2001/04/23REGULAR COUNCIL
MEETING
Monday, April 23, 2001
Order of Business
and Agenda Package
REGULAR MEETING
April 23, 2001
PRAYER: A/derrnan Shirley Fisher
ADOPTION OF MINUTES: Planning/Regular Meeting of Apdl 9, 2001.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereef will be made for the
current Council Meeting at this time.
MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS
ITEM NO, 218
PLANNING MA TTERS
Public Meeting
Zoning By-law Amendment Application
AM-46/2000, 6039 Fallsview Boulevard
Proposed 15-storey hotel
Background Material:
Recommendation Report: PD-2001-36
- AND.
Correspondence from Four Points Sheraton Hotel
2
PRESENTATIONS
Cardinal Newman Catholic School Donation
His Worship Mayor Thomson and members of Council will recognize the contribution
by Cardinal Newman Catholic School for their donation for the Millennium Trail. The
folio, wing students, Claudia Gieruaznaka; Kylie Maiolo; Marie Dyck; Lucia Leone; Emily
Dekker and Dalton Jodoin wi//be in attendance along with teacher, M/as Melissa
Candeloro.
DEPUTATIONS
Bike Week
Mr. John Anstruther, Chair, Trail & Bikeway Committee w/shes to address
Council regarding Bike Week, from May 26th to June 3~, 2001.
G.N.G.H. Foundation
Dr. lan Brown wishes to make a presentation and invite Mayor Thomson and
members of Council to attend a theatre comedy benefit, on Apd12 7~h, 2001 on behalf of the
G.I¥.G.H. Foundation and to raise awareness on the issue of prostate cancer.
Salvation Arm¥'s 2001 Red Shield Campaiqn
Captain Paul Gilbert wishes to inform members of Council of the Salvation Army's
2001 Door to Door Red Shield Campaign to begin on Monday, May 7, 2001.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Niagara South Branch of the Canadian Mental Health Association - Re:
Proclamation. requesting that Council proclaim the week of Monday, May 7~h, 2001
to Sunday, May 13~h, 2001 as "Mental Health Week"in Niagara Falls.
RECOMMENDATION: That the request be supported.
-3-
The Optimist Club of Niagara Falls. Re: Proclamation - requesting that Counci/
proc/aim the week of May 7~h, 2001 to May 13th, 2001 as "Respect for Law Week"
and a "Day of Non-Violence'in the City of Niagara Fails.
RECOMMENDATION: That the request be supported.
Indian and Northern Affairs Canada. Re: Proclamation - requesting that Council
proclaim June 21=t, 2001 as "National Abodginal Day".
RECOMMENDATION: That the request be supported.
R. B. Andrews, 3190 Cattell Drive - Re: The Development of the Lundy's Lane's
Battlefield- requesting that consideration also be given to honoudng the Canadians
who fought for their country in the War of 1812 along with the United States and
Bdtish citizens and suggests that the City's Official Historian, Mr. Sherman Zavitz
along with Mr. Donald Graves write the text on tablets outlining the battle and the
Canadians' part in it.
RECOMMENDATION: Refer to staff.
o
Main & Ferry B.I.A., c/o 5917 Main Street - Re: 2001 Budget - requesting that
Council approve the Main & Ferry B.I.A. 2001 Operating Budget.
RECOMMENDATION: That the request be approved.
Correspondence from Alderman Art Federow, Chair, Mirror Hockey Ad Hoc
Committee - Re: May 2gh, 2001 Niagara Falls Minor Hockey Association
General Meeting. requesting that the Council Meeting of May 28th, 2001 be
postponed in order that interested Aldermen can attend the general meeting; and
further requesting that the general meeting be held in larger quarters due to an
expected large turnout.
