Loading...
Additions to Council Sept 10/07 i ADDITIONS TO COUNCIL, MONDAY, SEPTEMBER 10T", 2007 Resolutions 1. Resolution to go In Camera for Sept. 10t", 2007. Council Planning Matters 1. Correspondence from David Jovanovic re: AM-07/2007, Pinestone Road 2. Correspondence from Turkstra Mazza re: AM-23/2007, 6505 Fallsview Blvd Communications 1 a. Royal Canadian Legion Branches 51, 396, & 479 request for the week of Sept. 16t" - 22"a be proclaimed "Legion Week" 1 b. Royal Canadian Legion Branch 51 request for a Flag raising on Sept. 17t" @ 10:00 a.m. CORRECTION: The recommendation re: the Maple Leaf Kennels communication should read: REFER TO STAFF. ii si•5:~ . I The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on September 10`'', 2007, Niagara Falls Council will go into a closed meeting to consider matters that fall under the subject matter of 239(2)(c), a proposed or pending acquisition or disposition of land, and 239(d), labour relations or employee negotiations, of the Municipal Act, 2001. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR (9/10/2007) Anna Morocco - Wakler Community bevelopmenf Corporation.doc Page 1 I ~ September 10, 2007 I Re: Walker Community Development Corporation PD-2007-75, Revised Zoning By-law Amendment Application 6306 to 6378 Pinestone Rd and 6339 to 6367 Pinestone Rd Mr. & Mrs. David Jovanovic 6447 January Drive Niagara Falls, Ontario L2J 4J4 E This letter is to confirm discussions that I had with Cary Clark on Friday, September 7 and on previous occasions daring the summer. First, we are grateful that Walker Industries have looked at scaling aback the height of their development direct abutting our property to the north. However we did agree that ~ the following issues would be dealt with: I', 1. That an actual engineer's rod would be brought to the site and the exact peak height of the proposed building(s) would be shown/established at the proposed I set back location. This is confirm that the impact on sight-lines will be mitigated as per the developer's submission. 2. That discussion would continue as to the replacement fence for the now ~ dilapidated field fence. 3. That discussion would continue regarding the retention of the proposed `natural state' of the embankment and how we could reduce the current weed problem ~ from continuing to creep into our rear yard. i i f i I' fI C I i i i~ Planning ~ ~ ~ f~/'1 - 2_3/ 2 X07 Hamilton London Mississauga Toronto Herman Turkstra 15 Bold Street Hamilton Ontario Canada L8P 1T3 Direct Line 905 526-6183 Receptionist 905 529-3476 (905 LAW-FIRM) Facsimile 905 529-3663 September 6, 2007 BY OVERNIGHT COURIER City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Doug Darbyson Director of Planning & Development Dear Mr. Darbyson: Re: City File: AM-23/2007 6505 Fallsview Boulevard -Zoning By-law Amendment Application Our File No. 13322 -Helias Enterprises Ltd. We act for Comfort Inn Falls View and Helias Enterprises Inc. Our clients have provided to us your Notice dated August 17th, 2007. This Notice was received by our client's on August 24, 2007. We are writing to request that this matter be tabled at the Public Meeting scheduled for September 10th, 2007 and the Public Meeting adjourned, in order to enable our clients to obtain a comprehensive planning opinion with regard to this application. Our clients are strongly opposed to this application but given the time in which the Notice was received and the time frame for the public meeting it is not possible to retain a qualified planner and for such planner to complete a thorough review of the proposal. This zoning by-law amendment application has extraordinarily significant adverse implications for our client's lands. As you know our clients own the lands on both sides of the proposed 30 storey hotel. ~~~~IV~® SEP 0 7 2007 PLANNING TURKSTRA MAZZA ASSOCIATES, LAWYERS & DEVELOPMENT -Page2- It is our client's intention to proceed with a development on the lands south of the hotel. It is also our client's intention to maintain the integrity and viability of their restaurant operation north of the proposed 30 storey hotel. These are significant components of the City's vibrant tourist economy and deserve careful consideration. On an urgent basis, our clients have requested a preliminary comment from Peter J. Lesdow, an architect who is working with our clients on the future development of their lands. I am enclosing a copy of Mr. Lesdow's comments and you will see that there are very serious preliminary issues that impact on the existing chalet restaurant of our clients, very serious potential impacts on the future development of our client's proposed hotel site south of the zoning application lands, and very serious questions about the compliance with the City of Niagara Falls Tourism Policy Review Implementation handbook. It is clear that consideration of the zoning amendment application at this stage is entirely premature and we ask that it be tabled for proper analysis and filing of the appropriate submissions with your office. It is also clear that the overbuilding issues raised by this application merit an appropriate study to be carried