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2001/04/09PLANNING MEETING APRIL 9, 2001 PRAYER: Alderman Carolynn Ioannoni 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 Meeting of March 26, 2001. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS DEPUTATION Wayne Quirk of Remax Garden City Realty will make a presentation to His Worship Mayor Wayne Thomson and Alderman Gary Hendershot who participated in the Peninsula Cup Annual Dart Tournament - Mayor's Challenge on March 3~d, 2001. Brian Whipple, Event Chairman will make a presentation in the form of a donation to Tender Wishes on behalf of His Worship Mayor Thomson and Alderman Gary Hendershot who were the victors. Sue Szaszi, Principal of Orchard Park School, and Lynda Baiano, Vice Principal of Stamford Collegiate Secondary School along with a student from each of the aforementioned schools will attend Council and extend an invitation to Council and Staff and encourage them to visit the schools during the month of April, being Education Month in the District School Board of Niagara. Buttons will be presented to His Worship Mayor Thomson, members of Council, and Staff to show awareness of activities at the school during this month. -2- Mr. Sabastian Dovi wishes to address Council on behalf of Nancy McKinnon with respect to AM-39/2000, Zoning By-law Amendment Application, 2907 Stanley Avenue - Legalize Four-Unit Dwelling: requesting removal of certain conditions associated with rezoning request on her property (2907 Stanley Avenue). COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Niagara Parks Commission - Re: Falls Friday Night Fireworks - requesting permission to carry out the firework displays over the Falls on Friday evenings at 10:00 p.m. beginning May 18th through August 31st., 2001; and in addition, to carry out firework displays on the major Canadian and American holidays, plus 2 extra programs on the weekend nights of Blossom Festival i.e. May 19th, 20~h, 26th and 27th, 2001. RECOMMENDATION: That the requests be approved. Pasquale Ramunno, 576192 Ontario Limited/Rockworld - Re: New sign at 5020 Centre Street - requesting a minor variance for a new sign at 5020 Centre Street. RECOMMENDATION: That the matter be referred to staff. Lighthouse Niagara - Re: Material and financial requirements of Lighthouse Niagara Resource Centre - requesting assistance in providing for some of the material and financial requirements of Lighthouse Niagara Resource Centre. RECOMMENDATION: That the matter be referred to staff. Multi-Lingual Braille & Large Print Association - Re: Braille Business Cards - requesting that braille be incorporated onto City business cards. RECOMMENDATION: That the matter be referred to staff. Medical Students of Ontario - Re: Tuition fees - requesting that medical school tuition be capped and reregulated at an accessible level (e.g. prederegulation levels plus inflationary increases) and that financial aid be increased to reflect the actual costs of a medical education. RECOMMENDATION: For the consideration of Council. Joyce Crysler - Re: Alderman Ioannoni's planned trip to Las Vegas - protesting Alderman Ioannoni's planned trip to Las Vegas to attend a Conference. RECOMMENDATION: For the Information of Council. 4th Annual Rotary Italian Night - Re: Acquisition of a table for Council - requesting that Council purchase a table for the 4th Annual Rotary Italian Night to be held at Club Italia on April 28th, 2001. RECOMMENDATION: For the consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further Items for Council consideration. ITEM NO. 2001- 12 PLANNING MATTERS Public Meeting Zoning By-lawAmendment Application and Application for Site Plan Approval; AM-03/2001 & SPC-01/2001 6546 Fallsview Boulevard; Proposed Expansion to the Days Inn Hotel Background Material: Recommendation Report: PD-2001-30 - AND - Correspondence from The Regional Municipality of Niagara ITEM NO. 2001 - 13 Public Meeting Zoning By-law Amendment Application AM-07/2001, Joe Butera Agent: Italia Gilberti 7868 Oakwood Drive, Industrial Mall, Hotel Background Material: Recommendation Report: PD-2001-31 - AND - Correspondence from The Regional Municipality of Niagara, Planning and Development Dept. Memorandum from The Regional Municipality of Niagara Correspondence from The Ministry of Transportation ITEM NO. 2001 - 14 -4- Public Meeting Zoning By-law Amendment Application AM-06/2001, Eagle Valley Golf Course Agent: Delia lafrate 2334 St. Paul Avenue Background Material: Recommendation Report: PD-2001-32 - AND - Corrrespondence from The Regional Municipality of Niagara Correspondence from Canadian National Railways Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from M. David Cottle Catherine Clark Mr. & Mrs. Peter Burciul Edmund R. Gosse John W. Courtney Jill and Ron Planche Irena & John Hubbert Correspondence from Lyle T. McDonald M.D. andPatricia McDonald R.N. ITEM NO. 2001-15 ITEM NO. 2001-16 Reconsideration of Decision Colangelo Estates Draft Plan of Subdivision 26T-11-2000-07; Owner 586112 Ontario Limited (In Trust) Background Material: Recommendation Report: PD-2001-33 - AND - Correspondence from Sullivan-Mahoney Correspondence from The Regional Municipality of Niagara (Public Works Dept. - Operational Support Services) Appeal to Zoning By-law No. 2001-50 AM-42/2000 5359 River Road, Eastwood Tourist Lodge Background Material: Recommendation Report: PD-2001-34 -5- ITEM NO. 2001-17 Public Meeting Meadow Creek 3 Draft Plan of Subdivision 26T-11-2001-02; Owner 527786 Ontario Limited Background Material: Recommendation Report: PD-2001-29 REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chair) COMMUNITY SERVICES MATTERS Chief Administrative Officer MW-2001-43, Recommendations from Municipal Parking and Traffic Committee (March 20, 2001) Meeting. MISCELLANEOUS MATTERS Chief Administrative Officer R-2001-12, Actions Stemming from the Environmental Planning & Greening Committee Meeting of March 28, 2001. Chief Administrative Officer L-2001-21, Licence Agreement with Bell Canada, Part of L. B. Pearson Park, Dorchester Road. Chief Administrative Officer CD-2001-04, Special Occasion Permit- Royal Canadian Legion Branch 396, Branch Picnic. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS RESOLUTIONS BE IT RESOLVED that Council of the Corporation of the City of Niagara Falls proclaim April 20, 2001 as ARBOUR DAY, and urge everyone able to do so, to observe this day by attending a special tree planting ceremony at Dufferin Islands Nature Area in honour of Mrs. Dorothy VanSlyke. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2001-67 To amend By-law No. 2001-31, respecting the issuance of licences in the City of Niagara Falls. 2001-68 To authorize a Licence Agreement in favour of Bell Canada over part of L. B. Pearson Park, located on the west side of Dorchester Road. 2001-69 To amend By-law 75-173, as amended, being a by-law to provide for remuneration of the members of the Committee of Adjustment and the Board of Plumbing Examiners for the City of Niagara Falls. 2001-70 To authorize the execution of an agreement with 649799 Ontario Limited operating as Provincial Maintenance Inc. respecting supply of material and services for pavement markings. 2001-71 To authorize the execution of an agreement with Canadian Corps of Commissionaires (Hamilton Division) respecting the supply of Municipal Parking Control Services in respect of parking infractions. 2001-72 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) 2001-73 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs, Yield Signs) 2001-74 To authorize the execution of an agreement with The Regional Municipality of Niagara with respect to a licence agreement for certain data. 2001 - 75 To amend By-law No. 79-200, as amended. (AM-7/2000) 2001 - 76 To authorize monies for General Purposes (April 9, 2001). NEW BUSINESS The Niagara Parks Commission ,.0. Box 150, Niagara Falls, Ontario, Canada LZE 6T2 OnTario Brian E. Merrett Chalma~ John A.M. Kemaban Gs~ral Manager E-Mail: npinl~0@niagaraparks.corn Web Site; ht~p;//www, niagaraparks.com '[eleph~e 905/35B-2241 Fa~ 905/354-6041 March 29, 2001 Mr. Woody Wagg City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Subject: Friday Night Fireworks Dear Mr. Wagg: The Niagara Parks Commission and other local sponsors request permission to carry out the Friday Night Fireworks displays over the Falls in the same format as last year. The displays will begin at 10:00 p.m. May 18 through August 31, 2001. In addition to the regular Friday night program, there will be displays on the major Canadian and American holidays, plus 2 extra programs on the weekend nights of Blossom Festival, May 19, 20 and 26, 27 2001. Please see the attached for scheduled dates and times of the displays. The location will remain the same as last year, in the Lower Gorge at the Ontario Power Generation property. The displays will be installed and fired by the pyrotechnical experts from David Whysall International Fireworks, Inc., Fergus, Ontario. They are familiar with the site and are in the second year of a three-year contract, The City of Niagara Falls will be listed as co-insured, with liability coverage for $5,000,000. A Certificate of Insurance will be arranged and sent to the City of Niagara Falls directly by David Whysall. Thank you for your assiStance. Murray Mold Senior Director Marketing & Business Development Attach. 2001 FALLS FIREWORKS 10'00 P M Friday, May 18 Saturday, May 19 Sunday, May 20 Monday, May 21 (Victoria Day- Canada) Friday, May 25 Saturday, May 26 Sunday, May 27 Menday, MaY 28, 2001 [Memerial Day- United States) Friday, June 1 Friday, June 8 Friday, June 15 Friday, June 22 Friday, June 29 Sunday, July 1[Canada DaY] Wednesday, July 4 [independence Day - United States) Friday, July 6 Friday, July 13 Friday, July 20 Friday, July 27 Friday, August 3 Menday, August 6 [Civic Heliday - Canada) Friday, AugustlO Friday, August 17 Friday, August 24 Friday, August 31 Menday, SePtember 3 [Labeur Day] Niagara Sl~r~ng t~ W~ S~ing ~e 576192 Ontario Limited/Rockworld Pasquale Ramunno 5020 Centre St., Niagara Falls, Ont., L2G 3N7 Mayor Wayne Thomson and Members of the Municipal Council: March 22,2001 IV[AR ' 6 2001 We are seeking a minor variance for a new sign at 5020 Centre St. for the following reasons: 1] International Currency Exchange's 20' x 6' sign installed at 5008 Centre St. projects 1 ft. from the curb. This sign completely blocks our signs and building from the south-west comer of Victoria Ave./Clifton Hill and partially from the south-east side of Clifton Hill. If their sign cannot be removed then we wish to instal a much smaller 5' x 6' new sign, under the same conditions, in order to remedy this problem. 2] The head decorations on the face Of our building were included in the original construction plans. We believe they are not signs for the following reasons: - they do not incorporate any logos or words. - they are original pieces of artwork adding to the decor of the building. - they do not advertise what our business is, ie. they can pertain to anything- eg. record/music store, bar, restaurant etc.. - the existing signs on our building indicate the types of businesses available- not the decorative heads.. - other examples of exterior decorations in Niagara Falls: Fine Kettle -O- Fish, Town and Country Plaza Evel Knieval Museum, Victor/a Ave., Thank you, Tue~ March A.ention: Mayor Wayne Thompson and Council Membe;r~ Dear Mayor Thomp~n and Est~med Coundl Membem: ~ ........ I am writing to request your assistance in providing for some of the material and financial requirements of LighthouseNiagara Resource Centre. We have been established in this community since 1997, and there have been over eight thousand visits to our facility by youth aged 8-24 years during this time. The number of 'at-risk', 'street-involved' and homeless youth who have come to rely upon our services continues to grow and we are constantly struggling to secure the resources required to provide for their needs. The support of the local community has been tremendous; with over 132k contributed by businesses, individuals and groups through 'in-kind' donations in this fiscal year alone. Some of the 'local heroes' who have sponsored our work include; Lococos, IGA, Royal Bank, Niagara Falls Hydro, St. Paul High School, Club Italia, and most recently we were 'adopted' by the Niagara District Labour Council. We are a volunteer ddven organization, with over 250 combined hours being contributed by individuals each week to staff the youth centre, fundraise, and complete administrative functions. Lighthouse is a partnership program with Niagara Regional Police and works in cooperation with Family and Children's Services, as well as a plethora of other social service organizations. We have the support of our local politicians at the Provincial (Bart Maves, MPP) and Federal (Gary Pilliterri, MP) levels and recently received a grant from the Ontario Trillium Foundation that enabled us to hire our first - and only paid employee. We continue to be a 'cash poor' organization, with our revenues - which are predominantly generated through bingo events, barely covering our operational expenses. We do not currently, nor have we ever received any financial or material support from the City of Niagara Falls. I have enclosed a brief list for your perusal of ways through which the City of Niagara Falls could assist with our work. Please give careful consideration to each item and determine whether or not it would be feasible to approve that request. We are most appreciative of any support that you may be able to offer us. If you require any additional information please do not hesitate to contact me - at your convenience. Thanking you for your valuable time and looking forward to further communication. Regard/e~l ~ Deborah Gatenby, M.A. (Executive Director) 4566 , , / Victoria Ave, Niagara Fails, ON L2E 486 Tel 9°5.357.'0113 Fax 905.357.9630 li¢lhthseL~iil3econ.orfl ,11 ITEMS REQUESTED FOR CONSIDERATION 1) Provision of funding: Any financial assistance that the City of Niagara Falls could offer would be greatly appreciated. These funds could be used to address some competing priorities like; on-site repairs and renovations, operational expenses, volunteer training and recognition, or the addition of paid security staff for special events at the centre (when our attendance climbs). The City could dictate the specific purpose of any funds provided and the method of accountability. 2) Provide a Pay Telephone: The City covers the expense of pay phones in other public places, i.e. parks and arenas. The number of youth utilizing the centre surely justifies the need for the phone on-site, and would eliminate the need for our clients to access payphones in nearby businesses. 3) Provide Additional Recycle Bins/Garbage Tags: We create a great deal of trash and recycling each week. Support in having these items all collected would be helpful. Special collection services when required would also be appreciated. 4) Help us help ourselves: We have applied for an additional monthly Bingo event and are on a waiting list. This second event would double our monthly revenues and enable us to be self-sufficient with our burgeoning operational costs. Does the City have any influence on setting priorities for this list? 5) Provide essential supplies/services: We really need a photocopier and cannot afford one. Printing services are also important for our brochure and flyers, especially when we launch the emergency youth hostel expansion. How about lending recreation equipment, scheduled free usage of City pools, baseball diamonds, ice rinks, etc. We require a bike rack very badly but cannot afford to purchase one, same goes for lockers and benches. How about allowing us to make our Volunteer Identifications at the City with existing equipment? We have wanted such ID for a long time but could not afford it. All these small practical things would make a big difference for us. 6) We will need storage space: As we prepare to convert for hostel use, we will require storage space for the items as we acquire them. We currently have all our additional square footage filled with household furnishings for 'Out-of-the Cold'; we cannot do our renovations until we locate alternate storage for them. Does the City have a suitable location available for our use that could be offered at no cost? We would share this space with 'Out-of-the-Cold', so this is an opportunity to assist two worthwhile charities simultaneously. 