ~ sa/allow- NIAGARA CHAIR-A-VAN STATEMENT OF FINANCIAL ACTIVITIES for the year ended December 31, 2000 Revenue Cash and ticket sales School Board Budget 2000 $ 20,000 Expenditure Administrative Advertising Audit Office Rent Taxi expense Telephone Uniform Vehicle maintenance Wages and payroll taxes 20,000 Excess of Expenditure, for the Year Financed B, Surplus (187,300) 187 300 1999 $ 22,681 1,021 23,702 3,000 20 1,000 3,229 4,320 117 2,029 898 54,162 124,990 193,765 (170,063) 170,063 See accompanying notes 3 craw'ford smi~ ~ sw~allow NIAGARA CHAIR-A-VAN STATEMENT OF CHANGES IN FINANCIAL POSITION for the year ended December 31, 2000 Operating Activities Changes in working capital components Accounts receivable Due to the City of Niagara Falls Accounts payable and accmed liabilities Increase (Decrease) in Cash Position Cash Position, Beginning of Year Cash Position, End of Year 1999 $ (612) 5,939 (2,081) 3,246 2,686 5,932 See accompanying notes 4 cmwt'ord smi~ 1~ swallow NIAGARA CHAIR-A-VAN NOTES TO FINANCIAL STATEMENTS for the year ended December 31, 2000 1. Significant Accounting Policies The financial statements of Niagara Chair-A-Van are the representations of management prepared in accordance with local government accounting standards established by the Public Sector Accounting Board CPSAB") of the Canadian Institute of Chartered Accountants. The focus of PSAB financial statements is Commission and the changes thereto. The statement assets and liabilities of the Commission. Financial provide resources to discharge liabilities or determination of many assets and liabilitie of periodic financial statements approximations. These have been made information. the financial position of the position includes all the are those assets which could operations. Since a precise future events, the preparation use of estimates and light of available Sources of financing and expenditures are recognizes revenues as they become incurred and measurable as a r, obligation to pay. accrual basis of accounting which and expenditures as they are or services and the creation of a legal Related Party Transactions The Greater Niagara vehicles and Commission char incurred by to Niagara Chair-A-Van, four is The Greater Niagara Transit iagara Chair-A-Van . amounted to $ 900 (1999 - $1,400). 5 crawl'oM smith ~ swallow NIAGARA DISTRICT AIRPORT COMMISSION BRIEFING REPORT An Overview of the Niagara District Airport Prepared for the New Mayors and Council Members Of Supporting Municipalities, and Others January 2001 Introduction This overview and progress report on the Niagara District Airport has been prepared as a backgrounder for the information and convenience of the newly-elected Mayors and Council Members in the Airport's supporting municipalities, and for others directly at interest. Comparison of the Airport's progress in terms of traffic volumes, revenues, etc. in the year 2000 versus 1996 is relevant because 1996 is the year in which the Federal Government transferred control of the facility to the municipal level. Air transportation and facilities are, of course, an important component of modern day economic activity. And at a time when the Niagara Region's economy is becoming integrated into the North American and global economies -and all regions are competing for business - the Niagara District Airport is a valuable asset for the municipalities of St. Catharines, Niagara Falls, Thorold and Niagara-On-The-Lake. Brief History of the Airport The Airport's history dates back to 1935 when the 66-acre parcel of land was acquired by a local farmer, leased to the City of St. Catharines and sub-leased to the St. Catharines Flying Club (now the oldest flying club in Canada). In 1939, the land was sold to the Government of Canada to become part of the Commonwealth Air Training Plan. After World War II, the City of St. Catharines assumed responsibility for the site and facilities under a lease with the Canadian Government, the latter retaining title. In 1959 the Niagara District Airport Commission was formed to manage and operate the facility. Subsequent amalgamation and establishment of Regional government led to financial support by the four municipalities under an Agreement pursuant to the Ontario Municipal Act. Then in September 1996, under Ottawa's National Airport's Policy (NAP) of devolution, the Airport and its associated lands were turned over to "local" interests. Status and Role The Niagara District Airport is a "Small Airport" - the Federal designation for regional and local airports which have no scheduled passenger air carrier traffic. The agreement transferring the facility from the Feds requires that it be operated as a airport for a minimum of ten years. The municipalities, under their latest renewal, agreed that its administration and maintenance be continued through the Niagara District Airport Commission at least until December 31, 2006. Although not tied to scheduled passenger carrier traffic the facility is, nevertheless, the busiest airport on the Niagara Peninsula. And it offers more features and services than any of the others, including paved runways of 5,000, 2500 and 2000 feet, two non-precision approaches using standard beacon and a Global Positioning System, a fixed base operation, resident Flight Service Station offering 16 hours per day of service, customs clearance on call, and eleven hangars. In addition, we provide on-site and adjacent airport land for business development under long-term lease arrangements well suited to aviation- related services and other small to mid-size operations including manufacturing. Following is the Airport's role as defined in its Master Plan prepared by an independent engineering firm in 1992: To function as a fully commercial entity under the direction of the Airport Commission, with the primary purpose of catering to the needs of commercial and corporate aviation within the commercial service area of the Niagara Region. In this role, it should provide development land and facilities to attract aviation-related businesses to locate at the airport, support local (area) industrial growth by facilitating access by corpor- ate aviation, and encourage commercial passengers and freight air services to the extent that markets for these can be developed. In keeping with this role, we have a proven record of growth and progress 2 in providing air traffic and leased development facilities. The Airport, moreover, is ideally located to service this Niagara "Gateway" region, being in the center of the Niagara industrial and tourist area, adjacent to the QEW, and just across the border from the United States. In addition, its close proximity to the area's major public attractions - the Falls, Casino Niagara, the Niagara Wine Route, the Shaw Festival, Niagara Grape and Wine Festival, the Henley Regatta, the Welland Canal, Marineland, the Butterfly Conservatory, and even the Fort Erie Race Track - makes it a unique asset poised for further growth. Support of the Municipalities The Niagara District Airport Commission is currently composed of one member from each of the four supporting municipal Councils plus seven members-at-large, ie. three from the City of St. Catharines, two from the City of Niagara Falls, one from the City of Thorold and one from the Town of Niagara-On-The-Lake. The cost of operating, maintaining and improving the Airport is, by the Agreement, borne by the four municipalities on a population ratio basis. Grants from the municipalities in 2000 totaled $202,367, this levy amounting to 86 cents per capita per year. Since the Airport passed from Federal to Municipal control it has been, technically, eligible for funding under relevant Ontario Government programs and initiatives. In this connection the Commission is preparing to submit to the Ontario SuperBuild Corporation a request for funding in total of 1.3 million dollars - hopefully to finance a runway extension and much needed renovations to our airside facilities. In addition, we are attempting to determine whether the Airport is eligible for any capital grants under Transport Canada's "Airport Capital Assistance Program" (ACAP). Growth Since 1996 The growth and progress made by the Airport since it passed from Federal to Municipal control more than four years ago, is revealed in the increases during that period in everything from the number of aircraft movements and operating and other revenues, to the range of airport improvements, as well as, conversely, in a decrease in operating and personnel expenditures. For example, aircraft movements i.e., landings and takeoffs, increased from 40,513 in 1995 to 50,800 in 2000. Much of our traffic is in the General Aviation category, ie., aircraft carrying 19 passengers or less. This consists of corporate and commercial travel, charter flights, military services, medical services, and a flourishing air tour business using our Airport as its base. A regular source of our commercial traffic business is "just-in-time" delivery, mainly for industrial companies. Operating revenue levels were also increased significantly since 1996. On the leasing side, rental revenues were up by 59% from $44,600 to $73,500. Meanwhile, fuel sales commissions rose by a dramatic 320% from $8,000 to $25,000 mainly as a result of an increase in the fuel sales commission. Municipal grants, our largest and most vital revenue source, grew during the period from $173,800 to $202,300 (based on a slight increase of ten cents per capita in 1997). On the cost control side, operating expenses were reduced from $52,000 in 1995 to $41,000 in 2000. And during the same period, annual personnel costs were lowered from $145,000 to $120,000, which includes $15,000 in consulting fees. We have a Business Development Program and a five-year Business Plan. Airport Improvements At the same time as the Airport has been attracting more traffic and revenue, the maintenance work, construction and repairs have continued to be carried out within the limits of our financial capabilities. For example, a sanitary sewer system connection to the Niagara Region was completed - eliminating the old sewage lagoon system - at a cost of $480,000. This amount was the final contribution of the Federal Government prior to handing over control of the Airport. In addition, a totally new fuel compound, costing $550,000 was installed by Esso Aviation, repaving and drainage improvements were made to airport roads at a cost of $190,000 and new private hangar construction costing $250,000 was completed. It will be noted, however, that construction of the last hangar left no more serviced land available for leasing. Competition There is some competition from other airports, but much of it is of a very indirect nature. Welland, the largest other airport in the Niagara area, is not a significant competitor, because it lacks many of the key features found at our airport, such as longer runways and our ideal location near the Peninsula's main highway and population areas. Airstripss at Grimsby, Fort Erie, Port Colborne and Niagara Falls, Ont. lack most basic facilities and infrastructure. Competition for U.S. traffic to the general area - including to Casino Niagara- comes directly from Niagara Falls, N.Y. International, which has three runways including one of 9000 feet, all-weather navigational aids and easy access to ground transportation and hotels. Buffalo International, despite its larger facilities, is located a substantial distance away, as is the Hamilton (Mount Hope) Airport. Priority Requirements While the Airport has certain long-terms needs requiring capital expenditures, our highest priority and responsibility is to keep the facility operating at safe and efficient levels and in accordance with airport regulations. In this connection, the Airport's principal need is for upgraded airside infrastructure including improvements to aprons, taxiways, and electrical distribution systems and field lights, airfield maintenance and clearing equipment, etc. Financing of these necessary upgrades will require a modest increase in the annual municipal grants from the current 86 cents to $1.03 per capita. More background on the upgrading needs can be supplied if and as required. Meanwhile, the participating municipalities have in hand the Airport's Business Plan's five-year projections. The appropriate time for the Municipalities to take the small grant increase into consideration is prior to finalizing their upcoming budgets. Summary Ideally situated at the center of the Niagara Region's industrial and tourist activity, the Niagara District Airport is the busiest airport in the Peninsula and a valuable, necessary and competitive community asset for its supporting municipalities of St. Catharines, Niagara Falls, Thorold and Niagara-On-The-Lake. Its current functions are to serve general aviation traffic - including commercial, corporate and charter flights and tourist fly-ins - and attract small and medium-sized business tenants to its leased commercial land. Since 1996, when the Airport passed from Federal to Municipal control, air traffic movements here as well as rental revenues have increased substantially, expenses have been reduced and the facility is poised for further growth. The principal current need for ongoing operations is for a necessary increase in the municipal grants to $1.03 from 86 cents per capita - this to permit the execution of a sustainable five-year business plan for the Airport that provides for needed renovations to our airside facilities. THE NIAGARA DISTRICT AIRPORT COMMISSION 6 The Royal Canadian Legion NIAGAI~,A FALLS (ONT. NO. 5B BRANCH January 29, 2001 Clerk's Office City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir: The 64th Annual Pilgrimage of the 40 & 8 Society, American Legion is scheduled for Saturday, May 19th, 2001. Permission is requested for a motorcade to proceed from the Canadian end of the Rainbow Bridge, River Road to Cenotaph for service at 2:00p.m. then Clifton Hill (NR 30) Falls Ave, Newman Hill, QEW, Stanley Ave (NR 102) to Valley Way, Branch 51 Clubhouse. Chairman Terry Welch may be reached at 354-8331 to answer any questions thai you may have. Yours truly, Teny Welch Branch 51 Chairman 40 & 8 Pilgrimage Committee P.S. Please find enclosed an application for road use, Special Events Permit/Special Requirements forms. 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331 The City of ~l~l~lll~ Niagara Falls 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) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca February 12, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Doug Darbyson Director PD-2001-14 Re: PD-2001-14, Zoning By-law Amendment Application AM-45/2000, Gurdeep Singh Hansra Part of 7939 Lundy's Lane Building Lots RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit the land to be developed together with some parcels in the Orchard Grove Estates plan of subdivision for single detached dwellings. THE PROPOSAL: An amendment is requested for approximately 1,527 square metres of the land known as 7939 Lundy's Lane which contains the Aston Villa Motel. The land affected by the amendment is north of the motel and presently vacant. Refer to Schedule 1 to locate the subject land. The amendment is requested to permit the land to be developed together with some parcels in the Orchard Grove Estates plan of subdivision for single detached dwellings. Refer to Schedule 2 to see how the land is proposed to be divided and merged with the existing parcels to create new building lots. THE AMENDMENT: The land is currently zoned Tourist Commercial (TC). The zoning of the land is requested to be changed to the Residential Single Family 1E Density (R1E) zone. RELATED APPLICATIONS: On January 16, 2001, the City's Committee of Adjustment granted conditional approval to four consent applications (B45/2000/NF, B2/2001/NF to B4/2001/NF) which will separate the subject land from the Aston Villa Motel and divide it into four parcels. Three of the parcels are proposed to be combined with abutting land on Spring Blossom Drive to create 3 new building lots for single detached dwellings. The fourth parcel is proposed to be added to Lot 213 on Spring Blossom Drive. Working Together to Serve Our Community Clerk's Finance Human Resources · Information Systems Legal Planning & Development February 12, 2001 -2- PD-2001-14 On January 22, 2001, City Council passed a by-law to exempt Blocks 253,254 and 255 in the Orchard Grove Estates plan of subdivision (Plan 59M-229) from Part Lot Control. The by-law will permit Parts 5, 7, and 10 to be combined to form one lot, Parts 4, 9, and 11 to be combined to form a second lot, Parts 3, 8, and 12 to be combined to form a third lot, and Parts 2 and 6 to be added to Lot 213 on Spring Blossom Drive. Refer to Schedule 2 for further detail. 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 No objection. Conditions regarding lot grading and street trees are being addressed through the recently approved consent applications. Building and By-law Services All necessary Building and Plumbing Permits are required prior to construction. Parks, Recreation & Culture No objections or concerns. Payment to the City of cash-in-lieu of a parkland dedication required through the consent application. · Fire Services No objections. · Regional Public Works No objections. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. What is the City's Plan for the subject and surrounding lands? The subject land and those which abut it to the east and west are designated Residential in the City's Official Plan and are intended to be developed for housing. The Orchard Grove Estates plan of subdivision was intentionally designed with blocks to be added to the subject land for future building lots. The lot configurations that have been proposed by the two property owners and approved by the Committee of Adjustment and City Council will improve the existing land use arrangement and streetscape within the subdivision. Although three of the lots will not be as deep as the abutting lots, there is sufficient separation from the tourist commercial uses on Lundy's Lane and the future lots meet minimum size requirements. The proposed lots have been anticipated for some time and will be compatible with the surrounding properties. February 5, 2001 - 3 - PD-2001-14 2. Is the requested Zoning amendment appropriate? The land is currently zoned Tourist Commemial (TC). The zoning of the land is requested to be changed to the City's siandard Residential Single Family 1E Density (R1E) zone. The requested zoning is appropriate because it is the same zone category which is in effect in the abutting Orchard Grove Estates plan of subdivision. All of the proposed lots comply with the minimum standards of the R1E zone. CONCLUSION: Based on the foregoing, staff are able to recommend the requested amendment to the City's Zoning By-law. The land has been previously approved to be subdivided into lots for future single detached dwellings. The requested R1E zone is the same zoning in effect in the abutting subdivision and will ensure that the future dwellings are compatible with those on the surrounding lots. Prepared by: Ken Mech Planner 2 Recommended by: Respectfully submitted: Chief Ad~/ii~i~~,~ trative O ffic~r~ E~dward p iustig~,~N~ ug Darbyson Director of Planning & Development Approved by: Tony Ravenda ~' Executive Director of Corporate Services KM:gd Attach. S:~PDR~2001 ~PD2001 - 14.