2001/03/19PLANNING MEETING
March 19, 2001
PRAYER: Alderman Klm Craitor
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for
the current Council Meeting at this time.
ADOPTION OF MINUTES:
Regular Council Minutes of March 5, 2001.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKg
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
The Downtown Niagara Falls Board of Management - Re: New Board of
Management - requesting that Council approve the following new board:
Chairman - Joe Amadio; Co-Chairman - Gord Wyllie; Parking & Traffic: Paul
Juliar; Treasurer: Gord Wylie; Beautification: Tony Barranca; Promotion: Scott
Rogers; Secretary: Phyllis Toto; Board Members: Sam Stevens; Kurban Lalani;
Jerry Michaud; Joe Mrkalj and Council Rep: Alderman Judy Orr and that Council
approve the 2001 budget of $50,000.
RECOMMENDATION: That the requests be approved.
The Royal Canadian Naval Association - Re: Proclamation - requesting that
Council proclaim the week of May 7th to May 11th, 2001 as "Baffle of Atlantic
Week" and requesting permission to conduct a Flag Raising ceremony on May
7t~, 2001 at 9:30 a.m. in front of City Hall.
RECOMMENDATION: That the requests be approved.
-2-
Niagara South Federation of Agriculture - Re: Emergency Response Posts -
requesting that Emergency Response Posts featuring the house numbers be
placed at the road entrances of rural properties as a visible way of identifying all
rural residences when emergency services are required.
RECOMMENDATION: Refer to staff.
Memorandum, Building Department - Re: Proclamation - requesting that
Council proclaim the week of April 8 - 14, 2001 as "International Building Safety
Week.
RECOMMENDATION: That the request be approved.
Additional Items for Council Consideration:
The City Clerk will advise of any further Items for Council consideration.
ITEM NO. 2001- 08
ITEM NO. 2001-09
PLANNING MATTERS
Public Meeting
Zoning By-law Amendment Application
AM-01/2001, Teri Salvador
3552 Bridgewater Street, Building Lot
Background Material:
Recommendation Report: PD-2001-19
- AND -
Correspondence from The Niagara Parks Commission
Correspondence from Regional Niagara, Planning and
Development Dept.
Correspondence from Regional Niagara, Public Works Dept.
Public Meeting
Zoning By-law Amendment Application
AM-04/2001, First Niagara Developments Listed Agent:
Anthony Biglieri, Plantactics, 6940 &
7190 Morrison Street; Home Improvement
Warehouse Store
Background Material:
Recommendation Report: PD-2001-23
-3-
- AND -
Correspondence from Regional Niagara, Planning and
Development Dept
Correspondence from CN
Correspondence from Farr Lumber Ltd.
ITEM NO. 2001-10
Public Meeting
Zoning By-law Amend Application
AM-02/2001, Niagara Falls Life Centre Inc.
Agent: Peter Lowe and Cindy Gatenby, Director
4761 Crysler Avenue; Special Residence
Background Material:
Recommendation Report: PD-2001-24
- AND -
Correspondence from F. Peter Lowe
Correspondence from CN
Correspondence from Regional Niagara, Planning and
Development Dept.
Correspondence from Regional Niagara, Public Works Dept.
ITEM NO. 2001-11
Public Meeting
Wiens Estates Draft Plan of Subdivision
26T-11-2001-01; Owner: Sarah Wiens
Background Material:
Recommendation Report: PD-2001-25
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer
PD-2001-26, Official Plan Amendment
No. 29; 6700 Oakes Drive, Embassy
Suites Hotel.
Chief Administrative Officer
PD-2001-27, Request for Extension to
Draft Plan Approval; West Meadow
(Plan 2); 26T-11-9702; Owner:
Wedgewood Builders of Niagara Ltd.
Chief Administrative Officer
PD-2001-28, Request for Extension to
Draft Plan Approval; Parkway Acres,
26T-87010, Owners: Radojcid/
Radulovich.
-4-
REPORTS
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
(Alderman Wayne Campbell, Chair)
COMMUNITY SERVICES MATTERS
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
8. Chief Administrative Officer
9. Chief Administrative Officer
BBS-2001-06, Mount Carmel Park Sign
Application.
BBS-2001-07, Set Fines & Short Form
Wording Body Rub Parlour By-Law.
BBS-2001-08, Consolidated Building
Permit By-law.
BBS-2001-09, Deposits.
MW-2001-27, Supply of Municipal
Parking Control Services.
MW-2001-28, Property Address
Database Application.
MW-2001-29, Consulting Services for
the Class Environmental Assessment
Main Street.
MW-2001-30, Award of Tender #02-
2001; Alterations to Engineering
Department, City Hall.
R-2001-07, Market Viability Assessment
for Site Selection of the Community
Centre.
10. Chief Administrative Officer R-2001-08, Inventory of Dr. Afrukhteh's
Art Collection.
-5-
MISCELLANEOUS MATTERS
Chief Administrative Officer
L-2001-16, Establishment of Road
Widening and Daylighting Triangle as
Public Highways, Willoughby Drive and
Aberdeen Street.
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the
by- laws listed for Council consideration.
2001-54
To amend By-law No. 79-200, as amended. (Re: AM-02/2001, Niagara
Falls Life Centre Inc.)
2001-55
To repeal By-law No. 2000-104 (Re: Amendment No. 29 to the City of
Niagara Falls Official Plan)
2001-56 Respecting the payment of deposits upon application for permits.
2001-57
To amend By-law No. 79-200, as amended. (Re: AM-29/2000, Bernadette
Filer)
2001-58
Respecting inspections and permits for construction, demolition and
change of use.
2001-59
To amend By-law No. 98-223, being a by-law to designate an area as an
Improvement Area and to establish for such area a Board of
Management.
2001-60
To authorize the execution of an agreement with T.R. Hinan Contractors
Inc. respecting office alterations to the Engineering Department on the
second floor at City Hall.
2001-61
To establish Part 4 on Reference Plan No. 59R-11309, as a public
highway, to be known as and to form part of Willoughby Drive.
2001-62
To establish Part 5 on Reference Plan No. 59R-11309, as a public
highway, to be known as and to form part of Aberdeen Street.
2001-$3 To authorize monies for General Purposes (March 19, 2001)
-6-
NEW BUSINESS
4609 Crysler Avenue,
Niagara Falls, Ontario
L2E 3V6
Board of Management
Elections were held on January 24, 2001 for the Downtown Board of Management.
Results of the elections are as follows:
Tel.: (905) 3544606
Fax: (905) 354-5541
dbia@on.aibn.com
www.downtownniagarafalls.com
Chairman Joe Amodeo Tel: 356-7695
AJ Music Fax 356-1996
Co-Chairman Gord Wyllie Tel: 356-5555
Wyllie Real Estate Fax 356-5560
Parking & Traffic Paul Juliar Tel: 937-6000
Elgin Block Fax: 978-389 -2421
Treasurer Gord Wyllie Tel: 356-5555
Wyllie Real Estate Fax 356-5560
Beautification Tony Barranca Tel: 358-6646
Hair Lovers Fax 374-3755
Promotion Scott Rogers Tel: 354-2422
Anderson Furniture Fax: 354-2422
Secretary Phyllis Toto Tel: 374-1142
Classy Lady
Board Members: Sam Stevens Tel: 354-3252
Sam Stevens Men's Wear
Kurhan Lalani Tel: 354-5604
Queen Street Medical Fax 354-8527
Jerry Michaud Tel: 356-6772
Casa Del Sol Tanning
Joe Mrkalj Tel: 371-1722
Daily Planet
Council Rep Judy Orr Tel: 354-3308
The new Board of Management for the Downtown Business lmprovemem area is requesting
Niagara Falls City Council approval for the new board and approval of the 2001 budget of
$50,000.00. Funds will be used towards beautification, promotion and improvement of the
Downtown area. The new board looks forward to working in collaboration with the city council
to improving the downtown.
Joe Amoffeo
Downtown BIA Cha®
PLANNING
Downtown Niagara Falls: Where Variety Makes the Difference
The Royal Canadian Na. val Association
Niagara Regton
5603 SPRING STREET · NIAGARA FALLS · ONTARIO · L2G 1P7
February 28, 2001
City Hall
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON, L2E 6X5
ATTENTION: MR. W. WAGG
City Clerk
Dear Sir: RE: PROCLAMATION
It is respectfully requested that the Niagara Falls City Council proclaim May 7~ to May 11
2001, inclusive, as "Battle of Atlantic Week", during which time the traditional Navy Flag, the
White Ensign, could be flown at Niagara Falls City Hall. This request is also being made of St.
Catharines and Welland City Councils.
We would appreciate also, being given authorization to conduct a short Flag Raising
ceremony on Monday, May 7% in front of City Hall at 0930. Similar services are scheduled for
1100 in St. Catharines and 1300 at Welland City Hall.
R.C.N2A., Niagara Region, would like to take this opportunity to thank you for presenting
the aforementioned to City Council on our behalf, and we trust we may look forward to a reply at
your earliest convenience.
Should you require additional information, please contact our Master-at-Arms, Lee Cook
at (905) 353-1626.
Yours truly
ROYAL CANADIAN NAVAL ASSOCIATION
NIAGARA REGION
Marcia Kowal (Mrs.)
Secretary
cc. J.V. Blackburn, President
Lee Cook, Master-At-Arms
PLANNING MEETING_NAR
Niagara South Federation of Agriculture
February 27, 2001.
R.R.#1 Stevensvllle, Ontario LOS IS0
E-,V,~: nsfa~npiec.an.oa
Phone: g05-382.28~ I Fa(. 382-4572
Mayor Thomson & Councillors,
City of Niagara Falls,
4310 Queen Street,
NIAGARA FALLS, Ontario. L2E 6X5
Dear Mayor Thomson & Councillors,
Re: Emergency Response Posts
The NIAGARA SOUTH FEDERATION OF AGRICULTURE is concerned with the safety of rural
residents when emergency response services are required
Since some families live down lane-ways or long drives, and mail boxes (where names and/or
addresses would appear) are vandalized, we feel Emor~ncy Res~nse Posts. featuring the
house numbers, could be placed at the road entrance of each property. This would be an
excellent' and readily visible way of identifying ~ when emergency services
are desperately needed.
A few area municipalities have already implemented this successful program, and we urge the
City of Niagara Falls to do the same.
Your consideration of this safety measure is asked and your positive response certainly would
be appreciated. Also, we offer our assistance with this important matter.
On behalf of the NSFA President Dave Elliott, the Board of Directors and members,
Yours truly,
Jackie Glen, Sec.,
Niagara South Federation
of Agriculture.
PLANNING g2E'l'lNO--1 9
Community Services Department, Building and By-law Services
Inter-Departmental Memorandum
To: Woody Wagg
City Clerk
Date: March 16, 2001
From:
Louie Baldinelli
Application Examiner
Ext. 4344
Subject: "International Building Safety Week"
During the week of April 8 to 14, 2001 the City of Niagara Falls Building Division Staffwill be
representing our Municipality at Niagara Square to assist the public with any questions or concerns
pertaining to building permits and construction related issues.
Please accept this letter of request to proclaim the week of April 8 to 14, 2001 as "International Building
Safety Week" in the City of Niagara Falls.
The theme of"Intemational Building Safety Week" this year has been designated as Build It By The
Book.
I trust this information is satisfactory. Should you have any questions or concerns, please do not hesitate
to call at extension 4344.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
WH~B.~A~ Uae safety of the buildings that we occupy in our eye. day h'ves iB
essential to Uae citizens of the City of Niagara PaJls; and
WI-~ ~mongst our by-laws and regulations, are those which set out Uae
standards £or Uae safe oons~ruoUon of buildings,, and
Wt~ for bugdi, ng codes and apph'cable laws to be effective, there must be
understanding and co-operation between building of~cials and the people they
serve - bugding occupants snd the construed'on industry; and
W~,R~i~, Uae eontribuUon n~ade to the heslt~, safetyand welfare of our building
enviroznnent, by dedicated professions/ building code of~oials, ~ns~v not be fully
resJized by Uae gen ersJ p ubh'c; and
WIl~P.~.~ Uae Province and n~unieipah'ties across OhmiC, C~ada ~d ~he
Um~ed ~es, ~oge~er ~ua such pres~bus org~za~ions as ~e On~io
B~g O~o~s ~sooia~ion ~e promo~g s~e b~s ~o~ ~e
obse~oe of ~erna~o~ B~d~ng ~e~y Week;
NOW TI-I~t~EPOB~, I Wayne Thomson, Mayor of Uae City of Niagara Palls do
herebyprool~.i~n April 8-14, ~001 as
International Building Hafe y Veek
in Uae City of lViagara p~.IL~ and urge all citizens to re~ogni'ze t~e i~oor~anoe of Uae
Ontario Building Code and the v~al oontribuUon of the dedicated indi~duals,
who ad~n~ister snd enforce it in the City of lViagara Palls and elsewhere.
WITNI~$S, n~v signature and the seal of Uae City of lViagara p~77,~
~n's dsy of in Uae yea~ two Uaousand smd one.
Wayne Thomson, Mayor
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalts.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2001-19
March 19, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-19, Zoning By-law Amendment Application
AM-01/2001, Teri Salvador
3552 Bridgewater Street
Building Lot
RECOMMENDATION:
It is recommended that Council approve the Zoning By-law amendment application to remove
the opportunity for a tourist home to be established on the recently approved building lot.
THE PROPOSAL:
An amendment is requested for the land known as 3552 Bridgewater Street shown on Schedule 1.
The City's Committee of Adjustment recently approved a consent application (B46/2000/NF) to
convey the easterly 740 square metres of the land for a new building lot. Refer to Schedule 2 for
further detail. One of the conditions of the consent is the approval of the requested zoning
amendment.
THE AMENDMENT:
The land is currently zoned a site specific R1C-424 zone which permits the existing dwelling to be
operated as a tourist home. The amendment is requested to remove the site specific R1C-424
zoning from the building lot which otherwise would allow the new dwelling to be used as a tourist
home.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems · Legal Planning & Development
PD-2001-19
March 19, 2001 - 2 -
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:
MunicipalWorks
No objection. The future owner of the lot
should arrange to meet with Municipal
Works staff to co-ordinate details related
to access and servicing when building
plans have been sufficiently developed.
Building & By-law Services
All necessary Building Permits are
required from the Building & By-law
Services Division prior to construction.
· Parks, Recreation & Culture
No objections or adverse comments.
Fire Services
No objections.
· Regional Public Works
No objections.
· Niagara Parks Commission
Supports the amendment.
PLANNING REVIEW:
The following is a summary of staff s assessment of the application:
1. What is the background to the application?
In 1997, Council passed an amendment (By-law No. 97-136) to the City's Zoning By-law
to permit the existing dwelling at 3552 Bridgewater Street to be used as a tourist home
providing a maximum of three bedrooms for guests. The tourist home was allowed by
adding a special provision (424) to the land's R1C zoning.
On December 19, 2000, the City's Committee of Adjustment granted conditional approval
to a consent application (B46/2000/NF) to permit the easterly 740 square metres (7,966 sq.
fl.) of the land to be conveyed for a new building lot. Staffwere able to recommend the
consent because there are a variety of lot sizes and building styles in the area; the land
proposed to be severed is a large comer lot; the proposed lot would be compatible with the
surrounding properties; and the lot would provide for an efficient use of urban residential
land. The consent was approved conditional on the removal of the site specific zoning
provision from the proposed lot that would permit a tourist home to be established in the new
dwelling. The reason for the conditional approval was that the intent of By-law No. 97-136
was to only allow the existing home (3552 Bridgewater Street) to be operated as a tourist
home.