4566 Victoria Ave, Niagara Falls, ON L2E 486 Ph°ne'9'05.357.0113 Fax 905.357.9630 liQhthse~.beC°n.0rR' March 19, 2001 PHONE (519) MULTI-LINGUAL BRAILLE & LARGE PRINT ASSOCIATION 43 OAK STREET UNIT # 3 BRANTFORD, ONTARIO N3T 2A9 758-8509 CORPORATION OF THE CITY OF NIAGARA FALLS P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 ATTENTION: Office of the Mayor and City Council We all take our abilities for granted, and don't realize the potential of having business cards and documents brailled. This would enable individuals to take advantage of the same oppommities and services offered by our municipalities and govemment agencies. The Corporation of the City of Brantford saw the potential, and had all business cards brailled for the Mayor and Councillors. To the best of my knowledge, The Corporation of the City of Brantford is the first to take the initiative. Please direct your attention to the inclosed news paper clipping and letter of recommendation. For inquiries: Please contact Janice Buckley at the above address or phone (519) 758-8509 We would be pleased to submit a tender upon your request. looking forward to heating fi:om you in the near future. Thank you. Sincerely ,. ~ , , Janice Buckley C.E.O. PS Re: enclosed News paper clipping. Many students attending The W. Ross MacDonald School (for the Blind) reside in different communities throughout the province of Ontario. encl: 3 " OFFICE OF THE MAYOR April 3, 2000 To Whom It May Concern: I have been associated with Multi-Lingual Braille and Large Print Association for many years. They have produced my business cards in braille and large print which has given the visually challenged the opportunity to contact me independently. Multi-Lingual Braille and Large Print Association is a non-profit organization. They have provided many organizations, such as restaurants, stores, real estate agencies, law firms, and pharmacies with braille or large print. They have also created employment opportunities for physically challenged individuals which has increased their level of independence. To my knowledge, there is no other braille or large print service available within our community, and I feel that there is a tremendous need for their services. Sincerely, CF'.jm H:~Jolt ETTERS.2OOOtmultfllngualbrallle. wpd THE CORPORATION OF THE CITY OF BRANTFORD CITY HALL ! OO WELLINGTON SQUARE BRANTFORD, ONTARIO N3T 2M3 (519) 759-4150 1'519) 751-7109 FAX OFFICE OF THE MAYOR May 25, 1998 Multi-Lingual Braille & Large Print Association 146 Colborne Street E. Brantford, Ontario N3T 2G6 Attention: Janice Buckley, C.E.O. Dear Ms. Buckley: It is with pleasure that I support the Multi-Lingual Braille and Large Print ASsociation by having brailled business cards. The brailled business cards are very effective and demonstrate Brantford as a progressive community. I have received a number of favourable comments from people receiving my card. In response to your request for a list of Mayors in Ontario, my office has a directory of Municipalities in Ontario that list the current Mayors and their contact information. The directory is required by my staff on a daily basis however if you require any information from it, the directory is available to you at my office. Sincerely, lei ~YOR CF:las THE CORPORATION OF THE CITY OF BRANTFORD CITY HALL 100 WELLINGTON $OUARE BRANTFORD, ONTARIO N3T 2M3 (519) 759-4150 (519) 751-7109 FAX MEDICAL STUDENTS OF ONTARIO Mr. Wayne Thompson Mayor Niagara Falls, The City of PO Box 1023, 4310 Queen St. Niagara Falls, ON OL2E 6X5 March 6, 2001 Dear Mr. Thompson, We are writing to you about unaffordable medical school tuition and its effects on the current physician shortage that is affecting communities across Ontario, including Niagara Falls. Research has long shown that a medical student from an underserviced area is much more likely to return to practice in an underserviced area. Unfortunately, the provincial government and the universities have established significant financial barriers that discourage students from underserviced areas from entering medical school. After the provincial government de-regulated medical school tuition in 1998, tuition levels skyrocketed more than 300%. For example, medical students at the University of Toronto now pay $14,000 a year for tuition alone, while student loans only provide $11,000 for tuition and living expenses. The overall cost of a medical education is now in excess of $110,000 at some universities. This shortfall between tuition levels and student aid funding is one reason why the average family income of new medical students has risen at the University of Western Ontario from $80,000 before tuition de- regulation in 1998, to over $140,000 today. Compare that to the Statistics Canada average family income for Niagara Falls. Students from Niagara Falls who want to study medicine have always faced an additional financial burden as they are forced to live away from home for their university education (a minimum nine years) while students from larger centres can reduce costs by staying at home. We fear that this pattern of dramatic and continuing tuition increases will limit the ability of students from your community and other similar communities to attend medical school. The medical students of Ontario are working on creative ways to address the physician shortage across Ontario. One effort is our Rural Outreach Program which has medical students visiting high schools in underserviced communities across Ontario to encourage students from those communities to consider attending medical school and then eventually return home as physicians. This effort Will unfortunately be for naught 423 Ce~tral Avenue, U~it t ,, LondOn ,, O~tario ,, N6B 2E4 if tuition continues to increase so that families from underserviced areas can no longer afford the cost of tuition. Unlike most other university programs, medical school tuition is completely unregulated and more increases are expected. While there are programs aimed at encouraging physicians to practice in an underserviced area, paying money to a fully trained 30 or 35 year old physician, is not going to help a 23 year old first year medical student pay his/her tuition today. Unaffordable tuition bills are limiting the ability of children from average income families to attend medical school. This is unfair. It discourages students living in underserviced communities who face the additional cost of living away from home from attending medical school and worse, the number of physicians likely to practice in areas such as Niagara Falls is further diminished. The health needs of Ontarians are incredibly diverse. To address these needs, Ontarians need physicians from all communities and backgrounds and this simply won't happen in an environment where tuition is $14,000 and increasing. We need your support in urging the Government and Universities of Ontario to ensure that medical education remains accessible to Ontarians from all backgrounds and communities. We ask that you to contact Dianne Cunningham, the Minister of Colleges, Universities and Training; Tony Clement, the Minister of Health and Long-Term Care; your MPP; and your local university president to let them know that you are concerned about the future effects of unaffordable medical school tuition on the health care available in Niagara Falls. We are including a sample letter here for you to consider when writing to these officials. In addition, we have included a sample resolution which your community organizations and associations may be interested in considering. This resolution is one way to publicly state your support for accessibility of medical education. With your help we want to ensure that medical school remains accessible to talented and dedicated students from all communities across Ontario. Specifically we are asking that medical school tuition be capped and reregulated at an accessible level (e.g. pre- deregulation levels plus inflationary increases) and that financial aid be increased to reflect the actual costs of a medical education. You can reach the Minister of Health and Long-Term Care, and the Minister of Colleges, Universities and Training at the following addresses: The Hon. Dianne Cunningham Minister of Colleges, Universities & Training 6th Floor, Mowat Block, 900 Bay St. Toronto, ON M7A 1C2 The Hon. Tony Clement Minister of Health and Long-Term Care Hepburn Block, 10th Floor 80 Grosvenor St. Toronto, ON M7A 2C4 For a list of MPPs and local university presidents please see the attachments enclosed. 423 Central Avenue · Unit 1 · London · Ontario · N6B 2E4 We hope we can count on your support to ensure a supply of physicians to all underserviced communities and to give students from all communities and backgrounds the chance to serve their community as a physician. Sincerely, Gabrielle Bouhenic VP External McMaster University Michael Warner VP External Queen's University Fawzi Mankel VP External University of Ottawa Sabrina Lim-Morrison VP External University of Toronto Danielle Martin VP External University of Western Ontario 423 Central Avenue * l...Ji~it 1 ,, London * Ontario ~, N6B 2E4 SAMPLE LETTER TO SEND Dear Sir or Madam, I am writing to you today to express the deep concerns of my community regarding the future of our physician supply. The costs of a medical education have risen to the point where many local young people may decide that becoming a doctor is out of reach. Young people from rural areas do not have the option of remaining at home for any part of their university education. As a result, they face the highest costs of any university student in pursuing their career dreams. Disturbing evidence from the University of Western Ontario shows that the numbers of students in the class from family incomes below $60,000 dropped precipitously as tuition rose in the last four years. Students from rural areas are the most likely to return to those areas to practice. It is critical for our community to have young people interested in a medical career as the physician shortage worsens. Unfortunately, the very citizens of our community who could fill that shortage may find that a medical bducation is too expensive to pursue. Unfortunately, the government's Return of Service Program is not useful for medical students during their education. Since it only reimburses students in their final year of medical school, it does not help them pay living and other expenses during their undergraduate university education. Furthermore, the $40,000 promised is but a small part of the full cost of medical education, which has been estimated at over $110,000 at some universities. Other sources of potential financing have been outpaced by tuition increases. OSAP, the provincial government loans program, has not changed loan maximums in over 10 years. Tuition at three schools in Ontario now exceeds the max:.mum loan available, with nothing left to cover basic living expenses. The impossibility of financing a medical education weighs heavily on the young people of my community. The Canadian Federation of Medical Students (CFMS), through its Rural Outreach Program (CROP), is working to get rural high school students interested in a career in medicine. Unfortunately, CROP cannot change the financial reality facing many of these students, and without concrete attempts to make medical school financially accessible such programs will not fulfill their po ten rial. cont.,. I strongly urge you to make medical school accessible to the people in my community. Specifically, freezing and re-regulating tuition at an accessible level for all Ontarians (e.g. pre-deregulation levels plus cost of living expenses) would ensure that it not continue to spiral to the point where it is only accessible to the rich. As well, increases in government loans must also occur to a level that finances both tuition and living expenses. The physician supply crisis is detrimental to the citizens of my community. I feel that the young people in our community are our only hope for securing the quality of our health care well into the future. I hope you will work to reduce the barrier to medical education. Sincerely, Community Leader SAMPLE RESOLUTION OF SUPPORT FOR ACCESSIBILITY TO ONTARIO MEDICAL SCHOOLS WHEREAS medical school tuition was deregulated by the Ontario Government in 1998; and medical school tuition has, and continues to increase in excess of 300% such that at some Universities tuition is now $14,000; WHEREAS the combination of excessive tuition and frozen student assistance have impaired students' accessibility to a medical education; WHEREAS the physicians most likely to practise in an rural area are originally from rural areas themselves; AND WHEREAS unaffordable tuition disproportionately excludes medical students from rural communities; BE IT RESOLVED THAT <YOUR COMMUNITY NAME> calls upon the Ontario Government and the Universities of Ontario to ensure that medical education be made financially accessible to all qualified students; AND BE IT FURTHER RESOLVED THAT <YOUR COMMUNITY NAME> requests that medical tuition be capped and reregulated at a level accessible to all Ontarians, and that the Ontario Student Assistance Plan/Canada Student Loan program be adjusted, in order to ensure that Ontarians from all communities are able to afford a medical school education. ONTARIO MPPs g2§oma-Mardtoulin Barrie-Simcoe Bradford Beaches -East York Bramalea-Gore-Malton-Springfield Brampton Centre Brampton West-Mississauga Brant Broadview-Gerrard Bruce-Grey Burlington Cambridge Carleton-Gloucester Chatham-Kent-Essex Davenport Don Valley East Don Valley West Duf£erin-Peel-Wellington-Grey Durham Eglinton-Lawrence Elgin-Middlesex-London Erie-Lincoln Essex Etobicoke Centre Etobicoke Lakeshore Etobicoke North Glengarry-Prescott-Rrrssell Haldiman-Norfolk-Brant Halton Haliburton-Victoria-Brock Hamilton East Hamilton Mormtain Hamilton West Hastings-Frontenac-Lermox-Addington Huron-Bruce Kenora-Rainy River Kingston and the Islands Kttchener Centre Kitchener-Waterloo Lamb ton-Kent-Middlesex Lanark-Carleton Leeds-GrenvLIle London-Fanshawe London-North-Centre London West Markham Mississauga Centre Mississauga East Mississauga South Mississauga West .~fichael Brown Joseph Tascona Frances Lankin Raminder Gill loe Spina Tony Clement Dave Levac Marilyn Churley Bill Murdoch Cameron Jackson Gerry Martird~.rk Brian Coburn Pat Hoy Tony Ruprecht David Caplan David Turnbull David Tilson John O'Toole Mike Colle Steve Peters Tim Hudak Bruce Crozier Chris Stockwell Morley Kells John Has tings Jean-Marc Lalonde Toby Barrett Ted Chudleigh Chris Hodgson Dominic Agostmo Marie Botmtrogiarmi David Christopher Leona Dombrowski Helen Johns Howard Hampton John Gerretson Wayne K. Wettlaufer Elizabeth Witmer Marcel Beaubien Norman Sterling Robert Rrmciman Frank Mazzilli Dianne Ctmningham Bob Wood Dave Tsubouch5 Rob Sampson Carl Defaria Ivfargaret Marland John Snobelen cortt... ONTARIO MPPs CONTINUED... Nepean-Carleton Niagara Centre Niagara Falls Nickel Belt Nipissing Northumberland Oakville Oak Ridges Oshawa Ottawa Centre Ottawa South Ottawa-Van/er Ottawa West-Nepean Oxford Perth Middlesex Peterborough Pickering-Ajax-Uxbridge Prince Edward-Hastings Renfrew-Nipissing-Pembroke St. Catherines St. Paul's Sarnia-Lambton Sault Ste. Marie Scarborough-Agincourt Scarborough Centre Scarborough East Scarborough-Rouge River Scarborough Southwest Simcoe-Grey Simcoe North Stoney Creek Stormont-Dtmdas-Charlottenburgh Sudbury Thornhill Thtmder Bay-Atikokan Thtmder Bay-Superior North Timiskaming-Cochrane Timmins-James Bay Toronto Centre-Rosedale Trinity-Spadina Vaughan-King-Aurora Waterloo-Wellington Wentworth-Burlington Wh_itby-Ajax Willowdale Windsor-St. Clair Windsor West York Centre York South York West John Baird Peter Kormos Bart Maves Shelley Martel Michael Harris Douglas Galt Gary Carr Frank Klees Jerry Ouellette Richard Patten Dalton McGuinty Claudette Boyer Garry Guzzo Ernie Hardeman Bert Johnson Gary Stewart Janet Ecker Errde Parsons Sean Conway James Bradley Michad Bryant Caroline Di Cocco Tony Martin Gerry PhilLips Marilyn Mushinski Steve Gilchrist Alvin Curling Dan Newman Jim Wilson Garfield Dunlop Brad Clark John Cleary Rick Bartolucci Tina Molinari Lyn McLeod Mike Gravelle David Ramsay Gilles Bisson George Smitherman Rosario Marchese Al Pallidini Ted Amott Tord Skarica Jim Flaherty David Young Dwight Dtmcan Sandra Pupatello Monte Kwinter Joseph Cordiano Marlo Sergio UNIVERSITY PRESIDENTS Dr. Peter George President McMaster University Gilmour Hall Room 238 1280 Main Street West Hamilton, ON LBS 4L8 Dr. Marcel Hamelin Rector and Vice-Chancellor University of Ottawa Rector and Vice-Chancellor Tabaret Hall 550 Cumberland Street, Room 212 P.O. Box 450, Stn. A Ottawa, ON KIN 6N5 Dr. William C. Leggett Principal and Vice-Chancellor Queen's University Room 206, Second Floor, Richardson Hall 99 University Avenue Kingston, ON K7L 3N6 Dr. Robert J. Birgeneau President University of Toronto 27 King's College Circle Simcoe Hall, Room 206 Toronto, ON M5S 1Al Dr. Paul Davenport President and Vice-Chancellor University of Western Ontario Office of the President Stevenson-Lawson Building London, ON N6A 5B8 · nter-tllepitrtment flttemnruni~nm TO: Mayor Wayne Tfiomson DATE: April 3, 2001 gc Members of Council7 Tile or_qatt/zxrs of t~e above noteaf event are requesti~ tfiat Council7 Fttrcfiase a table. 4th Annual TARY ITALIAN An Evening of Fun & Socializing/ Enjoy a 7 Course Italian Dinner & Dancing with Larry's DJ Service CLUB ITALIA Kalar & Montrose Rd.. Niagara Falls $35 per person 6..00 pm Cocktails 6:30 pm Dinner 9:OO pm Dancing 54-2822 Mike Cicchino 356-1126 John Davidson 356-7 Doug Cook The Ci~'y of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 'i023 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-2001-30 April 9, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-30, Zoning By-law Amendment Application and Application for site plan approval AM-03/2001 & SPC-01/2001 6546 Fallsview Boulevard Proposed expansion to the Days Inn Hotel RECOMMENDATION: It is recommended that: 1) Council approve the above applications for a proposed expansion to the Days Inn Hotel at 6546 Fallsview Boulevard to permit a 2-storey addition to the existing 12-storey building and a 16- storey addition to an existing 2-storey portion of the development located on the south side of the 12-storey building; 2) the amending by-law by-law be prepared in accordance with Section 37 of the Planning Act to ensure that all street frontages are improved in accordance with the forthcoming Streetscape Master Plan; That Fallsview Boulevard would be dealt with as indicated in the report alow, with construction works that are undertaken. 3) that Council approve a 1.5 metre encroachment into the Portage Road right-of-way for a wind deflector at the 5* storey; and 4) the site plan agreement/section 37 agreement include conditions that address the recommendations of the Architectural Peer Review Committee, with respect to architectural treatments of the existiw, prooosal EXECUTIVE SUMMARY: The applicant has requested an amendment to the Zoning By-law to permit a 2-storey expansion to the existing 12-storey hotel building and 16-storey addition to an existing 2-storey portion (18 storeys total) of the hotel on the south side of the building directly adjacent to Portage Road. The lands are currently zoned TC-114 which permits the existing 12-storey hotel. The amendment requests that a new site specific zoning be applied to permit the proposed development, The request for a site specific amendment can be supported for the following reasons: Working Together to Serve Our Community Clerk's Finance Human Resoumes Information Systems · Legal Planning & Development April 9, 2001 - 2- PD-2001-30 The proposal is within the intent and purpose of the Official Plan. The development is recommended by the Architectural Peer Review Panel (APRP). The development will not have adverse impacts on the surrounding lands. The additions will add a distinctive element to the City skyline. Any outstanding issues concerning the development will be addressed in the site plan/section 37 agreement. CIRCULATION COMMENTS: Information conceming the requested amendments was circulated to City departments, several government agencies and the public for comment. Comments to date have raised no concerns other than the Municipal Works Departments who are requiring a 1 O-foot road widening along the full frontage of Fallsview Boulevard to be dedicated to the City. PLANNING REVIEW: 1. What is the history of the subject lands? The subject lands are currently zoned TC- 114 that permits the existing 12-storey hotel. The lands abutting to the east, the CP rail corridor, are zoned P which permits the existing one- storey parking deck that extends over the corridor within the air rights owned by the applicant. 