RECOMMENDATION: For the consideration of Council.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(AkYerman Victor Pietrangelo, Chair)
COMMUNITY SERVICES MA TTERS
1. Chief Administrative Officer
-4-
CS-2001-04, Terms of Referance, Minor Hockey
ad hoc Committee.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTION~
(Alderman Wayne Campbell, Chair)
RA TIFICA TION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS
(Alderman Klm Craitor, Chair)
1. Chair, Municipal Parking &
Traffic Committee
PLANNING MA TTERS
1. Chief Administrative Officer
2. Chief Administrative Officer
3. Chief Administrative Officer
4. Chief Administrative Officer
MW-2001-52, Municipal Paddng & Traffic
Committee Recommendations, April 17, 2001
Meeting.
PD-2001-35, Application for Regional Policy Plan
Amendment; Town of Niagara-on-the-Lake Official
Plan and Zoning By-law Amendment to Permit
Airport Related Uses Adjacent to the Niagara
District Airport.
PD-2001-37, Application for Site Plan Approval;
SPC-53/2000, Victoda Avenue at Leader Lane;
Proposed Four-Storey
PD-2001-38, Application for Site Plan Approval;
4887 Dorchester Roacl, Expansion to
Zehts/Walmart Plaza.
PD-2001-39, Zoning Amendment Application;
AM-13/99, Jeff Dennington, Lyon's Parkway.
MISCELLANEOUS MA TTERS
1. Verbal Report Canada Day Activities - Alderman Kim Craitor,
Chair.
Chief Administrative Officer
Chief Administrative Officer
-5-
L-2001-23, Establishment of Road Widening as a
Public Highway, Victoria Avenue; Abutting
Niagara Glen-View Tent & Trailer Park Limited.
L-2001-24, Woods/Tremble Encroachment
Agreement with the City; 4770 Buckley Avenue.
RESOLU~ONS
That the Provincial Government be requested to forthwith draft legislation so as to
give Ontario municipalities the powers and tools to combat biker gangs at the local
level including, but not limited to, amending the Building Code Act, 1992 and
regulations thereto so as to prohibit the fortification of buildings of any kind, including
clubhouses and further to amend the Planning Act to give municipalities the power
to prohibit land uses associated with criminal elements.
BY. LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
200f-77
To establish part 1 on Reference Plan No. 59R-11249, as a public highway,
to be known as and to form part of Victoria Avenue.
2001-78
To authorize an Encroachment Agreement with Jeffrey Carson Woods and
Maurice Tremble for the purpose of permitting the encroachment of a
verandah and concrete steps onto the Buckley Avenue road allowance.
2001-79
To amend By-law No. 80-114, as amended, being a by-law to designate
private roadways as fire routes along which no parking of vehicles shall be
permitted.
2001-80
To amend By-law No. 395, 1966, as amended, of the former Township of
Willoughby, now in the City of Niagara Falls and By-law No. 79-200, as
amended. (Re: AM-13/99, Jeff Dennington)
200~-8 ~ To amend By-law No. 96-120, as amended. (Re:AM-13/99, Jeff Dennington)
-6-
2001~-82
To amend By-law No 89-2000, being a by-law to regulate parking and traffic
on City Roads. (Parking Prohibited, Standing Prohibited, Limited Parking,
Parking Meters)
200~-83
To amend By-law No. 89-2000, being a by-/aw to regulate parking and traffic
on City Roads (Stop Signs)
200'N84
To authorize the execution of an agreement with Earthlech Canada Limited
respecting the development of a Water Distribution System Hydraulic and
Water Quality Mode/with M/DS integration.
200'f-85
To amend By-law No. 79-200, as amended. (Re: AM-46/2000, Orsini Bros.
Inns Limited)
200;N86 To authorize monies for General Purposes (Apr# 23, 2001)
NEW BUSINESS
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafal[s.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: pianning@city.niagarafalls.on,ca
April 23, 2001
Doug DarbySon
Director
PD-2001-36
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re'
PD-2001-36, Zoning By-law Amendment Application
AM-46/2000, Orsini Bros. Inns Inc.