March 19, 2001 - 3 - PD-2001-19
2. Is the requested amendment appropriate?
Yes. The requested amendment will simplyremove the site specific by-law provision which
currently applies to the land and would otherwise permit a second tourist home to be
established. The amendment will satisfy one of the conditions applied to the creation of the
lot.
CONCLUSION:
Based on the foregoing, staffare able to recommend the requested amendment to the City's Zoning
By-law. The amendment will prohibit a tourist home from being established on the new building
lot.
Prepared by:
~Ken Mech
Planner 2
Respectfully submitted:
Edward e. Lu~st~'~
Chief Administrative Officer
Recommended by:
~oug Darbyson
irector of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
KM:gd
Attach.
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
3552 Bridgewater Street
Applicant: Teri Salvador
AM-01/2001
20O I
SCHEDULE 2
KEY P LAN o,~. ~No~. o~ ~.,~ ~ ~ ,N .. ~o
~ ~~ RECEIVED'
/
CI~ OF NIAGARA FALLS / "VACANT ~ND"
/ P~ ~ '
~ /~ AR~ 7966sq.~ ~ ·
, ~ /~' ~
P~rt of Lot ,
~,, . Plan 251
~e~ ~em~ ~e - ~e~ t ~e CI~ OF NIAGARA FALLS
S~e~e8 REGIONAL MUNICIPALITY OF NIAGARA
The Niagara Parks
Ontario
Bdan E. Merrett
John A.M. Kernahan
E-Mail: npinfo~niagaraparks.corn
Web Site: http://wvwv, niagaraparks.com
Telephone 905/356-2241 Fax 905/354-6041
March 1,2001
Mr. Doug Darbyson
Director, Planning & Development
City of Niagara Falls
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Dear Sir:
AM-0U2001
3552 Bridgewater Street
Zoning By-Law Amendment Application
The Niagara Parks Commission supports the above noted proposed zoning by-law
amendment.
We would appreciate a copy of your decision.
Yours truly,
David E. Gillis, M.A.A.T.O.
Manager Planning & Properties
DG:cp
RECEIVED
2001
0EVELOPMENT
REGIONAL MUNICIPALITY OF NIAGAI~
PLANNING AND DEVELOPMENT DEPARTMENT
REGIONAL AND PROVINCIAL REVIEW
COMMENTS
Date: March 8, 2001
To.'
Re:
Mr. D. Darbyson, MCIP, RPP
Director of Planning & Development
Planning Department
City of Niagara Falls
Zoning By-law Amendment No. 79-200
Teri Salvador ~/~-01/~X)~
Bridgewater Street and Main Street
City of Niagara Falls
Hearing Date:March 19, 2001
Proposal:
File No. M.11.23
This is a zoning amendment that proposes to remove a site specific zoning
from the new building lot which will prohibit a tourist home from being
established in the new dwelling. As a condition for granting a severance
B46/2000/NF for the same property, the applicant was required to apply to
remove the site specific zoning provision that permits a tourist home on
the property. Regional Planning staff had no objection to the severance.
REGIONAL REVIEW
Regional Policy Plan: Urban Area
Regional Public Works: Refer to Public Wo~ks Comments
Regional Public Health: Not Applicable
Additional Comments: None
PROVINCIAL REVIEW
Based on available information, this proposal affects/does not appear to effect the interests of the
following Provincial Ministries;
Ministry of Ag~cultum. Food & Rural Affairs
Ministry of Citizenship, Culture & Recreation
Ministry of Environment
Ministry of Municipal Affairs & Housing
Ministry of Natural Resources
INTERESTS INTERESTS
AFFECTED NOT AFFECTED
Additional Comments:
SUMMARY I
[] Based aa our review. Regional Planning Staff have no objection to the approval~otqhi~el~icl~ion. ,---
~n 1 2 2001
Steve Daniels, ~[anner I · '- ........
Developme~ Implementation Se~i~s A copy of the ~ac~sion o~ this applJcation Is mques~d.
Cop~ to:
Councillor W. Smeaton
Mr. W. Stevens, Regional Pu~i~ Wo~s
J3660 Schmon Parkway P.O. box 1042 --Thorold Ont. L2V 4T7 -- Phone (905) 984-3630 FAX (90~) 641-5208
THE REGIONAL MUNICIPALITY OF NIAGARA
DATE:
TO:
SUBJECT:
February 27, 2001
Steve Daniels
Planning and Development Department
Public Meeting
Zoning By-19w Amendment
To Prohibit a Tourist Home
Applicant: Teri Salvador
3552 Bridgewater Street
City .of Niagara Falls
Our File: D.10.000.2 (AM-01/2001)
We have no objection to the zoning by-law amendment, in order to remove site-specific zoning
from the new building lot. This will prohibit a tourist home from being established in the new
dwelling.
The rezoning is a result of a decision per Severance B-46/2000/NF.
William J. Ste~-, C.E.T.
Supervisor Development Approvals
DR/cm
L:\Engincering-Planning-and-Development\Rusnak-Dave\Niagara Falls\3411 .s .daniels.memo.doc
c: Ken Mech, Planning Department, City of Niagara Falls
~. WoNiagara
rks
The Ci~/of ~1~
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: planning@city.niagarafalis.on.ca
March 19, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Doug Darbyson
Director
PD-2001-23
Re:
PD-2001-23, Zoning By-law Amendment Application
AM-04/2001, First Niagara Developments Limited
Agent: Anthony Biglieri - Plantactics
6940 & 7190 Morrison Street
Home Improvement Warehouse Store
RECOMMENDATION:
It is recommended that Council approve the Zoning By-law amendment application to permit
the maximum gross leasable floor area of the shopping centre to be increased from 29,730
square metres to 35,416 square metres.
THEPROPOSAL:
An amendment is requested for the land known as 6940 and 7190 Mordson Street shown on
Schedule 1. Zehrs, Wal-Mart, Business Depot, Moores, Magicuts, Boston Pizza and a Dollar Store
currently exist on the land. The amendment is requested to facilitate the construction of a home
improvement warehouse. Refer to Schedule 2 for further detail.
THE AMENDMENT:
The land is currently zoned for a shopping centre (SC-391-486) which permits it to be developed for
fi-ee-standing or multiple groupings of retail stores including a food store, a junior department store,
a home improvement warehouse store and several other smaller retail stores. The zoning provides
for a maximum gross leasable floor area of 29,730 square metres for all of the stores. Approximately
24,918 square metres of floor space is already developed or approved. The proposed home
improvement warehouse store has a floor area of 10,498 square metres. The amendment is requested
to permit the maximum gross leasable floor area of the shopping centre to be increased from 29,730
square metres to 35,416 square metres to accommodate the proposed home improvement warehouse
store.
Working Together to Serve Our Community
Clerk's Finance Human Resources · Information Systems Legal Planning & Development
March 19, 2001 - 2 - PD-2001-23
RELATED APPLICATION:
A related application to adjust the boundary between the parcel containing the Zehrs store and the
rest of the development and to adjust certain easements has been submitted to the City. This
application (B18/2001/NF) is tentatively scheduled to be considered by the City's Committee of
Adjustment in April or May.
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 objections. When the severance
application is processed a road widening
on Dorchester Road will be requested to
accommodate a future right turn lane.
Parks, Recreation & Culture
Fire Services
No objections.
No objection. Fire Safety concerns can
be addressed through the normal Site
Plan review and Building Permit
processes.
Building & By-law Services
All pertinent Ontario Building Code
related issues shall be addressed through
the Site Plan Approval process.
All required Building Permits to be
obtained prior to commencement of
construction.
Fan' Lumber
Disagree with the Market Impact
Assessment. Believe that the home
improvement warehouse will affect their
business. Disagree with the suggestion
that they should market alternative
products. Disagree with the methodology
of the study. Concemed about
competition that will result in store
closures.
Regional Public Works No objection.
March 19, 2001 - 3 - PD-2001-23
Ministry of Transportation
No objections. Full scale
site/servicing/grading/drainage plans
should be included with MTO permit
applications which are required prior
to any on-site grading/construction
activity.
SUPPORTING DOCUMENTATION:
The following reports accompanied the application and can be reviewed in the City's Planning and
Development Department:
1. Planning Rationale Letter Anthony Biglieri
February 2001 Plantactics
Home Improvement Centre
Market Impact Assessment
February 8, 2001
Douglas R. Armand &
James P. Tate
Pricewaterhouse Coopers LLP
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 land on the northeast comer of the intersection of Mordson Street and Dorchester Road
and the subject land are designated Major Commemial in the City's Official Plan. Together
they form what is known as the Morrison/Domhester retail district. This area is to be
promoted as a sub-regional shopping district comprised predominantly of large, free-standing
retail outlets to provide the municipality a greater opportunity to recapture outflowing
expenditures and alternative shopping opportunities for its residents. The shopping centre
in the northeast quadrant of the district is allowed to develop to the extent permitted by the
zoning by-law and encouraged to develop and expand in its current format of free-standing
and independent retail and service commemial uses.
The subject land is to be promoted for large, free-standing and/or multiple groupings o fretail
outlets. These may include a food store, a junior department store, a home improvement
centre, non-department DSTM stores and, when appropriate, some limited ancillary service
commercial outlets. The first phase of this centre is not to exceed 29,730 square metres of
gross leasable floor area. The centr0 may expand to a maximum gross leasable floor area of
39,297 square metres when warranted by the market. To ensure that the primary function of
the centre is retained for large, free-standing retail outlets, the Zoning By-law is to include
provisions, which it does, establishing the maximum number of buildings and regulating the
gross leasable floor areas of the permitted retail uses.
March 19, 2001 - 4 - ?D-2001-23
2. What is the zoning of the subject land?
The subject land is zoned a site specific Shopping Centre zone (SC-391-486) which permits
it to be developed for fi:ce-standing or multiple groupings of retail stores including a food
store, a junior department store, a home improvement warehouse store and several other
smaller retail stores. The zoning provides for a maximum gross leasable floor area of 29,730
square metres for all of the stores. This zoning has been in place since 1997.
In 1998, the City's Committee of Adjustment approved two minor variance applications
which allowed the sizes of the existing Wal-Mart and Dollar stores.
In 1999, Council approved a Zoning By-law amendment (By-law No. 99-166) to permit up
to 20,000 square feet of ancillary service commercial uses (restaurant, bank, trust company
or credit union, personal service shop, etc.) to be established on the subject land. The
amendment facilitated the establishment of the Boston Pizza restaurant on the site.
Approximately a year ago, Council approved a Zoning By-law amendment application (AM-
01/2000) and passed a by-law (By-law No. 2000-59) to permit a maximum of 5 (excluding
Zehrs) rather than 4 buildings to be developed on a portion of the land and to allow up to 8
retail stores to be established on the land having gross leasable floor areas of less than 465
square metres (5,000 square feet). The by-law was appealed to the Ontario Municipal Board
by River Realty, the owners/developer of the Mount Carmel Shopping Centre.
Representatives of First Niagara Developments Limited and River Realty met and agreed to
changes to the by-law that would allow 5 rather than 8 retail stores having floor areas of less
than 465 square metres (5,000 square feet) and require these smaller stores to be located in
the same building. The two parties and the City documented these changes within Minutes
of Settlement which were forwarded to the O.M.B. for their consideration. The O.M.B.
recently issued an order allowing the appeal in part and amended the by-law as agreed to by
the applicant, the appellant, and the City.
Will the requested amendment have a negative impact on the planned function of the
City's other retail districts?
The Mordson/Dorchester retail district is the only retail district in the City which is intended
to include a home improvement warehouse store. In addition, the City's Official Plan is
specific in directing this type of store to the subject site. Therefore, the request to increase
the maximum gross leasable floor area of the subject site to accommodate the construction
of the planned and expected home improvement warehouse store should have no negative
impact on the planned function of the City's other retail districts. The first phase of the
power centre is nearing completion based on the figures contained in the City's Official Plan
and the amount of gross leasable floor area that is built or approved. The requested
amendment is intended to allow a portion of the second phase of the centre to commence.
Although the additional floor area is requested to accommodate the ennstmction of a home
improvement warehouse store, it is important to note that the use has been allowed on the
site since 1997.
March 19, 2001 - 5 - PD-2001-23
Will the planned home improvement warehouse store have an impact on the existing
lumber/building supply stores in the City?
A market report, prepared by Pricewaterhouse Coopers LLP, has been submitted in support
of the requested amendment. The report states that home improvement warehouse stores
tend to compete most directly amongst themselves. Therefore, the competitor most affected
by the proposed store will be the Home Depot at Fairview Mall in St. Catharines. The author
claims that the proposed store is expected to significantly reduce the amount of expenditures
leaving the City to St. Catharines.
The report also acknowledges that the proposed store will still compete with practically any
other local outlet that supplies similar products. Nevertheless, the author expects that the
impacts will be manageable by the existing retailers because it will be spread over a large
number of existing stores. As a result, the new store is not expected to cause the closure of
any existing retailers in Niagara Falls.
In addition to specialty stores, the report addresses the impact the proposed store will have
on Rona Cashway, Turkstra Lumber, Nick's Lumber, and Farr Lumber. The author
acknowledges that the new store will have an impact on the sales volume of the Rona
Cashway store, but does not anticipate its clo~ure primarily due to the strong existing
customer base and contractor support. Turkstra Lumber is not expected to have its sales
volume significantly impacted because this store appears to focus largely on the contractor
market. Nick's Lumber entered bankruptcy protection late last year and is no longer open
for business. The author acknowledges that the proposed store will have an effect on the
sales level of Farr lumber, but does not expect the impact to result in its closure. The
consultant states that Fan- lumber may have to adjust their product lines somewhat to reduce
direct competition with the proposed store, but that continued focus on customer service and
product knowledge will help reduce the effects of a new warehouse on their operations.
According to the report, the trade area served by the power centre includes the City, Fort Erie
and Niagara-on-the-Lake. It goes on to state that the trade area has a significant population
base which is expected to grow by an additional 5,600 people in the next four years. It
claims that as the population level increases there will be additional demands for goods and
opportunity for new retail space in the community.
5. Is the requested zoning amendment appropriate?
Yes. The request is within the intent and purpose of the City's Official Plan. The opening
of Zehrs, Wal-Mart and Staples/Business Depot has firmly established the big box retail
format which is intended to be developed in the power centre. The power centre was allowed
to develop to provide the municipality a greater opportunity to recapture outflowing
expenditures, particularly to St. Catharines, and alternative commercial shopping
opportunities for the City's residents.
The requested amendment does not request to add a home improvement warehouse store to
the list of uses permitted on the site because it is already permitted. In fact, this store has
been anticipated for several years. If approved, the amendment will simply allow the gross
March 19, 2001
-6-
PD-2001-23
leasable floor area of the centre to be increased by 20 percent to 35,416 square metres to
accommodate the floor area of the proposed store. According to the City's Official Plan, the
centre may expand to a maximum of 39,297 square metres of gross leasable floor area when
warranted by the market. Based on the applicant's submission the market appears to be
ready to support a portion of this additional space. A further application will be required to
obtain the total maximum gross leasable floor area allowed by the City's Official Plan for
the site.