2. Does the proposal comply with the intent and purpose of the Official Plan? Yes. The proposed development is in compliance with the intent and purpose of the Official Plan. It is located within the Fallsview Subdistrict, an area envisaged for up-scale accommodations, attractions, entertainment and retail facilities. All developments are to comply with the Tourist Area Design Guidelines which implement the Official Plan policies respecting the massing and orientation of tall buildings and their resulting impacts on the skyline, pedestrian and environment. The upgrading of the tourist areas is also an important goal of the Plan's tourism policies. The proposed development will result in the overall renewal and renovations of the existing 12-storey building due to the new roof structure, exterior cladding and the proposed additional tower. The new tower is located on the south side of the existing 2-storey structure. The combination of the existing 12-storey building and the new 18-storey tower will not contribute to "the wall effect" as the overall mass of the two structures is less than the maximum permitted under the Guidelines. The 18-storey tower is only approximately 50 feet wide: the resultant appearance will be a distinct stepped form. April 9, 2001 - 3- PD-2001-30 The policies also require improvements to the pedestrian realm both on-site and within the road allowance or right-of-way (ROW). In this instance, improvements would have to be made to both the Fallsview Boulevard and Portage Road ROW's. However, given that Fallsview Boulevard is to be widened because of the increased traffic flows from the increased development within the Fallsview District, it would be premature for the architect to design any proposed works at this time. It is more appropriate to have these works incorporated into the design of Fallsview Boulevard and to have them constructed with the road works. Because of this, the details of the streetscaping will be deferred until application is made for the second phase of development on the north side of the property. Through this application, and the Embassy Suites application, it has become apparent that the portion of Portage Road that extends east then south from the intersection of Fallsview Boulevard is in need ofa streetscape and urban design development that provides for an entry point to the Fallsview District, pedestrian circulation to and from the Incline Railway, and a viewing area of the Falls and upper rapids. The design architect and landscape architect have provided some interim landscape solutions to the area. The developer is, however, supportive of being involved in a cost sharing venture with all parties to undertake an urban design study of the area. In accordance with the Application Guidelines, the applicant submitted a pedestrian-level wind impact study and has completed Architectural Peer Review for the development. 3. What are the results of Architectural Peer Review? The review panel recommends approval of the application and that the following matters be addressed by the architect: Relationship to the street: Coordination of the development and landscape improvements along Portage Road, including the south face of the existing east parking area (the parking deck), in conjunction with the City's Streetscape Master Plan. Relationship to adjacent buildings: Confirm that the minimum separation distances are in conformance between the south face of the proposed expansion and the north face of the Ritz Motel (development). Location of parking and servicing: Provide a continuous sidewalk to the entrance lobby from Portage Road. Confirm that the servicing functions are in compliance with City requirements. Relocate the vehicle entrance from the 4-storey podium to thc east parking area. Architectural treatment: Develop distinctive massing and surface articulation and material change between the mid-tower section and the tower portion. April 9, 2001 - 4- PD-2001-30 Future hotel construction on-site: Based on non-compliance with setback requirements from Portage Road, the applicant enter into a section 3 7 agreement with the City that future development above 10 storeys in height on-site be in full compliance with the Tourist Area Development Strategy (TADS) and the (Official Plan's Tourism policies) and the following criteria: that a future extension of the currently proposed "slab" building will not be considered (TADS minimum distance separations between buildings on the same lot must be in compliance); and the future development on this site take the form of a "point tower" as indicated by the applicant (and his architect) during the February 20, 2001 meeting. Since the release of the APR panel report, the architect has revised the plan submission in order to address the matters raised. Interim landscaping is proposed for Fallsview Boulevard and Portage Road, servicing details have been provided and architectural treatments made to the building in order to provide wind deflection and surface articulation. 4. What are the conclusions of the pedestrian-level wind study? The wind study concluded that the wind impacts felt by pedestrians will not improve because of this development and funnelling of the wind will occur along Portage Road between it and the Embassy Suites development. This section of Portage Road is essentially a "hole in the wall" according to the engineering consultant. However, on-site conditions should improve at the following areas: the main entrance due to the canopy and entrance vestibule on the west side of the building. the east side parking deck will be more sheltered from west wind due to the increase in building height. the arcade area along Portage Road which should experience more improvements as the architect has introduced a balcony and wind screen at the 5th floor. It should be noted that the wind screen will project 1.5 metres (5' 0") into the Portage Road right- of-way. As such, an encroachment agreement will be entered into with the developer. 5. What are the conclusions of the sun/shadow study? The sun/shadow study concluded that generally, the shadowing will be contained within the limits of the applicant's lands and will only affect the areas noted below: Areas to the north and east of the intersection of Fallsview Boulevard and Portage Road within the municipal right-of-way (ROW) will experience shadowing from September to March. April 9, 2001 - 5- PD-2001-30 A very small portion of land on the northwest comer of Fallsview Boulevard and Portage Road will experience shadowing from September to March. The extent of the shadowing should not comprise the development potential of these lands. The development will cast shadows onto the servicing and loading area of the new casino, located to the east of the development from September to March. This is not seen as being significant as it is only the servicing and loading area that will be affected together with a portion driveway out to Portage Road. The shadowing probably will not extend onto the Niagara Parks Commission lands at the top of the incline railway (designated Open Space in the Official Plan). This fulfills the requirement of the Plan that states shadowing is not to be east onto Open Space lands. 6. What are the conclusions of the traffic impact study? The traffic impact study concluded the following based upon the City's plans to widen Fallsview Boulevard: The traffic generated by the 68 additional rooms will have little or no measurable impact on the intersections of Fallsview Boulevard with Portage Road and with Dixon Street. The existing driveways can easily accommodate the increased traffic. It should be noted however than Municipal Works has recommended that the northerly driveway be closed due to its close proximity to the future signals at Fallsview Boulevard and Dixon Street. The existing on-site parking will accommodate the proposed expansion. 7. Is the requested amendment appropriate? Yes. The amending by-law will be written in the same manner as those prepared for previous high-rise hotels. The by-law will contain provisions regulating the location and extent of each portion of the development. It will also contain provisions requiring the owner to enter into a section 37 (bonusing) agreement that will cover streetscaping the future development and architectural elements. 8. What agreements will be required? Subsequent to approval of the applications, a site plan/section 37 (bonusing) agreement will be prepared. The agreement will contain conditions regarding architectural elements of the current proposal, interim streetscaping and dedication of 10-foot road widening across the full frontage of Fallsview Boulevard. The APR panel has recommended that the section 37 agreement contain detailed conditions regarding the future second phase of development. These conditions would require full compliance with the architectural design guidelines. As the future second phase is to be higher than 10 storeys, according to the applicant it will be subject to peer review which will reveal any discrepancies with the guidelines plus any possible solutions. Because of this, the section 37 agreement is not considered necessary. April 9, 2001 CONCLUSION: - 6 - PD-2001-30 Based on the foregoing, staff is recommending that the proposal be approved. The development is within the intent and purpose of the Official Plan. Adjoining lands will not be adversely affected and should add a distinctive skyline element. "Y'6I~amsley - ' PlaLnner 2 Respectfully submitted: ~dhTe~rAd P'dm~;tt~gative Of icier Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:am Attach. FILE: S:~PDRX2001 ~PD2001-30.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 6546 Fallsview Boulevard (formerly Buchanan Avenue) Applicant: Oakes Drive Motel Limited AM-03/2001 1 :NT S I! NIA~A DATE: TO: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM April 4, 2001 Steve Daniels Planning and Development Department . Public Meeting Zoning By-law Amendment Application (AM-03/2001) Applicant: Oakes Drive Motel Limited Proposed: Two-Part Addition to Days Inn 6546 Fallsview Boulevard (formerly Buchanan Avenue) City of Niagara Falls Our File: 04.000.560 (AM-17/91) We have no objection to this zoning by-law amendment in order to permit a two-part addition to Days Inn. The additions consists of: two additional floors to the existing 12-storey tower a new 16-storey tower to be added on top of an existing 2-storey part of the hotel located on the south side of the 12-storey existing tower We note that servicing is the responsibility of the City of Niagara Falls. However, the owner of commercial or industrial premises is required to comply with the Regional Sewer Use By- law//3308-83. Under Section 6 (a) of the By-law, a suitable manhole at the property line must be installed and maintained to allow for observation, sampling and measurement of sewage flow. Regular reports regarding the discharges must also be made to the Environmental Services Division. Also, in accordance with Section 4 (2) of the By-law, an interceptor will be necessary for the removal of grease, flammable wastes, sand or other harmful ingredients. The owner should discuss this matter with Mr. Mike Glynn, C.E.T., Manager Environmental Technical Services, at 905-685-4225, extension 3211. Willia-ni J. St~_ss,'C-.E. . T. Supervisor Development Approvals DR/cm L:\Engineering-Planmng-and-Developmcnt\Rusnak-Dave\Niagara Falls\3481 .s.daniels.memo.doc c: B. Mclnnis John Barnsley, City of Niagara Falls, Planning Department M. Glynn ~. woNiagara The City of Niagara Fallsl Canada 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 April9,2001 Doug Darbyson Director PD-2001-31 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-31, Zoning By-law Amendment Application AM-07/2001, Joe Butera Agent: Italia Gilberti 7868 Oakwood Drive Industrial Mall, Hotel RECOMMENDATIONS: It is recommended that: 1) Council approve the zoning by-law amendment application to facilitate the development of an industrial mall comprised of several buildings including office, retail, restaurant and industrial space and a 3-4 storey, 108 unit hotel with a 700-seat conference centre. 2) Council pass the amending by-law, included in tonight's agenda, to implement the application. THE PROPOSAL: An amendment is requested for the land known as 7868 Oakwood Drive, containing the Oakwood Industrial Plaza, and some vacant land to the south shown on Schedule 1. The amendment is requested to facilitate the development of an industrial mall comprised of several buildings including office, retail, restaurant and industrial space, and a 3 to 4-storey, 108 unit hotel with a 700-seat conference centre. Refer to Schedule 2 for further detail. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development April 9, 2001 - 2 - PD-2001-31 THE AMENDMENT: The land is currently zoned in part a site specific Prestige Industrial (PI-321) zone and in part the City's standard PI zone. Additional site specific zoning provisions are requested to be added to the zoning of the land to provide alternative development standards and to add the following to the list of uses permitted on the land: (a) Contractor, tradesman and material supplier's office and shop with or without a wholesale and retail showroom and outlet inclusive of home and office furnishings or appliances and audio, video and electronic equipment; (b) Commercial services such as banks and other financial institutions inclusive of money exchanges, restaurant and coffee shop with or without drive-thru pick-up, print shop, personal service, service shop, computer service, secretarial services, one convenience retail store of not more than 300 sq. metres, postal courier and delivery service, ambulance service; (c) Corporate offices; (d) Business and technical offices such as architect, surveyor, lawyer, planner, accounting and bookkeeping, interior designer, graphic designer, advertising agency, marketing and promotion, land development and associated real estate, construction management; (e) Hotel and/or Motel with a Conference Centre; and (f) Health and fitness facilities and private clubs. CIRCULATION COMMENTS: Municipal Works A road widening is required to achieve a 23-metre wide road allowance for Oakwood Drive. A traffic impact study is required. The applicant should obtain approval to outlet stormwater flows to the Ontario Power Canal located immediately east of the subject land. The development will be subject to Site Plan Control. The above items can be addressed through the Site Plan approval process. Parks, Recreation & Culture No objections. Fire Services No objection. Fire Safety concerns can be addressed through the normal Site Plan review and Building Permit processes. April 9, 2001 - 3 - PD-2001-31 Building & By-law Services All required Building Permits to be obtained prior to commencement of construction. Ontario Building Code issues shall be addressed during the Site Plan Agreement process. The site plan application will have to be prepared by an Architect and Professional Engineer in accordance with section 2.3.1.1 of the Ontario Building Code, and separate Building Analysis forms will be required for each building. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. The proposal is a prestige industrial business mall. The application has been submitted by Joe Butera who owns the land and built the existing single-storey industrial mall along the northerly property line. The majority of the property is currently vacant. The applicant proposes to construct a 1-storey addition beside and a 2- storey addition on top of the existing building and convert it into commercial service and office space and a prestige service centre. He also proposes to construct a 1-storey, 734 square metre (7,900 square foot), 250 ~ 300 seat food court/restaurant with 2 drive-through pick-up windows, and a 2-storey, 1,613 square metre (17,360 square foot) technical/professional office building along the southerly property line. At the back of the property the applicant proposes to construct a 3 to 4-storey, 108 unit hotel with a 700-seat conference centre. The 267 square metre (2,880 square foot) building which currently exists in the northeast comer of the property is proposed to be used as a maintenance/site office. 