6039 Fallsview Boulevard
Proposed 15-storey Hotel
RECOMMENDATIONS:
It ils recommended that:
1)
Council approve the above application for a proposed 15-storey hotel at 6039 Fallsview
Boulevard and the associated off-site parking lot on Fallsview Boulevard; and
2)
the site plan/section 37 agreement include conditions respecting architectural elements of the
proposal, off-site parking, wind mitigation measures, interim streetscaping and the dedication
of road widenings.
THE PROPOSAL:
TkLe applicant has requested an amendment to the Zoning By-law to permit the construction ofa 15-
storey hotel and an associated off-site parking lot (see schedule 1). The hotel lands are currently
zoned TC-269, in pan, which permits a 10-storey hotel and TC over the remainder. The off-site
parking lands are zoned TC. The amendment requests that a new site specific provision be applied
to the hotel lands for the 15-storey hotel and to both the hotel lands and parking lands in order to link
both parcels in respect to parking.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
April 23, 20'01 - 2 - PD-2001-36
CIRCULATION COMMENTS:
Information concerning the requested amendment was circulated to City departments, several
goveixanent agencies and the public for comment. Comments to date have raised no concerns other
than the Municipal Works Department who is requiring a 3.0 foot widening to be dedicated along
part of Fallsview Boulevard frontage of the hotel lands and along the entire frontage of the off-site
parking lands.
PLANNING REVIEW:
1. Official Plan
The proposal is within the general intent and purpose of the Official Plan. The
proposed development is located at the northern end of the Fallsview Subdistrict, north of
the intersection of Fallsview Boulevard and Robinson Street. The Fallsview Subdistrict is
envisaged for up-scale accommodations attractions, entertainment and retail facilities. All
developments are to comply with the Tourist Area Design Guideline.,; 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 northem section of Fallsview Boulevard is in need of improvement. It is an entry into
the Fallsview Subdistrict from the Clifton Subdistrict and should have an attractive
streetscape and street presence that will draw pedestrians from Ferry Street, along Fallsview
Boulevard, toward the Grand Boulevard at Robinson Street. The applicant is intending the
hotel to have a lodge theme and to be a destination-oriented development. The proposed
development is one of the first for this area and should act as catalyst for further
redevelopment. The Official Plan does encourage street fi'ont buildings in order to engage
pedestrians and to avoid an inactive street resulting from the sole development of
accommodations. The hotel is set back from the street such that it lacks a street presence that
would further assist in enhancing the pedestrian environment. The proposed development is
set back almost 100 feet from Fallsview Boulevard and has a double'row of parking in front
(and behind) the building. Although the area between the parking and the sidewalk is
landscaped, the development provides no amenities that engage the pedestrian. In order to
provide for this, the building could be shifted eastwards and, as pointed out by the APR
Panel, by shifting the building, the developer would gain further redevelopment potential.
Although 25 pement landscaped open space is to be provided on the hotel lands, the site
design fails to meet the basic Tourist Area Design Guidelines standard of a 20-foot landscape
buffer between a parking area and the street line. More recent tourist developments have
been routinely providing this amount of landscaping in order to ensure adequate buffering
and screening of the parking lots and to assist in fulfilling the Official Plan policies
respecting the Park-in-the-City. As the developer is not providing street frontage buildings
(as noted above), it is paramount that generous landscape buffers be provided along the street
frontages. Given that the hotel parcel is in excess of 375 feet in fi'ontage, and that the site
is elevated in grade above Fallsview Boulevard, the parking lots in front and behind the hotel
will be imposing and will need to be extensively landscaped. Accordingly, the amending by-
law has been prepared such that the development will have to meet the Design Guideline
standards.
April 23, 2001 - 3 - PD-2001-36
The applicant is proposing that a parcel of land north of the hotel site on Fallsview Boulevard
be used as an off-site parking lot in order to satisfy the parking requirements of the hotel.