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Part of 7939 Lundy's Lane Applicant: Gurdeep Singh Hansra AM-45/2000 I:NTS SCHEDULE 2 SPRING BLOSSOM '-- P~7 <~ , ~ / CITY OF NIA~RA FALLS RECEIVED SPRING BLOSSOM DRI~ ~r ~ p~N 59M-229 ~ LUNDY'S (,~.,.~w,.~) ~NE REGIONAL RO~ 20 ~.z~_~ _: PART OF STAMFORD TO.SHIP ~.., ~ LOT 133 ~ LOT 1 ~ 2, PLAN 1~2 ~m~ ~ - ~ t. ~ Cl~ OF NIAGARA FALLS REGIONAL MUNIOIPAU~ OF NIAGARA DATE: TO: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA January 22, 2001 Pat Busnello Planning and Development Department Public Meeting Zoning By-law Amendment (AM45/2000) Proposed: Building Lots Applicant: Gurdeep Singh Hansra Part of 7939 Lundy's Lane City of Niagara Falls Our File: D.10.020.2 (AM-45/2000) We have no objection to the rezoning of the above-noted property, in order to permit the land to be developed, (together with some parcels in the Orchard Grove Estates Subdivision), for single-detached dwellings. This rezoning is a result of Severances B-45/2000/NF and B2/2001/NF to B4/2001/NF. ~illia~-fSStev~, F2.E~T. Supervisor Development Approvals WJS/cm L:\Engineering-Planning-and-Development\Rusnak-Dave\Niagara Falls\3331, p.busnello.memo.doc c: Planning Department, City of Niagara Falls ~. WoNiagara rks RECEIVED J~ 28 2001 ~NNING & DEVELOPMENT The City of I - 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 Doug Darbyson Director PD-2001-16 February 12, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re; PD-2001-16, Official Plan Amendment Application AM-21/2000, The Larocque Group 2283 & 2225 Portage Road RECOMMENDATION: It is recommended that Council approve the application for the Official Plan Amendment with a special policy stipulating required studies; and direct staff to prepare the necessary document for adoption as outlined in this report. BACKGROUND: The subject lands are situated at the northeast comer of Stanley Avenue and Portage Road and consist of approximately 8 acres (3.24 hectares). Schedule 1 illustrates the location of the lands subject to this amendment. Originally, the subject lands comprised approximately 6.3 acres (2.55 hectares) owned by Mr. Golia. Considering the lands were bordered on the north and east by industrial lands, staff encouraged the inclusion of these lands for redesignation in order to round out a quadrant of lands which would be buffered from industrial lands to the north by a hydro corridor. These property owners gave authorization for the inclusion of their lands for redesignation. The application proposes to redesignate the lands to Residential in the Official Plan in order to permit the lands to be developed for residential ptuposes in the future. The lands are currently designated Industrial in the Official Plan and zoned Prestige Industrial by Zoning By-law 79-200, as amended. The applicant originally applied for an Official Plan and Zoning amendment to facilitate the development of a plan of subdivision consisting of single detached dwellings. Since certain studies are required to address issues which may affect the ultimate design and residential Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems · Legal Planning & Development Febmaryl2,2001 -2- PD-2001-16 zoning of the lands, it was agreed the best approach was to process the Official Plan amendment first to determine whether the concept of developing the lands for residential purposes is appropriate. If this application is approved then the applicant will complete the necessary studies prior to applying for a zoning amendment and plan of subdivision application. Currently there are 3 detached dwellings on the subject lands and an existing orchard. To the west of the subject lands are the Greek Cultural Centre, several sandpits, and some industrial development to the northwest. A hydro corridor borders the northem boundary of the subject lands; beyond the hydro corridor are single family dwellings on lands designated for industrial purposes. To the northeast is the hydro reservoir. South and southwest of the subject lands are single detached dwellings. PLANNING REVIEW: The City' s Official Plan contains a policy which stipulates the criteria Council shall consider when dealing with a plan amendment. These criteria can be addressed in answering the following questions: 1. Does the amendment conform to the general objectives of the Official Plan? The application to redesignate the lands from Industrial to Residential complies with the general objectives of the plan. The hydro corridor forms a standard boundary between designations and specific technical issues can be addressed at the plan of subdivision and zoning application stages. The concept of residential development at this location appears appropriate in answering the subsequent questions below. 2. Is the site suitable for the proposed use, especially in relation to other sites in the City? The site appears to be suitable for residential purposes because the development would be an extension of existing residential development to the south. The hydro corridor forms a logical boundarybetween future residential and lands designated for industrial development. While other developable areas of the City are already designated for development, the subject lands comprise a relatively small area and appear to represent a logical rounding out of the boundaries. Is the proposed use compatible with adjacent land use designations and natural resources? The hydro corridor serves as a buffer separation between the proposed residential development and future prestige industrial development further north. Likewise, Stanley Avenue provides an existing separation from the light and extractive industrial uses to the west. The Regional Planning & Development Department, which provides Provincial review functions, requires dust, noise and vibration studies to address associated impacts from the sandpits and railway to the west. Such requirements should be incorporated into the amendment document as a special policy area. The Region has indicated these studies can February 12, 2001 - 3 - PD-2001-16 be done at the time of plan of subdivision and zoning amendment submission. Any impact mitigation requirements emanating from the studies should be implemented at the time of future development. C N Rail also requests a policy requiring noise and vibration studies and the implementation of measures to mitigate possible impacts. The Regional Planning and Development Department also noted that since pesticides may have been used on the existing orchard, an environmental site assessment may be required at the plan of subdivision stage. In addition, the Region noted an archaeological assessment will be required. Construction of the tunnels for the Sir Adam Beck Generating Station will necessitate a temporary conveyor belt on the hydro reservoir lands. Issues such as noise from such a use may need to he recognized by a warning clause. Is there a need and market for the proposed use? There is a market for residential lots in the Stamford Community. The Stamford area contains only 3.1% of the City's total inventory of land for residential developments. While Stanley Avenue and Highway 405 access may be attractive for industrial development, the lands have sat vacant for some time. There would still be Prestige Industrial lands remaining north of the hydro corridor if these areas were to develop residentially. Furthermore, development of the City's Business Park which is zoned for Prestige Industrial use has just recently been facilitated. Are there other areas in the City available for residential development? The Garner Neighbourhood represents the City's next major growth area; however, this growth area is situated well outside of the Stamford Community where, as indicated above, there is not a large supply of raw land for residential development. The proposed development represents a small infilling situation, an extension of an existing residential area, and a more compatible use to the existing residences along Portage Road. Are municipal services, facilities and transportation systems adequate to service the intended use? Municipal services are available in the area and the sewer system has the capacity to service a residential subdivision. A more detailed servicing review will take place at the plan of subdivision stage, in which case a storm water management study may be.required. The Regional Traffic Department has verbally indicated the Stanley Avenue/Portage Road intersection is scheduled for geometric redesign and for signals in the next 3 to 5 years. The Region may require the applicant to dedicate lands for this redesign at the subdivision stage. Furthermore, the Region is concerned with the location of the conceptual entrance offof Stanley Avenue. The applicant will have to do a traffic impact study at a future stage to address this issue. February 5, 2001 - 4 - PD-2001-16 7. What are the financial implications of the proposed development? The proposed development represents a minor extension of an existing residential area. Municipal services are available in the area and any extensions will be at the developer's expense. The lands have been under-utilized and their redesignation to residential appears logical from a planning perspective and will add to the residential tax base. CONCLUSION: The application proposes to redesignate the lands from Industrial to Residential. The redesignation will provide for the minor extension of an existing residential area. The hydro corridor and Stanley Avenue represent logical boundaries for the redesignation of this small quadrant. Future plan of subdivision and zoning amendment applications should incorporate, if necessary, proper design and mitigation measures to address any noise and/or dust issues identified by subsequent studies. Pre/pared by: Dave Heyworth Planner 2 Recommended by: Resp~tfully submi!.t~d: Edward P. Lustig ~ Chief Administrative Offic~ ~n~oug Darbyson irector of Planning & Development Approved by: rna JP' Tony Ra e d Executive Director of Corporate Services DH:gd Attach. S 5PDR~2001LPD2001 - 16.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending the Official Plan ® Location: Portage Road and Stanley Avenue Applicant: The Larocque Group AM-21/2000 1 :IqTS i 9056881256 BACKGROUND AND RESEARCH REPORT Part of Lots 18 and 23 Stanley Avenue and Portage Road Niagara Falls, Ontario For Public Meeting February 12, 2001 RECEIVED CITY OF NIAGARA FALLS FILE NO. AM-21/2000 RL LIMITED FILE NO, NS1999-018 FEBRUARY 12, 2001 STATISTICS RE: MUNICIPAL ADDRESSES: OFFICIAL PLAN AMENDMENT APPLICATION 2283 PORTAGE ROAD; 2225 PORTAGE ROAD; 2157 PORTAGE ROAD; 2'129 STANLEY AVENUE; 2220 STANLEY AVENUE end 2256 STANLEY AVENUE PARAMETERS OF SI'rE: NORTHERLY; LANDS OF ONTARIO HYDRO =mci RESIDENTIAL ~OUTHERLY: PORTAGE ROAD EASTERLY: STANLEY AVENUE WESTERLY: RESIDENTIAL DEVELOPMENT LOCATION: THIS SITE IS LOCATED SOUTH OF THE RESERVOIR FOR SIR ADAM BECK POWER GENERATION STATION. IT IS ON THE EAST SIDE OF STANLEY AVENUE, ON THE NORTH SIDE OF PORTAGe ROAD. HISTORY: THIS IS A UNIQUE PARCEL OF LAND IN THAT IT IS BOUNDED BY STANLEY AVENUE TO THE WEST, PORTAGE ROAD TO THE SOUTH, RESIDENTIAL DWELLINGS AND LANDS OF ONTARIO HYDRO IO THF NORTH ANI'3 RFSII3FNTIAL TO I HE I-AS I. THIS PARCEL OF LAND IS SITUATED WITHIN THE AREA DESIGNATED FOR URBAN USE WITHIN THE CITY OF NIAGARA FALLS. THE CITY OF NIAGARA FALLS OFFICIAL PLAN DFSI~NATES THE SUBJECT LANDS AS INDUSTRIAL AND RESIDENTIAL, THE PRESENT ZONING ON THIS PARCEL OF LA. ND IS PRESTIGE INDUSTRIAL AND RESIDENTIAL SINGLE-FAMILY 1E DENSITY. THE OFFICIAL PLAN AMENDMENT REQUEST ON THIS PROPERTY IS A SITE-SPECIFIC REQUEST TO CHANGE THE DESIGNATION TO RESIDENTIAL. FEB--~6--O! 02:5~ PM THELAROCQUE~ROUP 9056~81256 P.O~ HISTORY (¢ont'd): THE CURRENT ZONING IS PRESTIGE INDUSTRIAL IN THE CITY OF NIAGARA FALLS ZONING BY-LAW 79-200 AS AMENDED. THE APPLICATION IS TO ALLOW FOR FUTURE RESIDENTIAL PURPOSES. A PRELIMINARY SKETCH ILLUSTRATING A PROPOSED PLAN OF SUBDIVISION IS ATTACHED AS SCHEDULE A. THE DESIGN DETAILS OF THE RESIDENTIAL DEVELOPMENT WILL BE PRESENTED UPON APPLICATION AT THE ZONING AMENDMENT AND PLAN OF SUBDIVISION STAGE. THESE DESIGNS WOULD BE BASED ON RELEVANT STUDIES AS REQUIRED. THERE IS PRESENTLY A 3WO-STOREY BRICK DWELLING, MUNICIPALLY KNOWN AS 2283 PORTAGE ROAD ON THE PRESENT LANDS OF MR. GOLIA. THIS DWELLING WILL BE INCORPORATED INTO THE PLAN OF SUBDIVISION AS SHOWN ON THE PRELIMINARY SKETCH OF LOT STRUCTURE, SCHEDULE A. AT~ACHED AS SCHEDULE B IS A PROPOSED DEVELOPMENT OF THE LANDS TO THE NORTH. THIS ILLUSTRATES THE POTENTIAL FOR DEVELOPMENT OF THE ADDITIONAL LANDS. BY CONSENT B24/2000/NF A PARCEL OF LAND TO THE REAR OF MUNICIPAL NUMBER 2225 PORTAGE ROAD HAS BEEN SEVERED, THE INTENTION IS TO MERGE IT WITH THE LANDS OF GOLIA AND BECOME PART OF THE PROPOSED SUBDIVISION. AT THE PRESENT TIME, THERE IS RESIDENTIAL USE OF THE LAND ALONG PORTAGE ROAD, AND ADJACENT AND NORTH ON STANLEY AVENUE. THIS IS A SMALL ISOLATED SITE SURROUNDED BY RESIDENTIAL USE AND LANDS OF ONTARIO HYDRO. LAND USE COMPATIBILITY: THiS AREA CONSISTS OF A MIX OF LAND USES AND DESIGNATIONS, THE LANDS IMMEDIATELY TO THE EAST AND SOUTH ARE DESIGNATED AND DEVELOPED AS RESIDENTIAL. THE LANDS TO THE NORTH ARE DESIGNATED FOR INDUSTRIAL USE AND CONTAIN SOME EXISTING RESIDENTIAL DWELLINGS. IMMEDIATELY TO THE WEST, ON THE OPPOSITE SIDE OF STANLEY AVENUE. IS THE GREEK CULTURAL LAND USE COMPATIBILITY (cont'd): COMMUNITY CENTER, AN ONTARIO HYDRO TRANSMISSION CORRIDOR ABUTS THE NORTH EAST SECTION OF THESE LANDS. BY AMENDING THE OFFICIAL PLAN, ALL THE USES IN THE TRIANGULAR PARCEL OF LAND BOUNDED BY ONTARIO HYDRO, PORTAGE ROAD AND STANLEY AVENUE WILL BECOME SUITABLE FOR RESIDENTIAL DEVELOPMENT AND PROVIDE ONE USE FOR THE ENTIRE AREA SET OUT IN THE APPLICATION AS SET OUT IN THE APPLICATION, SUITABILITY & COMPATIBILITY: DUE TO THE SURROUNDING LAND USE AND THE SMALL SIZE OF THIS PARCEL OF LAND, IT IS VERY UNLIKELY THAT IT WOULD EVER BE DESIRABLE FOR PRESTIGE INDUSTRIAL LAND. IT WOULD APPEAR THAT DEVELOPMENT OF THIS SITE FOR SINGLE DETACHED RESIDENTIAL HOMES IS MORE IN KEEPING WITH THE CHARACTER OF THE SURROUNDING USAGE. THE PROPOSED DEVELOPMENT MEETS THE MINIMUM SEPARATION GUIDELINES SET BY THE MO.E. FROM THE INDUSTRIAL LANDS TO THE NORTH AND NORTHWEST, IT ALSO ALLOWS FOR THE DEVELOPMENT OF THE LANDS TO THE NORTHWEST AS RESIDENTIAL. THE LANDS TO THE NORTH ARE THE HYDRO POWER CORRIDORS AND TO THE WEST IS STANLEY AVENUE. STUDIES REQUIRED AT THE ZONING STAGE: IF THE OFFICIAL PLAN AMENDMENT IS APPROVED, IT WILL BE NECESSARY TO PROCEED WITH THE ZONING AND DRAFT PLAN APPLICATION. THESE APPLICATIONS WILL REQUIRE STUDIES AND SOLUTIONS THAT WILL ADDRESS THE FOLLOWING: 1. NOISE STUDY 2. DUST STUDY 3, STORM WATER MANAGEMENT 4, TRAFFIC STUDY 5. ARCHAEOLOGICAL STUDY 6. ENVIRONMENTAL SITE ASSESSMENT 7. ENVIRONMENTAL IMPACT STUDY 8. OTHER STUDIES AS REQUIRED 3 ~E~-06--01 02:59 PM THELAROCQUEGROUP 9056881256 P. 05 PROPOSED: WE ARE PROPOSING A RESIDENTIAL SUBDIVISION COMPRISING SINGLE DETACHED RESIDENTIAL HOMES DESIGNED AS A PRIVATE ENCLAVE. CONCLUSION: IN CONCLUSION, IT IS OUR OPINION THAT DUE TO THE LOCATION OF THIS PARCEL OF LAND, THE SITE CONDITIONS. AS WELL AS ALL OF THE OTHER FACTORS AS SET OUT ABOVE, THAT THE BEST UTILIZATION OF THIS SITE WOULD BE FOR A RESIDENTIAL SUBDIVISION COMPRISING SINGLE DETACHED RESIDENTIAL HOMES AS BEING PROPOSED AT THIS TIME. SINCE ALL OF THE RESIDENTIAL OWNERS WITHIN THE PRESTIGE INDUSTRIAL DESIGNATION IN THIS AREA WISH TO HAVE THEIR pROPERTIES RE-ZONED. IT WILL RESULT IN CONFORMITY OF USE THAT IS COMPATIBLE WITHIN THIS PARCEL OF LAND. WE RESPECTFULLY REQUEST CONSIDERATION FOR APPROVAL OF THIS APPLICATION. SHOULD YOU REQUIRE ADDITIONAL INFORMATION IN ORDER TO ASSIST WITH SUPPORT OF THE APPLICATION, PLEASE CONTACT ME AT YOUR CONVENIENCE. RespectfullY Submitted, The Larocque Group BL:df File: NS1999-018 February 2, 2001 Brent Larocque, B.Sc., OLS, OLIP ~E~--~6--~1 ~2:59 PM TH£LAROCQUE~ROUP 9056881256 P.06 STANLEY AVENUE Mr. Doug Darbyson Director of Planning & Development The City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 8th Floor 277 Front Street West Toronto, Ontario M5V 2X7 2 February 2001 Your File: AM-21/2000 Our File: TZ-4500-N-04 Dear Mr. Darbyson: Re: Proposed Official Plan Amendment Application East Side of Stanley Avenue, North of Portage Road and South of the Ontario Hydro Corridor The Larocque Group We have reviewed your submission dated 12 January 2001, requesting comments with respect to the above noted document and request that the following policy be included Official Plan Amendment: "Any proposed development will be required to undertake noise and vibration studies, to the satisfaction of the City, the Ministry of the Environment and the appropriate railway, and shall undertake appropriate measures to mitigate any adverse effects from noise and/or vibration that were identified." We would appreciate the opportunity to comment on any proposed modification prior to its adoption, and ultimately, we request notice of the Amendment being approved. Should you have any further questions, please do not hesitate to contact the undersigned at (416)217-6466. Yours truly, Karen Fraser Manager, Property Planning and Development RECEIVED FEB 0 0 2001 r'C/ t NING & DEV 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 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Fails, Ontario Members: February 12, 2001 Doug Darbyson Director PD-2001-17 Re: PD-2001-17, Recommendation Report Vegter Estates Draft Plan of Subdivision 26T-11-2000-04 Official Plan and Zoning By-law Amendment Application AM-16/2000 Jack & Diane Vegter RECOMMENDATIONS: It is recommended that: 1) the application to amend the Official Plan and Zoning By-law be approved as detailed in this report; 2) the Yegter Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 3) 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 4) 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 on the northwest comer o£Thorold Stone Road and Kalar Road (see the attached location map). The applicant proposes to subdivide a 1.166 hectare (2.88 acre) site into 11 single-detached lots and one block containing an existing dwelling known municipally as 3911 Kalar Road. The proposed cul-de-sac street has access from Kalar Road. The 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 July 17, 2000. There were no members of the public at the meeting but letters of concern relating to the impact on Shriner's Creek have recently