CONCLUSION:
Based on the foregoing, staff are able to recommend the requested amendment to the City's Zoning
By-law. The land is intended to be developed for a power centre comprised of a food store, ajnnior
department store, a home improvement warehouse store, limited non-department DSTM stores, and
limited ancillary service commercial outlets. The current zoning allows the first phase of the centre
to develop. The requested increase in floor area is within the maximum gross leasable floor area
established for the second phase of the centre in the City's Official Plan. Any impacts of the
establishment of the home improvement warehouse store in the market place are expected to be
minimal. The proposed store should assist in the recapture of expenditures currently leaving the
City.
Prepared by:
Ken Mech
Planner 2
Respectfully submitted:
Edward P. Lus
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
KM:gd
Attach.
S:hUDR~2001 ~PD2001-23 .wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
6940 & 7190 Morrison Road
AM-04/2001
Applicant: First Niagara Development Ltd.
I:NTS
'~ 0 ¥ 0 B ;~ 3 I S 3 H 3 ~ 0 0
Q U EE N EL~ Z AB E'[ H
To:
Re:
PLANNING AND DEVELOPMENT DEPARTMENT
REGIONAL AND PROVINCIAL REVIEW
March 8, 2001
Mr. D. Darbyson, MCIP, RPP
Director of Planning & Development
Planning Department
City of Niagara Falls
COMMENTS
Zoning lay-law Amendment No. 79-200
First Niagara Development
West side of Dorchester Rd. and Morrlson, City of Niagara Falls
Your File No. AM-0412001
Hearing Date:March 19, 2001
File No. M.1t.23
Proposal:
This is e zoning amendment that proposes to permit the maximum gross
leasable floor area of the shopping centre to be increased from 29,730 sq.
metres to 35,416 sq. metres to accommodate the proposed home
improvement warehouse store. The Increase in size does not exceed the
maximum gross floor area of 39,297 sq.metre$ as outlined in the City's
Official Plan.
REGIONAL REVIEW J
Regional Polioy Plan: Urban Area
Regional Public Works: Refer to Public Work~ Comments
Regional Public Health: Not Applicable
Additional Comments: None
PROVINCIAL REVIEW
Based on available Information, this proposal affects/does not appear to affect the interests of the
following Provincial Ministries:
INTERESTS INTEREBTS
AFFECTED NOT AFFECTED
Ministry o( Agriculture, Food & Rural Affairs [~ []
Ministry of Citizenship. Culture & Recreation ~ []
Ministry of Environment ~-~ []
Minislry of Municipal Affairs & Housing [] []
Ministry of Natural Re=ources [] []
Additional Comments:
SUMMARY i II
] Based on our review. Regional Planning Staff have no objection to the approw o! this application.
1 2 2001
] The following are additional comments or conditions of approval: '
Prepared by: .-~..' OEVELOP ENT
Steve Danieisfl:qanner I
Copy to:
Councillor W. Smeaton
Mr. W. Stevens. Regional Pul~lc Works
3550 Schmon Parkway P.O. Box 1042 -- Thorold Ont. L2V 4T?-- Phone (905) 984-3630 FAX (905) 641-5208 I
I
VIA FAX; 905-356-9083
Hr. Doug Darbyson
Director of Planning and Development
City of Niagara Falls
City Hall~ 43[0 Queen Street
Niagara Falls~ Ontario L2.E 6X5
Dear Hr. Darbysoh:
Re;
Proposed zoning By-law Amendment
6940 and 7190 Mordson Street
8th Floor
277 Front Sb'eet West
Toronto, Ontario MSV 2X7
~2 Narch 2001
Your File: AM-04/200!
Our File: TZ-4500-N-04
We have reviewed your letter dated 16 February 2001, regarding the above noted
applicaMon and have the following comment~:
1. The Owner must install and maintain at his own expense, a chain link fence of
minimum 1.83 metre height along the mutual property line,
2, Any proposed alterations to the existing drainage pattern affe~ng Railway property
must receive prior concurrence from the Railway and be substantiated by a
drainage report to ~he satisfaction of the P. ailway.
in addition, rail noise, vibration and safety should be considered in the design of the
development, to the satisfaction of the munidpaliW, Appropriate mitigation measures
should be included in the Zoning By-law Amendment, CN's current guidelines
recommend that the acceptable protective measures for the land use proposed include
the following:
l. A minimum 30 met3'e building setback from the railway right-of-way in conjunction
with an earthen berm, The berm should be 2,5 metres above grade at the property
line, having Side slopes not steeper than 2,5 to 1, adjoining and parallel to the
railway right-of-way with returns at the ends.
2, We recommend that the Owner engage a consultant to undertake an analysis of
noise and vibration and to undertake appropriate measures to mitigate any adverse
effects from noise and/or vibration [hat were idenUfied,
We request receiving notice of the Amendment .being approved.
Should you have any further questions~ please do not hesitate to contact the
undersigned at (4 .[6) 217-6961. _
Development Review Coordinator
RECEIVED
2001
Mary Farr
Farr Lumber Ltd.
4425 First Avenue
Niagara Falls ON
L2E 4G1
March 13,2001
Mayor Wayne Thomson
Niagara Falls City Hall
P.O. Box 1023
4310 Queen Street
Niagara Falls ON
L2E 6X5
Dear Mayor Thomson:
Further to my letter of February 23rd as a Niagara Falls business owner of more
than 20 years, it is my opinion that more analysis needs to be done before the
Planning Department and the City of Niagara Falls allow a "big box" home
improvement warehouse to be built at the Niagara Power Centre. The Economic
Development and Planning Office of Niagara Falls has not initiated an
independent study to determine whether or not the 'home improvement
warehouse's impact on the economy of Niagara Falls will be positive.
In addition, the City of Niagara Falls has not determined the maximum
recommended square footage of home improvement retail space that may be
sustained by the spending population of Niagara Falls. With a current
approximate square footage of 55,000, including Farr Lumber, Turkstra Lumber
and Rona Cashway only, and excluding the two Canadian Tire stores and
Stamford Home Hardware (to name only three), one wonders just how much
more home improvement retail space is sustainable. The average size of a "big
box" retail store is 151,000 square feet, according to the
PricewaterhouseCoopers (PWC) market impact study, which would in essence
approximately equal all the home improvement retail space currently operating in
Niagara Falls. Only one conclusion can be drawn from this fact, closures or
decreased sales of well-established local businesses will occur with the
completion of a new "big box" store.
Furthermore, upon scrutiny, the PWC market impact assessment study results
are completely spurious. The data used is compiled from numerous sources and
time periods and therefore should not be used in correlation to define total home
improvement expenditures. As well, the study contains gross rounding and
approximation errors. For example, the per capita home improvement
expenditure for Niagara Falls (Table B-l) should be $430.882 not $440. The
entire estimated 2000 population for Niagara Falls (79,669) is .used to determine
the total home improvement expenditure without establishing the actual wage
earners from this figure. Thus the $35.1 (million) estimated expenditure on home
improvements in Niagara Falls is inaccurate and over-estimated.
In addition, ignoring the fact that the population and per capita spending are
over-estimated, the actual expenditure for Niagara Falls in 2000 should be,
$35.054 (million), a rounding error of $45,640. Similarly the total home
improvement expenditure figure for Niagara Falls and surrounding area (ignoring
the over-estimation) should be $54.083 (million), a rounding error of $117, 320.
The cumulative effect of these errors creates an inflated rate of home
improvement spending growth for the year 2004. This study is inaccurate and
only serves to satisfy the need of First Niagara Developments Ltd. in supplying
any market study to the City of Niagara Falls, not a credible study.
Before the final decision to allow a "big box" home improvement store to be built
in Niagara Falls, Farr Lumber would welcome the chance to commission our own
market impact study and urges the City of Niagara Falls to do likewise. Before
affecting established Niagara Falls businesses more information needs to be
collected assessing all the consequences of this proposed development. I hope
it is not too late to have my concerns taken into consideration at the Zoning
Amendment Application meeting.
Thank you for your time and consideration.
Sincerely,
Mary Farr
Cc: D. Darbyson
Cc: S. Felicatti
Cc: Niagara Falls City Councillors
Mary Farr
Farr Lumber Ltd.
4425 First Avenue
Niagara Falls ON
L2E 4G1
February 23, 2001
Mayor Wayne Thomson
Niagara Falls City Hall
P,O, Box 1023
4310 Queen Street
Niagara Falls ON
L2E 6X5
RECEIVED
FEB 2 7 2001
~-~NNING
& OEVELOPMENT
Dear Mayor Thomson:
It is my understanding that First Niagara Developments Ltd. (FND) is proposing
to construct a large scale, home improvement centre warehouse at the First
Niagara Power Centre, Morrison Street and Dorchester Road. As the owner
and operator of a local home improvement centre, this proposal directly affects
my future business operations. Arezoning of the proposed site is required and
a Zoning Amendment Application is scheduled for March 19, 2001 to address
this matter.
In preparation, FND commissioned PricewaterhouseCoopers (PWC) to
conduct a Home Improvement Centre Market Impact Assessment. I disagree
with this assessment, as outlined below; furthermore it is my opinion that more
than one study should be conducted before the rezoning of the site and
subsequent construction of another home improvement warehouse in the
Niagara Region.
Firstly, PWC proposes based on their experience, that warehouses compete
most directly amongst themselves. Therefore the Home Depot in St.
Catharines is "the competitor most affected" by the future warehouse. Contrary
to this statement, the PWC. study also states that the development of the
warehouse "will have an effect on the sales level of Farr Lumber". Since the St.
Catharines Home Depot currently affects our sales and customer outflow it is
apparent that the proposed Niagara Falls warehouse will have an even greater
revenue draining effect.
PVVC also suggests that Fart Lumber will have to adjust our product lines to
reduce direct competition with a warehouse. The study also states the average
number of items stocked in a warehouse type store is 55,000. Therefore the
question arises, which products may we stock that are not included in this
55,000?
The suggestion made by PVVC that the competitors of the proposed warehouse
focus on non-competitive products such as small appliances and housewares
implies that Farr Lumber should not stock pressure treated lumber, plywood,
shingles or drywall, all very competitive products. To discontinue stocking
these products would drastically change our current inventory structure and
therefore affect our current customers, forcing them to shop elsewhere for
products we have stocked for the last 21 years.
Lastly, the methodology used by PWC to determine the forecasted growth in
home improvement related stores expenditures by Niagara Falls residents with
reference to the per capita income as an indication that the Niagara Falls
market may sustain and demand an additional warehouse is lacking. The
study does not take into effect inflation, nor does the income expenditure
regression used by PVVC take into effect variables such as mortgage/rent or
automobile payments. Therefore, the projected growth in per capita income
based on increased population, which may be spent on home improvements,
is erroneous and over-inflated.
I disagree with the conclusions of the PWC market impact study, primarily the
'opinion' that the City of Niagara Falls should approve the proposed zoning by-
law to permit a home improvement centre at the First Niagara Development
site. After 21 years in the home improvement industry, my opinion is that too
much competition will result in closures, expected or unexpected. The home
improvement market in Niagara Falls cannot sustain another large competitor
without consequences to smaller competitors. It is my hope that my concerns
will be addressed at the Zoning Amendment Application meeting.
Thank you for your time and consideration.
Sincerely,
Mary Farr
cc: Wendy Canavan
Economic Development Officer
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Doug Darbyson
Director
PD-2001-24
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
March 19, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-24, Zoning By-law Amendment Application
AM-02/2001, Niagara Falls Life Centre Inc.
Agent: Peter Lowe and Cindy Gatenby - Director
4761 Crysler Avenue
Special Residence
RECOMMENDATION:
It is recommended that:
1)
Council approve the zoning by-law amendment application to permit the existing
dwelling, together with a 145 square metre addition thereto, to be used as a residence
for up to 6 people who require temporary shelter and assistance during pregnancy; and
2)
Council pass the amending by-law, included in tonight's agenda, to implement the
application.
THE PROPOSAL:
An amendment is requested for the property at 4761 Crysler Avenue shown on Schedule 1 - Location
Map. A 2 V2 storey dwelling currently exists on the land. The amendment is requested to permit the
existing dwelling, together with an addition, to be used as a residence for up to 6 people who are
experiencing emotional distress and homelessness because of pregnancy. The site layout is shown
on Schedule 2.
THE AMENDMENT:
The property is currently zoned Residential Apartment 5F Density (R5F) in Zoning By-law 79-200.
The requested amendment would define a "Special Residence, Temporary Shelter" and add the use
as a site specific provision to the by-law. In addition, provisions are to be added to establish certain
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems · Legal Planning & Development
March 19, 2001 - 2 - PD-2001-24
requirements to allow a building extension. Initially, a one-storey 56 square metre (600 square foot)
addition was proposed; now the applicant wishes to construct a two storey 145 square metre (1560
square foot) addition consistent with the existing building.
CIRCULATION COMMENTS:
Information concerning the requested amendment was cimulated 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 objections or conditions of approval.
· Parks, Recreation & Culture
No objections.
Fire Department
No objection. Fire Safety concems can be addressed
either through the Change in Use Permit (if required) or
by satisfying the requirements of Section 9.3 of the
Ontario Fire Code.
· Building & By-law Services
The proposal will require a Building Permit for Change
of Use and for the installation of the fire alarm system.
Floor plans will be required to be submitted showing all
signalling devices, fire separations and closures, existing
floor and wall construction, for review in conformance
with Part 10 of the Ontario Building Code.
All required Building Permits and Plumbing Permits to
be obtained prior to commencement of construction and
occupancy.
Regional Public Works
No comments received.
PLANNING REVIEW:
The following is a summary of staffs assessment of the application:
1. The proposal is for a non-profit supportive housing use.
The application has been submitted by the Niagara Falls Life Centre Inc., which owns the
property. The non-profit organization assists women who, because of pregnancy, have lost
their home, lack support and may experience emotional distress caused by the combination
of issues. This is one of the five branches of the Niagara Life Centre (St. Catharines) which
established in 1985. The organization proposes to use the existing dwelling, together with
an addition, to provide temporary shelter for up to 6 women and their children together with
office and support space for the planned facility. The intent is to maintain the residential
appearance and function of the building.
March 19, 2001 - 3 ~ PD-2001-24
The organization employs one full-time director and two part-time caseworkers. The
residence is proposed to be staffed 24 hours a day, seven days a week.
The proposed use is considered to be an appropriate ancillary residential use within the
intent of the City's Official Plan.
The subject land is designated Residential in the City's Official Plan. The land is located in
an area where high-rise apartment buildings may develop because of the proximity to the
City's Central Business District (CBD). Farther, the Residential policies allow a variety of
ancillary uses in residential areas provided they are compatible with the residential
environment and are conveniently and appropriately located.
The proposed residence is similar in function to some of the ancillary uses listed. It is
located in an area where there is already a mix of residential uses including a number of
dwellings converted to apartments, the Momson Street United Church and parking lot and
it is in close proximity to the downtown. The Residential designation would allow apartment
development at greater density than proposed by this use. The proposed use is low intensity,
residential in nature and not expected to have an impact on traffic. It is anticipated that the
use will be compatible with the neighbourhood. Therefore, it can be considered an
appropriate ancillary use which complies with the Official Plan.
The requested zoning will be limited through special provisions in the amending by-
law.
The land is currently zoned Residential Apartment 5F Density (R5F) which would permit the
construction ora 1 O-storey apartment building, if sufficient land was assembled. Moreover,
the current zoning would allow the existing dwelling to be converted into approximately four
apartment units.