2. The proposed development is within the purpose and intent of the City's Official Plan. The land is designated Industrial in the City's Official Plan and located in the portion of the Drummond Industrial Area which is exposed to the Q.E.W. Conventional industrial operations, service industries, uses ancillary to industrial operations, commercial services, corporate and business offices, health and fitness facilities, conference centres and private clubs are permitted to be developed on industrially designated land. The land is located in an area which is intended for prestige industrial and business park uses which require visual prominence and which foster a good impression of the community but which is currently in its early stage of development. A new development trend in larger municipalities throughout Ontario is the provision of commercial services, such as restaurants and accommodations, in industrial districts to service industries and their personnel. According to the City's industrial policies, Council can entertain amendments to the Zoning By-law to progressively accommodate changing market conditions and new development trends such as this. April9,2001 -4- PD-2001-31 Because this area has excellent exposure to and is easily accessed from the Q.E.W. similar applications can be expected for this area in the future as its potential is realized for businesses requiring a highly visible location. The proposed development is high quality. Fifteen percent of the site is proposed to be landscaped open space. Buildings are proposed to be well set back from abutting properties. Customer parking spaces are proposed to be well dispersed throughout the site and buffered with landscaped boulevards. Parking for the hotel/conference facility is proposed to be provided at the back of the site out of view of the travelling public. No outdoor storage is proposed. Although a traffic study is required to determine such issues as whether turning lanes are required and if the number of entrances to the site should be reduced, the development is not expected to have an adverse impact on traffic in the area. Through proper fencing and the provision of the noted landscaping, the proposed development is expected to be compatible with the adjoining properties. Therefore, the proposed development is considered an appropriate land use which is within the purpose and intent of the Official Plan. o The proposed development will be regulated and guided by special provisions in the amending by-law. The land is currently zoned in part a site specific Prestige Industrial (PI-321) zone and in part the City's standard PI zone. The site specific PI-321 zoning on the northerly quarter of the site permit is to be used for a public garage (auto body), carpenter shop, contractor's or tradesman's shop, machine shop, and a shop for the repair and servicing of goods, machinery and equipment in addition to all of the other uses allowed by the standard PI zone. In addition, the zoning prohibits any part of the front or interior side yards from being used for outside storage. The requested zoning will add additional site specific by-law provisions to the land. The requested zoning provisions are somewhat similar to the ones that have been applied to properties in the City's Kent Industrial District, Oakes Industrial Area (Stanley Avenue and George Street), Momson/Dorchester Industrial Area, and to a lesser degree in the City's Industrial Park south of Niagara Square. A significant difference between the zoning on these other properties and the zoning requested for the subject land is the request to include a provision allowing a hotel with a conference centre. This is the first time Council has been requested to allow accommodations in an industrial area. The request is unique in that the site is only 182 metres (600 feet) from approximately 18 hectares (45 acres) of land that is already designated and zoned for hotels, motels and/or conference facilities and is intended to cater to the travelling public and can service nearby industrial districts. Nevertheless, staff is not opposed to the hotel and conference component of the proposal because the City's Official Plan makes allowances for these uses in industrial areas and it will complement the balance of the development proposed on the site. If approved, the amending by-law should specify the maximum size and location of the hotel and conference centre on the property. April 9, 2001 - 5 - PD-2001-31 In addition to the aforementioned list of uses which are requested to be allowed on the land, a number of modifications are requested to the regulatory provisions that would guide the development of the site. A minimum front yard building setback of 12 metres (39.4 feet) is proposed whereas the current zoning would allow a minimum front yard setback of 10 metres (32.8 feet). The slightly larger setback will assist in giving the development a more spacious business park appearance which is desired. For the same purpose, the maximum lot coverage provision is proposed to be reduced from 60% of the site down to 40% and the minimum landscaped open space provision is proposed to be increased from 5% of the site up to 15%. The provision which regulates the maximum height of the buildings is requested to be increased from 12 metres (39.4 feet) to 20 metres (65.6 feet) to permit the proposed hotel to be constructed with a 5.79 metre high (19 feet) pitched roof. Staff is not adverse to this request because it will allow the hotel to have a more traditional appearance and the pitched roof will not have an adverse impact on the abutting properties. CONCLUSION: Based on the foregoing, staff recommends the requested amendment to the City's Zoning By-law which is within the purpose and intent of the City's Official Plan. The site is ideally suited for an industrial mall and should fit in with the character of the surrounding area as it develops. The amending by-law appearing in Council's agenda tonight will implement the development. Prepared by: Ken Mech Planner 2 Respectfully submitted: ~ar~ e~~ni~ve~fficer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services K. IVI: am Attach. S :~PDRk2001 h°D2001-31 .wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 7868 Oakwood Dr. Lot 3, Part of Lots 2 & 4 and Part of Block "A", Plan 144 Applicant: Joe Butem Joe's Concrete Works Ltd. Joe Butem Holdings (Niagara) Inc. Joe Butera, in Trust AM-07/2001 1 :NTS SCHEDULE 2 PLANNING AND DEVELOPMENT DEPARTMENT The ReGional Municipality of Niagara 3550 6chinon Parkway, P.O. Box 1042 Thomld, Ontario 1_2V 4T7 Telephone: (905) 984-3630 Fa~c (905) 641-$208 E-mail: Dlan~reaional. nlaqari~,on.o~ April 5, 2001 File: M. 11.27 Mr. Doug Darbyson, MCIP, RPP Director of Planning City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Feuillet~ de ~nsmission par t~l~copieur Post-it" Fax Note 7671B phone # l N~' de l~l. Dale / ~ o/paga= Fa~ · I N" de lelltcopleur F~ # I N~' de ~A~coMeU~ Dear Mr. Darbyson: Re: Proposed Zoning By-law Amendment Amend a site specific Prestige Industrial zone to permit a commercial industrial mall, including a hotel Oalo#ood Drive, south of McLeod Road City of Niagara Falls Your File: AM-0712001, [Joe Butera Holdings (Niaqara) Inc.1 This application proposes to amend the site specific "Prestige Industrial" (PI 321) zone and in part the PI zone currently applying to the Oakwood Industrial Plaza and vacant lands to the south.. The proposed amendment is to permit the expansion and development of a commercial/industrial mall comprised of severa~ buildings including: office retail, restaurant, industrial space and a 3-4 storey, 108 unit hotel. The site is located within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan. Urban development, including industrial and commercial uses, are permitted in this area by the Regional Plan subject to the development criteria of the local municipality. The Niagara Falls Official Plan designates these lands as Prestige Industrial. Provincial Review The easterly portion of this property abuts the Queenston-Chippawa Power Canal The Ministry of Natural Resources identifies the canal in this location as an "Important", Type 2 fish habitat. If there is any direct drainage from the site towards the canal, appropriate stormwater, erosion and sediment controls should be implemented at the site plan stage in order to ensure that there is no negative impact on the fish habitat. From a land use compatibility perspective, it would appear that the proposed development should be compatible with the industrial lands to the south. The Queen Elizabeth Highway (QEW) is located west of the property approximately 300 feet away. Although the Ministry of the Environment's (MOE) noise guideline (LU-131) includes indoor sound level criteria for the sleeping quarters of hotels, those criteria are presented by the Ministry as "good design objectives" only. The Ministry does not assess noise impacts on hotels. Given the close proximity of the property to the QEW, however, the applicant may wish to consider the inclusion of noise attenuation techniques in the design and orientation of the proposed hotel use. We are not aware of any other Provincial interests that might be affected by this development. In conclusion, Regional Planning staff have no objection to the approval of this application from a Regional or Provincial planning perspective. Implementation of appropriate stormwater, erosion and sediment controls, if required, can be considered at the site plan approval stage. Please send notice of the City's decision on this application. Yours truly, David J. Farley Assistant Planning Dire SD/ Regional Councillor W. Smeaton Mr. W. Stevens, Regional Public Works REGIONAL MUNICIPALITY OF NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT REGIONAL AND PROVINCIAL REVIEW COMMENTS Date: April S, 2001 To.' Mr. D. Darbyson, MCIP, RPP Director of Planning & Development Planning Department City of Niagara Falls Re: Zoning By-law Amendment No. 79-200 File No. M.11.23 Oakes Drive Motel Limited East side of Fallsview Boulevard, North of Portage Road, City of Niagara Falls Your File No. AM-0312001 Hearing Date: April 9, 2001 Proposal: This amendment proposes the addition of two floors to an existing 12- storey tower hotel and a new 16-storey tower which is to be added to an existing 2-storey part of the hotel. The proposed additions do not exceed the height limit for built structures as outlined in the City's Official Plan Amendment No. 26. REGIONAL REVIEW Regional Policy Plan; Urban Area Regional Public VVorks: Refer to Public Works Comments Regional Public Health: Not Applicable Additional Comments: PROVINCIAL REVIEW I Rased On available Information, this proposal affects/does not appear to affect the interests of the following Provincial Ministries: 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: INTERESTS INTERESTS AFFECTED NOT AFFECTED RECOMMENDATIONS ] Based on our review, Regional Planning Staff have no objection to the approval of this application. The following are additional comments or oondit[ons of approvaJ; Eric Conley, enior Planner-- /' Development Implementation Servlce~ Copy to: Regional Councillor W. Smeaton Mr. W. Stevens, Regions! Public Works P/ease send notice of Council's dec/sion. 3550 Schmon Parkway P.O. Box 1042-- Thorolcl Ont. L2V 4T7-- Phone (905) 984-;3630 FAX (905) 641-5208 I NIA~A THE REGIONAL MUNICIPALITY OF NIAGARA DATE: TO: SUBJECT: March 20, 2001 Steve Daniels Planning and Development Department Public Meeting Zoning By-law Amendment (AM-07/2001) Proposed: Commercial/Industrial Mall Applicant: Joe Butera Joe's Concrete Works Ltd. Joe Butera Holdings (Niagara) Inc. Joe Butera, In Trust 7868 Oakwood Drive City of Niagara Falls Our File: D.10.000.2 (AM-7/2001) We have no objection to the zoning by-law amendment to facilitate the development of a commercial/industrial mall. The project is comprised of several buildings, including office, retail, restaurant, industrial space and a 3-4 storey, 108-unit hotel, Please be advised that owners of commercial and industrial buildings are required to comply with the Region's Sewage Use By-law //3308-83, as amended. Under Section 6 (a) the installation and maintenance of a suitable manhole at the property line may be required to allow observation, sampling and measurement of sewage flows. Under Section 4 (2) the installation of an interceptor may be necessary for the removal of grease, flammable waste, sand or other harmful ingredients. The owner should discuss these matters with Mr. Mike Glynn, C.E.T., Manager of Environmental Technical Services at 905-685-4225, extension 3211, to ascertain the exact requirements for this proposal. Sanitary sewer connections will not be permitted into the Region's 54" diameter trunk sanitary sewer adjacent to Low Lift Pumping Station. Connections must be into the City's 15" diameter sanitary sewer located within Oakwood Drive. William J. ~l'~e~s,-C'.E.T. Supervisor Development Approvals WJS/cm 'L:\Engineering-Planning-and-Development\Rusnak-Dave\Niagara Falls\3447.s.daniels. memo.doc C: M. Glynn S. Iannello, P. Eng. Planning Department, City of Niagara Falls Ministry of Transportation Minist&re des Transports Ontario Phone: Fax: E-mail: (416) 235-4280 (416) 235-4267 peter.dorton~mto.gov.on.ca Central Region Corridor Management Office 7th Floor, Building D 1201 Wilson Avenue Downsview, ON M3M 1J8 March 30, 2001 Via Fax: 9-1-905-356-2354 (original by mail) Mr. Doug Darbyson Director of Planning & Development City of Niagara Falls City Hall, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Zoning By-law Amendment, File No. AM-07/2001 Lot 197, City of Niagara Falls (Stamford Twp.) ? ;~::'~;~-~LOP~N'r ~! Niagara Milleninm Gateway Project (Joe Butera) ............ ~*"' .... ~ ....... ~ 7868 Oakwood Dr., Lot 3, Part of Lots 2 & 4 and Block "A", RP 144 SE of QEW / McLeod Rd. IC This is in response to your circulation of Public Meeting Notice for the above noted proposed zoning by-law amendment. The ministry has no objections to the rezoning of the subject land, to facilitate development of a commercial / industrial mall. The site layout, as depicted on the preliminary Site Plan is acceptable, however, full scale Site / Servicing / Grading / Drainage plans should be included with MTO permit applications. In addition, a traffic impact study, assessing site volume impacts on QEW / McLeod Rd. interchange should be submitted for MTO review and approval. In light of other development proposed in the area (eg. Consent File B13 & B14/2001/NF, Consulate Ventures Inc.), we would respectfully suggest that the City co-ordinate a joint traffic study to be undertaken by all area developers, to assess cumulative interchange impacts and apportion any associated highway improvement costs. These development proposals may also generate the need for improvements at the intersection of McLeod Rd. / Oakwood Dr., for which comments should be provided by Niagara Region. Finally, a stormwater management report will also be required for MTO review and approval. MTO Building & Land Use and Sign permits are required prior to any on-site grading / construction activity. I trust these comments will be of assistance to you. Please feel free to contact me if you have any questions. Sincerely, Peter Dorton Project Manager CC. B. Stevens, Niagara Region (fax only: 9-1-905-687-8056) W. Stoyke The City of Niagara Falls~ Canada 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 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: April 9, 2001 Doug Darbyson Director PD-2001-32 Re: PD-2001-32, Zoning By-law Amendment Application AM-06/2001, Eagle Valley Golf Course Agent: Delia Iafrate 2334 St. Paul Avenue RECOMMENDATIONS: It is recommended that: 1) Council approve the zoning by-law amendment application to facilitate a number of service additions to the existing golf course and restaurant with the exception of the 5- storey, 46 unit inn/motel; 2) the applicant be required to prepare a sewage generation report that identifies the expected sewage generation for each component of the development: and 3) the amending by-law be presented to Council after the applicant has entered into an agreement with the City and all benefiting landowners to pay their proportionate share of common services and pay 50% of the cost of the street lights that were installed on St. Paul Avenue. THE PROPOSAL: An amendment is requested for the land known as 2334 St. Paul Avenue containing the Eagle Valley Golf Course. Refer to Schedule 1 to locate the land. The purpose of the amendment is to increase the floor area of the accessory buildings from 985 square metres (10,603 square feet) to 1,119 square metres (12,041 square feet), reduce the front yard setback from 12 metres (39.3 feet) to zero; and to add a health spa and inn/motel to the list of uses allowed on the land; allow more than one restaurant; increase the seating of the restaurants from 150 to 200; and increase the maximum building height from 10 metres (33 feet) to 14 metres (46 feet) to allow the inn/motel to be 5 storeys in height. Refer to Schedule 2 for further detail. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development April 9, 2001 - 2 - PD-2001-32 BACKGROUND: The land is currently zoned in a site specific Extractive Industrial Zone (EI-337) which permits the existing golf course and restaurant. The golf course use was permitted by zoning amendment in 1994 as a partial rehabilitation of the sand pit. On November 8, 1999, Council approved an Official Plan and Zoning By-law amendment application to recognize the existing golf course and ancillary restaurant as an open space use and permit a portion of the site to be subdivided into approximately 7 lots for single detached dwellings and a 1 O-storey apartment building at the southwest comer. The Official Plan policies for the apartment building are appealed to the Ontario Municipal Board. Council' s approval was given conditionally on the applicant entering into an agreement with the City and all benefiting landowners to pay their proportionate share of common services which were provided to the area. For the past 18 months staff met with the applicant several times in an attempt to formulate an agreement that is acceptable to all parties. The agreement is still an outstanding issue. If the current application is approved by Council, the proposed amendments will be incorporated in a site specific Open Space (OS) zone which is proposed to be applied to the land. However, the amending by-law will not be presented to Council until the applicant signs an agreement with the City and the affected landowners. CIRCULATION COMMENTS: Information concerning the requested amendment was circulated to City departments, several government agencies and the public for comments. The following is a summary of the comments that have been received: Municipal Works No objection to the further processing of the application provided that the applicant: (1) agrees to enter into an agreement with the City and all benefiting landowners to pay their proportionate share of common services; (2) pay 50% of the cost of streetlight installation on St. Paul Avenue to a total of $12,705; and (3) prepare a sewage generation report that identifies the expected sewage generation for each component proposed on the site. · Parks, Recreation & Culture No objections. · Fire Services No objection. Fire Safety concerns can be addressed through the normal Site Plan review and Building Permit processes. Building & By-law Services A Building Permit will be required to alternate/renovate the existing structure for a health spa. April 9, 2001 - 3 - PD-2001-32 · Public PLANNING REVIEW: A separate Building Permit will be required for the inn/motel prior to construction. Further comments will be made with regard to the Ontario Building Code during the Site Plan Approval process for the proposed development. Several letters ofobj ection have been received and are included in Council's agenda. The following is a summary of staff's assessment of the application: The proposal is to expand and diversify the services of a recreational golf course and to establish a new use on the land. The application has been submitted by Delia Iafrate on behalf of the Eagle Valley Golf Course. The existing 9-hole golf course, restaurant and pro shop were approved to be established on the westerly two-thirds of the land in 1994 after sand and gravel extraction had ceased because it was considered an appropriate rehabilitation use. Provincial policy requires sand and gravel pits to be rehabilitated after extraction has ceased. In 1999, Council approved a further application to amend the City's Official Plan and Zoning By-law to permit the golf course to expand to 18 holes after sand and gravel extraction has ceased on the easterly third of the land, continue to recognize the ancillary restaurant as an open space use, permit a portion of the site to be subdivided into approximately 7 lots for single detached dwellings and to permit the construction of a 1 O-storey, 101 unit apartment building including 929 square metres (10,000 square feet) ofneighbourhood commercial space. Council has since adopted site specific Official Plan policies for the site to guide development that was approved. The Region gave their approval to these policies in May 2000. Those policies dealing with a 10-storey apartment building have been appealed to the Ontario Municipal Board. The amending by-law is still pending the applicant entering into a servicing agreement with the City and all benefiting landowners in the area. In the past year and a half, staff has had several conversations with the applicant regarding her desire to offer additional services to her patrons. These discussions focussed on the proposal to convert an existing accessorybuilding near the front of the property for a health spa use and to convert the pro shop in the basement of the existing restaurant into another restaurant (sports bar) or additional seating for the existing restaurant. Staff was not adverse to these minor additions and felt they could be considered under the approved policies because the restaurant building already exists and felt the proposed health spa in another existing building would be compatible with the surrounding residential land uses. Although staff heard that the applicant was thinking of establishing an inn on the land, no details on the proposal or the process to have it approved were discussed. It appears that the applicant is trying to expand and diversify the services of a relatively small recreational golf course and to establish a new inn/motel use. April 2. 