been submitted. The required Public Meeting for the Official Plan and zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. Clerk's Finance Working Together to Serve Our Community Human Resources Information Systems · Legal Planning & Development February 12, 2001 - 2 - PD-2001-17 PLANNING REVIEW: Various matters were considered in assessing the Official Plan amendment, zoning amendment and proposed plan of subdivision. Based on this analysis, approval is recommended subject to conditions. The review of the applications is addressed under the following headings. Official Plan Amendment The Regional Municipality of Niagara recently adopted Regional Policy Plan Amendment 147 to include this land within the Urban Area for the City of Niagara Falls. The City had no objection to this minor expansion to the urban area boundary. The City's Official Plan currently designates the property Good General Agricultural. The applicant has requested the Official Plan be changed to Residential to permit the proposed plan and implement the Regional decision. Shriner's Creek abuts the property to the north and west with agricultural uses beyond this watercourse. Residential development is located to the east and southeast. A commercial plaza exists to the south (although outside of the Urban Area Boundary). The small size and location of the parcel restricts its potential agricultural use. Shriner's Creek and surrounding land controlled by the Niagara Peninsula Conservation Authority provides a natural separation fi.om the agricultural area to the west. Municipal services are available to be extended to the property fi.om Kalar Road and Thorold Stone Road. The inclusion of this small area for residential use is unlikely to impact the existing supply of residential land in the Community. Subdivision Design and Zoning Amendment The proposed cul-de-sac and lotting is an acceptable design for the residential development of the land. There is no access fi.om this subdivision to Thorold Stone Road. A landscape plan showing the proposed streetscape treatment along Thorold Stone Road and Kalar Road is required. The developer will have to connect to the existing sanitary sewer at the Thorold Stone/Kalar intersection. Detailed stormwater plans will be necessary. Sidewalks are not proposed on the cul-de-sac as there is no planned connecting sidewalk on Kalar Road. The property is currently zoned A (Agricultural) through Zoning By-law 79-200 reflecting the existing Official Plan designation. The applicant has requested the zoning be changed to RID (Residential Single Family) to allow the development of the proposed subdivision lots. This zoning category is appropriate and the proposed lots will add to the mix of available lot sizes in the area. Lots 5, 6, 7 and 8 do not satisfy the zoning definition of lot frontage due to the widening angle of their lot lines away fi.om the street line. The proposed lots provide a sizeable building envelope satisfying the intent of the by-law. An exception to the lot frontage definition is required in the zoning amendment. Shriner's Creek The protection of the environmentally sensitive Shriner's Creek is the main issue with respect to the urban use of the land. The creek is designated Environmental Protection Area (EPA) in the Official Plan with portions surrounding it designated Open Space. The Niagara Peninsula Conservation Authority (NPCA) owns the stormwater management facility within the creek. The NPCA, Region and City have no objeetions to the proposed subdivision in relation to Shriner's Creek subject to several conditions. These requirements include approval of plans for stormwater management, lot grading, sedimentation and erosion control, obtaining permits for any fill within the fill-regulated area of the creek, and permanent fencing between the subdivision and NPCA property. February 12, 2001 -3- PD-2001-17 The attached Schedule 3 was prepared by Regional Planning and shows the location of the floodline and fill- regulated line. There are small rear portions of Lots 7 and 8 that are within the floodplain. These areas should be designated EPA in the Official Plan and zoned HZ (Hazard Land) in the amending zoning by-law. These land use controls and environmental conditions will protect this area. Staff contacted the NPCA regarding the potential purchase of this small section of the plan, however, the Authority does not have an acquisition fund. The applicant and NPCA should consider negotiations for a possible land transfer or at least locating the required fencing along the floodplain boundary rather than property boundary in this section of the subdivision. Regional Comments Standard conditions relating to servicing have been requested by the Regional Public Works Department to allow development of this subdivision. The Regional Planning Department has reviewed the applications 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. A stormwater management plan incorporating erosion and sedimentation controls is required. This site, along a creek, has a moderate to high potential for archaeological remains and a condition for an archaeological assessment is included. Agency Comments Canada Post has indicated that this subdivision will be served by rural mailboxes. In addition, the developer will be required to enter into separate agreements with several utility companies. CONCLUSION: The requested Official Plan amendment implements the Regional decision to include this site within the urban area. Special protection measures are required to address the environmentally sensitive Shiiner's Creek area abutting the land. The Vegter Estates Draft Plan of Subdivision is an appropriate development of the site. The associated Zoning By-law amendment will provide guidelines for the construction of the dwellings. The required conditions of subdivision draf~ approval are listed in the Appendix. Richard Wilson Planner 2 Resp~ect fully submitte4: Edward P. Lustig / Chief Administrative Officer Recommended by: ector of Planning & Development Approved by: ~0ny ~venda / ,~7 Executive Director of Corporate Services RW:tc Attach. FILE:S APDR~2001 ~PD2001 ~17.wpd February 12, 2001 -4- APPENDIX PD-2001-17 10. 11. Conditions for Draft Plan Approval Approval applies to the Vegter Estates Draft Plan of Subdivision prepared by Suda & Maleszyk Surveying Inc., dated March 2, 2000, showing 11 lots for single-detached dwellings and one block containing an existing dwelling. 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 purpose of enforcing 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) provision of appropriate daylighting triangles at the Kalar Road intersection; b) dedication of the road allowance to the City as public highway and the streets named to the City's satisfaction; c) dedication of a 3.0 metre road widening to the City along the west side of Kalar Road; d) construction of 8.0 metre wide roadway pavement with a 14.32 metre radius on the cul-de-sac bulb; e) provision of water distribution, sanitary sewer and storm sewer systems including a major and minor storm sewer system concept and connection to existing municipal services beyond the limit of the plan; f) implementation of controls on both quantity and quality of stormwater directed to the receiving systems such that outletting flows will not adversely affect downstream land; g) provision of an overland stormwater flow route; and h) application of the City's Lot Grading an and Drainage Policy; The developer dedicate a 0.3 metre (1 foot) reserve to the City along the flankage of Lots I and 11 to preclude direct access to Kalar Road. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. The developer grant the City and Public Utilities any easements required to service the subdivision. The developer pay the City cash-in-lieu of 5% parkland dedication. The developer submit a landscape plan for the review and approval of the Director of Parks, Recreation and Culture illustrating the streetscape treatment of Thorold Stone Road and Kalar Road. The developer provide boulevard trees in accordance with City policy. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. February 12, 2001 - 5 - PD-2001-17 12. 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. 13. 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. 14. 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. 15. 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. 16. The developer deed a 0.3 metre (1 foot) reserve to the Regional Municipality of Niagara along the rear of Lots 1 to 5 inclusive (including the daylighting triangle) adjacent to Thorold Stone Road to preclude access to this Regional roadway. 17. Final approval by received from Regional Niagara for an amendment to the City of Niagara Falls Official Plan redesignating the Subject land to "Residential". 18. 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 by the Niagara Peninsula Conservation Authority and that the report's recommendations be implemented through provisions in the subdivision agreement. 19. 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 property prior to the issue of a 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. 20. Immediately following noticb 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. 21. Immediately following notice of draft 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. 22. The developer prepare detailed lot grading, sedimentation and erosion control plans for the review and approval of the Niagara Peninsula Conservation Authority (NPCA), and the subdivision agreement contain provision that the developer implement such plans. February 12, 2001 - 6 - PD-2001-17 23. The developer obtain the required work permits fi.om the NPCA for the placem~t or removal of fill within the fill-regulated area of Shriner's Creek W-5-1. 24. The land located below the floodline of Shriner's Creek W-5-1 at the rear of Lots 7 and 8 be appropriately designated and zoned to reflect this hazard land. 25. The developer install a continuous 1.8 metre high chain-link fence along the entire boundary of the subdivision abutting the NPCA property prior to any lot grading and construction. Clearance of Conditions Prior to granting approval to the final plan, the City's Planning and Development Department 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 14, 15 and 16 - Regional Niagara Planning and Development Department for Conditions 17, 18, 19, 20 and 21 - Niagara Peninsula Conservation Authority for Conditions 18, 22, 23, 24 and 25 Official Plan & Zoning By-Law Amendment Proposed Plan of Subdivision Vegter Estates 26T-11-2000-04 & AM-16/2000 Location Map Subject Land 1: NTS Jan. 2001 SCHEDULE 2 VI~ GT]~ 1~ 'ESTATES SUBDIVISION CITY OF NIAGARA FALL~ SCHEDULE 3 f O VEGTER ESTATES SUBDIVISION CITY OF NIAGARA FALL~ ,g ./ The City of Niagara Fails Canada ,SCHEDULE TO THE OFFICIAL PLAN PHASING OF DEVELOPMEN1 LEGEND EXISTING HUNIEIPAL SERVICE AREA SOUTH WEST SERVICE AREA GRASSY BROOK SERVICE AREA CHIPPAWA SERVICE AREA ~4 LONG TERM NUHICIPAL SERVICE AREA REVISION THE I 1. Outfalls 53, 54 Kalat Read and Woodbine Shtiners C~k 85 4,500 450,000 2. Outfall 55 N.S.&T. Rijht-Of-W&y Shrinets Creek 106 5,600 560,000 3. Ouffall 56 Smith Street at Sbt'in,rs Creek Shriners Creek 19 1,000 100,000 4. Outfall 57 Soothwood D~v¢ at Re. ese Inn ShtJne~ Cte~k 7 400 40,000 5. Outfall 58 Mt. Cannel Blvd. East ~ Shtlne~s C~.ek 12 800 80,000 6. Outfall 59 Mt. Carmel Blvd. V/cst Bank Sluing, C~ek 21 1,200 120,000 7. Ouffall 60 Mt. Carmel Blvd. West Bank $h.,~nera Creek 6 400 40,000 8. Outfall 61 Cardinal and St. Augustine Shrlners C~.ek 17 1,000 I00,000 9. Outfall 62 Mathews and Cardinal Sht~nera Ceeek $ 300 30,000 10. Outfall 6'~ QEW and watt,corse W.5.1 Shri~ers Creek 152 7,(~0 760,000 11. Ouffall 29 S~ardey Ave and Welland River Welland River 31 2,000 200,000 12. O~tfall 30 W¢lland River on Don Murie WeHand River 87 5,600 $60,000 13. Outfalls 31/32 K~ar Road and Parkway/ Wclland River 25 1,600 160,000 l~g~ss SUBTOTAL 14. Future Commercial/Industrial D~velopment Welland River 467 45,000 4,500,000 GRAND TOTAL 13-12 .RESIDENTIAL BUILDING PERMITS BY NUMBER OF UNITS - 1970 to 1981 I100 0_0_( ~aoao ~aoxo ~ ,.. ~:.. ~o°~ ( 0 0 , '.'.' ~,,OoO MULTI oO~ ~..-.~ '"".... Oo°O ~ - o~o~, oBo~:i~.....:.:~c ~o~c D~oxcO O ~ KAAA AAA/ ''*''' ~AAAAAAA ~AAA )0~ ~ AAAAAAAA ~aaa AAA/ AAA~ ~AA~/ AAAAAAAA ~AAAAAAA/ AAA~ ~00 XAAA~AAA~.~ SINGLE FAMILY AAAA~ ~AAA ~AAA~ AA, AAAA ~AAA ~AAA ~AAA~ AAA~ AAAA ~AAA AAA/ AAA~ ~AAA AAA/ AAA/ 0 ~AAA,~AAA~ AAA~ ~AAA ~AAA AAA/ AAA~ NAAA AAA~/ AAAA UNITS 50~8 702 838 805 832 10~7 1055 714 570 270 1~2 177 [[ri I I PI~NNING: -No Secondary Plan -~'f one took only an urban view the proposal is oremature-, if you consider the unique agricultural co~_~unity it is a threa~~ -not needed- City has a twenty-five year supply within ~rban ~o~ndaries plus thousands of acres of industrially zoned lands that could be used for residential south of the Welland River -therefore alternative locations for housing are abundant -In City's Official Plan Review at least one developer opposes boundary expansion -thin edge of the wedge for openi~gup a 500 acre parcel plus Escarpment lands -creek and woodlots are not a boundary as already proven east of Kalar Rd. -Provincial Policy states that buffering should be provided along the urban boundary within the urban area not the farming area. Precedent: -~.his ~eograbhic setting using the creek as a buffer can be repeated all alon~ the urban boundary of Kalar Rd. to Beaverdams Rd., thus opening up looo acres giving us another 30 years of housing supply. Added to the 25 year supoly within the ~rban boundary~ this would mean a 55 year supply ~ and would bankrupt the city as well as developers. - a real estate person told me that peoole are leaving Niagara Falls and ~%vin~ to Fort ~rme because they do not want to live in a gambling environment. ~ URBAN BOUNDARY & OWNERSHIp: -purchased in 1986 after 1979 OMB urban boundary decision -was farmed as part of a dairy & Erape operation - severed because of e~propriation for dam site but was still farmed after DR3LWT PLA?I: -so~e frontages below forty foot minimum standard - some rear yards infringe on the floodolain, at a DAM SITE this is intolerable ~ CITY OF NIAGARA FALLS CO~.~NTS-. made with no public input to Council AGRI CULTUKE: -lands are good grape & good fruit such as plums & pears as we~l as good for dairying, cash crops and specialty crops such as soy beans -Re~tons Good G~ Des~.~ ~ ~n~,wate as oroven by O.M.B. Urban Boundary decision of Feb. , 1979 -was farmed as cart of a dairy and grape operation, lately forage (Hay) has been the main crop - as you can ~et two to three cuttings ~ of hay in one summer due to the climate advantage, this acreage is equivalent to six to nine acres not three. -same size parcels are olsnted to fruit trees alon~ the Creek ~d. in Virgil -my family farms a oarc~l alon,¢ ]eaverdams ,~d. bounded by Beaverdams Creek & Beaverdams .Rd. about the same size as the subject lands -Northwest l,~iagara had two Grape Kings -some areas grow peaches & cherries a:-in St. Davids ches imported from United States -60~. of canned pears are imported -canned graces are imported to add to fruit cocktail Environment · -Shriners Creek T~roe2Fish Habitat and the W-5-1 Dam abut the site -Shriners Creek ~B~landCanal ~urnin¢ Basin is a Class One Wetland. -wildlife corridor for deer, fox, brush wolves, coyotes, huge snapping turtles reoorted crossing Kalar ~d. -some lots infrin~on the floodplain - Consultants have only done an E~vironmental Statement NOT sn Environmental Study I do realize that this may be all that is req~-~. Stor~Mater ~'~nagement. -Shriners Creek receives ~%re urban runoff thau the Niagara River. This alone makes if a very significant stream. -no POhD is 'orooosed for cleaning the wateE~ this is a legs-1 re~luirement. -water is supoos{ to be cleaned before it enters the high water mark or floodolain -Consultants refer to the silt trap aves as a pond, it is not, it is just a pool in the cree~ bed -no room on develooers property f~a oond and should therefore deemed to be undevelopable by todays water quality standard~. Developers consultants state that because the W-5-1 was uograded that "no ~rther work is necessary". The W-5-1 was channelized for the second time east of Kalar -%d. in lOgO NOT WEST of Kalar Rd. This development is The Falcone, Smith Engineering Study stated that "no further work necesss y in regard to easterly development in the Carmel area not westerly development which is the location of the subject property. - the 3hriners Creek west of Kalar Rd., that is the W-5-1 tributary was not channelized and was disturbed only in the area of the earthen Dam and silt trap . -3- - 3 - St__ormwater M~na~e~ent: ~ont'd The proposed engineering design is not controlltn~ the r~nof£ to predevelopm~nt flows which Z understand is e requirement of Riparian law Consultants state "the Dams are functioning satisfactori~ to date. Untrue_ downstream erosion and ~prootin~ of 200 year old trees is evidence that all mitigation efforts to date have-failed, we believe such damage for which~ll parties are liable, is due to filling in of floodplain, channelizstion, and fail~re to control rate of runoff to ore develoonent flows. Wat~, q,~l~y is killing fish-- ~ilt, sewage, leachate from d~mp. ohrzners Creek is as insignificant as the Consultants allude to in t~ezr report then it just Droves how ineffective and inadequate the mitigation attempts · m~l~ar to what they propose to repeat here have been to date. This is a very si~uificant stream to anyone who wants to believe the truth. TRAFFIC: -subdivision exit is too close to a major intersection -if a secondary plan were in place it is doubtful housing would be planned here. -you are dealing with a development proposal not only adjacent to a creek but to a Dam site where deep water levels w~lI be reached. -believed to be designed for development east of K~lar Rd. only-dangerous .~o children~ will climb fences, adults tear down Eences.-some lot~ mnfringe on the floodplain-this is intolerable in a dam site~-sewage and leachate from dump in the creek and floodolain-liability problem if approved ~ - lar~er acreages surround the other two dam site., FeDc~: - will probably be torn do~n Just so they can manonv~ their bulldozers -Applicant has alread~ removed fence behir~ his house and seeded grass on' conservation lands within four feet of the creek. -Future homeowners will do the same as evidenced upstream east of Kalar Rd. in the Carmel subdivision. Wildlife habitat and corridor will be forther destroyed and water quality impaired. -children will climb the fence and adults will remove it. Sewage: -com_ments in regard to working capacity of KalarRd. Pumoin~ station in spite- of upgrading done , should be obtained. It is my convict{on that all development east of K~lar should be co~oleted to see if this station can handle it due to the heavy infiltrationand given its history of problems. Alsomoney should be directed to correcting all sewage problems east of Queen Elizabeth Highway that are polluttn~ the Shriners Creek before consideration is given to boundary expansions. I am well aware of some action already taken such as installation of somp o~os and sewer replacement but much more money is needed. H~s~t~ Department: -abdicating their responsibilities -all tributaries of Shriners Creek have coliform counts above acceptable levels due to malfunctioning sewage systems east of q.