The requested use is residential in nature and will be limited to the existing dwelling together
with a 145 square metre (1560 square foot) addition. Residents will be provided a bedroom
and share a common livingroom, dining and kitchen area. The floor area of the addition will
be restricted in the by-law and setback provisions will be implemented to control the location
of the addition. A rear yard setback of 6 metres (19.6 feet) is proposed, whereas the current
zoning would require one-third of the building height or 10 metres (32.8 feet). Since the 10
metre (32.8 feet) setback is established for a 28 metre (92 foot) high building the proposed
setback for this two-storey building appears appropriate.
The number of residents will be limited to 6 persons and their children. This is a density
considered less than might be experienced if the dwelling were converted to apartments. The
length of stay will be limited since it is intended the residence will provide temporary
accommodation during pregnancy and for a short period immediately after birth.
Office space and associated areas will be restricted to the operation of the residence. Parking
for 5 cars are to be provided on site using the existing garage area and the widened driveway.
This should be sufficient to meet the needs of the staff and residents.
PD-2001-24
March 19, 2001 - 4 -
4. The existing character is to be maintained.
The residential appearance of the existing dwelling is intended to be maintained and
enhanced. A number of improvements purportedly proposed for the dwelling will update it
and make it more maintenance free. The addition will be located to the rear of the current
building. The lot is particularly large for the older section of Niagara Falls and capable of
accommodating the changes on site without altering the character of the area. The front yard
area will be retained.
CONCLUSION:
Based on the foregoing, staff recommend the requested amendment to the City's Zoning By-law.
The proposal is within thc purpose and intent of the City's Official Plan. The proposed Special
Residence, Temporary Shelter will be compatabile with the surrounding neighbourhood and should
have no adverse impact on the surrounding land uses. The amending by-law appearing in Council's
agenda tonight will implement the changes.
Prepared by:
Alex Herlovitch
Deputy Director of Planning
& Development
Respectfully submitted:
Chief Administrative Officer
Recommended by:
~oug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
Attach.
S:~PDR~2001 kPD2001-24.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Huron Street
Morrison Street
Amending Zoning By-law No. 79-200
4761 Crysler Avenue
AM-02/2001
Applicant: Niagara Falls Life Centre Inc.
i
SCHEDULE2
SITE LAYOUT
Z
February 23, 2001
Mr. Woody Wagg
City Clerk
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontado L2E 2K9
Dear Mr. Wagg:
Re: Niagara Fails Lif~ Centre
4761 Chrysler Avenue
Niagara Falls, Ontado
An application to amend By-law #79-200 to allow a Special Residence has been made and is to come
before City Council on March 19th.
It was suggested that Niagara Life Centre ask that the By-law change be dealt with at the same time as
the application is on March 19th.
If you need additional information feel free to contact me at (905) 356-9100.
Thanking you in advance,
F. Peter Lowe
Property Tax Consultant
FPL:ce
VZA FAX; 905-356-9083
8~ Floor
277 Front Street West
Toronto, Ontario
MSV 2)(7
12 March 2001
Mr. Doug Darbyson
Director of Planning and Development
ciW of Niagara Fails
City Hall, 4310 queen Street
Niagara Fails, Ontario
L2E 6X5
Your File: AM-02/200!
Our File: 'l-Z-4500-N-04
Dear Mr. Darbyso~:
Re: Proposed Zoning By-law Amendment
4761 Cqf$1er Avenue
We have reviewed your letter dated :[6 February 200~1, regarding the above noted
application and recommend that the Owner engage a consultant to undertake an
analysis of noise and ~o provide appropriate measures/ prior to construction of the
addition, to mlUgate any adverse effects from noise that were Identified.
We request notice of the Amendment being approved,
Should you have any further questions, please do not hesitate to contact the
undersigned at (416) 217-696[,
Yours ~uly,
Development Review Coordinator
RECEIVED
H~q 1 3 2001
,~ .._,~ ,~ '~ING
PLANNING AND DEVELOPMENT DEPARTMENT~
REGIONAL AND PROVINCIAL REVIEW
COMMENTS
Date: March 8. 2001
To:
Re;
Mr, D. Oarbyson, MCIP, RFP,
Director of Planning & Development
Plann;ng Department
City of Niagara Falls
Zoning By-law Amendment No. 79-200
Niagara Falls Life Centre Inc.
West side of Cryaler Ave., North of Morrison St.
City of Niagara Falls
Your File No. AM-02/2OOl
Hearing Date:March 19, 2001
File No. M.11-23
Proposal:
This zoning by-law amendment proposes to permit an existing dwelling
and a 600 square foot addition thereto to be used to accommodate up to 6
people who are experiencing crisis pregnancies. The main floor of the
dwelling is proposed to be used as office space for the non-profit group
operating the residence.
REGIONAL REVIEW
Regional Policy Plan: Urban Area
Regional Public Works: Refer to Public Works Comments
Regional Public Health: Not Applicable
Additional Comments: None
PROVINCIAL REVIEW
Based onavailablein[ormaflon, lhlsproposalaffectsldoeseotappeartoaffeclthe interests o[the
following ProvinclalMinistries:
INTERESTS INTERESTS
AFFECTED NOT AFFECTED
Ministry of Agriculture, Food & Rural Affairs
Ministry of Citizenship, culture & Recreation
Ministry of Environment
Ministry of Municipal Affairs & Housing
Ministry of Natural Resources
Additional Comments:
SUMMARY ' ' ' .....
[] Based on our review, Regional Planning Staff have no objection to the apl rc~l
[] The following are addilional comments or conditions o[ approval: NAP
Steve Daniels, D[a~ner I~
Copy 1o:
3550 Schmon Parkway P.O. Box 1042 -- Thorold Ont. L2V 4T7-- Phone (905) 9a4-3630 PAX (906) 641-S208 ~
THE REGIONAL MUNICIPALITY OF NIAGARA
DATE:
TO:
SUBJECT:
February 27, 2001
Steve Darnels
Planning and Development Department
Public Meeting
Zoning By-law Amendment (AM~02/2001)
Existing Dwelling and Addition
To Permit Housing for Crisis Pregnancies
Applicant: Niagara Falls Life Centre Inc.
4761. Crysler Avenue
City of Niagara Falls
Our File: D.10.000.2 (AM-02/2001)
We have no objection to the rezoning in order to permit an existing 21A-storey dwelling and
600 square foot addition to house the Niagara Falls Life Centre's crisis pregnancies program.
gVilii~m Ii 'S~6~ns, CJt~.T.
Supervisor Development Approvals
DR/cm
L:\£ngine~ring-Planning-and-D~vclopmcnt\Rusnak-Dave\Niagara Falls~3412.s.dani¢ls.memo.doc
c: Ken Mech, Planning Department, City of Niagara Falls
Niagara Falls lJ~l~
Can~~
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 planning@city.niagarafalls.on.ca
March 19, 2001
Doug Darbyeon
Director
PD-2001-25
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-25, Public Meeting
Wiens Estates Draft Plan of Subdivision
File: 26T-11-2001-01
Owner: Sarah Wiens
RECOMMENDATION:
It is recommended that Council consider input received at the Public Meeting and refer all
matters to staff for the review of the Wiens Estates Draft Plan of Subdivision.
BACKGROUND:
The purpose of this Public Meeting is to receive information and provide an opportunity for the
public to comment on the proposed subdivision. The Planning & Development Department will
consider all comments received from the public, Region, agencies and City departments and prepare
a recommendation report to Council at a future meeting. There is to be no decision made at the
meeting held tonight. Notice of the Public Meeting was given in accordance with the requirements
of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an
overview of the subdivision proposal and answer any questions.
PROPOSAL:
The applicant proposes to subdivide a 1.609 hectare (3.976 acre) site into 19 single-detached lots.
The property is bounded by McMicking Street, St. Patrick Avenue, Brock Street and St. George
Avenue (see location map). The proposed lots would have direct access to the existing municipal
roadways. The City's Official Plan designates the property Residential which permits a variety of
housing types. The site is zoned R1C (Residential Single Family) through Zoning By-law 79-200
which would permit the proposed plan.
Working Together to Serve Our Community
Clerk's Finance · Human Resources Information Systems Legal Planning & Development
PD-2001-25
March 19, 2001 - 2 ~
CONCLUSION:
The Public Meeting is an important part of the consultation and input process in the review of
development applications. This meeting satisfies the requirements of the Planning Act. Comments
received will be considered in preparing the recommendation report on the proposed subdivision.
Prepared by:
Richard Wilson
Planner 2
Respectfully submitted:
Chief Administrative Officer
Recommended by:
,r Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:tc
Attach.
FILE: S:~PDR~2001 ~PD2001-25.wpd
Proposed Plan of Subdivision
Wiens Estates
26T-11-2001-01
Location Map
Street
Subject Land
F////////~
The Cily of
Niogoro FOils
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: planning@city,niagarafalls.on,ca
Doug Darbyson
Director
PD-200'1-26
March 19, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-26, Official Plan Amendment No. 29
6700 Oakes Drive
Embassy Suites Hotel
RECOMMENDATION:
It is recommended that Council repeal By-law No. 2000-104 which adopted Official Plan Amendment
No. 29 and that the Regional Municipality of Niagara be advised as such and not to proceed with
approval of the amendment.
BACKGROUND:
On May 29, 2001, Council passed By-law No. 2000-104 which adopted Official Plan Amendment No. 29
(OPA #29). OPA #29 allowed for the development of the Embassy Suites Hotel to a height of 32 storeys.
Subsequent to adoption, the developer revised the plans and reduced the height of the hotel to 30 storeys,
which complies with the Official Plan, as a result of negotiations with the Niagara Parks Commission.
Because of this, OPA #29 is not necessary and it is recommended that the by-law be repealed. The by-law
to rescind By-law No. 2001-104 is on Council's agenda for approval.
It is further recommended that Regional Niagara be advised not to proceed with approval of the Official
Plan ameTent.
~sley
Respectfully submitted:
Chief Administrative Officer
Recommended by:
L~,$Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
JB:tc Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems · Legal
S 5PDR~2001XPD2001-26.wpd
Planning & Development
The City of
Niagara Falls I1~.
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Faits, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-matt: planning@city.niagarafalts.on,ca
March 19, 2001
Doug Darbyson
Director
PD-2001-27
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-27, Request for Extension to Draft Plan Approval
West Meadow (Plan 2), 26T-11-9702
Owner: Wedgewood Builders of Niagara Ltd.
RECOMMENDATION:
It is recommended that Council support a one-year extension to draft plan approval for the West
Meadow (Plan 2) Plan of Subdivision, conditional on the apphcant maintaining the appropriate
subdivision sign on the property for public information purposes.
BACKGROUND:
Conditions of the original draft plan approval for this subdivision indicate that final approval must be
obtained within three years or the draft approval will lapse. Before the initial approval period passes,
an extension to draft plan approval may be granted provided that a written request is received from the
applicant which sets out the reasons for the delay and the steps being taken to resolve the required
conditions of approval.
In order to ensure that draft plans are not automatically extended without consideration being given
to current Council policy, planning principles and contemporary requirements, requests for extensions
of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions
associated with the delegation of subdivision approval authority, the concurrence of the Region is
required before an extension can be granted.
PLANNING REVIEW:
In a letter dated January 5,2001, the developer submitted a request for an extension to draft approval
of the West Meadow (Plan 2) Plan of Subdivision (see attached letter and location map). Original
draft approval for the Plan was received bom the City on December 30, 1997. A temporary extension
was granted by staff as the 3 year anniversary of the formal approval date has passed and to allow a
review of the request.
Working Together to Serve Our Community
March 19, 2001 - 2 - PD-2001-27
The subdivision conforms to the City's Official Plan and the land is zoned appropriately. The plan
consists of 11 single-detached lots on a cul-de-sac roadway. There are no additional expenditures
required on the part of the municipality for external or internal servicing or oversizing. The Region
has no objection to the extension of draft approval for a one-year period. The developer has indicated
that they are not ready to proceed with the subdivision at this time.
The final registration of this subdivision plan, as well as others in the City, may potentially be delayed
due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have a
development strategy in place that permits development to proceed City-wide on the basis that the
City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation
program has been suspended which affects this City/MOE development strategy. Therefore, all
developments must be reviewed individually to determine their impact on localized sewage overflows
or basement flooding.
CONCLUSION:
Based on this review, a further one-year extension (until December 30, 2001) to draft plan approval
can be supported, conditional on the subdivision sign being maintained for public information
purposes.
Prepared by:
Richard Wilson
Planner 2
Respectfully submitted:
Edward P. Lustig ~'
Chief Administrative Officer
Recommended by:
~t/Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:am
Attach.
FILE: S:~PDR~2001 ~PD2001-27.wpd
H O M E S
4310 Queen St.
Niagara Falls, Ontario
Planning and Dcwolopment
January 5, 2001.
Dear Sir:
Further to your letter dated December 29, 2000 we wish to formally apply for a 1 year e~te~tion of draft
plan approval for West Meadow (Plan 2) 26T-11-9702 a.s we are not ready to proc~xl at this time.
Yours sincerely,
Donna Walters
Per: Wedgewood Builders of Niagara Limited
8053 Post Road
Niagara Falls, Ontario
L2H 2L2
(905) 356-2820
Draft Plan of Subdivision
West Meadow (Plan 2)
26T-11-9702
Location Map
Subject Land
l:lqTS
$ :~%bdivil~ ~'~¥~ ~t. lm Mat~ 2001
Corporate Services Department
Planning & Development Department
4310 Queen Stre ,et
P,O. Box 1023 ~
Niagara Falls, O!~ L2E 6X5
web site:www,ci~,niagarafalls,on.ca
Tel: (905) 3~6-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2001-28
March 19, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-28, Request for Extension to Draft Plan Approval
Parkway Acres, 26T-87010
Owners: Radojcic/Radulovich
RECOMMENDATION:
It is recommended that Council support a one-year extension to draft plan approval for the
Parkway Acres Plan of Subdivision, conditional on the applicant maintaining the appropriate
subdivision sign on the property for public information purposes.
BACKGROUND:
Conditions of the original draft plan approval for this subdivision indicate that final approval must
be obtained within two years or the draft approval will lapse. Before the initial approval period
passes, a one-year extension to draft plan approval may be granted provided that a written request
is received from the applicant which sets out the reasons for the delay and the steps being taken to
resolve the required conditions of approval.
In order to ensure that draft plans are not automatically extended without consideration being given
to current Council policy, planning principles and contemporary requirements, requests for
extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the
conditions associated with the delegation of subdivision approval authority, the concurrence of the
Region is required before an extension can be granted.
PLANNING REVIEW:
In a letter dated January 18, 2001, Mr. George Radojcic submitted a request for an extension to draft
approval of the Parkway Acres Plan of Subdivision (see attached letter and location map). Original
draft approval for the Plan was received from the Region on January 26, 1988. Numerous extensions
have previously been granted. A temporary extension was granted by staffas the anniversary of the
formal approval date has passed and to allow a review of the request.
Working Together to Serve Our Community
March 19, 2001 - 2 - PD-2001-28
The subject land is located outside of the Urban Area Boundary and is designated Parkway
Residential in the City's Official Plan. The subdivision conforms to the policies of the Plan. There
are no municipal services in the area and none are to be provided. The Region has no objection to
the extension of draft approval for a one-year period. The applicant has requested the extension as
land conveyances have yet to be made and due to market conditions.
CONCLUSION:
Based on this review, a further one-year extension (until January 26, 2002) to draft plan approval can
be supported, conditional on the subdivision sign being maintained for public information purposes.