Although the Official Plan is silent on the issue of off-site parking, the Tourist Area
Development Strategy (TADS) recommended that off-site parking only be utilized for
parking in excess of the requirements of the zoning by-law and located within a 1,000 foot
radius of the principal site. Recent precedents have been to locate a portion of the required
parking for development off-site, usually on lands that area leased, in order to maximize the
development of the principal site and to avoid or delay the costs incurred in building a
parking structure. This proposal is essentially in keeping with the current trend and is
actually somewhat better than other proposals in that the off-site parking lands are only 170
feet north of the hotel site and are wholly owned by the applicant. The parking lot has been
designed with an acceptable amotmt of landscaping along Fallsview tloulevard, however, the
side and rear lot lines are not landscaped. Such a design does not meet the City's minimum
standards for site planning of 5 foot landscape strips; accordingly the amending by-law has
been written incorporating these landscape strips and the site plan drawings will have to be
altered and resubmitted.
No details of any stmetscape improvements have been provided at this time. Although it
may be premature to have the project landscape architect submit design details in advance
of any road improvements, interim streetscaping should be designed and installed in order
to upgrade the Fallsview Boulevard right-of-way. It is therefore recommended that, as a
condition of the site plan/section 37 agreement, the developer provide interim streetscape
details within 180 days of the date of the agreement as interim strectscape details have not
been submitted.
Massing and building orientation appear to be in compliance with the Design Guidelines.
Details follow below.
2. The four tests for high-rise development.
The APR Panel has recommended conditional support of the proposed development.
It notes that:
"While the ... design does not aspire to the vision of contrihuting and establishing
high quality urban environment along either street frontage by relating the building
more closely to the street, it is generally in conformance (with the Design
Guidelines)."
The pedestrian level wind study indicates that although several areas on-site will
experience significant wind impacts, pedestrians walking along thc street should not
experience any wind impacts caused by the proposed building. Mitigation measures
are recommended by the study for the on-site problem areas. 'These measures, which
may include wind screens, canopies or landscaping, have not been detailed on the site
plan drawings as additional work by the consulting engineer will be required in order
to determine what measures are needed. Accordingly, it is recommended that the
applicant supply the details of the wind mitigation measure,,; that would satisfy the
recommendations of the study within 180 days of approval m~d that this be included
as a condition of the site plan/section 37 agreement.
April 23, 2001 - 4 - PD-2001-36
The sun/shadow study indicates that the Design Criteria for developments casting
shadows onto abutting streets and properties has been met. Streets such as Stanley
Avenue require a minimum of 5 hours of sunlight on either side ora public sidewalk
whereas other streets, such as this section of Fallsview Boulevard, require 3 hours of
sunlight. Properties to the north, which include a couple of legal non-conforming
dwellings, will experience shadowing only in the winter months.
The traffic impact study indicates that the development will produce little impact
on the surrounding road network assuming that the current plans to widen Stanley
Avenue, Fallsview Boulevard and Murray Street are undertaken together with traffic
signals at certain intersections.
3. The requested amendment.
The requested amendment is appropriate for the development. The amending by-law
has been prepared for consideration at tonight's meeting at the request of the applicant. The
by-law has been written in the same manner as those previously prepared for high-rise hotels.
The hotel lands are to be zoned a site specific TC zoning that regulates the extent and
location of each portion of the building. Minimum landscaping will also be specified. The
off-site parking lands are to be zoned a site specified P zoning that will permit a parking lot
that provides that amount of required parking that cannot be provided on the hotel lands.
The two sites will be linked by a comznon site specific provision nnmber.