~.~. Highwa~ and to the west, possibly trunks as they have had a historl~ of bac~nps, inel~ding on Kalar Rd. to which this ~evelooment will flow. Leachate fro~ the City dump also enters this s~b.]~ct W-5-1 tributary. ,Hea'lth Deoartment: cont'd Two NPCA workers got sick investigating the Shriners Creek. Council and committee should request E Coli levels prior to voting. You won't stop children from playing in these' contaminated creeks but you can reduce the chances of it happening by stoppin~ the development. - ~ liability problem MNR& MOEE~ Comments?? ~VPCA Letter: ~he recent discussions between my brothers and ~CA and City were. in'regard to the W-5-A tributary and unrelated to this proposal. We would never agree to downstream channeltzation beyond the W-5-1 subject site or beyond the main Dam as inaccurately portrayed in the NPCA letter of Oct. 3/2000 and no consultant has ever suggested it. In conclusion there is no room here for a plan of subdivision that could treat the stormwater as legally required to achieve oresent water quality standards. The move into a ~nique a~ricultural cormm~nity is unjustified i! light of tens of thousands of poorer quality lands south of the Wellend R~ver. The subject site should be purchased and added to the conservation lands to ensure dam capacity. · ~equest that this matter be tabled pntill a resoonse in writing is received to the following questions: 1)How many housing units unbuilt (approved and unaporoved) within urban boundary that would drain into Kalar -Rd. Pumping Station? Z)HOw many more units could be added to the Kalar Pump station if redevelopment potential was realized east of Kalar Rd. in areas draining to this station? Is it possible that the actual working capacity due to infiltraion -not design capacity- would be fully realized with existing upgraded facilities once unbuilt and redevelopment potential is complete? 4) How many pumps in this station now? (the Kalar station) How many can it hold? ~s alarm, sounded since upgrading? I~ so orovide dates. 5) What are coliform and E COLI counts ~n W-~-I tributary of Shriuer~ Creek? also for the W-5-2, W-5-3~, W-5-4 & main stream? I request notice in writir~of Regional Councils decision on this aoolication. Yours truly, Jean Crandoni PLANNING AND DEV£L OPMENT The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-Maih plan@regional,niagara,on,ca February 5, 2001 Files: M.11.24 M. 11.27 Mr. Doug Darbyson Planning Director City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson: Re: Proposed Official Plan and Zoning By-law Amendments and Regional and Provincial Review Comments Vegter Estates Plan of Subdivision Files: AM-16/2000 & 26T-11-2000.04 Jack and Diane Vegter City of Niagara Falls Regional staff has reviewed the Vegter Estates subdivision application, which proposes the development of 12 single detached residential lots, including one lot with an existing dwelling (Block 12) on a 1.166 hectare (2.881 acre) site. Amendments to the City's planning documents are also proposed to facilitate the development of the subdivision. Regional Policy Plan Amendment 147, which was deemed to be approved effective November 28, 2000, brought this property into the Region's Urban Area Boundary for Niagara Falls. A full range of municipal services is available to support the proposed development. Therefore, this development meets the basic requirements of the Regional Policy Plan. Proposed Official Plan and Zoninq By-law Amendment,., The proposed Official Plan and Zoning By-law amendments will implement Regional Policy Plan Amendment 147. As such, we have no objection to the local amendments. A condition of draft approval is recommended requiring that the amendment to the City's Official Plan receive final approval prior to the draft plan proceeding to final approval. 2 Nia(3ara Peninsula Conservation Authority The Niagara Peninsula Conservation Authority provided comments to the City on this application on August 18, 2000. As such, it is not necessary~ for the Regional Planning Department to seek further comments from the Authority pursuant to the Region's agreement with the Authority to undertake Municipal Plan Review. We will, however, request the Authority's review of the detailed stormwater management and erosion and sediment control plans required as a condition of draft approval given the location of this site adjacent to the W-5-1 tributary of Shriner's Creek. The Conservation Authority will require a review fee in this regard. In addition, it has been noted that part of the subject lands may lie below the 100 Year Flood elevation of the W-5-1 watercourse. The attached plan shows the approximate location of the floodline based on the Conservation Authority's flood mapping. It appears that only a small amount of land falls below the floodline. In response to our request for verification of the floodline, the Conservation Authority has requested additional conditions including placing the flood lands in a hazard zone. Reqional Public Work,~ Regional Public Works staff has no objection to draft plan approval, noting that adequate reserve capacity is available at this time at Regional facilities to service this development. A copy of Public Works' comments is attached. The following conditions are requested by Public Works: · the submission of servicing designs (watermain, sanitary sewer, storm drainage systems); · MOE Certificates of Approval for the necessary servicing; · one-foot reserve along the flankage of Lots 1 to 5 inclusive including the daylighting triangle; and, · acknowledgement that draft approval does not include a commitment of servicing allocation by the Region. Reqional Public Health As this development is within the urban area and will be provided with full municipal services, the interests of the Regional PubliC Health Department are not affected. PROVINCIAL REVIEW To address Planning Act requirements, the Region and other agencies must have regard for Provincial policy requirements. Regional Planning staff has reviewed this plan in light of Provincial policy and we have the following comments: 3 Affordable Housinq The Provincial Policy Statement encourages the provision of a full range of housing types and densities including housing forms and densities designed to be affordable to moderate and lower income households. Not all subdivisions, particularly small-scale developments such as Vegter Estates, are expected to provide affordable housing opportunities. The application indicates that this development could provide the opportunity for affordable housing. The plan, however, proposes mainly larger cul-de- sac lots, which will likely result in increased lot prices. Nevertheless, there are numerous opportunities for affordable housing in other locations within the City. Ministry of the Environment We are not aware of any noise, land use compatibility or site contamination issues that would affect this development. Preliminary stormwater management information included in an Engineering Report prepared by Niagara Engineering indicates that quantity and quality control will be provided by the Niagara Peninsula Conservation Authority's Shriner's Creek facility just downstream. In addition, lot level controls, including rear yard grassed swales, will be utilized. A proposed storm sewer will discharge minor flows (5 year storm) to the adjacent W-5-1 tributary. Major flows in excess of the 5 year storm was originally proposed to be directed to Katar Road and discharge to the W-5-1 further downstream. The natural topography of the site, however, slopes to the west towards the tributary. We understand, therefore, that as a result of discussions between the City and Niagara Engineering the major storm is now proposed to discharge directly to the creek. The Engineering Report also proposes erosion and sedimentation control measures, including the installation of a silt control fence along the rear property line. In addition, a Natural Environment Report prepared by CG & S, dated August 2000, notes the importance of installing the silt control fence correctly and maintaining it in order to be effective. The final stormwater management plan, which is to be in compliance with the Ministry of the Environment stormwater management guideline, should make reference to these requirements. Implementation of the approved stormwater and erosion/sediment control plan should be addressed through the subdivision agreement · between the developer and the City. The Conservation Authority, in its comments to the Region on Regional Policy Plan Amendment 147, indicated that the applicants' engineering consultant should verify the assumption that the W-5-1 tributary and stormwater management facility can accommodate urban runoff from this site. The detailed stormwater management plan will, therefore, have to verify this. The Conservation Authority also commented that implementation of design change alternatives and downstream channel improvements that have been discussed for Shriner's Creek should be reviewed prior to additional urban runoff entering the system. A condition requiring the submission of a stormwater management report, incorporating erosion and sediment control measures, is included in Appendix I. 4 Ministry of Natural Resource,~ This site abuts the W-5-1 tributary, which is identified by the Ministry of Natural Resources as an Important (Type 2) fish habitat. Stormwater runoff will outlet into a storm sewer system that will discharge into the W-5-1 tributary and stormwater management facility. The final stormwater management report will be required to address stormwater quality and quantity control, including erosion and sediment control, in accordance with the Provincial stormwater management planning manual. Ministry of Citizenship, Culture and Recreation This development would appear to exhibit a moderate to high potential for the discovery of archaeological remains due to its location next to the Shriner's Creek W-5~ 1 tributary. An archaeological assessment of this property is, therefore, requested. A copy of the assessment report is to be provided to the Regional Planning Department for information. Conclusion From a Regional perspective, staff supports the draft approval of the Vegter Estates subdivision subject to the Regional Planning and Public Works conditions set out in the attached appendix. Regional Planning staff has also reviewed this application with regard to the interests of the Ministry of Municipal Affairs and Housing, the Ministry of the Environment, the Ministry, of Natural Resources and the Ministry of Citizenship, Culture and Recreation. A stormwater management report and an archaeological assessment are requested as conditions of approval as outlined in the attached appendix. Please send notice of the City's decision with regard to this application. David J. Farley Assistant Planning Director PB/ Attachments: 1. Appendixl - Conditions of DraCtApproval 2. Regional Public Works comments Mr. P. Fisher, Phil Fisher & Assoc. Ltd., 111 East Main St., Welland, L3B 3W5 Mr. E.C. Wagg, Clerk, City of Niagara Falls Mr. J. Durst, Ministry of Natural Reeoumes, Vineland Station Mr. P. Timrnins, Archaeologist, Ministry of Citizenship, Culture and Recreation Ms. B. Ryter, Ministry ol' the Environment, Hamilton Ms. S. Mclnnes, Niagara Peninsula Conservation Authority Mr. W. Stevens, Regional Public Works Mr. D. Semple, Senior Planner APPENDIX I Page 5 Recommended Regional and Provincial Conditions of Draft Approval Vegter Estates Subdivision File No. 26T-11-2000-04 City of Niagara Falls 1. That prior to approval of the final plan, an amendment to the City of Niagara Falls Official Plan redesignating the subject lands to "Residential" receive final approval from Regional Niagara. 2. That the owner acknowledge promptly to the Regional Planning Department that the draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara. Servicing allocation will be assigned instead at the time of final approval of this subdivision for registration purposes, and a similar clause be inserted in the subdivision agreement between the owner and the City of Niagara Falls. 3. That immediately following notice of draft plan approval, the owner shall 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 registt'ation. 4. That the detailed design drawings for the watermain, sanitary sewer and storm sewer facilities to service this development be submitted to the Regional Public Works Department for review and approval. 5. That Ministry of the Environment Certificates of Approval be obtained for the necessary servicing (water, sanitary sewer and stormwater drainage) for this development prior to final approval for registration. 6. That the owner deed to the Regional Municipality of Niagara a one-foot reserve along the flankage of Lots 1 to 5 inclusive, including the daylighting triangle, adjacent to Regional Road 57 (Thorold Stone Road) in order to preclude access in perpetuity. 7. That 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, be submitted to the Regional Planning Department for review by the Niagara Peninsula Conservation Authority. The report's recommendations as approved by the Region are to be implemented through provisions in the subdivision agreement. 6 8. That the owner 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 property prior to the issue of a letter from the Ministry of Citizenship, Culture and Recreation and the Region to the City of Niagara Falls 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. ,Clearance of Conditions Prior to granting final plan approval, the City of Niagara Falls must be in receipt of written confirmation from the following agencies that their respective requirements have been met satisfactorily: · Regional Niagara Planning for Conditions 1, 2, 3, 7 and 8 · Regional Niagara Public Works for Conditions 4, 5 and 6 · Niagara Peninsula Conservation Authority for Condition 7 Subdivision Agreement Prior to registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Regional Planning Department and the Niagara Peninsula Conservation Authority for verification that the appropriate clauses pertaining to Conditions 2 and 7 have been included. SCHEDULE 2 N VE GTEI~ ESTATES SUBDIVISION CITY OF NIAGARA Februazy 5, 2001 134 Church Street St, Catl,~ht~, Ont, 1,2R -31,4 Doug D~.,hyson Direoior of Planning The city of Niagara Fa/le Rc Vcgtcr Ektatc Subdivision: i am writing on baler of the Preservation of Agricultural Lands $ooioty,. (PAL$) concertting the approval of thc V~gter F.~tates subdiviaion. Aa a result of commenta on thc Vegter E,tat~s subdivision by thc NiaRara Peninaula Consorva~on Authority, it is evld~nt timt four of the 12 prop~ed lots in ~ subdivision are within tho flood plain of Shrinvr$' Cre~k. Since it would'b~ very Unfommate to include'such lands within the proposed $ubdiv~jo~ PAL~, stro~t r~quesu that these la. ds bo deleted. A~ e.~ondition of ~:rroval for Vcgtur'E~lates sub~viaion. ~hc llood p -laln portion of thc pl'oject shotdd be sovor~! from tho' mllbdiv~$ion and made. part of {he adjacent Shrlnor$' C. rvek Ctnm~.vatioil An:a. Tho ftmda ftn' flfia addilio~lal pmidand ahould gum,: fi~n Hie fiw I~' ~nt parkland dedioafions from other new subdlvlaions in Niagara FalL% if more land than the fiv~ per c~nt dcAi~atlon fi.om tifi$ proposal is r~qulred fo~ this project, Th~ is quit~ a real po~s~ty, sin~e the flood plain lands appear to account for about a third .of the subdivision. PALS f~Cl$ that thc acquisiti°n of flood plain'and o~u;r natural arca~ ahould b~com~ a high priority h~ paddand creation, Thc need to i~o such ecologically sclufitivo lands a greater co~idorotion wa~ recently rooognizod.b3~ Niagara Fall~ City Counoil in ira approval of. rocommmdalions by the Nia~ra l~al~ Planni~ Dopant-mt arisin~ out of it~ f~0 year r~ew of o otal plan.. In ,,ddifion lo acquirin~ all of the flood plain lands, PALS requests that this ~ub&:vision be subjected to a ite con, roi bylaw, · ' · wlueh would regulate the condition of fencing; between the ~ioposed subdi~ion..and the park. Such fcnoing would bo Im,porr~nt to l~CVOm future home evident fi'om thc applicant's own adh'flamen o£~movmg a similar fence m th~ past. In addition tn the normal chain link fen,'in~ PAf.R propo~e~ that an earthen herrn planted wJtlt t~:es'b¢ ~l'oated to boOolitm & pel'ttlalteitt featm'e ofti~o laltdsc~.po, di/~ieult £or vaitd-al$ to erase. Thc bylaw ~ould also stipulate that the ~x~¢s bo x~plant~d in the second year, lest any die of htadcquatc tcndirlg two yc~ars agtcr pla~ling. ' Il'the $hrinvr$' Creek Conservation Area is expanded and butt~re.d with trees from the 'propOSed SUbdivision, it will ren~ a~ ct llavon for wildlife and as an important passive recreational open space, tt is important that this opportuni~ to protect the environing-hr with good planning be fully u ed, · PALS requite timt we be kept informed as to details of the plan of subdivision and bc informed of any public mecKngs and/or city ¢otmcil ecnaions that deal with this L~ue. ~Od ~/~0:G0 ~00g ~0 Rineerely: RECEIVED The Ci~ of ~1~1~ Nia~ora Falls I1~. 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-maih nfplan@city.niagarafalls.on.ca His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: February 12, 2001 Doug Darbyson Director PD-2001-18 Re: PD-2001-18, Recommendation Report Colangelo Estates Draft Plan of Subdivision 26T-11-2000~07 Zoning By-law Amendment Application AM-40/2000 586112 Ontario Limited (In Trust) RECOMMENDATIONS: It is recommended that: 1) the Colangelo Estates 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; 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; and 4) the application to amend the Zoning By-law be approved to provide the necessary land use regulations to guide the development of the subdivision. PROPOSAL: The proposal is to subdivide and rezone a 4.11 acre (1.663 hectare) site on the south side of Mountain Road, between Dorchester Road and St. Paul Avenue, which extends to the hydro haulage road trail (see the attached location map). This proposal is a revision of a subdivision (File 26T-11-2000-03) that was refused by Council on August 21, 2000. The applicant proposes to subdivide the site into 18 single- detached lots and a block for future residential use in combination with abutting land. There is one lot with direct access to Mountain Road. The proposed roadways connect to land for future development to the east and west. Temporary road access is proposed to Mountain Road over 2 lots. The subdivision layout is shown on Schedule 2. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development February 12, 2001 - 2 - PD-2001-18 BACKGROUND: The Planning Act requires that a Public Meeting be held on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on December 11, 2000. At that meeting, concerns were raised regarding coordination of future development on abutting land, lot sizes, the temporary road access, drainage and fencing. All matters were referred to stafffor technical review. The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. The recommendation report for the proposal is presented for a decision. PLANNING REVIEW: Various matters were considered in assessing the proposed plan of subdivision and zoning amendment. Based on this analysis, approval is recommended subject to appropriate conditions associated with urban development. The review of the applications is addressed under the following headings. Official Plan & Gauld Neighbourhood Plan The City's Official Plan designates the property and the large undeveloped land south of Mountain Road as Residential. The area comprises in total over 20 acres (8.1 hectares) for future residential development. There are single-detached homes along Mountain Road located on deep properties. Fruit trees exist on a portion of the subject site as well as the parcel to the east. The land to the west is partly cultivated. The City's hydro haulage road trail and the hydro corridor are to the south. Established single-detached residential areas are located further south. The Official Plan promotes the coordination of developments, a compatible mix of housing types and variety of lot sizes to provide a full range of housing opportunities. The subdivision provides a mix of single-detached lot sizes that adds to the supply in the area and is a reflection of the strong market for this type of housing. The development should be compatible with the surrounding uses. The Gauld Neighbourhood Plan was adopted by Council in 1975 as a guide for future development. The Plan allows for flexibility in assessing development applications over time while recognizing the basic principles will remain valid. These principles include the integration of residential areas, efficient and orderly growth, proper roadway connections and access to recreational areas. The Neighbourhood Plan shows low density residential in this area, the hydro trail as open space and a road pattern that connects to Dellpark Drive and Mountain Road in two locations. The road connection to Dellpark Drive was determined at an earlier Council meeting not to be necessary. The land containing the two other planned roads serving the area are in private ownership. A concept plan submitted with this application demonstrates that the proposed development is consistent with the Neighbourhood Plan and allows options for the development of abutting land.. Subdivision Design The Colangelo Estates proposal is the first of, what will be, several subdivision plans to develop the area. The design allows for the integration of future residential development to the east and west. A temporary access route to Mountain Road permits this project to proceed with opportunities to develop suitable permanent street connections when future subdivisions are submitted. Through neighbourhood meetings held last year, the Mountain Road property owners stated they do not wish to develop their land at this time. While there was no consensus reached conceming the various development concepts possible for the land, the subject plan provides for several alternative arrangements. Febmary 12, 2001 -3- PD-2001-18 The subdivision proposes lot sizes as large as those existing in the Dellpark Drive area to the southwest. These are fairly large lots in comparison to typical residential subdivisions considered recently. Mountain Road is a major Regional roadway and, as such, lot frontages are usually greater in order to minimize the number of driveway entrances. Many of these lots originally developed on private services. The block of land for future development is considered an appropriate measure to provide for the long-term development of the area. Parks, Recreation and Culture have ~equested access from this subdivision to the hydro haulage road trail. A connection 3.05 metres (10 feet) in width is proposed at the boundary of the plan with a future matching dedication from adjacent land (total walkway width 6.10 metres - 20 feet). It may be possible to coordinate the walkway location with overland storm drainage requirements. This land can be credited toward parkland dedication requirements with the developer paying cash-in-lieu for the balance. The abutting landowners utilize their properties for agriculture and do not want to be impacted by the proposed plan. Requests have been made for fencing. The City does not usually require privacy fencing in such a situation as the future lot owners will often erect individual board-on-board fences. The developer has indicated that boundary fencing (rural "farm" type) may be considered to restrict access from the subdivision to the abutting land and address adjacent property owners' concerns. Servicing and Temporary Roadway Municipal services in this development must be sized to accommodate the entire area designated for future residential use. A new storm sewer and watermain need to be constructed along the north side of the hydro haulage road trail. The sanitary sewer system will connect to the existing sewer on Dellpark Drive (bore under trail). Lucia Drive is designed as the collector roadway which will extend to the east and west through future developments to serve the whole area. Sidewalks are required on the south side of Lucia Drive. Storm water generated by the development must be contained on-site. The temporary road access proposed o~er Lots 14 and 16 to Mountain Road is acceptable to the City and Region subject to design and construction requirements. The roadway will serve only the 16 buildahle lots within this plan and must be removed when an approved alternate access to Mountain Road is available. Pedestrian access to Mountain Road will be accommodated in the temporary road design. Residents have suggested this temporary road should be a permanent street. The area of Lot 16, between the two existing homes on Mountain Road, has insufficient width for a standard road allowance with daylighting triangles. The location, on a curve, is less than ideal once full development occurs. The Region and City maintain that the road locations shown in the Gauld Neighbourhood Plan are preferred in relation to sight lines and separation distances between existing and future access points on this Regional road. Zoning Amendment The site and the majority of properties on the south side of Mountain Road in this area are currently zoned DH (Development Holding) through Zoning By-law 79-200, as amended. This is a holding category in anticipation of future development. The applicant has requested a zoning change to a modified R1C (Residential Single Family) classification to permit the proposed subdivision. This is the same zoning category as the residential development to the south. The requested modification is to reduce the lot frontage required for a comer lot fi-om the 18 metres (59.1 feet) to 16.1 metres (52.8 feet) to accommodate the subdivision design. This reduction applies to only 2 lots within the plan. Discussions with the applicant and staff indicate that there may be a6 opportunity to realign the road allowance adjacent these lots and eliminate this zoning change. Nevertheless, the reduced standard is considered appropriate. House designs on the comer lots should be selected to meet setback requirements. February 12, 2001 - 4 - PD-2001-18 Regional Comments Standard conditions relating to servicing have been requested by the Regional Public Works Department to allow development of this subdivision. In addition, the Region has requested that a storm sewer connection be provided fi.om Mountain Road to the subdivision to resolve drainage problems on that roadway. As earlier noted, the Region will accept the temporary road access for the subdivision. The Regional Planning Department has reviewed the applications regarding 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 Citzenship, Culture and Recreation. A stormwater management report ~s a standard requirement. There are concerns of potential soil contamination related to pesticides used in older orchards such as on aportion of the property. An Environmental Site Assessment is requested. Based on the property's location close to a native burial site and along a historic transportation route, there is a moderate to high potential for archaeological resources on the site. A condition of approval for an archaeological assessment is included. Agency Comments Canada Post has indicated that the lot on Mountain Road will receive rural mailbox delivery but the balance of this subdivision will be served by a Commnnity Mailbox. In addition, the developer will be required to enter into separate agreements with 'several utility companies. CONCLUSION: The Colangelo Estates Draft Plan of Subdivision is an appropriate development of the site. The application complies with the policies of the Official Plan, is consistent with the principles of the Gauld Neighbourhood Plan, and should be compatible with the neighbouring uses. The requested zoning by-law amendment is the same zone as the Dellpark area and will provide regulations for the construction of the dwellings. The required conditions of approval are listed in the Appendix. Richard Wilson Planner 2 Respeclfully submitte01>,, Edw~d P. Lustig ~J Chief Administrative Officer Recommended by: oug Darbyson irector of Planning & Development Approved b~: (C av ? ?" Executive Director of Corporate Services RW:tc Attach. FILE: S:~PDR~2001 ~PD2001 - 18.wpd February 12, 2001 - 5 - PD-2001-18 APPENDIX Conditions for Draft Plan Approval Approval applies to the Colangelo Estates Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated October 24, 2000, showing 18 lots for single-detached dwellings, a temporary roadway to Mountain Road over 2 lots, and a block for future residential use. 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 purpose of enforcing 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) provision of a 20.0 metre road allowance width for Lucia Drive and an 18.0 metre road allowance width for Colangelo Drive; b) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; c) provision of water distribution, sanitary sewer and storm sewer systems; and d) application of the City's Lot Grading and Drainage Policy. The developer provide tempgrary roadway access to Mountain Road over Lots 14 and 16, designed and constructed to the satisfaction of the City and Region. 6. The developer construct a 1.5 metre wide sidewalk on the south side of Lucia Drive. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 8. The developer grant the City and Public Utilities any easements required to service the subdivision. The developer provide a 3.05 metre (10 foot) wide block of land to the City (either on the east side of Lot 1 or west side of Lot 4 - in conjunction with stormwater requirements) connecting to the hydro haulage road trail. 10. The developer pay the City cash-in-lieu of 5% parkland dedication (less the walkway land). 11. The developer provide boulevard trees in accordance with City policy. 12. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. 13. 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. February 12, 2001 14. 15. 16. 17. 18. 19. 20. -6- PD-2001-18 21. 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. 22. 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. 23. 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. The developer provide an easement for a storm sewer connection between Mountain Road and the internal storm sewer system for the subdivision to the satisfaction of the Regional Public Works Department. The Subdivision Agreement include provision whereby the developer agrees to remove at their sole expense the temporary access from Colangelo Drive to Mountain Road over Lots 14 and 16 immediately upon any alternate approved street access becoming available. 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), to the Regional Planning Department for review and approval, and that the report's recommendations be implemented through provisions in the subdivision agreement. The developer undertake a Phase 1 Environmental Site Assessment (ESA), prepared by a qualified consultant in accordance with the Guideline for Use at Contaminated Sites in Ontario, Ministry of the Environment, February 1997, verifying the history of agricultural use on the property. If the Phase 1 ESA identifies land as potentially having been impacted by older generation pesticides (ie. omhards present prior to 1970), a Phase 2 ESA (soil testing) concentrating on lead and arsenic shall be undertaken in accordance with the Ministry's guideline. A Phase 3 ESA (site remediation) shall be undertaken in accordance with the Ministry's guideline if the soil testing reveals levels of any contaminants exceeding the Ministry's limits for residential use. A copy of the ESA report(s) shall be submitted to the Regional Planning Department for review. The developer provide a copy of the Ministry of the Environment-acknowledged Record of Site Condition (RSA) signed by the owner and the consultant verifying that the site assessment has been completed in accordance with the Ministry's procedures, to the Regional Planning Department and the City of Niagara Falls. There shall be no disturbance, of the site until the Environmental Site Assessment required in accordance with Conditions 20 and 21 has been completed. The developer undertake an archaeological assessment of the entire development site, conducted by a licensed archaeologist, with adverse impacts to any significant archaeological resources found on the site to be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation, through the Regional Planning Department, con~rming that all archaeological resource concerns 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. February 12, 2001 - 7 - PD-2001-18 24. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning Department acknowledging that draft approvalis not a commitment o fservicing allocation by the Region as this servicing allocation, if available, will be assigned at the time of final approval of the subdivision for registration. 25. Immediately following notice of draft 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, and a similar clause be inserted in the subdivision agreement between the developer and the City. Clearance of Conditions Prior to granting approval to the final plan, the City's Planning and Development Department 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 15, 16, 17 and 18 Regional Niagara Planning and Development Department for Conditions 19, 20, 21,22, 23, 24, and 25 Proposed Plan of Subdivision & Zoning By-law Amendment Application Colangelo Estates 26T-11-2000-07 & AM-40/2000 Location Ma Subject Land 1: NTS Nowrab~r 2000 _- · SCHEDULE 2 0008 [2 :§g :t;'J OE ]DO uoH 6Mp' [UJS6OBI'E\BOP'6OBI?E\Sqo(\ :9 PLANNING AND DEVELOPMENT DEPARTMENT The Regional .M. unicipality of N agara 2201 St. Dawd's Road, P.O. Box 1042 Thorold, Ontar o L2V 4T7 _Telel)hone: (905) 984-3630 vex: (905) 641-5208 E-Mail: p~an@regionahniagara.on.ca January 30,:+2001 File: M. 15~24 Mr. Doug Darbyson Planning Director City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re.' Proposed Zoning By-law Amendment and Regional and Provincial Review Comments Colangelo Estates {Revised) Plan of Subdivision Files: AM-40/200,0 & 26T.11-2000-07 Revised 5861J2 Ontario Ltd. (In Trust) City of Niagara' Falls Regional staff has reviewed the Colangelo Estates (Revised) subdivision application, which proposes the development of 18 single detached residential lots and one block for future development on a 1.663 hectare (4.109 acre) site. This application is similar to the previous application under File 26T-11-2000_03 for which draft approval was denied by City Council. A temporary access to Mountain Road is now proposed over Lots 14 and 16. Our comments dated August 15, 2000 (copy attached) on the previous draft plan application, including conditions requested from a Regional and Provincial perspective, ~'emain applicable and should be applied to this circulation. An additional condition is requested with regard to the temporary access arrangement as discussed below. A revised list of draft plan conditions is attached in this regard. The Niagara Peninsula Conservation Authority's review of these applications was not required based on the Authority's prescreening criteria for Municipal Plan Review. Re(~ional Public W~)r~ The Regional Public Works Department will allow the temporary access on the understanding that it will be removed at the developer's expense immediately upon availability of an alternate approved street access. A clause in the subdivider's agreement to that effect is requested. Regional Public Works has also requested that the City advise Public Works of the status of the Gauld Neighbourhood Plan. In this regard, Public Works is particularly concerned with the number of streets exiting to Mountain Road and the separation between proposed and existing streets in this area. We understand that the Gauld Neighbourhood Plan was prepared in the early 1970s. Given that the proposed eXtension of Dellpark Drive from the south is no longer possible, it would now seem appropria{e'"for the City to re-examine the future street connections for this neighbourhood. The City should determine the most appropriate means of securing the temporary access over Lots 14 and 16. This could include placing Lots 14 and 16 in a 'Holding' zone until such time as a permanent access is provided.' Conclusion From a Regional perspective, staff has no objection to the draft approval of the Colangelo Estates (Revised) subdivision subject to the Regional Planning and Public Works conditions set out in the attached appendix. The City should, however, defer the final (third) reading of a zoning by-law until the draft plan has been granted draft approval. Regional Planning staff has also reviewed this application with regard to the interests of the Ministry of Municipal Affairs and Housing, the Ministry of the Environment, the Ministry of Natural Resources and the Ministry of Citizenship, Culture and Recreation. A stormwater management plan, an Environmental Site Assessment and an archaeological assessment are requested as conditions of approval. Recommended conditions in this regard have been included in the attached appendix. Please send notices of the City's decision with regard to these applications. Yours truly, ' rector Attachments: 1. Appendix I Conditions of Draft Approval 2. Regional Public Works comments 3. Comments dated August 15, 2000 on 26T-11-2000-03 C; Mr. D. Colangelo, 7094 York Drive, Niagara Falls, ON L2E 7A3 Mr. E.C; Wagg, Clerk, City of Niagara Falls Ms. S. Mclnnes, Niagara Peninsula Conservation Authority Mr. J. Durst, Ministry of Natural Resources, Vineland Station Mr. P. Timmins, Archaeologist, Ministry of Citizenship, Culture and Recreation Ms. B. Ryter, Ministry of the Environment, Hamilton Mr. D. Cher~ngton, Regional Pub c Works P B/26T-11-2000-07 3 APPENDIX I Page 3 Recomm~ehded Regional and Provincial Conditions of Draft Approval C01angelo Estates (Revised) Subdivision File No. 26T-11-2000-07 City of Niagara Falls 1. 