Prepared by:
Richard Wilson
Planner 2
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
~Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:am
Attach.
FILE: S 5PDRk2001 kPD2001-28.mpd
GEORGE RADOJCIC
BARRISTER & SOLICITOR
NOTARY PUBLIC
P.O. BOX 925
.4672. O_UEF, J~,$TBEE]' ........ ~.-,. ~: ~, ,'-, ;~, ~r~, ~--.~,,~,~,~,,'~'-7.
-NIAGARA FA~S ON~IQ~ ~E ~8 .... . ..... ~.~;~ ,~ ~
January 18, 2C01
City of Niagara Falls
Planning Department
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention: R. Wilson
Dear Sirs:
Re:
Parkway Acres Subdivision
Ni.agara River Parkway
File' NO. 26T-87010
I~ am hereby requesting a further eXtension of the time for
registration of this subdivision.
as follows:
The reasons for the request are
(1) the subdivision agreement, in accordance with the conditions
of the Draft Plan approval, must be drafted and executed;
(2) conveyances of the land, in accordance with the;conditions of
the Draft Plan approval must be made; and
(3) the continued downturn in the economy has af{ected the
applicant's ability to complete the registration in the
allotted ~ime.
Please find enclosed our trust :qheque payable to the city of
Niagara Falls in the amount of $500.00, being'the fee payable with
respec~ to the requested exn~nsion.
ThaRk you for your assistance in this matter. If you have any
questions or ~equire any further ~info~mation, please do not
hesitate'to contac~ my office.
Yours very truly,~
George Radojcic ~/
c~c. E. C~lley
Planni~3q Department,
Kcsta RadulovJch
Regional Municipality
RECEIVED
FEB 0 ?, 2001
PI. NNING
Draft Plan of Subdivision
Parkway Acres
26T - 87010
LOCATION MAP
Subject Land
Community Services Department
Building and By-law Services
4310 Queen Street
Niagara Fails, Ontario
L2E 6X5
Tel: (905) 356-7521
Fax: (905) 374-7500
E-mail: melb@city.niagarafalls.on.ca
BBS-2001-06
Mel Brown,
Director
March 19, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
BBS-2001-06
Mount Carmel Park Association
Request for Sign Variance, Mount Carmel Park
RECOMMENDATION:
That Council approve the request from the Mount Carmel Park Association to place a portable sign
on municipal property, at Mount Carmel Park.
BACKGROUND:
Staff have received a request from the Mount Carmel Park Association to place a portable sign on
municipal property at Mount Cannel Park. The Mount Carmel Park Association works closely with
the Parks and Recreation Department, and provides and funds activities in the Mount Carmel P~rk
for the local residents. Parks and Recreation staffare favourable to this proposal, and Building and
By-Law Services are willing to waive any sign permit fees that may apply.
In addition, the Mount Carmel Park Association would be required to enter into a license agreement
with the Corporation to allow the placement of this sign on municipal property. The Legal
Department is willing to waive any fees associated with this agreement.
"' ,,~)~ Wheeler
~X,lanager of By-law Enforcement
· Director o f Building ~w Services
attach.
t~proved by: f
/'/John MacDonald
(./ Executive Director of Community Services·
Respectfully Submitted:
Edward p. Lu~/'d~27~ ~2
Chief Administrative Officer
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services
Mount Association
Februa~ ~7, 2001
Mayor Wayne Thomson & City Council
City Hall
4310 Queen St.
Niagara Falls, Ontario
L:~E6X5
Dear Mayor Thomson:
Re: Portable Sign - Mount Carmel Park
Mt. Carmel Park Association
I am writing to request the city's permission in allowing our association to place an 8' x 4'
portable sign on the park property, This sign is used in the summer months to advise the
neighborhood of up-coming kid's programs and events. We also have use of this sign in
January to advise of our Valentine Dinner Dance held in February. The sign has always
been placed in the northend of the park, just west of the flowerbed and park sign(see
drying a#ached.)
Our request would be to allow our association to place this sign when required throughout
the year, due to the fact our association is looking into e~xpanding park events - ie Easter
Egg Hunt, Winter Festival, etc.
Yours truly,
Mount Carmel Park Association
President
~.NROIN
LU
The
Niagara Fails
Community Services Department
Building and By-law Services
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Tel: (905) 356-7521
Fax: (905) 374-7500
E-mail: melb@city.niagarafalls.on.ca
March 19, 2001
BBS-2001-07
Mci Brown,
Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re;
BBS-2001-07
Set Fines & Short Form Wording
Body Rub Parlour By-Law
RECOMMENDATION:
To be received for the information of Council.
· BACKGROUND:
The following set fines and short form wordings as set out on the attached appendices are required
to be forwarded to the Regional Senior Justice of the Ontario Court of Justice for the Province of
Ontario.
In order for By-Law Enforcement staff to more efficiently enforce certain by-laws by "writing
tickets" to the offending party "on the spot", it is necessary that the Regional Senior Justice for the
Province approve the set fines and short wordings for various offences.
The suggested fines are shown on the attached appendices along with the short form wordings.
//Manager of By-law Enforcement
i ~]~mved by: /9
eden
Executive Director of Community Services.
~'~ //)4IelBrown . (, ._ _
~/Director of Building and By-Law Services
attach.
Respectfully Submitted:
Chief Administrative Officer
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture * Business Development · Building & By-law Serv/ces
0 0 0 0
0 0 0 0
Niagara Falls
Community Services Department
Building and By-law Services
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Tel.: (905) 356-7521
Fax: (905) 374-7500
E-maih melb@city.niagarafalls.on.ca
BBS-2001- 08
Mel Brown,
Director
March 19, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
BBS-2001-08
Consolidated Building Permit By-law
RECOMMENDATION:
That Council approves the consolidated Building Pen-nit By-law, attached hereto.
BACKGROUND:
The current Building Permit By-law No. 94-42, which sets out the requirements for permits,
inspections and fees, was passed in 1994. Since that time, there have been six amendments to that
By-law and as a result it is becoming fragmented and unwieldy. Accordingly, all the amendments
have been consolidated and incorporated into the attached by-law.
Approved by:
John MacDonald
Executive Director of Community Services
Respectfully Submitted:
Ed~ L~/~ -~
Chief Administrative Officer
Attach.
Working Together to Serve Our Community
Municipal Works. Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services
CITY OF NIAGARA FALLS
By-Law No. 2001-
being a by-law respecting inspections and permits for construction, demolition and change of use.
WHEREAS Section 7 of the Building Code Act 1992 S.O. 1992 c.23 states that the Council of a
municipality may pass a by-law respecting inspections and permits for construction, demolition and
change in use, payment and refund of fees, transfer of permits, forms and other related matters.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
DEFINITIONS
1. In this,
"Act" means the Building Code Act, 1992, as amended;
"applicant" means the owner of a building or property who applies for a permit or any person
authorized by the owner to apply for a permit on the owner's behalf or any person or
corporation empowered by statute to cause the demolition of a building or buildings and
anyone acting under the authorization of such person or corporation;
"Building Code" means the regulations made pursuant to Section 34 of the Act and
amendments thereto;
"Chief Building Official" means the Chief Building Official appointed by the Corporation
of the City of Niagara Falls;
"Mtmicipality" means the Corporation of the City of Niagara Falls;
"owner" means the registered owner of the land and includes a lessee, mortgagee in
possession, and the person in charge of the property;
"permit" means written permission or written authorization from the Chief Braiding O fficlal
to perform work, to change the use ora building or to occupy a building or part thereof, as
regulated by the Act and the Building Code;
"p. ermit holder" means the person to whom the permit has been issued and who assumes the
primary responsibility for complying with the Act and the Building Code;
"sewage system" means a sewage system defined in Section 1.1.3.2 of the Building Code and
regulated by Part 8 of the said Code;
PERMITS
2.
-2-
Classes of permits with respect to the construction, demolition and change in use of a
building, together with permit fees, are as set out in Schedule "A".
An applicant for a permit shall file an application in writing on forms prescribed by and
available from the Chief Building Official, and shall supply any other information relating
to the application as required by the Chief Building Official.
Every application for a permit shall:
(a) identify and describe in detail the work, use, and occupancy to be covered by the
permit for which application is made;
(b)
(c)
(d)
(e)
(f)
(g)
describe the land on which the work is to be done, by a description that will readily
identify and locate the site on which the construction or demolition or change in use
is to occur;
be accompanied by plans, specifications, documents and other information required
by this By-law;
state the valuation and extent of the proposed work and be accompanied by a deposit
equal to the Chief Building Official's preliminary estimate of the fee as determined
from Schedule "A";
state the names, addresses and telephone and facsimile numbers of the owner,
architect or engineer, where applicable, or other designer or constructor, or person
hired to carry out demolition as the case may be;
be accompanied by a written acknowledgement of the owner, in the form prescribed
by the Chief Building Official, that the owner has retained an architect or
professional engineer to carry out the field review of the construction or demolition
where required by Section 2.3 of the Building Code;
where section 2.3 of the Building Code applies, be accompanied by a signed
statement of the architect and professional engineers retained by the owner
undertaking to provide a general review of the construction or demolition of the
building, in the form prescribed by the Chief Building Official;
where section 2.3 of the Building Code applies, be accompanied by a building
analysis form, in the form prescribed by the Chief Building Official;
-3-
(i)
be signed by the applicant who shall certify the truth of the contents of the
application;
(i)
include, where applicable, the registration of the builder or vendor as provided in the
New Home Warranties Plan Act;
(k)
contain such other information relating to the application as the Chief Building
Official may require.
Where application is made for a demolition permit under subsection 8 (1) of the Act, the
application shall:
(a) contain the information required by section 4;
(b)
indicate that arrangements have been made with the proper authorities for the
disconnection and plugging up of all water, sewer, gas, electric, telephone or other
utilities and services;
(c)
where section 2.3 of the Building Code applies, be accompanied by the structural
design characteristics of the building and method and time schedule of demolition;
(d) contain such other information as the Chief Building Official may require.
Where application is made for a conditional permit under subsection 8 (3) of the Act, the
application shall:
(a) contain the information required by section 4;
(b)
contain such other information, plans and specifications concerning the complete
project as the Chief Building Official may require;
(c)
state the reasons why the applicant believes that unreasonable delays in construction
would occur if a conditional permit is not granted;
(d)
state the necessary approvals which must be obtained in respect of the proposed
building and the time in which such approvals will be obtained; and
(e)
state the time in which plans and specifications of the complete building will be filed
with the Chief Building Official.
Where application is made for a change of use permit under subsection 10 (1) of the Act, the
application shall:
-4-
(a) contain the information required by section 4;
(b)
describe the building in which the occupancy is to be changed, by a description that
will readily identify and locate the building;
(c)
identify and describe in detail the current and proposed occupancies of the building
or part ora building for which the application is made;
(d)
include plans and specifications which show the current and proposed occupancy of
all parts of the building and which contain sufficient information to establish
compliance with the requirements of the Building Code, including: floor plans;
details of wall, ceiling and roof assemblies identifying required fire resistance ratings
and load bearing capacities.
After the issuance of a permit under the Act, notice of any material change to a plan,
specification, document or other information on the basis of which a permit was issued shall
be given in writing to the Chief Building Official together with the details of such change,
and no such change is to be made without the written authorization of the Chief Building
Official.
PLANS, DOCUMENTS, SPECIFICATIONS AND INFORMATION
9. (1)
Every person applying for a permit shall submit sufficient information with each
application for a permit to enable the Chief Building Official to determine whether
or not the proposed construction, demolition or change in use will conform with the
Act, the Building Code and any other applicable law.
(2) Any application, which is incomplete, will not be accepted.
(3)
The Chief Building Official may also require additional information to be submitted,
at any time, prior to completion of the work for which the permit was issued.
(4)
Each application shall, unless otherwise specified by the Chief Building Official, be
accompanied by three complete sets of the plans, specifications and the information
required by this By-law.
10.
Plans shall be drawn to scale on paper, cloth or other durable material, or submitted in an
electronic format acceptable to the Chief Building Official, and shall be legible and, without
limiting the generality of the foregoing, shall include such working drawings as set out in
Schedule "B" unless otherwise specified by the Chief Building Official.
11.
Plot plans shall be referenced to a current survey, prepared by a registered Ontario Land
Surveyor, unless waived by the Chief Building Official, and when required to demonstrate
-5-
compliance with the Act, the Building Code or other applicable law, a copy of the survey
shall be submitted to the Chief Building Official.
12. Plot plans shall show:
(a)
lot size and the dimensions of property lines with set backs of the proposed building,
from lot lines and any existing building or structure;
(b) such other features, which may affect the construction or demolition;
(c)
direction of surface drainage and existing and proposed ground elevations, when
required by the Chief Building Official;
(d)
where the lot is in a registered plan of subdivision, lot grading and drainage
information required by the subdivision agreement in accordance with the
development standards of the Municipality;
(e) existing rights-of-way, easements, municipal and utility services.
13.
Plans and specifications furnished pursuant to this By-law or otherwise required by the Act,
shall become the property of the Municipality and will be retained, or disposed of, in
accordance with relevant legislation.
14.
Where an application for a permit or for authorization to make a material change to a plan,
specification, document or other information on the basis of which a permit was issued,
contains an equivalent material, system or building design for which authorization under
section 9 of the Act is requested, the following information shall be provided:
(a)
a description of the proposed material, system or building design for which
authorization under section 9 of the Act is requested;
(b) any applicable provisions of the Building Code; and
(c)
evidence that the proposed material, system or building design will provide the level
of performance required by the Building Code.
PERMIT FOR PART OF A BUILDING
15.
When, in order to expedite work, approval of part or parts of a building is required then the
following information shall be provided:
(a) the information required by section 4; and
16.
FEES
17.
18.
19.
-6-
(b)
plans and specifications covering the part of the work for which more expeditious
approval is desired together with such information pertaining to the remainder of the
work as may be required by the Chief Building Official.
The Chief Building Official shall not, by reason of the issuance of a permit or permits for
part or parts of a building, be under any obligation to grant any further permit, or permits,
therefor.
(1)
Fees for a permit shall be set out in Schedule "A" to this By-law and are due and
payable prior to issuance of a permit.
(2)
Other fees, including, but not limited to, development charges, park dedication and
deposits are also payable prior to permit issuance.
Where the fees payable in respect of an application for a building permit issued under
subsection 8 (1) of the Act or a conditional permit issued under subsection 8 (3) of the Act
or a change of use permit issued under subsection 10 (1) of the Act are based on the cost of
valuation of the proposed work, the cost of valuation shall mean the total cost of all work
regulated by the permit including the cost of all material, labour, equipment, overhead and
professional and related services.
(1)
Where the permit fee is based on valuation, the Chief Building Official shall place
a valuation on the cost of work and if the permit applicant or holder disagrees with
this valuation, the prescribed fee shall nevertheless be paid before the issuance of the
permit.
(2)
Upon completion of the work, if the permit applicant or holder claims that the actual
cost of the work was less than the valuation placed by the Chief Building Official,
in accordance with subsection (1), the permit applicant or holder may submit an
audited statement to the Chief Building Official, detailing the cost of all component
parts of the work.
(3)
Upon receiving the audited statement, the Chief Building Official may obtain, in his
sole discretion, another audited statement detailing the cost of all component parts
of the work.