9,2001 -4- PD-2001-32 The majority of the proposed uses are within the purpose and intent of the City's Official Plan. The land is designated Open Space in the City's Official Plan with Special Policies (Area "27") applied to the northwest comer of land for a future residential plan of subdivision. A Residential land use designation applies to the southwest comer of the site for a 10-storey apartment building subject to special provisions. The height policy has been referred to the Ontario Municipal Board under appeal. The Open Space designation permits golf courses, private clubs and recreational uses. Uses ancillary to recreational, conservation and open space activities are permitted within the Open Space designation provided they do not harm or interfere with the open space nature of lands. The proposed health spa is similar in function to the ancillary uses already allowed in conjunction with the golf course, namely the restaurant and pro shop. The spa is proposed to be located in an existing building on the property. The use is low intensity, indirectly related to the golf course use and is not expected to have an impact on the up-scale residential neighbourhood across the street. Similarly, the proposal to change a portion of the basement of the existing restaurant into another restaurant for golfers (sports bar) appears to be equally innocuous. Therefore, these ancillary uses are considered acceptable and appropriate within the purpose and intent of the City's Official Plan. Staff acknowledges that a new development trend in the golf course industry is the provision of accommodation and time-share units. However, these facilities are usually integrated with the golf course in conjunction with resort/destination style golf courses and where accommodations are not available within a reasonable distance. The proposed inn/motel is not integrated with the golf course, it is a separate building and has its own driveway. This is a par 3 recreational course. Recreational golf courses do not typically include accommodation. In this case, there are ample accommodation options for the patrons of the subject golf course. This site is located in the urban area where accommodation options are already provided. The area has been developing as a lifestyle type residential community. The Neighbourhoods of St. David's is attracting residents who are downscaling their housing maintenance requirements. The previously approved residential subdivision and condominium apartment building will appeal to those interested in the recreational opportunities of the golf course. The request for the inn/hotel assumes a commercial function outside of any commercial district. It is oriented to the street and could function outside of the golf course use which would not be ancillary within the intent of the Official Plan. The use is out of character with the adjacent residential community. The supportable uses will be limited through the inclusion of special provisions in the amending by-law. The land is currently zoned a site specific Extractive Industrial (EI-337) zone which permits the existing golf course, driving range, restaurant, and pro shop. If the application is approved, additional special provisions will be added to the site specific Open Space (OS) zoning which Council approved in principle in 1999. The provisions will recognize the location and size of the existing building which is proposed to be used as a health spa, define the health spa, allow more than one restaurant and specify the maximum seating of the restaurants. The request to reduce the fi'ont yard setback to zero is inappropriate and would be out of character with an April 9, 2001 - 5 - PD-2001-32 open space use. Further, it does not appear to be necessary given that the closest building is set back almost 7 metres (23 feet) from the front property line. If Council decides to approve the inn/motel component of the application contrary to staff's recommendation, the applicant should be required to apply for a further site specific amendment to the City's Official Plan and the amending by-law should include provisions to establish the location of the inn/motel on the site, the maximum height of the building and the maximum number of rooms the inn/motel may contain. 4. Site servicing issues remain outstanding. The applicant proposes to further intensify the site and has not yet fulfilled obligations to site servicing requirements for the property, as part of the overall servicing strategy for the area. The owner agreed to participate in the construction of a pumping station to accommodate earlier phases of the development. The pumping station has been installed. The applicant has yet to sign the necessary agreements. Without these agreements, the further intensification of the site is inappropriate since it cannot be serviced. The owner proposes a fourth driveway access onto St. Paul Avenue on a steep grade where vehicles are accelerating. Before any development is allowed to occur on the site, consideration should be given to integrating traffic operations internal to the site to reduce the potential conflict on a busy arterial road. The owner has not yet paid the proportionate share of costs for streetlights installed on St. Paul Avenue. CONCLUSION: Based on the foregoing, staff is not able to recommend the entire application to amend the City's Zoning By-law. The proposed health spa, and additional restaurant space can be recommended because they will be located within existing buildings and will be compatible with the surrounding neighbourhood. However, staff is not able to recommend the proposed 5-storey, 46 room inn/motel. This component of the application is not within the purpose and intent of the City's Official Plan and would be incompatible and out of character with the surrounding residential neighbourhood. Prepared by: K~ech Planner 2 . ctfully subn)itted~ Edward P. Lustig Chief Administrative Officer Recommended by: Director of Planning & Development Tony Ravenda Executive Director of Corporate Services Attach. S APDRX2001 ~PD2001-32.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Description: 2334 St. Paul Avenue Part of Township Lots 16, 17, 24 & 25 Former Township of Stamford, now City of Niagara Falls AM-06/2001 Applicant: Eagle Valley Golf Course 1 :N-TS SCHEDULE 2 NIA~A DATE: TO: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM April 4, 2001 Steve Daniels Planning and Development Department Public Meeting Notice Zoning By-law Amendment Application (AM-06/2001) Proposed: Health Spa and Inn/Motel Applicant: Eagle Valley Coif Course ES of Regional Road 100 (2334 St. Paul Avenue) City of Niagara Falls Our File: 04.100.560 (AM-4/93) The zoning by-law amendment, if approved, will: increase the floor area of the accessory buildings · reduce the front yard setback · add a health spa and inn/motel · allow more than one restaurant · increase the seating of the restaurants · increase the maximum building height to allow the inn/motel to be 5-storeys This is a major intensification of land use and we assume that the City will place this property under site plan control, should the amendment be approved. We would request that no additional driveway be permitted to the proposed 5-storey inn/motel. The existing entranceway to the golf clubhouse/restaurant and driveway for the proposed 7- single family dwellings should be adequate to serve the proposed inn/motel. Any additional driveways on Regional Road 100 (St. Paul Avenue) would create unsafe and confusing traffic conditions, which would hinder any further development of this site. ~ ........ ' .... - ....... William)~-Stev~i~, C7E7'1~ '~P~ ~ $ 20[Jt Supervisor Development Approvals DR/cm L:\Engineering-Planning-and-Development\Rusnak. Dave\Niagara Falls\3480.s.daniels.memo.doc c: B. Mclnnis K. Mech, City of Niagara Falls, Planning Department RPR 04 '01 OI~:4StAM CMRP TOROMTO V~A FAX: 905-356-2354 P. 1/2 277 Front S~reet West Toronto, Ontario MSV 2XT 30 March 2001 Mr. Doug Darbyson Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Your File: AM-06/200! Our File: TS-4500-GRM-003-23 Dear Mr. Darbyson: Re: Proposed ,Zoning By-law Amendment 2334 St. Paul Avenue - Eagle Valley Golf Course Par~ of Lots 16, 17, 24 and 25, former Township of Stamford Northeast corner of St. Paul Avenue and Mountain Road We have reviewed your leLter dated 9 March 2001, regarding the above noted application and have the following comments: !, The Zoning By-law shall require a minimum building setback from the railway right- of-way of 30 metre. We recommend the Owner engage a consultant to undertake an analysis of noise and vibration and provide abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment. The Owner must construct and maintain an earthen berm a minimum of 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. The Owner must install and maintain a chain link fence of minimum 1,83 metres height along the mutual property line. :In order to ensure that there will not be any problem with trespassing or other encroachment onto CN property a higher fence and/or netting may be necessary. Tel, 416.217.6961, Fax 416,217,6743, geoff, woods@cn.ca ~ 04 '01 08:44RH CNRP TORONTO P.2/2 -2- Sm Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. We specifically request that the city include the setback, safety berm and fencing requirements in the Zoning By-law Amendment and that the Owner register on title an Agreement with CN, stipulating how CN's concerns will be addressed, prior to the passing of the By-law. Should Council deride to approve the Amendment without incorporating the above requirements, we have no alternative but to request that this Amendment be referred to the Ontario Municipal Board pursuant to the provisions of the Planning Act, R.S.O. 1990, C.P.13. We would appreciate the opportunity to comment on any proposed modification prior to its adoption, and ultimately, we request notice of the Amendment being approved. Should you have any further quesUons, please do not hesitate to contact the undersigned at (416) 217-6961. Geoff Woods Development Review Coordinator Tel. 4;[6.217.6961, Fax 416.217.6743, geoff, woods@cn.ca M. David Cottle 6348 Forest Ridge Drive, Niagara Falls, Ontario Canada L2J 4K2 March 15, 2001 Mr. Doug Darbyson Director of Planning and Development City Hall 4310 Queen Street Niagara Falls ON L2E 6X5 Re: Zoning By-law No.79-200 Amendment Application City File AM-06/2001 Dear Mr. Darbyson, As a neighbouring property owner, I strongly object to the requested zoning amendment, for the following reasons: 1. A motel in this location is incompatible with neighbouring land use for upscale residential development. 2. Approval of the proposed amendment would stall residential development at The Neighbourhoods of St. Davids facing the land in question. Addition of a motel plus stalled residential development would substantially devalue existing homes - including my own - in The Neighbourhoods of St. Davids, as well as new homes presently under construction. The escarpment access to Niagara Falls from St. Davids via St. Paul Avenue is one of the few scenic and pastoral approaches to the City, and it is a popular leisure-time route to Niagara-on-the. Lake for City residents. Don't spoil it by turning it into another Lundy's Lane! When individuals invest their life savings in an expensive new home in Niagara Falls, it is reasonable to expect that the City won't suddenly change the local zoning so as to radically alter the character of the neighbourhood and undermine property values. cc: Norm Puttick Selina Volpatti Yours truly, M. David Cottle FRED & CATHERINE CLARK 628S STONmqELO PARK NIAGARA FALLS, ONTARIO L2J 4K1 March 18, 2001 Director of Planning & Development Niagara Fails City Hall 4310 Queen St. Niagara Fails, Ontario L2E 6X5 Dear Sir: Re: City File AM-06/2001 This letter will confirm our disagreement to the proposed rezoning of the 2334 St. Paul Avenue site. We purchased our home across the street from this site knowing that our view would be of a golf course not of an inn/motel. We selected this location for our home because there was little congestion and because there was a significant amount of green space across the street. We wanted a location that did not have the commercialism of the downtown area and Lundy's Lane. Should this area be rezoned and new buildings constructed, the property values will decrease, our open space will decrease, the congestion will increase and the area will become similar to Lundy's Lane which, to us, is unacceptable. We would like to see the area remain quaint and relatively quiet. By rezoning this area, the environment will be changed dramaticaily. We trust that you will reject the request for amendment and allow the residents to continue living in an area that remains the same as when the homes were purchased. Given the number of existing commercial areas, it seems inappropriate to develop a new one. We thank you for your attention to this letter. Yours truly, Fred Clark Catherine Clark Mr. Doug Darbyson Director of Planning and Development City Hall 43 l0 Queen Street Niagara Falls, ON L2E 6X5 Mr. and Mrs. Peter Burciul 230.8 Stonehaven Ave. Niagara Falls, ON L2J 4K1 (905) 356-1754 n.burciul~sympatico.ca Re: Zoning By-law No. 79-200 Amendment Application City File AM-06/2001 Dear Mr. Darbyson, As affected property owners, we must express our strong opposition to the requested zoning amendment, for the following reasons: 1. Approval of the proposed amendment would substantially devalue our home at 2308 Stonehaven Ave., which we purchased in December 2000 largely because of the surrounding natural beauty and the quiet, exclusively residential character of the neighbourhood. 2. By introducing noise and Waffle into the area, the proposed complex would substantially reduce the quality of life of residents in several subdivisions, including The Neighbourhoods of St. David's, Calaguiro Estates and Moretta Estates. When the interests of one commercial enterprise impinge on the interests of so many residents, it is incumbent upon the City to safeguard the rights of those residents. 3. As lifelong residents of Niagara Falls, we have too often seen approval given for small tourist operations only to have the initial proposal turn into a large enterprise, with no consideration given to the traffic, noise, etc. which adversely affect the quality of life of neighbouring residents. While we recognize and value the importance of economic development, we also recognize - as we hope you do - the importance of achieving a balance between commercial and residential areas. If Niagara Fglls is to continue to attract high-income settlers from the surrounding area, it will need ~to pay careful attention to creating and sustaining attractive residential areas. ' 2001 4. With the last point in mind, we should point out that there is ample land in the traditional 'tourist areas' for yet another motel and spa. This project should therefore not be allowed to encroach upon one of the few remaining exclusively residential areas. 5. The existing golf course provides an attractive transition between commercial and residential areas, and creates a welcoming approach to the city. Approval of this application would spoil the one remaining entrance to Niagara Falls which is not dominated by hotels, motels, traffic and noise. Having recently made the single largest investment of our lives, we feel that it is reasonable to expect that, that the City of Niagara Falls would not suddenly change the existing zoning, thereby radically altering the character of our neighbourhood and substantially &valuing that investment. Thank you for your time. We appreciate your attention to this matter and hope that it can be resolved in a timely and appropriate manner. Yours very truly, Peter Burciul Nida Burciul CC: Wayne Thompson Norm Puttick Selina Volpatti John W. & Kathryn L. Courmey 6281 Stonefield Park Niagara Falls, Ontario L2J 4K2 905-892-1288 The City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 ATTN: Mr. Doug Darbyson Director of Planning & Development .SUBJECT: Zoning By-law # 79-200 Amendment Application City File: Dear Mr Darbyson As a new homeowner in the immediate vicinity of the proposed Zoning amendment Application, I STRONGLY OPPOSE this amendment for the following reasons. 