'That the owner acknowledge promptly to the Regional Planning Department that the draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara. Servicing allocation will be assigned instead at the time of final approval of this subdivision for registration purposes. 2. That immediately following notice of draft plan approval, the owner shall provide the Regional Planning Depadment with a written undedaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the owner and the City. 3. That the detailed design drawings for the water-main, sanitary sewer and storm sewer facilities lo service this development be submitted to the Regional Public Works Department for review and approval. Note: The storm drainage system must include provision for the appropriate drainage from Regional Road 101 (Mountain Road). 4. That Ministry of the Environment Certificates of Approval be obtained for the necessary servicing (water, sanitary sewer and stormwater drainage) for this development pr, ior to final approval for registration. That the draft plan be revised to incorporate an easement for connecting the necessary storm sewer between Mountain Road and the internal storm 'sewer system on Colangelo Crescent to the satisfaction of the Regional Niagara Public Works Department, 6. That the subdivider's agreement between the City and the developer include provision whereby the owner agrees to remove at his sole expense the temporary access from Colangelo Drive to Mountain Road over Lots 14 and 16 immediately upon any alternate approved street access becoming available. That a stormwater management repod, 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 be submitted to the Regional Planning Department for review and approval, and that the report's recommendations be implemented through provisions in the subdivision agreement. 4 8. That a Phase 1,E~vironmental Site Assessment (ESA)be undertaken by a qualified consultant in accordance with the Guideline for Use at Contaminated Sites in Ontarib;'Ministry of the Environment, February 1997 verifying the historY of agricultural use on the property. If the Phase 1 ESA identifies lands as potentially having been impacted by older-generation pesticides (i.e. where orchards were present prior to 1970), a Phase 2 ESA (soil testing) concentrating on lead and arsenic shall be undertaken in accordance with the Ministry's guideline. A Phase 3 ESA (site remediation) shall be undertaken in accordance with the Ministry's guideline if the soil testing reveals levels of any contaminants exceeding the Ministry's limits for residential use. A copy of the ESA report(s) shall be submitted to the Regional Planning Department for review. 9. That a Record of Site Condition (RSC) signed by the owner and the consultant verifying that the site assessment has been completed in accordance with the Ministry of the Environment's procedures be submitted to the Ministry and that a copy of the Ministry-acknowledged RSC be provided to the Regional Planning . Department and the City of Niagara Falls. 10. That no disturbance of the site shall occur until the Environmental Site Assessment required in accordance with Conditions 8 and 9 above has been completed. 11.That an archaeologioal assessment be conducted of the entire development site by a licensed archaeologist and adverse impacts to any significant archaeological resources found on the site be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation, through the Regional Planning Department, confirming that all archaeological resource concerns 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. Clearance of Conditions Prior to granting final plan approval, the City of Niagara Falls must be in receipt of written confirmation from the following agencies that their respective requirements have been met satisfactorily: Regional Niagara Planning for Conditions 1, 2, 7, 8, 9, 10 and 11 · Regional Niagara Public Works for Conditions 3, 4, 5 and 6 Subdivision Agreement Frior to r~eg~stratton, a copy of the executed subdivision agreement for the proposed deVelOpment should be submitted to the Regional Planning Department for verification that the appropriate clauses pertaining to Conditions 2 and 7 have been included. Note The owner is advised that the appropriate Regional permits must be completed prior to any construction occurring within the Regional right-of-way. DATE: TO: FROM: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM December 18, 2000 Pat Busnello Planning and Development Department , William J. Stevens, C.E.T. I Supervisor Development Approvals ~.i~- n*~l ~_~1~% /. .Operational Support. S~r. viCes · Draft Plan of Subdmsl,o.n.. . Cola~gelo Estates SubdlvlSmn (Revised) - 26T-11-2000-07 Proposed: 18-Single Family Lots Owner: 586112 Ontario Ltd. (In trust) Agent: Donato Colangelo Regional Road 101 (Mountain Road) between January Drive West and January Drive East City of Niagara Fails Our File: D.II.101 (207) On November 16, 2000 we received two pieces of correspondence from the City of Niagara Falls. The first letter (dated November 10, 2000) indicated that a previous subdivision application and a rezoning application for the subject property had both been denied. The second piece of Correspondence (also dated November 10, 2000) was a new application for a draR plan of subdivision on the same property. On the understanding that all previous comments on this property are now redundant, we have reviewed this current draft plan of .subdivision, and submit ~e following comments for consideration during the review of this application: . Gauld Neighbourhood Plan We are not aware of any revised secondary plan for this area. Regional Planning should request the City to advise us of the current plans for the entire neighbourhood. We would be particularly concerned with the number of streets exiting to Mountain Road and the distance separations from both proposed as well as the existing street on the north side of Mountain Street. The curvature of Mountain Road should also be considered with respect tO access sight lines. ' ~Niagara Works ' Pat Busnello Planning and Development Department December 18, 2000 Page 2 The Proposal The subject property is inside the urban area boundary and has an approximately 18 metre frontage onto Regional Road 101 (Mountain Road). No other access to the property currently exists. As such, the owner would be entitled to an access to his property from Mountain Road, regardless of use. This proposal has a total of 18 single family lots, 17 of which front onto a proposed internal local street and one lot faces onto Mountain Road. However, due to the layout proposed, the lot fronting Mountain Road and one internal lot are being shown to be, Utilized for a Temporary Access Roadway into thc property and connecting to the proposed street. Regional Roads This subdivision abuts Regional Road 101 (Mountain Road). In order to develop these lands, an access is required from Mountain Road.~ The applicant has requested a temporary acce~;s. A temporary access will be permitted, subject to the following as part of the subdivider's agreement. The access would be permitted on the strict understanding that the temporary access will be removed at tile developer's sole expense, immediately upon any alternate approved street access becoming available. In this regard, we have no idea how long the access may be required, and due consideration mu~t be given to the eventual registration of the Plan and the acceptance of same by the City. Some guarantee as to the cost and who is to remove the access is required. Should the City be of the opinion that a permanent access is more appropriate, then the Region will require a standard road allowance width of 66-feet (20 m) meeting Mountain Road and turning radii, pavement structure, etc. as per City standards. We note that the width of the lot fronting Mountain Road is 59-feet according to a recent severance application plan. In addition, no future road access will be permitted within 200 meters. In regard to road allowance width, we would advise that Regional Road 101 (Mountain Road) has a varying road allowance width of between 86 feet and 96 feet at this location, therefore, no further widening is necessary. As a condition of approval, we would request that the owner be advised that the appropriate Regional permits must be completed, prior to any construction occurring within the Regional right-of-way. S{orm Drainage According to the City of Niagara Falls Master Drainage Report, the storm sewer system for this development will outlet to a new sewer, to be constructed along the Haulage Road, approximately 1,800 feet southeast of this development. This outlet is tributary to the Jupiter Boulevard storm sewer systent, which is under: the jurisdiction of the City of Niagara Falls. In accordance with our discussions of May 16, 2000 with City staff, Regional staff and the developer, the storm sewer system Pat Busnello Planning and Developmenl Department December 18, 2000 Page 3 3) 4) designed for Colangelo Estate Sbdivision must be sized to accom~nodate storm water runoff,from the abutting Regional Road 101 (Monntain Road), thereby providing an outlet to resolve current drainage problems. The plan should 'be modified to permit a permanent easement for connecting the necessary storm sewer between Mountain Road and the internal storm sewer system on Colangelo Crescent. As a condition of approval, we would request that the storm drainage system designed to service this pi'oposal, be submitted for our review and approval, noting that the appropriate drainage from the abutting Regional road must also be included. Further, that an easement in favour of the municipality be prbvided. Note that an MOE Certificate of Approval must be obtained. Any storm water management scheme will require the direct approval of the Ministry of the Environment. Water Supply A municipal supply of water is available to service this proposal from the existing 300- nun diameter watermain, under the jurisdiction of the City, which is located along an easement within the abutting Haulage Road. In regard to Regional facilities, we would advise that the Region's Niagara' Falls Water Treatment Plant has adequate reserve capacity at this time to supply potable water for this proposed subdivision. As a condition of approval, we would request that the sanitary sewer system designed to service this subdivision be submitted for our review and approval and that an MOE Certificate of Approval be obtained. Sanitary Sewage Facilities It is our understanding that an outlet for sewage generated by this development, is available to the existing 300 mm diameter sanitary sewer located on Dellpark Drive. The 300 mm diameter sanitary sewer, located on Regional Road 101 (Mountain Road), is under the jurisdiction of the City of Niagara Falls. In regard to Regional facilities, we would advise that the Region's Stamford Pollution Control Plant has adequate reserve capacity, at this time, to accommodate this proposed subdivision. As a condition of approval, we would request that the sanitary sewer system designed to service this subdivision be submitted for our review and approval, and that an MOE Certificate of Approval be obtained. Pat Busnello Planning and Development Departmenl December 18, 2000 Page 4 In conclusion, . we have no objection to this plan being approved, on the condition that the foregoing concerns and requirements are adequately addressed. Also, this developer should be fOrewarned that draft approval does not include a commitment of servicing allocation, but will be assigned at the tithe of final approval/registration and any pre-servicing, which may be undertaken, will be at the sole risk of the developer. Will - -~--~~ Supervisor Development Approvals DR/cm L:~Englneering-Pla ~nning-and-Development\Rusnak-Dave\Niagara Falls\3277.p.busnello.memo.doc c: B. Mclnnis R. Clegg B. Hughes, P. 'Eng. PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 2201 St. David's Road,P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-Mail: plan@regional.niagara.on.ca August 15, 2000 File: M. 15.24 ' Mr. Doug Darbyson Planning Director City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson: Rs: Regional and Provincial Review Comments Colangelo Estates Plan of Subdivision File: 26T-1t-2000-03 Revised 586112 Ontario Ltd. ,(In Trust) City. of Nia_aara Falls Regional staff has reviewed the Colangelo Estates revised subdivision application, which proposes the development of 17 single detached residential lots and one block fo~' ~uture de.velopment bna 1.672 hectare (4,131 acre) site. A road connection to the lands' abutting to the ~/est has been moved to the southerly part of the ~ubject lands in the revised plan. · The subdivision lies within the Region's urban area boundary for Niagara Falls and a full range of municipal services is available to support the proposed development. Therefore, this ~levelopment meets the basic requirements of the Regional policy Plan. The draft plan as proposed does not have access to an opened municipal road at present. Future road connections are proposed to the abutting lands to the east and we~t. We understand that the connections are generally consistent with the road network in the City's ~auld Neighbourhood Plan. Regional Planning staff, however, understand that there are no 'mmedlat~ plans for the development of those lands. A road connection is also proposed to Dellpark Drive to the south. The roadway would, however, have to be extended across the City's Haulage Road Trail. This has raised concerns with area residents. Without a connection to an opened public road, this plan will be landlocked. securing permanent access to this plan must, therefore, be resolved in order to permit development to proceed. Furthermore, until there is certainty over access, the whole design of the plan could change. As the granting of draft approval allows the developer to proceed with the installation of the hard services and the roadway, the flexibility for changes to the draft plan will be reduced after such a significant financial commitment by the developer. A[s(~, while proposed lots cannot be sold yet, the developer is permitted to enter into agreements to sell the lots upon receiving draft approval. There could, therefore, also be financial commitments made by prospective purchasers.. For these reasons, therefore, it is recommended that the City not grant draft approval until the issue of access is resolved. Reaional Public Works Regional Pub ic Works staff has no objection to draft plan approval, noting that adequate reserve capacity is available at this time at Regional facilities to service this development. A copy of their comments is attached. Public Works also indicates that the storm sewer system for thi~ development will outlet to a new sewer to be constructed along the Haulage Road and that the storm sewer system designed for this development must be sized to accommodate runoff from Mountain Road. An easement is necessary in this regard to connect the necessary storm sewer between Mountain Road and the internal storm sewer system on Colangelo Crescent. Public Works is also supportive of the proposed road pattern, which does not propose a street access to Mountain Road. The following conditions are requested by Public Works: · the submission of servicing designs (watermain, sanitary sewer, storm drainage systems); · MOE Certificates'of Approval for the necessary servicing; and, · acknowledgement that draft approval does not include a commitment of servicing allocation by the Region. Re(donal Public Health As this development is within the urban area and will be provided with full municipal services, the interests of the Regional Public Health Department are not affected. PROVINCIAL REVIEW ' To address Planning Act requirements, the Region and other agencies must have regard for Provincial policy requirements. Regional Planning staff has reviewed this plan In light of Provincial policy and we have the following comments: The Provincial Policy,.Siatement encourages the provision of a full range of housing types and densities including housing forms and densities designed to. be affordable to moderate and lower income households. The application indicates that the lot sizes have been designed tO be compatible with those found in Dellpark Woods subdivision to the south. There Is no indication, however, on whether these lots are anticipated to meet affordal~le housing targets. This is doubtful, as the lot sizes are fairly generous. The applicant should provide additional information to the City in this regard. Ministry of the Envirbnmenf This development is over 500 metres from the CNR line to the north, and there is existing and future intervening residential development (Calaguiro Estates), including a noise attenuation barrier required along the CNR for the second stage of Calaguiro Estates. This development would, therefore, not be affected by any noise impacts. In addition, we are not aware of any land use compatibility issues affecting this development. ' The application indicates that part of this property contains an orchard. The Ministry of the Environment has raised concerns with potential soil contamination due to pesticides used in older orchards, particularly in pear and apple orchards. The older-generation pesticides used In the 1930s and 1940s contained lead and arsenic, which do not break down over time and remain in the soil. Accordingly an Environmental Site Assessment (ESA) of the lands thai are now and were i~i the past planted in fruit trees, partictdarly pear and apple trees, is requested. No disturbance of the site should occur until the ESA has been completed. No preliminary stormwater'management information was provided with this application. The Background Report'indicates that a storm outlet is available at Marco Crescent to the southeast. Regional Public Works notes that a new sewer is to be constructed along the Haulage Road according to the City of Niagara Falls Master Drainage R6pod. A condition re~luirin¢3 the submission of a stormwater management report is included in Appendix ~. - - .Ministry of Natural Resources There does not appear to be any nearby natural areas or watercourses that would be affected by this development. SIormwater runoff will outlet into a storm sewer system. Ministry of Citizenship, Culture and Recreation Numerous archaeological sites were found in the Mountaingate Estates subdivisions to the east. In addition, this development is located near the St. David's Ossuary site to the northeast in the Neighbourhoods of St. David's subdivision, and the site contains sandy soils. 