(4)
The Chief Building Official shall, if the audited statement referred to in subsection
(2), contains the cost of all component parts of the work upon which the valuation
was required to be based, value the work in accordance with the said statement and
if the actual cost is found to be less than the original valuation placed by the Chief
Building Official, then the Chief Building Official shall authorize the appropriate
refund.
-7-
20.
In case of withdrawal of an application or the abandonment of all or a portion of the work
or the non-commencement of any project, the Chief Building Official shall determine the
amount of paid permit fees that may be returned to the applicant, if any, in accordance with
Schedule "C".
NOTIFICATION
21.
The permit holder shall notify the Chief Building Official at least two business days prior to
each stage of construction when advance notice is required by Section 2.4.5 of the Building
Code.
FIRE SAFETY MATTERS
22.
.The Chief of the Fire Department, as an inspector, shall be responsible for fire safety matters
in accordance with section 2.4.4 of the Building Code, namely:
(a) fire alarm systems;
(b) fire detection systems;
(c) voice communication systems;
(d) sprinkler systems;
(e) portable fire extinguishers;
(f) standpipe and hose systems; and
(g)
exhaust ventilation and fire protection systems of cooking equipment in restaurants
and other commercial cooking equipment.
AS CONSTRUCTED PLANS
23.
The Chief Building Official may require that a set of plans of a building or any class of
buildings, as constructed, be filed with the Chief Building Official on completion of
construction under such conditions as may be prescribed in the Building Code.
PERMIT TRANSFER, REVOCATION OR DEFERRAL OF REVOCATION
24.
If the ownership of land, for which a permit has been issued, changes prior to
commencement or completion of constmctiom then the permit will be deemed to have
lapsed, but may be transferred to the new owner ~vithin six months, upon written application
~n accordance with section 4 provided that the following conditions are met:
-8-
(a) the new owner assumes responsibility for all of the work covered by the permit;
(b)
(c)
the new owner submits, where applicable, the registration of the builder or vendor
as provided in the New Home Warranties Plan Act;
the new owner submits proof of retention of design professionals, as required by
section 2.3 of the Building Code, where appropriate; and
(d)
the new owner provides any other information or documentation which is deemed
necessary by the Chief Building Official.
REVOCATION
25.
Prior to revocation of a permit in accordance with clauses 8 (10) (b) and (c) of the
Act, the Chief Building Official shall give written notice of intention to revoke, to the
permit holder at his, or her, last known address and, if on the expiration of thirty days
from the date of such notice, the ground for revocation continues to exist, the permit
may be revoked without further notice.
(2)
A permit may be revoked immediately ifa cheque, in payment of any applicable fee
or charge, is not honoured by the financial institution upon which it is drawn.
(3)
Upon revocation of a permit, all submitted plans and other information may be
disposed of, retained or returned to the permit holder, at the sole discretion of the
Chief Building Official.
(4)
The Permit Holder may request the deferral of revocation and shall set out, in
writing, the reasons why the permit should not be revoked and the date by which the
work will be commenced or resumed.
(5)
The Chief Building Official shall consider the circumstances of the request referred
to in subsection (4) and, having determined that there have been no changes to the
Act or Building Code and any other applicable law which would have prevented the
issuance of the original permit, the Chief Building Official may upon payment of the
prescribed fee allow a deferral to a later date and shall notify to the permit holder,
accordingly.
(6)
Such deferral, to a maximum of six months, will be granted not more than one time
for each permit.
SEVERABILITY
26.
Ifa court of competent jurisdiction should declare any section of this By-law or part thereof,
or any provision in the Schedules to be invalid, such section, part or provision in the
-9-
Schedules shall not be construed as having influenced Council to pass the remainder of the
By-law or the provision in the Schedules, and it is hereby declared that the impugned section
or provision in the Schedules shall be severable and distinct from the remainder of this By-
law or Schedules and the remainder of the By-law or Schedules shall be valid and shall
remain in rome.
UNDEFINED TERMS
27.
Terms not defined in this By-law shall have the meaning ascribed to them in the Act or the
Building Code and grammatical variations of any terms defined in this By-law shall have
similar meanings to such defined terms.
REPEAL OF FORMER BY-LAWS
28. By-laws No. 94-42, 97-221, 98-56 and 98-132 are repealed.
SCHEDULES
29. Schedules "A", "B" and "C" form part of this By-law.
ENACTMENT
30. The short title of this By-law is the Building Permit By-law.
Passed this
day of ,2001.
E.C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading: ,2001
Second Reading: ,2001
Third Reading: ,2001
CLASS OF PERMIT
-10-
SCHEDULE "A"
Group A - Assembly
a) School, Church, Restaurant over 30 seats,
Library, Theatre, Educational or
Recreational Facility and occupancies
of a similar nature, listed in Section 3.1.2
of the Building Code.
b) Casino
Group B - Institutional
Hospital, Nursing Home, Reformatory,
Prison and occupancies of a similar
nature, listed in Section 3.1.2 of the
Building Code.
Group C - Residential
a) Basic minimum house - less than
1000 sq. fi, no garage
(b Average quality house - under
3000 sq. ft., with garage
c) Superior quality house - over
3000 sq. ft., with garage
d) Townhouse - without garage - with garage
e) Add for finished basement in any
of the above
f) Apamnent Building (low rise)
g) Apartment Building (high rise)
h) Hotel - 2 storeys or less, motel
SERVICE INDEX
$/sq.ft $/sq.m
$1.063 $11.44
$1.720 $18.51
$1.063 $11.44
$0.630 $6.78
$0.707 $7.61
$0.836 $9.00
$0.593 $6.38
$0.657 $7.07
$0.202 $2.18
$0.532 $5.72
$0.643 $6.92
$0.792 $8.52
CLASS OF PERMIT
-11-
il) Hotel - over 2 stories
Group D - Business & Personal Services
a) Office building, medical building, financial
institution and similar occupancies, listed in Section
3.1.2 of the Building Code.
Grou E - Mercantile
a) Retail Store (Low Rise), strip plaza, restaurant with 30
seats or less, and similar occupancies, listed in Section 3.1.2
of the Building Code.
b) Add for offices or apartments over the above
c) Supermarket, department store and occupancies
of a similar nature, listed in Section 3.1.2 of the
Building Code.
d) Add for basement to any of the above mercantile uses
Grou F - Industrial
a) Factory, plant, warehouse, industrial building and
occupancies ora similar nature, listed in Section 3.1.2
of the Building Code:
(i) Less than 50,000 sq. ft.
Shell and exterior cladding only
(ii) 50,000 sq. ft. or greater
Shell and exterior cladding only
Offices in industrial building
b)
SERVICE INDEX
$/sq.f~ $/sq.m
$1.063 $11.44
$1.063 $11.44
$0.865 $9.31
$0.496 $5.34
$0.750 $8.08
$0.298 $3.21
$0.421 $4.53
$0.281 $3.O2
$0.340 $3.66
$0.234 $2.52
$0.792 $8.52
CLASS OF PERMIT
- 12-
Other Permits
a) Service station, car wash
b) Air-supported structure, tent - (i) Under 250 sq. m.
(ii) 250 sq. m. or more
c) Parking garage
SERVICE INDEX
$/sq.ft $/sq.m
d) Accessory storage building, farm building, greenhouse
e) Conversion of the interior of an existing building to a Casino
f) Change of use - (i) Less than 4300 sq.ft (400 sq.m)
(ii) 4300 sq. ft (400 sq. m), or more
g) Foundation only
h) Structural shell (frame) and foundation
j) Architectural shell and foundation (see Note 6.)
k) Demolition of a building or structure
1) Gasoline or fuel pump
m) Gasoline or oil storage tank
o) Miscellaneous Residential:
(i) Addition to existing dwelling $0.711 $7.66
(ii) Garage $0.229 $2.47
(iii) Accessory building, closed porch, solarium $0.202 $2.18
(iv) Finishing basement $0.202 $2.18
(v) Carport, open porch, deck Flat fee $75.00
(vi) Mobile Home (CSA. certified) - foundation extra. Flat fee $100.00
(vii) Mobile Home (Uncertified) - including foundation $0.387 $4.17
(viii) Mobile Home foundation Plus $0.111 $1.19
$0.721 $7.76
Flat fee $75.00 (See Note 4)
$0.084 $0.90
$0.302 $3.25
$0.212 $2.28
$0.861 $9.27
Flat fee $ 75.00
Flat fee $140.00
10% of full permit fee
50% of full permit fee
67% of full permit fee
$0.016 $0.18
$68.00 for each pump
$68.00 for each tank
-13-
8. Plumbing, Drains & Sewers
PERMIT FEE
a) Plumbing in a single family dwelling,
motel or hotel.
$65.00 for all plumbing
installations, including
up to seven fixtures, plus
$4.00 for each
additional fixture.
b) Plumbing in a semi-detached, duplex
triplex and other multi-family dwelling
or apartment building.
$65.00 for all plumbing
installations, of up to
seven fixtures, in each
unit, plus $4.00 for each
additional fixture
c) Plumbing in any building or structure not
described 8a) or 8b) above.
$65.00 for all plumbing
installations, of up to
seven fixtures, in each
unit, plus $4.00 for each
additional fixture
d) Water service pipe
$20.00 per run.
e) Building drain, building sewer, building
storm drain, building storm sewer,
private sewer, private drain.
$65.00 for the initial 150
feet of pipe, or portion
thereof, plus $15.00 for
each additional 50 feet
of pipe
(f) Manhole, catchbasin, rain water leader, area drain.
$4.00 each
For the purpose of this By-law, a fixture shall be deemed to be a fixture as defined in Part 7 of the
Building Code and shall also include a vent stack, floor drain, hot water tank, appliance, grease, oil
or grit interceptor and sewage ejector.
9. Minimum fees
Minimum fee for a permit classified in Sections 1 to 7, inclusive, in this Schedule is $75.00.
Minimum fee for a permit classified in Section 8 in this Schedule is $65.00.
10. Miscellaneous fees
(a) Transfer of permit to new owner
10% of original fee,
min. $75.00
-14-
PERMIT FEE
b) Extension of revocation date of permit
Flat fee $80.00
c) Conditional Permit Agreement - (i) Registered on Title
$250.00 min.**
(ii) Unregistered
$110.00 min.**
** The fee for a Conditional Permit Agreement (CPA) shall be based on the full permit fee. Where
the permit fee is $2,000 or less, the CPA fee shall be 10% of the permit fee with a minimum of
$110.00. Where the CPA fee is more than $2,000 the CPA'shall be 20% of the full permit fee
and in the event that the CPA is complied with, in full by the due date, then 50% of the CPA fee
will be refunded upon completion.
11. Unclassified Construction
For categories of construction not listed herein the permit fee shall be $70.00 for the initial
$5000.00 of valuated cost, or portion thereof, plus $10.00 for each additional $1000.00 of
valuated cost, or portion thereof, with a minimtun fee of $75.00.
12. Special Inspections
(a) Authorization of Occupancy of an Unfinished Building - The fee shall be $60.00 per hour of
inspection time during regular business hours and $82.00 per hour of inspection time at any
other time with a minimum fee of $240.00 on weekends or holidays.
(b) Non-routine Inspection (refer to Note 5, below) - the fee shall be $60.00 flat fee.
(c) Requested Inspection outside of Regular Business Hours - The fee shall be $90.00 per hour
of inspection time with a minimum fee of $240.00 on weekends or holidays.
13. Sewage Disposal Systems
(1) Installation of Sewage System
Fee
(a) Less than 10,000 litres per day including major repair
(b) Less than I0,000 litres per day involving minor repair
$500.00
$250.00
(2) Land Severance & Niagara Escarpment Commission Applications
(a) Each parcel severed $175.00
(b) Each parcel retained $175.00
-15-
(3) Subdivision & Condominium Applications
(a) Each lot or unit
$175.00
NOTE: The above fees apply only to those lots serviced by private sewage systems.
(4) Special requests
(a)
For preliminary site inspections related to proposed lot
development, where no other application has been made.
NOTE: Standard application fees will be reduced by
this amount if made within one year.
$100.00
(b) For routine inspections after business hours.
$175.00
(5) Real Estate Enquiries which include site inspections
(a) Initial fee $200.00
(b) Each additional hour, or part thereof, over two hours $100.00
(c) Real Estate Enquiries which include existing file search only $ 50.00
14. Basis of Fees
Except as specified otherwise, the permit fee shall be determined by multiplying the Service
Index, for each category listed in Sections 1 to 7, inclusive by the Gross Floor Area of the
applicable building, to determine the permit fee. The Service Index shall be adjusted, annually,
without amendment to this by-law, commencing on January 1, 2002, in accordance with the
Composite Southam Construction Cost Index (Ontario Series) or the Construction Price Statistics
published by Statistics Canada.
Gross Floor Area means the total area of all floors in a building, including a finished basement,
measured between the outside surface of exterior walls or between the outside surface of exterior
walls and the centre line ora fire wall or party wall. (See Notes 1 & 2 below) In the case of a new
house, the area of an attached garage is not included in the calculation.
Except where shown otherwise, the minimum permit fee for all categories of construction, except
for plumbing, sewers and drains, is $75.00.
Minimum fee for Plumbing Permits and Sewer or Drain Permits is $65.00
15. Construction or Installation prior to Permit Issuance
Notwithstanding the fees listed above, where construction or installation has commenced or
occurred prior to the issuance of a permit, the fee, or minimum fee, as the case may be, shall be
double the amount listed above for the category of construction or installation.
-16-
16. Fast Track Service
Notwithstanding the fees set out in Sections 1 to 12, above, at the request of an applicant for Fast
Track Service, the appropriate fee shall have a premium of 50% added, where Fast Track Service
is made available by the City.
NOTES
Where there is no floor or exterior wails for the project on any storey, or part thereof, the floor
area for that storey, or floor, shall be included as part of the Gross Floor Area, and shall be the
greatest horizontal area of the structure, on that storey or floor.
2. There are no deductions from the gross floor area for openings such as stairs, elevators, shafts,
ducts, etc.
3. Major occupancy for each class of permit is based upon the Building Code.
4.. Where a tent or air-supported structure has a permanent foundation then an additional permit fee
shall be payable, based on the value of construction of such foundation.
5. The Non-routine Inspection Fee is applied where it is necessary to repeat a requested inspection,
because the work was not ready, or incomplete, after a second inspection.
6. The Architectural Shell, for the purpose of this By-law, means the frame of a building including
the roof, exterior cladding and open interior walls with no interior finishes.
-17-
SCHEDULE "B"
The following plans, working drawings and documents, as applicable, shall be submitted with each
permit application, except as otherwise specified by the Chief Building Official and shall contain
sufficient information to determine conformity with the Code, the By-laws of the Corporation and
applicable laws:
(a) Plot Plan or Site Plan
(b) Lot Grading and Drainage Plan
(c) Floor Plans
(d) Foundation Plans
(e) Roof Plans
(f) Reflected Ceiling Plans
(g) Building Elevations
(h) Electrical Plans
(i) Heating, Ventilation and Air Conditioning Plans
(j) Plumbing Plans & Drawings
(k) Mechanical Systems Plans
(1) Fire Protection Systems Plans
(m) Sections, Elevations, Specifications & Details of the foregoing, as applicable
(n) Heat loss calculations
In addition to the above, as applicable or unless otherwise specified, a site evaluation, which shall
include the following items, shall be submitted to the Chief Building Official with each permit
application for a sewage disposal system:
(i) The date the evaluation was done and the name, address, telephone number and signature of
the person who prepared the evaluation.