1. A Hotel/Motel of any size is not required in this area as there are at least two existing Motels on Mountian Road that have proved unsuccessful and are now rundown and shabby looking and pose a detriment to the area. 2. We purchased our new Home because of the tranquility of the area, in my opinion this proposal will certainly change that environment fi-om a now existing peaceful place to live to a very busy and unfriendly environment. This will also have a very strong NEGATIVE IMPACT ON FUTURE RESIDENTIAL DEVELOPMENT IN THE AREA and WILL HAVE A MAJOR IMPACT ON THE CURRENT VALUE OF OUR HOMES. Are there not enough empty Hotel/Motels in the Niagara Falls Area? I refer to the Lundy Lane Area. Have you driven in this area lately? Parking lots of the Hotel/Motels are empty most of the time, why add to this by building more in a mostly residential area. As evidenced in the Lundy Lane Area, Hotel/Motel development has also created a unwanted further development of Strip Clubs. Do we want these in our area? DEFINITELY NOT! We respect the rights of development, but please respect the rights of the existing Homeowners in the neighboring area to a peaceful and respectful residential environment allowing us to enjoy oUr lifestyles. As you are aware, we the existing homeowners have invested a lot of money and time to build our homes and develop a neighborhood that we are very proud of. With all respect we hope our voices and opinions will be taken seriously and this proposal will not go forward. My neighbours and I will be attending the forthcoming public meeting Monday April 9, 2001 to oppose this By-Law amendment. In the meantime, I would be prepared to meet with you our your designate at your earliest convenience to further discuss our objections. Your~~ J~W. Courtney L/ 6344 FOREST RIDGE ROAD, NIAGARA FALLS, ONTARIO, L2J 4K2 (905) 357-0809 FAX: (905) 357-61 '17 Monday, April 02, 2001 Mr. Doug Darbyson, Director of Planning and Development The City of Niagara Falls, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 Re: City, Fil~ Dear Mr. Darbyson: APR 0 2 ©~Vii~i./ The above file contains a request to amend an amendment to a zoning by-law #79-200 which as yet has not been consummated and is under appeal to the Ontario Municipal Board. While it is appreciated the applicant may be interested in expediting the approval process, as a neighbouring resident I have serious planning concerns with this application and the planning process for the northern neighbourhoods of Niagara Falls. Those concerns are best illustrated by the fact that the OP has designated those and other lands in this corridor as extractive industrial use. This use while appropriate for past circumstances is or will be no longer relevant as ministry permits expire. This would suggest that the municipality would be very wise to look at all these lands and put in place a preferred land use policy that would be of benefit to the community and its landholders. In the meantime, it appears that new economic proposals are being made in an ad hoc manner and dealt with by exceptions.~ Dealing with applications in this manner may deny the city the benefits of planning continuity, capital investment savings and its residents the economic protection promised by adherence to a fully up-to-date official plan. That of course is not to suggest that the plans are not changeable. They should be. But, only in context of proper reviews and the protection it affords to previous economic investments. ~ It is my understanding that there are over 570 amendments to the City's planning by-laws and that for practical purposes both OP and by-law amendments are dealt with on a proposal basis. P~e#1of5 Mr. Doug Darbyson, Director of Planning and Development Re: City File AM-06/2001 I would request that the planning staff recommend to the Council of Niagara Falls the following... 1. The above application be denied as being premature. 2. The municipality take the opportunity to look at all lands north of the Hydro Power right of way to determine the most appropriate land use and servicing arrangements for the area as a whole. 3. The council incorporate its findings in a comprehensive revision to the OP and implementing zoning bylaws for the ecologically sensitive lands along the city's escarpment. 4. That applicants be required to file a proper Secondary Planning Proposal in conformity with the revised Official Plan before consideration by the Municipality. Specifically addressing the current application before you, I have the following concerns 1. Appropriate land use policy, present and future 2. Traffic & Subdivision design 3. Servicing In making these concerns public it is not my wish to make a NIMBY presentation but would argue that some of the proposals contain within the applicant's proposal would not be acceptable in anybody's back or front yard and would be properly relegated to existing appropriate Tourist or Commercial zones within the Municipality of Niagara Falls. 1. Appropriate land use policy: The Applicant is asking for three specific items 1. An expansion of the current restaurant associated with the golf club. 2. A message parlour/spa. 3. A 5 story motel The Restaurant Expansion: I wish to express no objection to the restaurant expansion, but would request that 1. the Municipality ensure that adequate parking for a. each seating place in the restaurant, b. 3 parking places for each hole of the golf course, c. one additional parking place for each driving range station, and d. adequate parking be provided for support staff and utility vehicles 2. the applicants be required to emer into site architectural plan approval process 3. access and egress from the site be limited to a single driveway lined up with the entrance to Stone Gate Drive in the neighbouring Neighbourhood's of St. David's subdivision. Page # 2 of 5 Mr. Doug Darbyson, Director of Planning and Development Re: City File AM-06/2001 4. a population equivalent be established for the golf course, driving range, restaurants and dining rooms and this number be subtracted fi.om any future density allotment for these and adjacent lands. 5. the applicant enter into an agreement to vacate the permitted zoning should the golf course cease operations. 6. the applicant be required to complete the proposed servicing agreement for the subject lands. 7. that any signing involving lighting of any sort be approved by a resident committee ofneighbours who live across the street from the subject properties. The Message Parlour/Spa: I wish to raise a strong objection to the proposed standalone Message Parlour/Spa proposal. This would have the effect of conferring on this location a highway commercial use that would be more appropriate in other existing zoned locations with in the municipality. Prior to a proper Official Plan Review for this area, a commercial designation may be inappropriate and tie the municipality's hand should it wish to apply a different land use for the area. Should the applicant wish to make the message parlour/spa a part of the golf club/restaurant building then I would have no objections subject to the conditions stated above with respect to the restaurant application proposal. The Motel Complex: I wish to raise an extremely strong objection to the Motel proposal. This is not an appropriate land use for this specific site. While one can understand the desire of the applicant to link the Motel to the golf course, the municipality will be aware of the lack of economic success that the Aub~rge Grand M~re has had with such a strategy. At best, the economics of a motel in connection with a golf course are about 4 months in this climate. The economics might be improved somewhat with the linking of an external message parlour with a motel, but I am not sure that is direction the council really wants to pursue. As a resident of the area, that prospect is extremely chilly and would result in our minimizing our investment in this community. If the municipality wishes to proceed with the Motel portion of the application I would request that the conditions stated above be included in any recommendation. Page # 3 of 5 Mr. Doug Darbysort, Director of Planning and Development Re: City File AM-06/2001 2. Traffic & subdivision design I wish to bring to the attention of the planning committee a concern that I have attempted to address with respect to the applicants properties. I have tried to speak to the munidpality who refer me to the planning staff, who refer me to the region, who refer me back to City, who then say it is in the hands of the OMB when it really is an issue subdivision or site plan which is not before the OMB. I have spoken to my councilors. I have on file a request to be notified if an opportunity presents itself to get somebody somewhere to address the issue of street alignment. For the committee's benefit there are two existing driveways currently serving the subjects properties. They have added two more and are proposing a fifth with this application. The two are not approved by either the City or the Region, yet they are there! With this application, there are now going to be five major accesses to a major urban artery in five hundred feet and none will line up with the two across the road. This will make 7 in five hundred feet. St. Paul's hill can be slippery in winter and difficult to cross and impeding when proceeding down hill and impeding when trying to turn going up the hill. Proper planning cries out for minimizing the number of outlets on St. Paul's and proper alignment of the proposed right of ways together with proper protected turning lanes. At the very least the engineering department should report on a proper traffic pattern for this area. Fewer rights of way will allow for warrants to be reached so proper intersection improvements can be made at an appropriate time. Or better, the city can cause the improvements to be made as a condition of zoning plan approval thus saving the current tax payers a lot of money. An option that is very attractive. Servicing: This application and the other proposals by the applicants begs the over all question of the appropriate land use for this area. If this proposal were to pass the applicants land would have a defacto zoning for High Density Single Family Residential · Open Space Recreation · Tourist Commercial · Highway Commercial land uses and the municipality would have it hands legally tied if at sometime in the future others wish to propose other similar uses on St Paul's and Mountain. Page # 4 of 5 Mr. Doug Darbyson, Director 'of Planning and Development Re: City File AM-06/2001 What will be the ultimate density of the applicant's and surrounding property land- holdings? What happens if the golf course closes? This brings into question broader servicing, traffic and land use concerns. Perhaps it is time the municip/tlity took a serious look at all the lands north of the Hydro right away before it becomes too late. Request for notification: As this application proceeds through the development process, my wife and I would like to be formally notified of all meetings, appeals or changes proposed. Yours truly Jill & Ron Planche PS: I found the notification for an OP and Planning amendment to be very small. When you proceed up St. Paul's there is a notice of a sub-division approval process that is much more appropriate in size. Considering the implications of the proposals such as this, you may wish to review your notification standards. Page # 5 of 5 Lff y 2~ /qcrttk ~/,/' 9. ool Lyle and Patricia McDonald 2189 Niagara Parkway R.R.#1, Fo~ Erie, Ontario L2A 5M4 (905) 871-6437 The City of Niagara Falls 4310 Queel~-Street Niagara Falls, Ontario L2E 6X5 ATTN: Mr. Doug Darbyson Director of Planning and Development Subject: Zoning By-law #79-200 Amendment Application City File AM-06/2001 Dear Mr Darbyson: Following long and thoughtful discussion, we have decided to fully retire and sell our home. The second part of the decision was to move to Niagara Falls, rather than relocate to areas offering Townhouses in very beautiful settings along the shores of Lake Ontario. We were spoiled, you see, as the home that we are giving up is along the beautiful Niagara River. We chose "The Neighbourhoocl of St. David's" for the thoughtful, pleasing and well-planned community development. Part of the beauty of the area is the natural greenery and rolling hills of the golf course. Can you imagine our horror to learn of the ill-defined plans of expansion in connection with this same golf area with a poorly described five story motel, with associated spa and restaurants? To say nothing of increased traffic and congestion. The loss of the beauty of the natural ambience and the disastrous effect on our investment'is extremely disturbing.. And, we have yetto move into our lovely new home--as closing date is .June 26~' Future purchasers will certainly be frightened off by the poorly planned aforementioned development. There does not appear to be a plan with a vision to ensure that the beauty and standards of this area are maintained. Let us ensure that there is a property available for those who desire it and are fortunately-able to support such a development as" The Neighbourhood of St. David's". Please understand that Lyte and Patricia McDonatdare ~trongly opposed to the Motel Zonipg Application Thank you. Lyle T. Mcponald M.D. Patricia McDonald R.N. New Address: 6264 Stonefleld Park Niagara Fatlsi-Ontario L2J 410_ Niagara Fails Can~~ I- Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning @city.niagarafalls,on.ca Doug Darbyson Director PD-2001-33 April 9, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-33, Reconsideration of Decision Colangelo Estates Draft Plan of Subdivision 26T-11-2000-07 586112 Ontario Limited (In Trust) RECOMMENDATION' It is recommended that Council reaffirm its decision to grant draft plan approval with the specified conditions for the Colangelo Estates subdivision and allow the Ontario Municipal Board to consider the appeals to the plan dealing with various aspects of the approval. BACKGROUND: Council adopted report PD-2001-18 on February 12, 2001 to grant draft approval to the Colangelo Estates plan of subdivision. The proposal is to subdivide and rezone a 4.11 acre (1.663 hectare) site into 18 single-detached lots and a block for future residential use in combination with abutting land. The property is on the south side of Mountain Road, between Dorchester Road and St. Paul Avenue, and extends to the hydro haulage road trail (see the attached location map). The subdivision layout is shown on Schedule 2. The conditions of approval are listed in the attached Appendix. Council passed a motion on March 5, 2001 to reconsider its decision to approve the subdivision. Concerns associated with a temporary roadway connection to Mountain Road were the focus of discussion at that Council meeting. The Planning Act provides that Council may withdraw the approval of a plan of subdivision or change the conditions of such approval at any time before the approval of the final plan of subdivision. This process does not require a Public Meeting. Staff notified the applicant and individuals who made submissions that Council would be reconsidering the plan at tonight's meeting. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development April9,2001 -2- PD-2001-33 The City received 3 separate appeals on March 7, 2001 to Council's decision to grant draft approval to the subdivision. The appeals were filed by the following property owners: Saczkowski (6486 Mountain Road); Marinelli (6610 Mountain Road) and Fuoco (6630 Mountain Road); and Lisi (6646 Mountain Road) and Wetherell (6666 Mountain Road). As required by the Planning Act, these appeals have been forwarded to the Ontario Municipal Board (OMB). PLANNING REVIEW: Several reasons are listed as the basis for the submitted appeals. These include concems related to a block of land in the plan for future development, land use incompatibility between the proposed residential use and abutting farm operations, insufficient lot sizes, fencing, drainage, emergency access and that the temporary road should be a permanent road. Given the number of issues, it is likely that the subdivision application will proceed to an OMB heating regardless of any changes Council may make to its original decision. In addition, any change to the conditions or withdrawal of draft approval can also be appealed by the applicant. The plan has temporary roadway access to Mountain Road over Lots 14 and 16 (between 2 existing homes - 6570 & 6590 Mountain Road). This connection is acceptable to both the City and Region subject to design and construction requirements. The roadway would provide access for only the 16 lots that could be built on in the plan. The Gauld Neighbourhood Plan serves as the guide for development in this area. Permanent street connections to Mountain Road are planned in 2 locations - to the east of the subdivision aligned opposite January Drive, and to the west on the Marinelli land between the Lisi and Fuoco properties. The planned westerly road was noted in reports for severance applications in 1986 and 1997 that created the properties abutting this future street. The land in this location has 66 feet of frontage on Mountain Road corresponding to a standard road allowance width. The Region's Public Works Department has recently analysed the sightlines at this planned westerly roadway. The location satisfies their safety requirements and therefore the Region supports this as the future permanent road. The temporary road location does not meet technical criteria for a permanent road. The dimensions are inadequate to provide the right-of-way width of 66 feet, daylighting triangles and turning radius needed for a collector road that would serve the entire future development in the area. Furthermore, if this location were to become the permanent roadway, it would necessitate changes to the internal roads and lotting design of Colangelo Estates as well as connecting street locations and potential lot arrangements for the abutting land. The associated zoning by-law amendment (AM-40/2000) was approved in principle by Council on February 12, 2001 to change the land from DH (Development Holding) to R1C (Residential Single Family). The amending by-law to implement the subdivision approval has not yet been presented to Council for adoption given the reconsideration of the plan. CONCLUSION: Concerns regarding this application may best be resolved by the Ontario Municipal Board. The appeals against the subdivision approval are based on numerous issues that would be difficult to address to the satisfaction of all the residents through any Council changes to the plan. The planned April 9, 2001 - 3 - PD-2001-33 permanent road connection shown in the Gauld Neighbourhood Plan to the west of this subdivision is supported by City and Regional staff. The temporary roadway location has inadequate dimensions to function as a permanent road. Prepared by: Richard Wilson Planner 2 Recommended by: Respeqtfully submitted:, Edward P. Lustigv Chief Administrative Office~r/ Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:gd Attach. S 5PDR~200 I',PD2001-33.wpd Proposed Plan of Subdivision & Zoning By-law Amendment Application Colangelo Estates 26T-11-2000-07 & AM-40/2000 Location Ma' Subject Land 1: NTS 858 ubdivis~subd~Colang2~vlapping.a p~ November 2000 SCHEDULE 2 Colangelo Estates 47 I l 000~ ~ :§§ :lz[ 0£ 1~0 uoH (nOT TOPLAN OF NI/I~,I~ FN.LS ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 OF' THE PLANNING ACT. I~ND USE ANALYS~ OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE B~P'[msBOSN£\BOP'BOSNE\sqo{\:9 February 12, 2001 - 5 - PD-2001-18 APPENDIX Conditions for Draft Plan Approval Approval applies to the Colangelo Estates Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated October 24, 2000, showing 18 lots for single-detached dwellings, a temporary roadway to Mountain Road over 2 lots, and a block for future residential use. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. The subdivision be designed and constructed in accordance with the City's Subdivision Policy which, in part, includes the following: a) provision of a 20.0 metre road allowance width for Lucia Drive and an 18.0 metre road allowance width for Colangelo Drive; b) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; c) provision of water distribution, sanitary sewer and storm sewer systems; and d) application of the City's Lot Grading and Drainage Policy. The developer provide temporary roadway access to Mountain Road over Lots 14 and 16, designed and constructed to the satisfaction of the City and Region. 6. The developer construct a 1.5 metre wide sidewalk on the south side of Lucia Drive. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 8. The developer grant the City and Public Utilities any easements required to service the subdivision. The developer provide a 3.05 metre (10 foot) wide block of land to the City (either on the east side of Lot 1 or west side of Lot 4 - in conjunction with stormwater requirements) connecting to the hydro haulage road trail. 10. The developer pay the City cash-in-lieu of 5% parkland dedication (less the walkway land). 11. The developer provide boulevard trees in accordance with City policy. 12. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. 13. The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter to the City's Planning and Development Department confirming that all lots comply with the Zoning By-law. February 12, 2001 - 6 - PD-2001-18 14. The developer provide six copies of the pre-registration plan to the City's Planning and Development Department and a letter stating how all the conditions imposed have been or are to be fulfilled. 15. The design drawings for the water, sanitary sewer and storm sewer facilities for this plan be submitted to the Regional Public Works Department for review and approval. 16. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing for this development. 17. The developer provide an easement for a storm sewer connection between Mountain Road and the internal storm sewer system for the subdivision to the satisfaction of the Regional Public Works Department. 18. The Subdivision Agreement include provision whereby the developer agrees to remove at their sole expense the temporary access from Colangelo Drive to Mountain Road over Lots 14 and 16 immediately upon any alternate approved street access becoming available. 19. The developer submit a stormwater management report, prepared and certified by a qualified professional engineer in accordance with the Ministry of Environment's "Stormwater Management Practices Planning and Design Manual" (June 1994), to the Regional Planning Department for review and approval, and that the report's recommendations be implemented through provisions in the subdivision agreement. 20. The developer undertake a Phase 1 Environmental Site Assessment (ESA), prepared by a qualified consultant in accordance with the Guideline for Use at Contaminated Sites in Ontario, Ministry of the Environment, February 1997, verifying the history of agricultural use on the property. If the Phase 1 ESA identifies land as potentially having been impacted by older generation pesticides (ie. orchards present prior to 1970), a Phase 2 ESA (soil testing) concentrating on lead and arsenic shall be undertaken in accordance with the Ministry's guideline. A Phase 3 ESA (site remediation) shall be undertaken in accordance with the Ministry's guideline if the soil testing reveals levels of any contaminants exceeding the Ministry's limits for residential use. A copy of the ESA report(s) shall be submitted to the Regional Planning Department for review. 21. The developer provide a copy of the Ministry of the Environment-acknowledged Record of Site Condition (RSA) signed by the owner and the consultant verifying that the site assessment has been completed in accordance with the Ministry's procedures, to the Regional Planning Department and the City of Niagara Falls. 22. There shall be no disturbance of the site until the Environmental Site Assessment required in accordance with Conditions 20 and 21 has been completed. 23. The developer undertake an archaeological assessment of the entire development site, conducted by a licensed archaeologist, with adverse impacts to any significant archaeological resources found on the site to be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation, through the Regional Planning Department, confirming that all archaeological resource concerns have met licensing and resource conservation requirements. Note: A copy of the archaeological assessment report is to be submitted to the Regional Planning Department for information. February 12, 2001 - 7 - PD-2001-18 24. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning Department acknowledging that draf~ approval is not a commitment of servicing allocation by the Region as this servicing allocation, if available, will be assigned at the time of final approval of the subdivision for registration. 25. Immediately following notice of draft plan approval, the developer provide the Regional Planning Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City. Clearance of Conditions Prior to granting approval to the final plan, the City's Planning and Development Department requires written notice from applicable City Departments and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Conditions 15, 16, 17 and 18 Regional Niagara Planning and Development Department for Conditions 19, 20, 21,22, 23, 24, and 25 MAR-09-2001 16:37 FROM SULMA TO 356908~ _Via Fax Mr. E. C, Wagg, City Clerk City of Niagara Fails City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Wagg: Re: Colangeio Estates Plan of Subdivision Our File No. 59580 March 9, 2001 Please Reply to Sc Catharines ~ We act as solicitors with respect to the Colangelo Estates plan of subdivision. P.002/002 We are informed that Council has delta-mined to reconsider, on April 9m, approve this plan of subdivision. 2001, Would you please enter my name and ltlat of Mr. Rick Brady, planning comulta~, to speak to Council on Monday, April 9~, 2001 with respect to this matter. If al fll po~ would like to speak after any objectors to the plan of subdivision speak in order thai w~ Thank you for your consideration in ~ matter. co--Mr, Donalo Colangelo, 586112 Ontario Limited Yours very truly, SULLIVAN, MAHO~Y LLP Per: Thomas A. Rlchardsm :,i cc--Mr. Rick Bra0y, Brady & A,sso~jates C,H, Mahoney, Q.C. w,a, M~Kaig I.R. Broil V,F, M~atorl, Q,C. P,B. ~d G.A. Wi~ P.T. ~1, Q,C. T,A. Ri~ L,M, M~8 I, Dfllnl D,A. ~IM C,A, Bain J.M. ~i P.A. M~ ~.A. Ma~o~10 M.I. B~j G.W. McCan~ S,I, ~j T, Wall K.A. RI~ J. Cla~on A. ~zr~ Of Coumel (Cum/ne. re. iai Law): M.D. Kriluck TOTAL P.002 PUBLIC WORKS DEPARTMENT OPERA TIONAL SUPPORT SERVICES The Regional Municipality of Niagara 2201 St. David's Road W., P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 685-1571 Fax: (905) 687-6056 www. regional.niagara.on.ca/departments/works/ April 4, 2001 Mr. Doug Darbyson Director of Planning City of Niagara Falls Fax Via: 905-356-9083 (Original to Follow) Dear Sir: Draft Plan of Subdivision Colangelo Estates (Revised) - 26T-11-2000-07 Owner: 586112 Ontario Limited (In Trust) Agent: Donato Colangelo Regional Road 101 (Mountain Road) City of Niagara Falls Our File: D.11.101 (207) & DEVEL~.~.:- ,,: We are writing to confirm our discussions at the on-site meeting held on April 3, 2001, at which time the following persons were in attendance: Joseph Marinelli Fred Fuoco Tina Lisi Doug Darbyson Geoff Holman Brian McInnis Doug Cherrington (6610 Mountain Road) (6630 Mountain Road) (6646 Mountain Road (City of Niagara Falls) (City of Niagara Falls) (Regional MunicipalitY of Niagara) (Regional Municipality of Niagara) Three area residents arranged this meeting to discuss the acceptability of making the proposed access road to Mountain Road permanem through the Colangelo Estates Subdivision. Mrs. Lisi indicated that she did not want a future roadway constructed beside her property, as shown in the Gauld Neighbourhood Plan, yet acknowledged that she was aware of such proposal when she purchased her property. It was her viewpoint that in the absence of a physical roadway when her house was built, she would attempt to stop the construction of it in the future. Mr. Fuoco, also did not want the future road constructed next to his property, noting that there was a safety concern with such access, despite suggesting that the location could be utilized for a future cul-de-sac development into his father-in-law's (Joseph Marinelli) property. In response to his suggestion that sight distances were poor at this location, we noted that Regional staff had conducted a sight line inspection on March 23, 2001 which revealed that visibility actually exceeded design parameters (see attached copy of their report). Also on behalf of his father-in-law, he expressed his concern with respect to the furore cost of the 200- St. Catharines, Lincoln, Pelham, Thorold, Toll Free 905 Area - 1-800-263-7215 Niagara-on-the-Lake, Niagara Falls, Welland - 685-1571 Port Colborne, Wainfleet, Stevensville - 735-7960 Doug Darbyson City of Niagara Falls April 4, 2001 Page 2 foot length of roadway to connect to Mountain Road, which could instead be constructed by Mr. Colangelo at his cost, even though it required tearing down a house to accommodate the necessary 66-foot right-of-way. In response to his question of who should pay for the 200-foot length of future road construction proposed by the Gauld Neighbourhood Plan, I stated that it would obviously be the developer's cost and such an arrangement is not unusual. In regard to the matter of Regional approval of a temporary or permanent access to Mountain Road through the Colangelo Subdivision, we reiterated our original comments, which have been expressed on numerous previous occasions. Specifically, it was noted as follows: 1) Consideration of the temporary access for the Colangelo Estates Subdivision was only entertained by the Region, due to the City's denial of access to Dellpark Drive, which was originally shown on the Gauld Neighbourhood Plan. Only after the decision by the City did the developer request such access. The location of the proposed temporary access was deemed to have adequate sight distances by Regional staff who also undertook a sight line survey at this location. 3) The temporary access through the Colangelo Plan is acceptable for an indefinite time period due to the fact that only about 18 lots will utilize this access until an alternate permanent access is provided. At that time, the roadway will be closed and/or secured with post and chain (i.e. for emergency purposes only)'. It is our viewpoint that should this property develop in isolation ( i.e. some form of condominium development), the number of buildings would not likely be different from that which is proposed and accordingly a permanent driveway adcess would also be acceptable. 4) Only one street access to Mountain Road will be permitted by the Region to serve the westerly portion of the Gauld Neighbourhood. Either the location identified in the secondary plan or through the Colangelo Subdivision is acceptable, but not both because of the minimal separation distance between the two locations and our wish that accesses to Mountain Road be minimized. Any approval by the City to relocate the westerly access easterly through this development will necessitate a review of the original Gauld Neighbourhood Plan by the City, subject to our approval. Note that no additional access will be entertained by the Region in the future to the extreme west of the nei~ghbourhood in the vicinity of the curve in Mountain Road for which sight lines could be an issue. To facilitate future development to the westerly portion of the neighbourhood without requiring another street access, the Colangelo Plan must also be modified to provide two (2) street accesses to the lands to the west with proper intersection designs therefore. If the proposed street access to Mountain Road from the Colangelo Subdivision is to be made permanent, it is our requirement, supported by City staff, that a local collector 6) Doug Darbyson City of Niagara Falls April 4, 2001 Page 3 road having a width of 66-feet should be provided at Mountain Road and continue through the plan to accommodate future traffic volumes from subsequent developments in the Gauld Neighbourhood east and west of this location. Such width would ensure that the roadway is properly designed, thereby ensuring capacity and safety and to also provide sufficient right-of-way for a sidewalk and utility installations. Note that this would be a local roadway constructed to the City of Niagara Falls standards for collector roadways. The future street access to Mountain Road from the easterly portion of the Gauld Neighbourhood must be located as shown on the secondary plan, opposite January Drive. Regional Niagara Public Works staff would reiterate our previous comments (copies attached) regarding the approval of this subdivision noting that the issues are predominately local matters and should be resolved in accordance with the City's planning and engineering principles. We have attempted to facilitate the development of this property, which has become land locked by virtue of denial of access to the south through Dellpark Drive, and in the absence of the owners of the abutting properties east or west of this location wishing to develop at this time. We would again advise that we are prepared to accept either access location (through the Colangelo Plan or as shown in the Gauld Neighbourhood Plan) on a permanent basis, but hot both or more. Also, we .would reiterate that any permanent access through the Colangelo Estates Plan must be designed according to the City's collector road criteria with appropriate (stub) accesses planned to accommodate development to the west. Further, the Gauld Neighbourhood Plan must be revised by the City to reflect any changes to the access location. We trust that the foregoing adequately states our position on this matter and that any approval by the City will take these comments into consideration during their subsequent deliberations regarding this draft plan approval. Yours truly, D. K. Cherrington,lC.E.T. Manager of Engineering Planning and Development DKC/cm L: \Engineering-Planning-and-Development\Rusnak-Dave\Niagara Falls\3482.d.darbyson.city.of. niagara, falls.doc Attach. C~ B. Mclnnis D. Farley G. Holman, C.E.T., City of Niagara Falls F. Fuoco T. Lisi J. Marinelli T. Richardson I ~ 3 4 T 'UCT. DESIRABLE SET- BACK -*' § M ,..~,~/. ~. ~ ,,r,~,,.. MINIMUM SET-BACK'- 3M WEA TttE rt , The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls,on,ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-34 April 9, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: RECOMMENDATION: PD-2001-34, Appeal to Zoning By-law No. 2001-50 AM-42/2000 5359 River Road Eastwood Tourist Lodge It is recommended that Council reaffirm, by resolution, the passing of By-law No. 2001-50 and direct staff to proceed to submit the appeals to the Ontario Municipal Board. BACKGROUND: The City has received an appeal to Zoning By-law No. 2001-50 (see attached). The by-law would essentially legalize the use of an existing dwelling as a tourist home with 8 rooms. The reasons for the appeal are as follows: The tourist home has to conform to the requirements of the Ontario Building Code and the Ontario Fire Code for a hotel; the tourist home is a hotel and should not be permitted within a residential area as it is a commercial operation; and the City is permitting the proliferation of bed and breakfast operations (B & B's) along River Road which will lead to the degradation of the area. The City is required by the Planning Act to forward the appeal and other applicable information within 15 days of the receipt of the appeal. The Board requires Council's position to be submitted with the appeal. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development April 9, 2001 2 PD-2001-34 CONCLUSION: Council passed By-law No. 2001-50 in accordance with the requirements of the Planning Act and based on staff's recommendation, comments from various agencies and individuals, together with submissions made at the public meeting. A resolution of Council to reaffirm the passing of By-law No. 2001-50 is required. Planner 2 Res ectfully submi : Edward P. Lustig .../ Chief Administrative Officer Re~Qmmended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:tc Attach. S:hU DRY2001 ~PD2001-34.wpd No. Moved by Alderman Seconded by Alderman April 9, 2001 RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By-law No. 2001-50, a by-law to permit the establishment of 8 rooms for tourists within an existing dwelling located at 5359 River Road. AND The Seal of the Corporation be hereto affixed. E. C. WAGG CITY CLERK WAYNE THOMSON MAYOR f~ o/ The City of Niclgclrcl 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-maih planning@city.niagarafalls.on.ca April 9, 2001 Doug Darbyson Director PD-2001-29 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-29, Public Meeting Meadow Creek 3 Draft Plan of Subdivision File: 26T-11-2001-02 Owner: 527786 Ontario Limited (Agreement of Purchase and Sale) RECOMMENDATION: It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Meadow Creek 3 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 2.994 hectare (7.4 acre) site into 39 single-detached lots (including 2 lots with existing dwellings - 4492 & 4510 Kalar Road) and a block for 19 townhouse units. The property is on the east side of Kalar Road, south of Costabile Drive and north of Marcon Street (see location map). The proposed roadway is an extension of Barrett Crescent in a cul-de-sac design. There are 7 new lots proposed with direct access to Kalar Road. The townhouse portion of the plan would have driveway access to Costabile Drive. The City's Official Plan designates the Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development April 9, 2001 - 2 - PD-2001-29 property Residential which permits a variety of housing types. The site is currently zoned R2 (Residential Single Family and Two Family), R4 (Grouped Multiple Dwellings) and a small section R1E (Residential Single Family) through Zoning By-law 79-200. The applicant has requested a zoning change to a modified R1E (Residential Single Family) category for the single-detached lots and a modified R4 (Grouped Multiple Dwellings) zone for the townhouse development. The related zoning by-law amendment (File AM-05/2001) will be subject to a Public Meeting at a later date. 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: ~;~rAd ~i}l~;~gativ e Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. F1LE: S:~PDR~2001 ~D2001-29.wpd Proposed Plan of Subdivision Meadow Creek 3 26T-11-2001-02 Location Map Parkwood Estates Drive Subdivision Marcon Subject Land 1 :NTS The City of ~l~l~f Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih munwks@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2001-43 File G-180-01 April 9, 2001 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2001-43 Municipal Parking & Traffic Committee Recommendations - March 20, 2001 Meeting RECOMMENDATIONS: 1) Request for Removal of Two Parking Meters in front of Arby's on Clifton Hill It is recommended that: one parking meter (most easterly) located on Clifton Hill in front of Arby's be removed; and, Canadian Niagara Hotels be responsible for all costs associated with the expansion of the sidewalk in this area. 2) MW-2001-21 - Beaverdams Road between Kalar Road and Thorold Townline Road Traffic Operations Review It is recommended that: an all-way stop control be installed at the intersection of Beaverdams Road and Garner Road with two stop signs to be erected on both approaches of Beaverdams Road; "stop ahead" signs be permanently installed on Beaverdams Road in advance of Garner Road in both directions to forewarn motorists of the upcoming stop signs, due to the curvature of Beaverdams Road, replacing: i) the existing curve/intersection ahead sign on Beaverdams Road 100 metres east of Garner Road facing westbound motorists; ii) the existing curve/intersection ahead sign on Beaverdams Road 140 metres west of Garner Road facing eastbound motorists; April20,2001 -2- MW-2001-43 the permissible passing zone on Beaverdams Road between Garner Road and Beechwood Road be replaced with a double solid yellow centre line; a "curve aheM" warning sign be installed facing eastbound motorists on Beaverdams Road 80 metres east of Garner Road; the existing "curve ahead" warning sign on Beaverdams Road 420 metres east of Garner Road facing eastbound motorists be replaced with a "reverse curve ahead" warning sign and supplemented with a 60 km/h advisory speed tab and relocated 155 metres westerly; the existing "curve ahead" warning sign on Beaverdams Road 660 metres east of Garner Road facing westbound motorists be replaced with a "reverse curve ahead" warning sign and supplemented with a 60 km/h advisory speed tab and relocated 65 metres easterly; the existing "curve ahead" warning sign supplemented with an advisory 60 km/h speed tab on Beaverdams Road 460 metres east of Beechwood Road facing westbound motorists be relocated 105 metres westerly; o a "curve ahead" warning sign be installed on Beaverdams Road 180 metres east of Beechwood Road facing eastbound motorists; o a "curve ahead" waming sign be installed on Beaverdams Road 530 metres east of Beechwood Road facing westbound motorists; 10. a "Maximum 80 km/h" speed limit sign be installed on Beaverdams Road east of Thorold Townline Road facing eastbound motorists; 11. a "60 km/h Ahead" sign be installed on Beaverdams Road 450 metres west of Kalar Road facing eastbound motorists; 12. "slippery when wet" signs be installed on Beaverdams Road west of Kalar Road and west of Garner Road facing westbound motorists and on Beaverdams Road east of Beechwood Road and east of Garner Road facing eastbound motorists; 13. one year after implementation, staff carry out a review to determine if the collision frequency has been reduced through the revised traffic control at Beaverdams Road and Garner Road and adjacent mid block segments; and, 14. Staff monitor the speed limit and report back to the Committee in 6 months. 3) MW-2001-25 - St. Paul Avenue - Traffic Operations Review It is recommended that: parking be restricted at all times on the west side of St. Paul Avenue from a point 30 metres south of Brock Street to Stamford Green Drive; April 20, 200 ! -3- MW-2001-43 a "Do Not Pass" sign be installed facing southbound motorists on St. Paul Avenue south of Brock Street; a centre island consisting of hatched pavement markings be applied on the northern approach of St. Paul Avenue and Stamford Green Drive; a crosswalk and stop bar be applied on the western intersection approach of St. Paul Avenue and Stamford Green Drive; and, the preceding road markings be applied in the spring, in conjunction with the 2001 pavement marking program. 4) MW-2001-26 - Dianne Street at Queensway Gardens - Intersection Control Review It is recommended that an all-way stop control be installed at the intersection of Dianne Street and Queensway Gardens. 5) MW-2001-06 - Longhurst Avenue - Parkin_e Review It is recommended that: the owners of Town & Country Florists meet with the Stamford Volunteer Firefighters Association to negotiate the use of the firefighters parking lot by Town & Country staff; and, this matter be reviewed by staff in 6 months time to ensure that the parking issues have been resolved. BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of March 20, 2001, considered the matters noted and formulated the recommendations above. Councils concurrence with the recommendations outlined in this report would be appreciated. Respectfully submitted by: Alderman Kim Craitor, Chairperson, Municipal Parking & Traffic Committee S:\TRAFFIC\REPORTS~2001 ~2001 Council~VlW2001-43.wpd The City of Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1GS web site: www,city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (g05) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Kon Director R-2001-i2 April 9, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2001-12 Actions Stemming from the Environmental Planning & Greening Committee Meeting of March 28, 2001 RECOMMENDATION: It is recommended that Council endorse the actions from the March 28, 2001 meeting of the Environmental Planning & Greening Committee. BACKGROUND: The Environmental Planning & Greening Committee dealt with a number of items at its recent meeting and the matters requiring Council's endorsement are highlighted as follows: a) Environmental Planning & Greening Committee Structure The Committee has suggested a revised structure whereby there would be additional members from the community. The Committee has requested that there be revisions to the Terms of Reference with 3 Aldermanic representatives and maximum of 10 members. An advertisement was recommended to obtain members from the community. The revised Terms of Reference with a proposed member list will be provided to the Committee and Council in the near future for approval. b) 2001 Work Program for the Environmental Planning & Greening Committee Attached is Report R-2001-10 which outlines the Committee's Work Program for 2001. The report outlines a number of projects to be completed. The special environmental activities include the placement of proclamations in the local newspaper recognizing Earth Day (April 22"a), Arbor Week (April 27th to May 13th), Operation Clean Sweep (month of May) and Environment Week (June 3rd to June 9th). An advertisement will also be placed in the newspaper for the City's Annual Environment Award. The 2001 Work Program was recommended for approval by the Committee and to be forwarded to Council. Municipal Works Working Together to Serve Our Community Fire Services · Parks, Recreation & Culture · Business Development -2- c) Request for No Boulevard Trees In the Fall of 2000, the City received four requests from residents in newer subdivisions who did not wish to receive a boulevard tree. The Committee requested a further review of the request from the resident at 7522 Luna Park Court. Regarding the three other requests, the Committee recommended that the residents at 7469 Deerfield Crescent and 6869 Imperial Court receive a boulevard tree as there were no extenuating circumstances to warrant not planting a tree. The Committee did not support a tree for the resident at 6880 Imperial Court as there were a couple of larger trees that were saved in the front yard as part of the subdivision development. d) Revised Terms of Reference of the Trails & Bikeway Committee The Committee supported two revisions to the Terms of Reference for the Trails & Bikeway Committee which are described as follows: The Committee will assist the City, in conjunction with the Region of Niagara to encourage cycling on existing roads and has the ultimate goal to bring all City residents in the urban area within 1 kilometre of an assigned bicycle route. The Committee will assist the City to ensure the preservation of the former NS& T railway line for future recreational trail use. e) Removal of Walnut Tree at the Northwest Corner of Dunn Street and Drummond Road The Committee supported the removal of the walnut tree at the northwest comer of Dunn Street and Drummond Road as a result of the tree becoming a nuisance due to sap dripping on cars and walnuts dropping on the sidewalk. The Committee supported the replacement of the tree with a young suitable boulevard tree. Council's endorsement of the above would be appreciated. Respectfully Submi~f.--~ ~ Vo~~lpa~~ Environmental Planning and Greening Committee R.Bolibmck/das attachments S:\Council\Counci1200 l~R-2001-12.wpd The City of Niagara Fallsll~4~ Community Services 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 Ken Director R-2001-10 March 28, 2001 Alderman Selina Volpatti, Chair, and Members of the Environmental Planning and Greening Committee. City of Niagara Falls, Ontario Members: Re: R-2001-10- RECO M MEN DATIO N: 2001 Work Program for the Environmental Planning & Greening Committee It is recommended that the 2001 Work Program be approved and forwarded to Council for information. BACKGROUND: Every year a proposed work program is outlined for the Environmental Planning & Greening Committee. The Committee currently functions under the shared responsibility of both the Parks, Recreation & Culture and the Planning and Development Department staff. Co-ordination and preparation of minutes and agenda are generally carried out by Parks, Recreation & Culture staffwith input from the Planning and Development staff. The various projects and work program are highlighted as follows: 1. Greening and Beautification Projects - Parks, Recreation & Culture The Environmental Planning & Greening Committee has been involved in a number of greening projects in the past. In 2000, the Committee was kept apprised of the progress of the Streetscape Master Plan and landscaping at the Millennium Clock, Queen Street at River Road, QEW Welcome Sign and Stamford Arena. In 2001, there will be additional beautification enhancements including flower bed plantings in Fairview Cemetery, Queen Street at Valleyway, and Bridge Street at Victoria Avenue. Beautification plans have been prepared for the Bender Hill area with improvements planned for 2001 through partnership with Casino Niagara. Municipal Works }Forking Together to Serve Our Community Fire Services · Parks, Recreation & Culture · Business Development R-2001-10 - 3 - March 28, 2001 e The City is actively involved with the Region in the Adopt-A-Street Program. Each year, a number of inquiries are received and a few new groups added to the Adopt-A-Street Program. In 2000, there was a new Adopt -A-Trail Program with the Friends of the Haulage Road adopting the Haulage Road Trail. A new group wishes to adopt Usshers Creek under the Adopt-A-Creek Program in 2001. Over the past 5 years, there has been the preparation of an Environmental Activities Listing. This listing highlights a wide range of environment activities and copies of the listing are provided to participating groups, Niagara Falls Library and City Departments. Review of Environmental Related Projects - planning The Committee will be kept informed of important Provincial and Federal initiatives of an environmental nature. Previously, the Committee reviewed reports involving the Niagara River Toxic Management Plan. In 1999 and 2000, the Committee was apprised of the work of the Niagara River Restoration Council through the Baden Powell Restoration Project and the Grassy Brook Rehabilitation Project. In addition to the above, the City is updating its Official Plan and various policies relating to environmental protection will be provided to the Committee for review. As the Committee is aware, staffare working with the consultant who is preparing the Streetscape Master Plan. It is the intention that the streetscape recommendations of the various tourist districts will be provided to the Committee for their review. Trails & Bikeway Development - Parks, Recreation & Culture The Trails & Bikeway Committee is an Adhoc Committee of the EP&G Committee and was created in late1998. This Committee has a role of promoting the safe use of bicycles and encouraging the development of bicycle trails in the City. In 2000, there was the start of construction of the Millennium Trail. The fourth Annual Bike Fun Day will be held at Optimist Youth Park on May 26th. Woodlot Protection - Parks, Recreation & Culture In the past, the Committee has been involved in a number of initiatives encouraging the conservation and protection of trees within the City. In recent years, the Committee has dealt with requests for boulevard trees to be removed. In 2001, it is intended that the Committee will review possible changes to the City's current tree protection policies. 0 o 0 0 Corporate Services Department The City of Niagara Falls Canada Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2001-21 April 9, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-21, Licence Agreement with Bell Canada Part of L. B. Pearson Park Dorchester Road Our File No.: 2001-161 RECOMMENDATION: That a Licence agreement with Bell Canada to permit construction and operation of a Bell Station on a portion ofL. L. Pearson Park, located on the west side of Dorchester Road, be authorized. BACKGROUND: Bell Canada has requested the City grant a licence over a portion ofL. L. Pearson Park, located on the west side of Dorchester Road, for the purpose of constructing and maintaining a Bell Canada telecormnunications station. The licenced property approximately 48 metres square with access to Dorchester Road. It is shown hatched on the plan attached. The station itself is a walk-in cabinet approximately 1.8 metres high, 3.5 metres long and 2 metres wide. Bell Canada has agreed to pay an annual licence fee of $1,600.00 plus G.S.T. for a term of twenty years, commencing April 1, 2001. Landscaping will be paid for by Bell Canada and the City will maintain the property for an annual fee of $400.00 plus G.S.T.. The proposed licence site has been reviewed by staff and landscape plans were approved by the Parks, Recreation and Culture Department. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. R.O. Kallio, k, ') City Solicitor. v Clerk's · Finance · Tony Ravenda, Executive Director of Corporate Services. R, esElOzt fully/~ .S3abmi~ed: Edward P. Lustig, // Chief Administrative Officer//" Working Together to Serve Our Community Human Resources · Information Systems · Legal · Planning & Development BLOCK PLAN "D' The City of Niagara Falls Canada Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: wwagg@city.niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: April 9, 2001. E.C. Wagg City Clerk CD-2001-04 RECOMMENDATIONS: Re: CD-2001-04 - Special Occasion Permit That Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. BACKGROUND: Correspondence has been submitted by the following organization and has been reviewed and approved by the Parks, Recreation & Culture; Building & Inspections Division; and the Fire Department. Council's concurrence with the Recommendation is requested. Royal Canadian Legion Branch Picnic August 12, 2001 Arpad Hall & Branch 396 Pavilion E.C. Wagg, City Clerk lly submitted.' Edward P. Lustig Chief Administrative Offic Approved by: Tony Ravenda Executive Director of Corporate Services ECW:lw WorMng Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development