out by the City if council is inclined to even consider the rezoning applications. We will attend at the public meeting to make submissions on behalf of Helias. Yours truly, G~L~ Herman Turkstra c HT/ms 13322/1 cc Rick Dritsacos TURKSTRA MAZZA ASSOCIATES, LAWYERS In the absence of Helias Enterprises having access to a qualified municipal planning consultant because of the extremely short notice of the public hearing submissions deadline, the proposed 30 storey hotel at 6506 Fallsview Blvd. at Dixon and in particular the drawings prepared by Chapman Murray Associate Architects Inc. July 09, 2007 were reviewed by Peter J. Lesdow, the architect retained by Helias in connection with the proposed development of the Helias parking lot South of 6506 Fallsview Blvd. Specifically, Mr. Lesdow had preliminary observations regarding how the proposal relates to the following: 1. The City of Niagara Falls Tourism Policy Review Implementation Handbook by the IBI Group dated May 31, 2004. 2. How this proposal impacts your existing Chalet Restaurant property to the North and your existing Parking Lot property to the south. These comments are preliminary only, reflect the lack of time to comprehensively respond to the proposed 30 storey hotel and will be supplemented by further planning observations as soon as Helias is able to retain appropriate professional municipal planners. MAIN STREET FRONTAGE The entire frontage approximately 28 m (90 ft) with a continuous drop curb on Main Street is simply a large entry and exit for vehicles using the facility servicing 383 hotel units with off site parking. No attempt has been made to provide any of the Implementation Handbook design objectives on pg. 13. • "Proposals should have a clearly defined base building designed to animate and define public streets with active uses, such as retail store fronts, galleries, hotel lobbies, high quality landscape courtyards, and generally provide activities that contribute positively to the success of the adjacent street. • Retail and entertainment uses should be located along built-to lines wherever possible, and create activity along public streets and open spaces. • Areas such as drop-off areas, where pedestrians and vehicles mix, should be integrated within the architectural solution, and should be kept to a minimum. OFF SITE PARKING The site statistics claim there is 20 on site parking spaces, however when one looks at the site plan A-1 and ground floor A-3 there are no permanent spaces defined. If parking is to occur in the port cochere turn around, there will be times when parking in this area will be impractical within this constricted area due to the number of vehicles the 383 unit hotel will need to serve at peak times during check in and out times. The site statistics claim 172 spaces will be off site. This is 90% of the total required parking. The project with respect to parking does not attempt to meet the intent of the Implementation Handbook which states pg. 51 • As a general rule, all required parking for new development should be provided on-site. • New developments should concentrate parking in structured lots or underground. In relation to the Helias properties to the north, south and across the street on the east of this development, and how the sites vehicular and street circulation of this development will impact those properties, it is noted that the site plan indicates the intent that most of this circulation will occur on Main Street which creates the most impact on the Helias properties. PODIUM The Implementation Handbook show diagrams of high rise hotels with the tower portion on a podium and the tower setback from the podiums edge on pgs. 13, 28 and 35. The handbook further states on pg. 28 No person shall erect a building or structure having a height greater than 15 meters unless above such height a minimum three meter setback is provided from the main wall of such building or structure that faces a lot line that abuts a street other than a public lane. On the east and south lot line of the Chalet Restaurant site which abuts this development to the north, the proposal calls fora 30 storey wall with no setback of the wall the full height of the structure. The only suggestion of a podium is a change of colour of the material. The Official Plan Policies as per pg. 26 of the Handbook states: Part 2 -Policy 4.4.6. "High Rise developments shall not overwhelm the public realm, The intention is to permit tall buildings to be built but to reduce their massing and visual impact as they become taller Part 2 -Policy 4.4.7. d) to ensure that building mass reduced above the four storey podium level and again at the 15 storey level so that no single building dominate the skyline, and that appropriafe gaps are maintained between buildings. It is obvious on the Chalet site that anything Helias may propose to develop higher than 4 stories will be adversely impacted by this development and its failure to follow the guidelines. TOWER SETBACKS /SEPARATIONS On pg. 28 of the Implementation Handbook is states the following: "Above the podium there should be a minimum separation distance of 25 meters (82 