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
-18-
A scaled map of the site showing:
The legal description, lot size, property dimensions, existing rights-of way, easements
or municipal/utility corridors;
The location o£items listed in Column 1 of Tables 8.2.1.5.A; 8.2.1.5.B and 8.2.1.5.C
of the Building Code;
The location of the proposed sewage system;
The location of any unsuitable, disturbed or compacted areas;
The proposed access routes for system maintenance;
Depth to bedrock.
Depth to zones of soil saturation.
Soil properties, including soil permeability, and
Soil conditions, including the potential for flooding
Any other information required by the Chief Building Official.
- 19-
Refund of Permit Fees
SCHEDULE "C"
1. Where an application for a permit has been accepted and zoning functions only have been
performed and permit issuance has been denied, then the permit fees shall be refunded in full.
Where an application for a permit has been accepted and zoning functions only have been
performed and the application is abandoned or withdrawn, at the request of the applicant, then
90% of the permit fee shall be refunded.
Where an application for a permit has been accepted and all functions have been performed and
the application is abandoned or withdrawn, prior to permit issuance, at the request of the
applicant, or where more than 30 days have elapsed since the applicant was notified, then 75%
of the permit fee shall be refunded. Minimum refund is $75.00.
Where a permit has been issued and the permit holder requests, in writing, that the permit be
cancelled, then, except as set out in paragraph 5 below the refund shall be as follows:
(a)
Building Permit - No refund where the building permit fee is less than $100.00. Where the
fee is $100.00 or more, then the refund shall be two thirds of the amount of the fee. Minimum
refund is $75.00.
(b)
Plumbing Permits - No refund where the plumbing permit fee is less than $80.00. Where the
fee is $80.00 or more, then the refund shall be two thirds of the amount of the fee. Minimum
refund is $65.00.
(c)
All other classes of permits - No refund where the permit fee is less than $80.00. Where the
fee is $80.00 or more, then the refund shall be two thirds of the amount of the fee. Minimum
refund is $65.00.
5. Notwithstanding, there shall be no refund of the fees for any permit:
(a) After commencement of construction;
(b) Where a permit has lapsed or has been revoked;
(c) Where in excess of one year has elapsed after the payment of fees.
A permit shall be deemed to have lapsed, where construction had not commenced within six
months after the date of permit issuance and where the permit holder had not been granted a
deferral of revocation, by the Chief Building Official, in accordance with Section 8.2 of this By-
law.
Niagara Falls JJJ
Community Services Department
Building and By-law Services
4310 Queen Street
Niagara Falls. Ontario
L2E 6X5
Tel.: (905) 356-7521
Fax: (905) 374-7500
E-maih melb[~,city.niaqarafalls.on.ca
BBS-2001- 09
Mel Brown,
Director
March 19, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: BBS-2001-09
Deposits
RECOMMENDATION:
That deposits, taken in connection with the issuance of permits as security for damage to municipal
property, be increased'and that the attached by-law be passed by Council.
BACKGROUND:
A deposit of $500.00 is currently required to be paid in connection with an application for a permit,
in accordance with the requirements of By-law 94-74, passed by Council in 1994. The deposit is
taken as security for the cost of damage to City property.
The above amount no longer covers the cost incurred by the City of the repair of damage caused to
sidewalks, curbs, etc. as a result of the construction on the adjacent private property. The average
cost is currently about $700.00 and it is therefore recommended that the deposit be increased to
$750.00 and that the one-time deposit, available to contractors be increased to $1,500.00. A
contractor with an existing one-time deposit would not be subject to any increase in payment,
provided that the existing deposit is kept in good standing.
In addition, if the person responsible for the damage does not remit the cost of any repair in excess
of the deposit then the only alternative available to the City is to initiate collection proceedings, in
default of payment. The fee payable by the City to the collection agency may amount to as much as
50% of the delinquent account. The result, in such cases, is that even if the collection is successful,
the City, in effect, absorbs part of the cost of the repairs. It is therefore recommended that an
administration fee of $250.00 be added to the cost, where there is a default of payment and the
person has been notified accordingly.
Working Together to2~erve Our Community
Municipal Works · Fire Services · Parks, Recreation & Co/lure · Business Development · Building & By-law Services
-~- BBS-2001 - 09
Respectfully Submitted:
Ed~w~d p.~Lust .~/~
Chief Administrative Officer
Approved by:
John Mac~J~onald~/
~ve Director of Community Services
Attach.
CITY OF NIAGARA FALLS
By-Law No. 2001-
being a by-law respecting the payment of deposits upon applications for permits.
Whereas paragraph 2 of subsection 314 (1) of the Municipal Act, R.S.O. 1990, Chap. M. 45, as
amended, authorizes the Councils of all municipalities to pass by-laws requiring the payment of
deposits, hereinafter referred to.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. In this by-law:
"Municipality" shall mean The Corporation of the City of Niagara Falls;
"permit holder" means the person to whom the permit, referred to herein, was issued;
"work" shall mean construction or demolition for which a permit was issued.
2. (l)
Prior to the issuance of a building permit, demolition permit, sewer permit or a
swimming pool permit, every applicant for such a permit shall, prior to the issuance
of a permit, pay to the Municipality a deposit as set out in Schedule "A" attached
hereto and forming part of this by-law.
(2)
Such a deposit may be used to meet the cost of repairing any damage to municipal
property including, but not limited to sidewalk, curb, pavement, boulevard, culvert,
sewer, water service box, where such damage was caused as a result of the work for
which the permit was issued.
(1)
Prior to commencement of the work, the permit holder shall notify the Municipality
of any damage to any property of the Municipality, which is adjacent to the site of
the proposed work and no work shall be undertaken until an inspection has been
performed on behalf of the Municipality.
(2)
If the notification is not given as required in subsection (1), then any damage to the
property of the Municipality, adjacent to the proposed work site, will be deemed to
have been caused as a result of the work being undertaken.
(1)
During the course of the work, the permit holder shall take all necessary steps to
ensure that waste building materials, debris, junk and soil is not spilled, blown or
tracked onto the adjacent property of the Municipality or the public street.
-2-
(2)
In default, any such material, debris, junk or soil may be cleared or removed by the
Municipality at the expense of the permit holder in accordance with section 5.
(1)
Upon notification by the owner of the completion of the work, the adjacent property
of the Municipality will be inspected.
(2)
If there is any damage to the property of the Municipality, then the cost of repair or
any clearing or removal will be determined by the Director of Municipal Works and
the permit holder will be invoiced accordingly by the Municipality.
(3)
If the permit holder does not pay the amount as set out in subsection (2) within thirty
days, then that amount will be deducted from the deposit and the balance, if any, will
be returned to the permit holder.
(4)
If the amount as set out in subsection (2) exceeds the amount of the deposit, then the
permit holder shall pay the excess amount within thirty day upon written demand by
the Municipality.
(5)
If the permit holder does not pay the excess amount within the time required, the
permit holder shall be liable to an additional administration fee of $250.00.
(1)
A deposit will be refunded, at the request of the permit holder, where no work has
taken place and the permit has been cancelled.
(2)
A deposit will not be refunded once the work has commenced until it has been fully
completed; the permit holder has notified the Municipality and a final inspection has
been performed by the Municipality.
(3)
After thirty days notice in writing has been given by the municipality to the permit
holder, a deposit will be forfeited after five years have elapsed since the date of
issuance of the permit if the permit holder has not taken the required action to
complete the work and notified the Municipality.
7. By-law 94-74 is repealed.
Passed this day of ,2001.
E.C. WAG-G, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
Second Reading:
Third Reading:
-3-
SCHEDULE "A'
Deposit to be paid prior to the issuance of a permit
In lieu of the deposit required in section I of this Schedule,
the permit holder may pay the following deposit, which
may used in conjunction with subsequent permits, without further
payment. Provided however, that if any part of this deposit has
been applied to the cost of damage or clearing, as set out in
Section 5 of this By-law, then the amount of this deposit shall
be reinstated in full, on demand, prior to issuance of further
permits.
Administration fee as set out in subsection 5 (5) of this By-law.
Notwithstanding section 2 of this Schedule, any person who has
paid a deposit, still retained by the Municipality of $300.00 in
accordance with section 4 of By-law 76-59 or $1,000.00 in
accordance with section 2 of Schedule "A" of By-law 94-74,
shall not be required to pay any additional amount, provided
that the said deposit is maintained in good standing and
continues to be retained by the Municipality.
$ 750.00
$1,500.00
$ 250.00
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www. city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-27
File G- 180-01
Tel: (905) 35~-7521
Fax: (905) 356-2354
E-mail: munwks~city.niagarafalls.on.ca
March 19,2001
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-27
Supply of Municipal Parking Control Services - RFP #07-2001
RECOMMENDATIONS:
It is recommended that:
1)
the Supply of Municipal Parking Control Services be awarded to the canadian
Corps of Commissionaires - Hamilton, for the next three year period; and,
2) Staff be directed to prepare the necessary agreements.
BACKGROUND:
Our contract for Parking Control Services with the Corps of Commissionaires will expire on
March 31,2001. Therefore, staff have requested proposals from parking enforcement companies
to Supply Municipal Parking Control Services, to the City, for the next three years.
Recognizing that customer service is extremely important to the City and that enforcement
people are the first and sometimes the only persons that many of our visitors see, Parking Control
Officers should have the qualities to be our ambassadors. As well, they should be trained to
identify and report deficiencies on our roadways and parking lots such as a burnt out street lights,
damaged traffic signs/signals, overflowing garbage containers, etc. Our goals are to offer
effective customer relations along with quality service and at the same time enforce the parking
laws. Therefore the role of the Municipal Parking Control Officer has been expanded to include
these duties.
To ensure that all the City's needs will be addressed, the proposal is based on the following
criteria:
1)
2)
3)
4)
Customer Service, Ambassadorship, Municipal Watch Program
Employee training (specialized and required)
Experience and knowledge of parking practises, procedures and the law
Cost
March 19, 2001 -2-
MW-2001-27
Four Companies responded to the RFP. The proponents were asked to submit bids based on the
hourly wages for the Sergeant and the Parking Control Officers. These hourly wages include the
hourly wage plus administration fees. The following is a breakdown of the costs submitted by
the various proponents for the supply of Parking Control Services (GST extra):
Proponent
Serltent Wa~es Control Officer Wages Projected Yearly *
Larkwood Communications Ltd. $12.45~nr
St. Catharines, Ontario
$10.38/hr. Days &
$10.58/hr Shifts
$247,000.00
Corp. Commissionaires
Hamilton, Ontario
$14.88/hr $11.78/hr $280,000.00
Community Patrol Services
Moorefield, Ontario
$22.95/hr $17.55/hr $419,000.00
PARKSMART Inc.
Mississuaga, Ontario
Did not appropriately respond to the RFP.
* - 2001 will be reduced by 25% because they will start on April 2nd,
All hourly wages proposed are finn for the full period of the contract(December 31, 2002).
Larkwood Communications submitted the lowest quote, however did not address the criteria
identified above in a detailed manner. In fact they scored very poorly in the customer
service/ambassadorship areas. Their proposal lacked the information necessary to recommend
that their proposal be selected. In addition, Larkwood identified that their prices are firm for the
duration of the contract; barfing any changes to government legislation of the fair wage act or
increases to the minimum wage the would impact or mandate increase to their staff's hourly rate.
Therefore, their billing rate would be increased by the same percentage as the pay rates which
means they cannot ~uarantee their prices for the full contract neriod.
A selection committee made up of Darrell Smith, Manager of Engineering Services, Geoff
Holman, Manager of Development and Karl Dren, Manager of Traffic and Parking Services
unanimously selected the Canadian Corps of Comrrfissionaires as the company best suited to
fulfil ail of our Parking Control needs for the next 3 years.
The Commissionaires' quote is the second lowest quote. For many years now, the Canadian
Corps of Commissionaires have successfully undertaken the parking enforcement duties in the
City of Niagara Falls. In recent years, we have been very satisfied with their contract services.
The Commissionaires submitted the most eomnlete nronosai by addressing all issues outlined in
the RFP in a clear and concise way. What sets the Commissionaires apart from all of the other
submissions is that they have ISO 9002 certification, First Aid Training, undertake backgrotmd
criminal reference checks on all staff, and will be trained in Non-Violent Crisis Intervention. In
fact their proposal was the only one to offer extensive detail on all of these issues. They are
prepared to expand their roles as watchdogs for the community (Municipal Watch), as well as,
ensure that our customer service needs will be addressed.
Therefore, Staff is recommending that the Canadian Corps of Commissionaires-Hamilton, be
awarded the Municipal Parking Control Services Contract until December 31, 2002. The
March 19, 2001 -3- MW-2001-27
Canadian Corp of Commissionaires familiarity with our current practices and operations is an
asset and will provide us with a team of professionals who have an excellent understanding of
our Community as well as providing employment to many members of our Community. Having
first hand knowledge of our needs will more than offset the difference any cost savings realized
by selecting the lowest price.
Based on the projected hours that will be worked it is anticipated that an additional $30,000.00
will be required in the 2001 Parking Control Budget to fulfil our Parking Control needs.
Staffwill be preparing a report to outline an adjustment to our parking fines as compared to St.
Catharines and Niagara-on-the-Lake, suggesting an increase to align ourselves with these
communities. Fines have not been adjusted since 1989. The recommended adjustments, should
they be approved, will offset any increase in parking control costs.
Councils concurrence with the recommendations outlined in this report would be appreciated.
Prepared by:
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
Respectfully Submitted by:
Edw~ard
Chief Administrative Officer
Director of Municipal Works
.~ppro~ved by:
Executive Director of Community Serv'
S:\TKAFFIC~tEPORTS~200 B2001 CouncilXMW2001-27.wpd
The City of
Niogoro F~fl$
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
Ed Dujlovic, P. Eng.
Director
MW-2001-28
March 19, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
Re:
MW-2001-28
Property Address Database Application
RECOMMENDATION:
It is recommended that the City retain Canadian Micro Software Incorporated, at a cost of $23,400,
($20,900 for product development and an annual licencing and support fee of $2500), exclusive of
G.S.T, to build a central property addressing system.
BACKGROUND:
In July of 2000, City staff began investigating the issue of the various address lists in several
computer applications, all of which contained inconsistencies in both the quality and quantity of
information. To that end, Information Systems staff conducted a survey of all systems that use or
could potentially use property address information either now or in the future. The following systems
were identified.
System Name Description
O.A.S.Y.S.
Ontario Assessment System
This database contains assessment information
about all properties in Ontario, as well as, some
information about the people who live at each
property. Maintained by the Province and
Municipalities.
Amanda
C.B.M.
Permit and Licence application
Corporate Base Map
Administers the permitting and licencing
function within the Clerks and Building & By
Law Divisions.
A mapping or drawing set where properties are
identified. Maintained by Information
Systems.
Systems (con0
System
Name
Description
M.I.D.S.
Municipal Infrastructure Data
The main holding area for all servicing
related condition information for ail three
major servicing networks i.e, water, sewer
and road. Maintained by the Engineering
Division.
Bull
Financial database
Holds all financial information. Maintained
by Information Systems and Finance.
CriSys
Dispatch and Mapping System
Employed and maintained by Fire Services
for the purpose of dispatch routing and
retrieval of information pertaining to the site
of the fire.
Maintain
Maintenance Management
Cail centre, work and asset management
system. Maintained and operated by
Engineering and Information Systems.