4. Phasing of the development.
The proposed 15-storey hotel is the first phase of development. The applicant's initial
application was to construct a 29-storey hotel. However, discussions revealed that the 29
storeys were to be developed in two phases and because of this, the application was revised
for a 15-storey hotel. A further application will be necessary for ~ny additional height or
building expansion. Should the applicant wish to add to the number of storeys, it will be
necessary to step-back those floors above the 15t~ storey. Given that any subsequent
application would have to be reviewed on its merits, the project architect should endeavour
to design the building in such a manner that will not place constraints on the building's
compliance with the Design Guidelines. For example, exit stairs and elevators should be
located such that these facilities can still be extended to any future upper floors with a
reduction in building width. The applicant should note that approval of this application does
not prejudice Council's decision on any future applications.
5. Agreements.
A site plan/section 37 agreement will be prepared subsequent to approval. The
agreement will contain conditions regarding architectural elements of the current proposal,
off-site parking, interim streetscaping, wind mitigation measures and the dedication of road
widenings.
April 23, 2001 - 5 - PD-2001-36
The requested amendment can be supported for the following reasons:
· The proposal complies with the general intent and purpose of the Official Plan.
· The proposal meets the four tests for high-rise hotels.
· The requested zoning amendment is appropriate for the proposal.
· An/y outstanding issues will be addressed in the site plan/section 37 agreement.
~ Re so ectfu lly submitt estig~d~/~
Pla:after 2 Chief Administrative Officer
Recommended by:
Doug Darb'~y~on
Director of Planning & Development
Approved by:
Tony Raven~~
Executive Director of Corporate Services
JB:am
Attach.
S:~PDRk2001LPD2001-36.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
6039 Fallsview Boulevard
Applicant: Orsini Bros. Inns Inc.
Alvl-46 / 2000
I :N-rS
i
April 16, 2001
FourPoints®
HOTEL
Sheraton
Mr, Doug Darbyson
Director of Planning and Development
City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Darbyson:
Re: City File AM-46/2000
Please accept this as notice of our objection to the proposed amendment of Zoning by-
law No, 79-200.
We own and operate the Four Points Hotel on Stanley Avenue, directly across the street
:from the proposed hotel construction. Our objection is based on the following reasons.
1), Our hotel is eight stories in height_ A 15 storey high-rise will
completely block the view of our guest rooms facing the east_
This would affect 50% of our total guest rooms.
2). All the guests staying on the east side will also overlook the parking
lot of the new Hotel.
3).
We tmderstand that the original proposal was for a 9 storey building.
If the building is to be increased to 15 stories, the proposed building
will cast a shadow on our hotel tkroughou} the day.
4).
We have just completed au expansion in lune 2000, which increases
our investment to over 20 million dollars. The height of our expansion
was restricted to eight stories. To allow a buildirig d/rectly across the
street from oar property to be substantially higher than ours is
discriminatory to our original application.
()ur company is most definitely pro-developm~nt, and would like the city to suggest that
the building be aa~gled in a way that will not shadow our hotel. Perhaps the architect can
suggest an alternate configuration of the new Hotel.
Four Points Hotel Niagara Falls
6045 Stanley Avenue (at Ferry), Niagara Falls, Ontario L2G 3Y3
(905) 374-4142 · 1-800-263-2566 · Fax (905) 358-3430
April 16, 2001
We are very concerned about the permanent damage to the value of om: property as a
result of the proposed cons~'uction and respectfully request the city to take this into
consideration
Sincerely,
!500549 BC Ltd,
]Dba Four Points ItoteL By-The-Falls, Niagara Falls
Mary Ann Mclntyre
General Manager
CANADIAN MENTAL
HEALTH ASSOCIATION
L'ASSOCIATION CANADIENNE
POUR LA SANT¢ MENTALE
Niagara South Branch
Main Office
RO. Box 1251, Hwy. No. 20
Fonthill Shopping Centre
Fonthill, Ontario LOS 1E0
Tel (905) 892-1991
Toll Free (905) 382-3995
Fax (905) 892-1993
E-mail: cmhansb@iaw, on.ca
April 3, 2001
Mr. Woody Wagg, City Clerk
City of Niagara Falls
4310 Queen St.
Niagara Falls, ON L2E 6X5
Dear Mr. Wagg:
Since 1952, Mental Health Week in Canada has traditionally been held during the first week of
May. The official date for this week is Monday, May 7th to Sunday, May 13th.