ft) between towers on a lot or on a abutting lot. The proposal calls for: a) 0 m setback the full height of the tower along the east and south lot lines abutting the Chalet Restaurant to the north. b) 6 m ± (20 ft) setback of the tower predominately along the lot line abutting your existing parking lot property to the south. The issue with respect to the 0 m setback along the Chalet Restaurant has already been discussed. A major issue is in relation to the Helias property to the south, where Helias is contemplating ahigh-rise hotel development, which this proposal would greatly compromize. It could seem fair that if this proposal would allow %2 of the 25 m (82 ft) or 12.5 m (41 ft) from the adjoining property line for both properties, the proper tower setbacks could be achieved. If the proposed development were to proceed Helias would be deprived unfairly of considerable development rights with respect to tower separations as suggested in the Implementation Handbook. In conclusion, for the reasons set out above, the proposed 30 storey hotel as currently presented would have a tremendous negative impact on the Helias surrounding properties abutting the north and south of this proposal as well as the Helias property the Quality Hotel and My Cousin Vinny's Restaurant across Main Street. With respect to the Niagara Falls Tourism Policy Review Implementation Handbook the proposal does not conform to the following: 1) On Main Street along the complete 28 m ± (90 ft the proposal does not have a "clearly defined base building designed to animate and define public street with active uses -retail stores, galleries -etc. -that contribute positively to the success of the adjacent street. 2) Ninety percent of the parking is off site, the handbook states all required parking for new development should be provided on site. 3) The setback of the tower from the 4 storey podiums edge of 3 m (10 ft) suggested in the handbook is 0 m along the east and south lot lines abutting the Chalet Restaurant north of this proposal. 4) The proposal provide a 6 m ± (20 ft setback from the current parking lot property to the south. When this property is to be developed into ahigh-rise hotel it means its tower setback from the adjoining property would be 19 m ± (62 ft which would make it undevelopable. These issues are all the result of a property which is to small to accommodated a project of the scale proposed if Council maintains the recognized standards for parking on site and building setbacks as setout in the adopted Guidelines of the City of Niagara Falls Implementation Handbook. a~ ~~i x ~ t o ~ 4 ~ ~ 3 ~p The Royal Canadian Legion - ~ NIAGARA FALLS (ONT. NO. 51 BRANCH) September 4th, 2007 ti`1.e ~ _ Mayor Ted Salci ~ 4310 Queen Street ~ ~'~''c car Niagara Falls, Ontario L2E 6X5 ~ Dear Mayor Salci: ~ ~ On behalf of the Royal Canadian Legion Branches No. 51, 396 and 479, we request that the week of September 16th to 22nd be proclaimed "LEGION WEEK". This week will be observed through Canada and many Branches will have activities to make the public aware of $ranch and Community projects. Branch 51 will be responsible for the pay~~nt of publication of the Proclamation in the Niagara Falls Review. Thank you for your attention to this very ~m~prt~.git event. For any further information, please contact HQlen ~Ceating at 354- 8331, regarding Legion Week. Yours truly, d Stuart Craig Pres. Br.51 cc: Br.479 396 124 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331 ~J~ ~ ~ ~ x+~-._ ~ y ppp 4 * V LOGO ..'`~€~~f CITY OF NIAGARA FALLS PROCLAMATION NIAGARA FALLS ROYAL CANADIAN LEGION WEEK WHEREAS, The Ontario Command of the Royal Canadian Legion has set aside the 16t'' to the 22nd day in September as Legion Week in Ontario and WHEREAS, The Royal Canadian Legion is represented in the City of Niagara Falls by Niagara Falls Branch 51, Clxippawa Branch 396, A.C. McCallum Branch 4?9. WHEREAS, The contributions of the Royal Canadian Legion Branches to the Community, in youth programs, senior programs, as well as their work in caring for veterans and their families and their active remembrance of civic recognition. THEREFORE, I Mayor Ted Salci, hereby proclaim the week of September 16~' to 22nd, 200? as 1'NIAGARA FALLS ROYAL CANADIAN LEGION WEER" in the City of Niagara Falls. TED SALCI MAYOR fo~u~.e.4 ~ 'a { W ~ The Royal Canadian Legion NIAGARA FALLS (ONT. NO. 51 BRANCH) September 4~', 2007 ~Q~ Mayor Ted Salci € ~h~~~.`t;Y c„ , 4310 Queen Street Niagara Falls, Ontario .oi L2E 6X5 ..•r,~ if~TT~~`~ Dear Mayor Salci On behalf of the Royal Canadian Legion Branches 51, 396, and 479, we request that permission be granted for a Legion Flag Raising Ceremony to be held on Monday, September 17th, 2007, at 10:00a.m. in honour of Legion week. This week will be observed throughout Canada and it would be greatly appreciated if permission could be received to fly the Canada Remembers flag at City Hall. We also request your presence and members of City Council at this event. We appreciate your attention to this matter. Yours truly, . /G,(,~./1/~L~~ . Stuart Craig Pres. Br.51 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331