In addition to the systems shown above, many secondary databases that utilize address information
exist throughout the corporation.
The existence of multiple address lists throughout the Corporation poses several significant
problems for those who are tasked with maintaining them.
1) Significant amounts of staff time are used in the rationaiization of address
information between systems.
2) Inaccuracies and inconsistencies in the address information between the systems
will aiways exist unless all systems use the same area from which to pull the
information.
3) The separate systems and their respective address listings make the sharing of
information between them virtually impossible.
4) All of the above systems with the exception of one do not support multiple address
references, meaning that information pertaining to people who rent or lease property cannot
be stored and/or retrieved.
In order to address the above problems, the City of Niagara Falls, in conjunction with the City of
St. Catharines and the Regional Municipality of Niagara, formed a partnership in order to source
a software vendor who could design a system that would allow for: single source addressing,
sharing between applications and jurisdictions, and the clean up of existing inconsistencies between
applications.
The partnership was approached by Canadian Micro Software, the manufacturer of the Maintain
Maintenance Management System currently installed in Welland St. Catharines and Niagara Falls,
with a prototype. The partnership then received a proposal for the development of a working
product for the partnership at a total development cost of $70,200 to be shared equally between the
partners.
The development/software agreement differs from all others in which the City has participated in,
in that the cost of the software, exclusive of annual support, $20,900, is fully recoverable. Upon
release of the commercial version of the software, the partners will receive 9 percent of sales of
the system to other municipalities in the form ora credit to a maximum of $20,900. This project
will be funded through Information Systems' new machinery and equipment account.
It is conceivable that the software cost will be fully recoverable as the number of municipalities
purchasing it increases. This project has been authorized and endorsed by the Information Systems
Department.
Council's concurrence with the recommendation in this report is requested.
Prepared by:
David Watt
Manager of Infrastructure
Respectfully submitted by:
Edward P. Lustig 2'~/~ ~
Chief Administrative Officer
Ed Dujlovic
Director of Municipal Works
j~E~ uMt a~2Approved by:
ive Director of Community Services
The City of jill~
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: wvnv.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: m unwks@city.niagarafalls.on.ca
March 19, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-29
Consulting Services for the
Class Environmental Assessment
Main Street
Ed Dujlovic, P. Eng.
Director
RECOMMENDATION:
In accordance with the City's Consultant Selection Policy, it is recommended that the City of
Niagara Falls enter into a Consulting Services Agreement for the preparation of a Class
Environmental Assessment for Main Street with Totten Sims Hubicki for the upset limit of
$49,700 excluding GST.
BACKGROUND:
As Council is aware the 1998 Master Transportation Plan recommended the closure of a portion
of Main Street. Since that time, the traffic study for the new casino has been prepared stating that
Main Street must remain open. In order to solve this conflict and proceed with necessary works,
the Province requires the completion of a Class Environmental Assessment. This process must
examine all options for Main Street, including but not limited to, closure, widening and
remaining as is.
If the Class Environmental Assessment recommends the closure of Main Street, Council must
still approve and follow the procedure outlined in the Highway Traffic Act.
As per the City's Consultant Selection Policy, direct appointment for design work up to $50,000,
Totten Sims Hubicki has been selected to complete this work. They have been selected by the
Region of Niagara to complete the Class Environmental Assessment for Stanley Avenue. Since
this work is closely tied to works on Main Street and they have successfully completed similar
jobs for both the City and the Region, staff are recommending that they be retained for this work.
Working Together to Serve Our Community
Municipal Works Fire Sen/ices Parks, Recreation & Culture Business Development
MW-2001-29 Page 2 March 19, 2001
Your concurrence with the above recommendation would be appreciated.
Manager of Engineering Services
Respectfully submitted:
Chief Administrative Officer
Director of Municipal Works
The City of
Niogoro Foils lJ~l~/~
Communlt~ Sewices Department
Municipal Works
4310 Oueen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: ,.wvw.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niaga mfalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-30
March 19, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
Re-'
MW-2001-30
Award of Tender #02-2001
Alterations to Engineering Department - City Hall
RECOMMENDATION:
That Council award Tender #02-2001 for the Second Floor Engineering Department alterations to T.R.
Hinan Contractors Inc. for the tendered mount of $102,135.00 including all taxes.
BACKGROUND:
Council may recall approving report MW 99-104 which outlined several interior renovations to City
Hall. The first and second phase work to renovate the Lower Level in City Hall and the Planning and
new Legal Department areas have been completed.
Plans for the proposed Engineering Department alterations were prepared by Chris Cristelli and
Associates and include for the alterations of the existing front and back general office areas. To
accommodate the alterations several staffmembers of the Engineering Department will be relocated
to the old cafeteria in the lower level of City Hall.
Tender #02-2001 was called with five contractors submitting tenders:
T.R. Hinan Contractors Inc.
Draftcon Construction Ltd.
Salcor Construction Ltd.
Aldor Builder Ltd.
Merit Contractors
St. Catharines
Niagara Falls
Port Colbome
Thorold
St. Catharines
$102,135.00
$103,059.00
$105,150.00
$109,094.00
$118,729.00
Working Together to Serve Our Community
Municipal Works Fire So,vices Parks, Recreation & Culture Business Development Building & By-Laws
MW-2001-30 -2- March 19,2001
Modifications to the t-IVAC and Lighting system are not included in the tender. These items will be
completed by City forces or by the City's contracted subcontractor. It is estimated that this work will
cost a total of $15,000.
This project will be funded from Building Division special purpose reserve account.
Council's favourable consideration with the above recommendation would be appreciated.
Respectfully Submitted by:
Edward P. Lustig,'
Chief Administrative Officer
Director of Municipal Works
Approved by:
Executive Director of Community Services
S:kREPORTSk2001 RcportshMW.2001-30 - Alterations Engineering I~pt
1'he City of
Niogoro Foils
Community Sewices Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
Adele Kon
Director
R-200t-07
March 19, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City &Niagara Falls, Ontario
Members:
Re: R-2001- 07
Market Viability Assessment for Site
Selection of the Community Centre
RECOMMENDATION:
That the finn of Leisureplan International be retained at a cost of $23,687.66 (including taxes) to
complete a Market Viability Assessment as part of the process to select an appropriate site for the
Community Centre.
BACKGROUND:
A Steering Committee, comprised of staff representatives of the City of Niagara Falls, the Boys &
Girls Club, and the YMCA has been formed to steer the planning process for the new Community
Centre and to make recommendations with respect to all facets of the planning and development of
this project. The Committee has been involved in the important task of selecting a suitable site for
the centre. The Committee prepared a Discussion Paper on the Process and Criteria of Site
Selection which was endorsed by City Council on January 8, 2001 after a period of public
consultation. The discussion paper outlines a systematic approach to selecting an appropriate site
for the centre that is rigourous and equitable. As part of this process the Steering Committee has
recommended that a market viability assessment be completed to assist with the determination of
the best possible site. On February 8, 2001 the Steering Committee had requested that the Project
Manager initiate the search for a qualified and experienced finn to conduct the assessment.
Working Together to Serve Our Communffy
Municipal Works Fire Services Parks, Recreation & Culture Business Development
R-2001-07 - 2 - March 12, 2001
Three firms with experience in conducting these types of assessments responded. On March 8,2001
the Steering Committee decided to recommend the firm of Leisureplan International for this project
because their proposal was:
· Fully responsive to the Terms of Reference;
The Project Team is the most experienced in similar projects, having worked extensively for
the YMCA and the Boys & Girls Club throughout Ontario;
The proposed work program is comprehensive and will provide independent and suppotlhable
input to the site selection process and the market viability of potential sites;
A schedule was provided that recognizes the urgency of the assignment. A letter addressing
the market viability perspective to the site selection process will be provided within one
week of the consultant being retained. The total schedule is estimated to be from 6 to 8
weeks.
FINANCING:
The funds are available in the 2001 Capital Budget.
Recommended by: ~
Adele Kon
Director of Parks, Recreation & Culture
Approved by:
John MacDonald
Executive Director of Community Services
AK/das
Respectfully Submitted:
Edward P. Lustig
Chief Administrative Officer
S:\Council\Counci12001~R.-2001-07.wpd
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagamfalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagamfalls.on.ca
Adele Kon
Director
R-2001-08
March 19, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2001-08
Inventory of Dr. Afrukhteh's Art Collection
RECOMMENDATION:
That Council approve the expenditure of $24,000 to inventory the art collection that will be donated
to the City by Dr. Afmkhteh.
BACKGROUND:
For the past year, staff has been reviewing the potential donation of artwork from Dr. Afmkhteh,
which is one of the largest private collections in Canada. Dr. Afrukhteh opened his Art Gallery in
Niagara-on-the-Lake in 1983 in order to share his extensive and varied collection with the public.
For the past eight years, his Gallery has been closed in order to construct an addition and renovate
the existing buildings.
Dr. Afmkhteh approached the Mayor approximately a year ago to express his interest in donating
part of his collection to the City. For all of his adult life, he has acquired various works of art, not
only because of his love of art, but also to culturally benefit the community. To this end, he now
wants to ensure that his collection remains available to the community in perpetuity (see attached).
His offer is conditional upon the City retaining ownership of the donated collection and displaying
his work at a suitable location. He has toured the Armour), and feels that the heritage facility would
satisfy his requirements.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture · Business Development
R-2001-08 - 2 - March 19, 2001
Meetings have also taken place with the Director of the Niagara Falls Art Gallery (NFAG) and
members of the Board to discuss the potential of the NFAG managing the collection and the
Armoury on behalf of the City. The existing Board of NFAG has successfully managed the
Oakwood Gallery for the past 10 years and has been able to operate the facility with the revenue
generated through various art classes and donations. They have both a successful tract record and
the expertise to manage Dr. Afrukhteh's collection.
The NFAG has recommended that the City contributed $24,000 towards the hiring ofa staffperson
to commence the inventory process. The staff person would become a contract employee of the
NFAG. The contracted employee would work three days per week on the inventory process and the
other two days for the Gallery. A number of Dr. Afrukhteh's works of art are very large pieces and
whenever a second staff person is required to handle the larger pieces the NFAG would provide the
second staff person at their expense. The NFAG has also agreed to cover the cost of the individual's
mileage. It is estimated that if the City were to solely undertake the inventory process, the cost
would be approximately $75,000.
As members of Council will recall, a consultant was retained to review the govemment's suggestion
that the back or parking lot portions of the Armoury property be severed, rezoned and retained by
the Federal Government for future sale. The funds from the future property sale would offset the
appraised value ($375,000) of the building, and therefore, the Federal Government would be
prepared to transfer ownership of the Armoury building to the City. The second part of the study
was to prepare a proposal and accompanying business plan for the use of the Armoury.
The representatives of the Federal Government were provided with a draft copy of the first phase
of the consultant's report which dealt with the severance of the parking lot. Although a written
response has not been provided, the representative of the Federal Government indicated that the City
should proceed with the next part of the study. In a telephone conversation with City staff, they
indicated their desire to have the City obtain ownership of the Annoury. Therefore, to this end, they
would be further reviewing the matter and potentially recommending further heritage restrictions be
placed on title and then obtaining a second property appraisal. By so doing, it is expected that the
property value would be substantially reduced.
FINANCING:
The Arts and Culture Commission has $15,000 in a special reserve account. At their October 26,
2000 meeting, the Arts and Culture Commission recommended that their 2001 operating budget be
increased by $8,000 and that the special purpose reserve fund be used to provide the necessary
$24,000 to commence the necessary inventory process of Dr. Afrukhteh's donated works of art.
R-2001-08 - 3 - March 19, 2001
CONCLUSION:
Arts and Culture Commission Members and Staff recommend that we proceed with the inventory
process even though we do not yet own the Armoury. Inventorying the art work will take
approximately a year and the information will be required for the eventual legal agreement.
Recommended.~!: jF~'
Adele Kon
Director of Parks, Recreation & Culture
Approved by:
Jo2 MacDonald '~ Services
~ector of Community
AK/das
Attachment
Respectfully Submitted:
Edward P. Lustig
Chief Administrative Officer
S:\Council\Counci12001~-2001-08.wpd
DR. D. AFRUKHT~:H, M.D., DR.PHARM.
104-6453 MORRISON STREET
NIAGARA FALLS, ONTARIO
L2E 7H1
TEL.: 905-356-4555 FAX: 905-356-
FEB 0 6
PARKS, RECREATION
& ClJI~TORi~
MRS. E. II(ON
NIAGARA PARKS AND RECREATIONS DEPT.
7565 LUNDY'S LANE
NIAGARA FALLS, ONTARIO
L2H 1G9
I~'EBRUARY 5TH, 2001
DEAR lVlRS. KON:
THIS IS TO INFORM YOU THAT 400 PAINTINS HAS BEEN CHOSEN TO BE DONATED TO THE
CITY OF NIAGARA FALLS, ONTARIO, ANFRUKI~TgI-I NIAGARA FINE ARTS GALLERY AD
MUSEUM TO BE LOCATED AT THE ARMOURY BUILDING FOR FUTURE DONATION OF THE
MUSEUM TO THE CITY OF NIAGARA FALLS, ONTARIO.
I ALREADY HAVE SPOKENT TO ~ SMOLINSKY FOR CATALOGING THE 400 PAINTING IN
A PRESENTABLE FORM FOR PRESENTATION TO THE COUNCIL OF THE CITY OF NIAGARA
FALLS, ONTARIO.
YOUR UTMOST INTEREST AND EFFORT IN ESTABLISHING THE MUSEUM AND
ADVANCING THE EDUCATIONAL ASPECT OF IT FOR OUR CITY IS CORDIALLY
APPRECIATED
VERY SINCERLY YOURS,
The City of ~l~l~ll~
Niagara Falls I1~1~
I -
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-2001-16
Tel: (905) 356-7521
Fax: (905)374-7500
E-mail: rkallio@city.niagarafalls.on .ca
March 19, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-16, Establishment of Road Widening
And Daylighting Triangle as Public Highways
Willoughby Drive and Aberdeen Street
Our File No.: 2001-35
RECOMMENDATION:
That the road widening and daylighting triangle, described as Parts 4 and 5 on Reference Plan No.
59R-11309, be established as public highways to form part of Willoughby Drive and Aberdeen
Street, respectively.
BACKGROUND:
As a condition of Land Division Committee consent Brookdale Properties Inc. conveyed a road
widening and daylighting triangle to the City. The road widening is located along the north easterly
limit of Willoughby Drive, east of Aberdeen Street and the daylighting triangle is located at the
intersection of Aberdeen Street and Niagara Street. They are shown hatched on the plan attached.
Staffis now recommending that the subject lands be dedicated as public highways to form part of
Willoughby Drive and Aberdeen Street.
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
ATv~d by:
Tony Ravenda,
Executive Director of Corporate Services.
RRi~alli~ by:
City Solicitor.
Respectfully Submitted:
Chief Administrative Officer.
Clerk's Finance
Working Together to Serve Our Community
Human Resoumes Information Systems · Legal · Planning & Development
64379-0166 (LT)
PART I PART 2
50.00' ~ 50.00'
~ -- N 46' 54' 40" W m 100.00'
o ~ PART
~z ~.
,,~
)' Fl, PI & SET ~ 100.00' OI, 02 & SET BY ADDITION
t
289.40' PI & SET
W ( REFER£NC£ BF~.ARING )
~4~8~-~s7 (Lt)
NN~£ CHANGE0 BY
BY-!.~W 1(60 (1969)
INST. No. 115891