The, Niagara South Branch of the Canadian Mental Health Association would like to take this
opportunity to ask you to officially declare Mental Health Week in the City of Niagara Falls.
We have enclosed a suggested wording for a declaration. This is merely for your convenience.
Please feel free to alter the wording or to issue the declaration in your own words.
We have telephoned the Mayor's secretary and secured the time of 11:00 :am. to have an official
flag: raising ceremony as part of the declaration on Monday, May 7, 2001 with his Worship
Mayor Wayne Thomson.
As you know the purpose of Mental Health Week is to remind our fellow citizens of the
necessity for emotional well-being and to alert them to the issues surromading mental health in
our community. We would appreciate your help in supporting our efforts by officially declaring
Mental Health Week in the City of Niagara Falls.
Sincerely,
Mary Fox
President, Board of Directors
/la
Encl.
United Way
Affiliated Agency
Fort Erie Satellite Office: 230 Bertie St., Fort Erie, Ontario L2A 1Z2 (905) 382-3995
Club Niagara Activity Centre: 5841 Ferry St., Niagara Falls, Ontario L2G 1S9 (905) 388-7175
CHARITABLE REGISTRATION NO 0471599-11
of Health
The Optimist Club
OF NIAGARA FALLS
PO. BOX 124
NIAGARA FALLS, ONTARIO
L2E 6S8
March 31, 2001
Mr. W. Wagg,
City Clerk
43 l0 Queen Street,
Niagara Falls, Ontario.
L2E 6X5
Dear Mr. Wagg.
Each year since 1945 The Optimist Clubs across North America have set aside a week in
May to dedicate it as Respect For Law, and A Day Of Noa-Violenee to recognize those
individuals in the Police Services as well as the privet sector. This year is no exception, as the
Opt/mist Club of Niagara Falls is having an awards dinner to honour those who have given to
help our community.
We would appreciate it if the City Of Niagara Falls would proclaim the week of May 7
to May 13 as Respect for Law Week and A Day of Non-Violeace in the City of Niagara Falls.
Please give this request you consideration and we thank you for your help in the past.
Yo~; Optimism,
Secretary,
Niagara Falls Optimist Club
Indian and Northern
Affairs Canada
www. inac.gc.ca
Affaires indiennes
et du Nord Canada
www.aJnc.gc.ca
Subiect: National Aboriginal Day
Dear Madam/Sir:
How will you be celebrating National Aboriginal Day this year? I invite you to share in
the celebration this June 21st by taking part in activities or organizing events in your area.
Contact a national or local Aboriginal organization or connect to www inac.qc.ca this
May/June to find out what events are taking place across the country.
Along with the National Aboriginal Day bookmark enclosed in this letter, the following
promotional materials are available to you free of charge from Indian and Northern Affairs
Canada, simply by filling out the enclosed order form:
Posters & Postcards: Outstanding artwork from three Aboriginal artists on the theme of
Celebrating Aboriginal Peoples is reflected on a trio of posters and postcards representing the
three Aboriginal groups in Canada - First Nations, Inuit and M~tis.
Pamphlet: An informative pamphlet providing background information on National Aboriginal
Day and thoughts from Aboriginal people across Canada on the meaning of National Aboriginal
Day.
Children's Activity Guide: New this year! An informative and entertaining guide featuring
stories, recipes, puzzles and games centred around the theme of National Aboriginal Day.
(available while supplies last)
Aboriginal Fast Facts Crunchers: New this yead Also known as "Fortune Tellers", this
coloufful and unique game for children features fun facts about First Nations, Inuit and M~tis
peoples. (available while supplies last)
I hope you will enjoy these products and use them to foster support for National
Aboriginal Day. I invite you to display them and share them with your friends, family and
colleagues and encourage you to take part in National Aboriginal Day activities hosted in
your area.