'Furthermore, Mountain Road is an historic transportation route. This development would, therefore, appear to exhibit a moderate to high potential for the discovery of archaeological remains. An archaeological assessment of this property is, therefore, requested. ' 4 Conclusion The Colangelo Estates subdivision is acceptable from a Regional planning perspective. As the deVelOPment is presently .landlocked, however, Regional Planning staff recommends that the City not grant draft approval until the issue of permanent access is resolved. Attached as Appendix I is a list of recommended conditions of draft approval from a Regional and Provincial review perspective that we request be included upon resolution of the access issue. Please send 'notice Of the City's decision with regard to this application. .David J. Farley Assistant Planning Director, PBI Attachments: 1. Appendix I Conditions of Draft Approval ' 2. Regional Public Works comments C; Mr. D. Colangelo, 7094 York Drive, Niagara Falls,' ON L2E 7A3 Mr. E.C. Wagg, Clerk, City of Niagara Falls Mr. J. Durst, Ministry of Natural Resources, Vineland Station Mr. P. Timmins, Archaeologist, Ministry of Citizenship, Culture and Recreation Ms. B. Ryter, Ministry of the Environment, Hamilton Mr. D. Cherrington, Regional Public Works PB/26T4 t-2~0,.03 Recommended Regional and Provincial Conditions of Draft Appr(~val Colangelo Estates Subdivision File No. 26T-t t-2000-03 City of Niagara Falls APPENDIX I Page 5 1. That the owner acknowledge promptly to the Regional Planning Department that the · draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara. Servicing allocation will be assigned instead at the time of final approval of this subdivision for registration purposes. That immediately following notice of draft plan approval, the owner shall provide the Regional Plannin, g'Department with. a written undertaking that all offers and' agreements Of pdrchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for , registration, and a similar clause be inserted in the subdivision agreement between the owner and the,City. That the detailed design drawings for the watermain, sanitary sewer and storm sewer facilities to service this development be submitted to the Regional Public Works Department for review and approval. That Ministry of the Environment Cedificates of Approval be obtained for the necessary servicing (water, sanitary sewer and stormwater drainage) for this development prior to final approval for registration. That the draft plan be revised to incorporate an easement for connecting the necessary storm sewer between Mountain Road and the internal storm sewer system on Colangelo Crescent to the satisfaction of the Regional Niagara Public Works Department. That 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 be submitted to the Regional Planning Department for review and approval, and that the report's recommendations be implemented through provisions in the subdivision agreement. That a Phase t Environ~nental Site Assessment (ESA) (history of past site use) be underta.ken by a qualified consultant in accordance with the Guideline for Use at Contaminated Sites in Ontario, Ministry of the Environment, February 1997 and a Copy of the report be submitted to the Regional Planning Department for review. 6 8. That a Phase 2 ESA (soil testing), concentrating on lead and arsenic, be undertaken by a qualified consultant in accordance with the Guideline for Use at Contamil~ated Sites in Ontario for any lands identified in the Phase I ESA as potentially having been impacted by older-generation pesticides and a copy of the , report be submitted.to the Regional Planning Department for review. That if the soil testing reveals levels of any Contaminants exceeding the Ministry of the Environment's limits for residential use, a Phase 3 ESA (site remediation) be undertaken by a qualified consultant in accordance with the Guideline for Use at .Contaminated Sites in Ontario and a copy of the report be submitted to the Regional Planning Department for review. 10. That a COpy of a Ministry of the Environment-acknowledged Record of Site Condition signed by the owner and the consultant verifying that the site assessment has been completed in accordance with the Ministry of the Environment's procedures be provided to the Regional Planning Department and the City of Niagara Falls. 11.That no disturbance of the site occur until the Environmental Site Assessment required in accordance with Conditions 7 to 10 above has been completed. 12. That an archaeological assessment be conducted of the entire development site by a licensed archaeologist and adverse impacts to any significant archaeological resources found on the site be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation, through the Regional Planning Department, confirming that all archaeological resource concerns have met licensing and resource conservation , requirements. Note: A copy ~f the archaeological assessment report is to be submitted to the Regional Planning Department for information. Clearance of Conditions Written notification from the following agencies will be provided to the City when their respective conditions have been satisfactorily met: · Regional Niagara Planning for Conditions 1, 2, 6, 7, 8, 9, 10, 11 and 12 · Regional Niagara Public Works for Conditions 3, 4 and 5 S, ubdivision Agreeme.nt Pribr to registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Regional Planning Department for verification that the appropriate clauses pertaining to Conditions 2 and 6 have been included. MEMORANDUM DATE: May 17. 2000 TO: . Planner ' SUBJECT. Draft Plan of Subdivision No. 267.11-..,,,,,,-,,,, ~ ',2-,~ . .~.~ Proposed: 17 Single-Family Lots v~,~,~ :o co, - Regional Road 101 (Mountain Road} behveen January DHve West and January DHve East City of Niagara Falls Our File.~ D1'1-601 (04.2000.207) Regional Niagara Public Works staff received the above-referenced draft plan of subdivision, which proposes 17 single-family lots and submit the following comments: A municipal supply of Water is available to service this proposal from the existing 300 mm diameter watermain, under the jurisdiction of the City, which is located along an easement within the abutting Haulage Road. In regard tO Regional facilities, we would advise that the Region's Niagara Fa~Is Water Treatment Plant has adequate reserve capacity at this time to supply potable water for this proposed subdivision. As a condition of-approval, we would request that the sanitary sewer system designed to service this subdivision be submitted for our review and approval, and that an MOE Certificate of Approval be obtained. Sanitary Sewaqe Facllitie- is our understanding, that an outlet for sewage generated by this development, available to the existing 300 mm diameter sanitary sewer, located on Dellpark Ddve, which is under the jurisdiction of the City of Niagara Falls. e Pat Busnello Planner May 17, 2000 Page 2 In regard to Regional facilities, we would advise that the Region's Stamford . Pollution Control Plant has adequate reserve capacity at this time to accommqdate this proposed subdivision. As a condition of apprOval, we would request that the sanitary sewer system designed to service this subdivision be submitted for our review and apprOval, and that an MOE Ce,rtiflcate of Approval be obtained. According to the City,of Niagara Fails Master Drainage Report, the storm sewer system for this development will outlet to a new sewer to be constructed along the Haulage Road '~pproximately 1,800-feet south-east of this development. This outlet is tributary to the Jupiter Boulevard storm sewer system, which is under the jurisdiction of the City of Niagara Falls. ' In accordance with our discussions of May 16, 2000, with City and Regional staff and the developer, the storm' sewer system designed for COlangelo Estates Subdivision must be sized to accommodate storm water runoff from the ~abutt ng Regional Road 101 (Mountain Road), thereby providing an outlet to resolve current drainage problems. Note that, the plan should be modified to permit an easement for connecting the necessary storm sewer between Mounfain Road and the internal storm sewer system On Colangelo Crescent. As a condition of approval, we would request that the storm drainage system designed to service this proposal, be submitted for our review and approval, noting that the at:)propriate drainage from the abutting Regional Road must also be included. Further, an MOE Certificate of Approval must be obtained and any storm water .management scheme will require the direct approval of the MOE. This subdivision abuts Regional Road 101 (Mountain Road), but does not propose a street access to Mountain Road, although a building lot (Lot 14) is proposed to have an entranceway to our roadway. We wish to exPress our support for the road pattern of this plan, which conforms to the intent of the Gauld Neighbourhood Plan with respect to only requiring internal road connections. In this regard, we would note, that Lot 14 has insufficient width to adequately accommodate a municipal roadway and such location would be too close to any future street access to the abutting Martinelli property to the west. Pat Busnello Planner May 17, 2000 Page 3 In regard to right-of-way width, we would advise that Regional Road 101 (Mountain Road) has a varying road allowance width of between 86-feet and 96- feet wide at this location, therefore, no further widening is necessary. As a condition of approval, we would request that the owner be advised that the appropriate Regional permits must be completed, prior to any construction occurring within the Regional right-of-way. In conclusion, we have no objection to this plan being approved, on the condition that the foregoing concerns and requirements are adequately addressed. Also, this de, veloper should be forewarned that draft approval does not include a commitment of sen/icing allocation, Ipu{ will be assigned at the time of final approval/registration and any pre-servicing, wh!ch' may be undertaken, will be the sole risk of the developer. Di K. Cherrington, C.E.T. Approvals Co-ordinator DKC/cm CC: R. Clegg B. Mclnnis B. Hughes, P. Eng. G. Holman, C.E.T., City of Niagara Falls, Engineering Department D. Darbyson, City of Niagara Falls, Planning Department D. Colangelo, C.E.T. Ig'M-.A1NOR D~-,M~.CH ER RINGTO N~1007 I~.lxas~'~lo.memo.d(x: Clyde Carruthers "Friends of the Haulage Road" 6681 Dellpark Drive Niagara Falls, Ontario L2J 3G7 358-9966 (home) 354-9033 (business) Wednesday, January 24, 2001 Doug Darbyson Director of Planning and Development City Hall PO Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson My name is Clyde Carruthers and I am a spokesperson for the group, "Friends of the Haulage Road". As you may be aware, the Haulage Road Trail is located in the north end of our city stretching 2 km from the Mountain Road/Dorchester Road intersection to St. Paul Avenue. On Monday, January 22, 2001 I received in the mail from your department a Notice of Public Meeting dealing with a Zoning By-Law Amendment Application (File: AM-40/2000) and "Colangelo Estates" Draft Plan of Subdivision (File: 26T-11-2000- O7) Our group, "Friends of the Haulage Road" are very interested in the maintenance and preservation of the Haulage Road Trail. Since our trail forms the southern boundary of the proposed Colangelo Estates subdivision we are naturally interested in any aspect of this proposed plan that might affect the trail in a negative way. After studying the information contained in the Notice of Public Meeting letter as well as speaking to Rick Wilson in the City Planning Department on Tuesday, January 23, 2001, "Friends of the Haulage Road" find that the Zoning By-Law Amendment Application (File: AM-40/2000) and "Colangelo Estates" Draft Plan of Subdivision (File: 26T-11-2000-07) do not affect the Haulage Road Trail in any negative way. Consequently, "Friends of the Haulage Road" have no objections to this application. Sincerely, Clyde Carruthers "Friends of the Haulage Road". VED' 2 01 ; VELOPMENT February 5, 2001 Doug Darbyson, Director of Planning and Development P.O. Box 1023, 4310 Queen St., Niagara Falls, Ontario, L2E 6X5 HAND DELIVERED SUBJECT: ~ZON1NG BY-LAW AMENDMENT APPLICATION (FILE: AM-40/2000) AND ~COLANGELO ESTATES" DRAFT PLAN OF SUBDIVISION (FILE: 26T-11-2000-07) We are in receipt of a Notice of Public Hearing, for Monday, February 12, 2001 to consider the above referenced applications. We forward the following for consideration in providing a decision on the applications. Our property of 12.75 acres is currently designated as farmland and abuts the East Side of the subject lands. We are requesting that as part of the consent the following be addressed and/or incorporated, as required: 1. A fence be erected on the subject land, at 586112 Ontario Limited's expense, for the full length of the properties between Mountain Rd. and the former Ontario Hydro haulage road. We request that this fence be at the maximum height as the bylaws allow. 2. We are concerned with the issue of any restrictions on the farming operations and request that this be specifically addressed. 3. A drainage plan be prepared and executed on the subject land so that run off will not impact our property and farm operation. The blocks of land on the East Side of the subject lands which are being %et aside for future development" must be incorporated into the existing subdivision plan. These blocks should be strictly the responsibility of the applicant. The blocks should not have to be incorporated as part of "future developments" where there may be potential negative impact or resulting financial responsibility on future development or the owners of adjacent land. The R1B designation as it applies to lot size (at least 7 000-sq. ft.) should not be altered for the proposed subdivision since any change in this designation could adversely affect adjacent property owners. Furthermore we request that there be no variances allowed for smaller lot sizes. The subdivision access road to Mountain Road should be permanent. Any adaptations required to the plan to abide by the municipal regulations to accommodate a permanent road should be the responsibility of the developer. The lands to the east of the proposed development will more than likely not be developed in the near future thus constructing a temporary road for an undetermined number of years is certainly not in the best interest of the community. We plan to attend the Public Hearing and look forward to clarifications of issues or concerns. Please notify us of any future meetings or decisions of council as they relate to the above. If there are any questions, please contact John Saczkowski at either 688 - 4434 (work) or 468 - 4376 (home). or Marie Saczkowski Campbell at 905-689-4930 acz ows i a flJvlarie Sacz ! owski Campbell on behalf of Maria Saczkowski RECEIVED 86 Mountain Ro~k~, Niagara Falls LOS 1J0 FEB 0 P 2001 PLANNING & DEVELOPMENT Ni gQro Falls 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-maih nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-15 February 12, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-15, Letter from Miss Joan Howatson RECOMMENDATION: It is recommended that Miss Howatson's request to have the Planning Department undertake a study of permitted land uses within Light Industrialzones be considered as part of the City's comprehensive zoning by-law update. BACKGROUND: On January 29, 2001 Council, refen:ed a letter received from Miss Joan Howatson to staff. In her letter, Miss Howatson describes the gradual transition of a small grocery business, which is located on the west side of Victoria Avenue, into a large-scale trucking and shipping terminal. Whereas the original business was considered an asset to the adjacent neighbourhood, the current operation, with its extended business hours and generation of truck traffic, is adversely affecting area residents. Miss Howatson believes that trucking and shipping terminals are inappropriate land uses for Light Industrial zones especially where adjacent housing is affected. A study of this situation is requested. The 2001 work programme for the Planning & Development Department provides for a review and updating of the City's comprehensive Zoning By-law 79-200. A detailed report on the timing and scope of this project is intended to be submitted to Council in the Spring. It is recommended that the issue raised by Miss Howatson be included in the comprehensive by-law update study. Prepared and recommended by: ~ing & Development Edward P. Lustig'~ ~ Chief Administrative Officcr~// Approved by: Tony Ravenda Executive Director of Corporate Services DD:tc SSPDR~2001L°D2001'15'wpd Working Together to Serve Our Community Clerk's · Finance Human Resources Information Systems · Legal Planning & Development ~. ot3o~c 10 ~. 3 RECEi'~F-D Nic~goro Foils Community Services Department Municipal Works 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: f'niggins@city.niagarafalls.on.ca Ed DuJlovic, P. Eng. Director MW-2001-17 February l2,2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re' MW-2001-17 - Appointment of Consultant; Fallsview Tourist Core Area Sanitary Trunk Sewer Phases 2 & 3 and Storm Trunk Sewer RECOMMENDATION: It is recommended that the City of Niagara Falls enter into a Consulting Services Agreement for the design of phases 2 & 3 of the Sanitary Trunk Sewer and the Storm Trunk Sewer for the Fallsview Tourist Core Area with Kerry T. Howe Engineering Ltd., for the upset limit of $52,600.00. BACKGROUND: The City of Niagara Falls had prepared a study on the sanitary servicing for the Fallsview Tourist Core Area. This study addressed the capacity of the sewer to deal with the existing development, the approved development and the proposed development in the Fallsview Tourist Core Area (which includes the new casino site). The report recommended the replacement of the existing trunk sewer to service the area. The first phase of the sewer is under construction with an anticipated completion date of March 8, 2001. The remaining design work includes the second and third phase of the sanitary trunk sewer and a storm trunk sewer from the drop shaft on River Road to Buchanan Avenue. Staff invited three consultants to submit proposals to complete this work: Earth Tech Canada Inc. Kerry T. Howe Engineering Ltd. Martin Engineering Inc. The proposals were scored on the basis of Project Schedule, Work Program and Project Team. Based on the result of that scoring, Staff are recommending the City enter into a consulting services agreement with Kerry T. Howe Engineering Inc.. They have successfully completed similar work for the City on previous occasions. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development · Building & By-Laws 2001-02-12 -2 - MWo2001-17 The consulting services and construction costs will be funded through the Water and Sewer Budget and Development Charges. Your concurrence with the above recommendation would Manager of Engineering Services Director of Municipal Works be appreciated. Re ctfully submitte-3"by,~ dward P. Lustig ,,~ ~ / Chief Administrative Offic~e~ Approved by: irector of Community Services The City of Niagara Falls ~.~ Canad~=~,~' Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.nlagarafalls.on.ca R.O, Kalllo City Solicitor L-2001-15 Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.o n.ca February 12, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-15, Metrus Properties Limited Amending Agreement to Offer to Purchase Our File No.: 2000-165 RECOMMENDATION: That an Agreement, in the form attached hereto, amending the Offer to Purchase part of the Montrose Business Park submitted by Metrus Properties Limited, be authorized. BACKGROUND: On November 9, 2000 Council approved the recommendation in report L-2000-88 (a copy of which is attached) to accept the Offer of Metros Properties Limited to purchase part of the Montrose Business Park shown in Schedule "A" attached thereto. A provision in the Offer permitted the Purchaser the opportunity to reconfigure the subject land in accordance with its requirements provided the area of the subject land remain the same. The Purchaser is requesting a reconfiguration of the subject land. Attached hereto is a copy of the amending agreement with an amended Schedule "A" showing the newly created parcel hatched thereon. The area of this parcel is comparable to the subject land in the original Offer. All other terms and conditions of the Offer shall remain the same. Staff has no objection to the proposed amending agreement. S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. ~d by: City Solicitor. ClerWs o Finance R~ct full~ubmitt~ Chief Administraflve Officer. J Working Together to Serve Our Commumty ./ Human Resources Information Systems · Legal · Planning & Development THIS AGREEMENT made the 9th day of February, 2001 BETWEEN METRUS PROPERTIES LIMITED a company incorporated under the laws of the Province of Ontario, Hereinafter called the "Metros" of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" of the SECOND PART; WHEREAS by an Offer to Purchase dated November 9, 2000 Metrus offered to purchase from the City 15.57 acres of land, designated as Parts 24, 25, 26, 27 and 30 on the plan attached to the said Offer as Schedule "A". AND WHEREAS the said Offer was accepted by the Council of the City on November 9, 2000; AND WHEREAS a provision in the said Offer permitted Metros the opportunity to reconfigure the subject land in accordance with its requirements provided the area of the subject land remains the same; AND WHEREAS Metrus is requesting that the land description in the said Offer be amended to reflect a reconfiguration of the said lands; -2- NOW THIS AGREEMENT WITNESSETH that in consideration of the premises Metros hereby covenants and agrees with the City as follows: 1. To amend the said Offer by deleting the following paragraph on page 1 of the said Offer: "Part of Lot 210 in the former Township of Stamford now in the City of Niagara Falls in the Regional Municipality of Niagara, approximately 15.57 Acres more or less, designated as Parts 24, 25, 26, 27 and 30 on the plan attached hereto as Schedule "A" (the "said lands") which the Purchaser may require be reconfigured in accordance with its requirements provided that the aforesaid are of the said lands remains the same," and inserting the following: "Part of Lo[ 210 in the former Township of Stamford now in the City of Niagara Falls in the Regional Municipality of Niagara, approximately 15.567 Acres more or less and shown hatched on the plan attached hereto as Schedule "A" (the said lands)," To amend.the said Offer by deleting Schedule "A" therein and inserting Schedule "A" attached hereto. -3- The Owner and the City agree that the terms of the said Offer in all other respects are confirmed and shall remain the same and time shall remain of the essence. IN WITNESS WHEREOF Metros and the City have hereunto affixed their corporate seals duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have the authority to bind their corporation. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) METRUS PROPERTIES LIMITED Narne~ Title: Name Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Wayne Thomson Title: Mayor Name: E. C. Wagg Title: City Clerk )+Ha. ) 5:I:Ho. =$- $chedulc "A" to Offer to Purchase between M¢l~us Properties Limited and The Corporation of thc City of Niagara Falls AREA= 1.665+H0. ( ¢.109±Ac~. ) AREA= 1.294J:Ho. 208.5m. HO. AREA= 1.760J:Ha. ( 4.54-9 ±Acs NO~42'40'E R-888,428 AREA= 1 ~O+F~a. ( 4-.398±AC~/ ) Ill CREEK NS~53'OO'E ROAD P-519 519DES-A S=1:1500 SEP. 29.2OOO The ~ity of Niagara Falls~ Can~~l~' Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.clty.nlagarafalls.on.ca Tel: Fax: E-mail: R.O. Kalllo City Solicitor L-2000-88 rkalllo@city,niagarafalis.on.ca ! .... ~ '-~" His Wom~p Mayor Wa~e Thomson FROM: E.C. WAGG and Members of Municipal Council, City of Niagara Falls, Ontario Memb ers: T~{E RECOMMEifL'/.';/]LX~,~ (S) CONTAINED IN THIS II. EPO iC,E W Li(~A OUPTED B ¥ ~200~88 ............. Metros Prope~i~ Limited Offer to Purchase and Option Re: Montrose Busings Park Our ~e No. 2000-165 RECOMMENDATION: THAT [he Offer to Purchase part of the Montrose Business Park submitted by Metrus Properties Limited and attached hereto as Appendix "A" be accepted; /h-ND FURTHER THAT the Option Agreement for the balance of the Montrose Business Park submitted by Metrus Properties Limited and attached hereto as Appendix "B" be accepted REPORT: Attached as Appendix "A" and "B" to this report are two docurn ....... Limited ("Metms"~ where*-- ~' ..... ents suonmtoa oy aqetrus Properties , oy ,v,~ums w~snes to purclmse all or part of the Montrose Business Park (the "Business Park"). The first document is an Offer to Purchase ("Offer") and the second document is an Option Agreement ("Option"). Set out below in summary form are the highlights of both documents. OFFER TO PURCHASE u No money will exchange hands in the Offer. Clerk's Working Together to Serve Our Community Finance · Human Resoumes Information Systems Legal Planning & Development -3- · The City shall have six months, after Metros has purchased at least 20 acres of the Subject Lands, within which to construct the pumping station · The purchase price of the Subject Lands shall be the total acreage of the Subject Lands or parts thereof multiplied by the sum of $25,500 per acre Staff is recommending that Council accept both agreements because the benefits to the City will be the sale of all or part of the Business Park, increased assessment, potential relocation of new industries and perhaps, the sale and construction will act as a catalyst in the area. ~ by: City Solicitor. tfully Submitted: Edward P. Lns~i ,~ Chief Administrative Officer. Approved by: T. Ravenda, Executive Director of Corporate Services ROK:jm OFFER TO PURCHASE Metrus Properties Limited, hereinafter called the Purchaser, offers to purchase from The Corporation of the City of Niagara Falls, hereinafter called the Vendor, that property in the City of Niagara Falls, in the Regional Municipality of Niagara which is more particularly described as follows: Part of Lot 210 in the former Township of Stamford now in the City of Niagara Fails in the Regionai Municipality of Niagara, approximately 15.57 Acres more or less, designated as Parts 24, 25, 26, 27 and 30 on the plan attached hereto as Schedule "A" (the "said lands") which the Purchaser may require be reconfigured in accordance with its requirements provided that the aforesaid area of the said lands remains the same, at the PURCHASE PRICE OF TWO DOLLARS ($2.00) of lawful money of Canada, payable on the following terms, and upon ennveyance to the Vendor, by the Purchaser, of the lands described in Schedule "B" attached hereto and forming part of this agreement (the "wood lot"): Purchaser submits with this Offer Two Dollars ($2.00) cash, certified cheque or money order payable to the Vendor as a deposit, which shall be non-refundable, to be held by the Vendor pending completion or termination of this Agreement and to be credited towards the Purchase Price on completion. Purchaser agrees on the closing of this transaction to convey to the Vendor the wood lot, flee and clear of encumbrances, for nominal consideration, subject to the usual adjustments. This Offer is subject to and conditional upon the Council of The Corporation of the City of Niagara Falls passing a by-law on the 9a day of November, 2000, authorizing its acceptance of this Offer to purchase the said lands and if such by-law is not passed~'this 0ffer shall be null and void and the deposit money shall be returned to the Purchaser without interest. This Offer shall be irrevocable by the Purchaser and may be accepted by the Vendor up to but not after midnight November 10, 2000. 12. 13. 14. 15. 16. -3- The Purchaser shall assume any taxes, from the date set out in paragraph 10 hereof. The deed or transfer for the said lands, except for the Land Transfer Tax Affidavit which shall be prepared and completed by the Purchaser, shall be prepared in registerable form at the expense of the Vendor. In the event of failure of the Purchaser to complete this transaction by the date set out in paragraph 10 hereof, the deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other fight or remedy to which the Vendor may be entitled hereunder. The Vendor makes no representation, warranty, condition either expressed or implied as to soil condition, services, utilities, fitness for the purpose of zoning and building by-laws, park, road widening or other possible dedications, or as to charges, levies and regulations of The Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, utilities or other regulatory authorities. The Purchaser shall satisfy itself in respect of such matters prior to submitting this Offer. This Offer is conditional until January 15, 2001, to allow the Purchaser in its sole discretion to determine and be satisfied as to the following matters, falling which this Agreement shall be null and void and all deposit moneys plus interest shall be returned to the Purchaser: (a) That the Proposed Development is viable and feasible. (b) That the Property is free of soil contamluation and its not subject tn any watershed, greenbelt, flood plain control or other restrictions of any conservation authority or other governmental agency or deparUnent which would in any way prevent the construction of the Proposed Development. (c) That the results of soil and ground water quality tests performed by the Purchaser's qualified engineers are satisfactory to the Purchaser in its sole discretion in order to enable the construction of the Proposed Development in accordance with governmental restrictions, regulations and by-laws under normal construction conditions without incurring outstanding side conditions in eonneetion therewith for the Proposed Development and for that purpose, the Purchaser shall be entitled to enter the said lands to conduct such tests, provided however, that the Purchaser shall restore the said lands to the condition they were in prior to any such tests. -5- 25. The transfer of the wood lot by the Purchaser to the Vendor shall be subject to all the terms and conditions, with the necessary changes, set out in this agreement for the purchase and sale of the said lands to the Purchaser by the Vendor. 26. The transfer of the said lands and the wood lot shall be done simultaneously and the Vendor is under no obligation to transfer the said lands to the Purchaser unless and until the Purchaser is ready, willing and able to transfer the wood lot to the Vendor. 27. It shall be a condition precedent to the Option Agreement, attached hereto as Schedule "C", that it shall not take effect until such time as the transfer of the said lands and the woodlot are completed in accordance with this Agreement. 28 The Purchaser shall construct an industrial building of at least 50,000 square feet on Part -- ~ hich building must be substantially completed according to the formula as set out in section 2 of the Construction Lien ~4ct R.S.O. 1990, c. 30, as amended, within two years of the closing date of this Agreement. 29. If required by law, the Purchaser shall pay to the Vendor on the closing date, all Goods and Services Taxes ("GST") payable in connection with the sale of the said lands. The Purchaser represents, covenants and warrants that it is now ow will by no later than the Closing Date be registered in accordance with the requirements and for the purposes of the provisions of the Excise Tax Act of Canada. The Purchaser shall, on the closing date, deliver to the Vendor a statutory declaration of a senior officer of the Purchaser attesting to its GST registration and setting forth its GST registration number. In addition, the Purchaser shall deliver to the Vendor, to indemnify the Vendor against payment of any GST payable with respect to or in connection of this transaction of purchase and sale. 30. All conditions and warranties shall survive and not merge on the completion of the transaction herein. 31. Schedule A, B and C attached hereto form part of this Agreement. M The Cor9_ ol ~ULE TO to Purchase between ropertles Limited and 5fthe (~ of Nin_t,~trn Fp~ts i SCHEDULE "C" TO OFFER TO PURCHASE BETWEEN METRUS PROPERTIES LIMITED and THE CORPORATION OF THE CITY OF NIAGARA FALLS THIS OPTION AGREEMENT dated the lS' day of November, 2000 BETWEEN: METRUS PROPERTIES LIMITED a company incorporated under the laws of the Province of Ontario, Hereinafter called "Metrus", of the FIRST PART; THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City", of the SECOND PART; WHEREAS the City is the owner of the lands (the "Subject Lands") more particularly described in Schedule "A" to this Option Agreement as shown hatched; AND WHEREAS Metrns wishes to enter into an Option Agreement (the "Agreement") to purchase all or some of the Subject Lands on the terms and conditions herein provided. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as fol!ows: 1 Subject Lands 1.1 1.2 The Subject Lands are more particularly described as being part of Lots 209 and 210 in the former Township of Stamford now in the City of Niagara Falls, in the Regional Municipality of Niagara, shown hatched on the plan attached hereto as Schedule "A". It is the intention of the parties that Metrus shall be given an option to purchase some or all of the Subject Lands. -3- 4.6 4.7 4.8 4.9 Thc parties further agree that Mctrus shall bc responsible for all scrvicin§ within, on and under the Subject Lands, including, without limiting the generality of the foregoing, the construction of sanitary sewers, storm sewers, water mains, laterals, roads, curbs, gutters, drains and other necessary servicing requirements within, on and under the Subject Lands. The parties further agree that the City shall not be required to construct the pumping station unless and until Metros has exercised the option to purchase at least 20 acres of the Subject Lands and the transaction has closed. The parties further agree that the City shall have six months from the closing date of the transaction referred to in paragraph 4.7 within which to construct the pumping station. The City agrees to allow Me~'us' engineers, surveyor, consultants, architect and other authorized agents to enter upon the Property for the Purpose of site inspections and of conducting groundwater quality and soil tests for lead, gasses, PCB's and other adverse soil enndifions and such other tests and examinations at its own expense as may be preliminary to Metrus' proposed development and Metrus shall restore the Property to the same condition that it was in prior to any such testing. 5 5.1 5.2 Purchase Price The purchase price of the Subject Lands shall be the total acreage of the Subject Lands or parts thereof multiplied by the sum of $25,500 per acre. The purchase and sale transaction shall be completed on the day which is sixty (60) days after the exercise of the Option or such other date as the parties or their respective lawyers may agree in writing (the "Closing Date"). 6 6.1 6.2 City's Representations and Warranties The City has not granted to any person, firm, corporation, partnership or joint venture any fight of first refusal, right of first purchase, option or right to lease the Subject Lands or any interest therein or paxt thereof. To the best of its knowledge, having made due internal inquiry, there are not any actions, suits or proceedings pending or threatened against or affecting the City at law or in equity or before any governmental authority, whether federal, provincial or municipal, having or claiming jurisdiction which affect the Subject Lands. 9.1.2 9.2 -5- Subject to the Municipal Freedom of Information and Protection of Privacy Act, request from the City any record to determine if there are any wastes, hazards or soil conditions which might interfere with Metros' intended use of the Subject Lands. The City shall, upon request, deliver or make available any existing survey or any other reports in its possession or under its control, relating to the Subject Lands. 10 10.1 10.2 10.2.1 10.2.2 10.2.3 10.3 10.3.1 Notice Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e-mail, by fax or by prepaid registered first class post, by the party wishing to give such notice, to the other party at the address noted below. Such notice shall be deemed to have been given: In the case of personal delivery, on the date of delivery; In the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Rules of Civil Procedure, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and In the case of registered post, on the third day, which is not a holiday, following posting. Notice shall be given: To Metros at: Metrus Properties Limited Attention: Robert DeGasperis, President 30 Floral Parkway Concord, Ontario I.~K 4RI Telephone No: (905) 669-9714 Fax No: (905) 669-3733 -7- 11.9 Any amendment to this Agreement shall bc in writing signed by both parties. 11.10 Any waiver shall be in writing and signed by the waiving party and delivered to the other party in accordance with paragraph 10. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind their corporation. DATED at , this day of November, 2000. METRUS PROPERTIES LIMITED Name: Title: DATED at Niagara Falls, this Nallle: Title: day of November, 2000. THE CORPORATION OF THE CITY OF NIAGARA Name: Wayne Thomson Title: MAYOR Name: E.C. Wagg Title: CITY CLERK