Thank you for helping make National Aboriginal Day a success!
Yours truly,
al
~6mmun~-tions Branch
encl.
Address
NATIONAL ABORIGINAL DAY
June 21
Product Order Form
Promote National Aboriginal Day in your home, school or workplace.
Order these free products today!
Telephone
Province Postal Code
Please indicate the quantity of each item you would like to receive. We retain the right to limit quantities.
POSTER TRIO
-- QS-6142-001-EF-A1, QS-6142-002-EF-A1, QS-6142-003-EF-A1
PAMPHLET
QS-6142-000-BB-A1
BOOKMARK
QS*6142-(~04-BB-A1
POSTCARD TRIO
QS-6142-005-BB-A1, QS-6142-006-BB-A1 ,QS-6142-007-BB-AI
Items available in April:
CHILDREN'S LEARNING & ACTIVITY GUIDE Ages 8 - t t
QS-6154-000-EE-A1
ABORIGINAL FAST FACTS CRUNCHERS CHILDREN'S GAME
QS-6155-000-BB-A1
If faxing or mailing your order, please take a moment to answer these questions.
1. How did you become aware of National Aboriginal Day?
__ school __ workplace
__ word of mouth __ by this letter/order form
2. These materials are being ordered for:
__ personal use, __ school
__ public sector organization
__ advertising __ newspaper, radio or ~levision story
__ other (specify)
Internet
-- community or community organization
other (specify)
__ private company
3. How are you planning to celebrate National Aboriginal Day?
__ attending an event in my community
__ reading about Aboriginal people, issues and/or culture
__ other (specify)
travelling to an event outside my community
not celebrating this year
__ organizing an event
4. PROFILE - Please indicate below the type of organization your NAD order is for:
elementary or secondary school
college or university
educational institution
cultural organization
library
federal govemment
provincial or territorial government
municipal government
SEND YOUR ORDER BY ANY OF THESE METHODS:
NOTE: Please fax or phone your order for quantities greater than 30.
FAX
(819) 779.-2833
PHONE
(819) 997-0380
MAIL
indian and Northern Affairs Canada
Public and Publication Inquiries, Room 1415
OTTAWA ON K1A 0H4
__ Member of Parliament
__ political organization
__ private company
ONLINE
Visit the National Aboriginal Day Web site
wv~v.inac.gc, ca/nad/
Indian and Northern Affairesindiennes
Affairs Canada et du Nord Canada
R.B. Andrews,
3190 Cattell Dr,
Niagara Falls, On., L2G 6M9
Mayor Wayne Thomson,
4310 Queen St.,
Niagara Falls, On., L2E 2K9
March 29, 2001
REi
The Development of the Lundy's Lane Battlefield
The City's proposed development of the Lundy's lane Battlefield present you and the
council with a wonderful opportunity to give our children the gift ora part of their
heritage. Yet there is a danger that this opportunity will be lost.
Recently I attended a meeting of the Lundy's Lane Historical Society where a
presentation was made of the City's proposed development of this historic site. We were
told that the American Legion would like to erect their flag on the field and that mention
would be made of the BritiSh troops who fought here. Fine, but there was no mention of
the Canadians who fought f~r their country (I include the native warriors in the word
Canadian). We would not ~ living under the Canadian flag to-day if it had not been for
those Canadian soldiers and warriors. Many families in our area have ancestors who were
fighting to preserve their homes and their country in that war.
tis the Americans rightfully refer to their ancestors as Americans who fought in the
French-Indian War (Seven Years War- 1756-1763) and not as British even though they
were, so too should we honour our own as Canadians. Otherwise it leads people to
t~lieve that Canadians took no part in fighting for their own country.
If we are ever going to build a nation and give our children pride in being Canadian it is
time that we honoured our fallen in the War of 1812 as Canadians.
If we are willing to honour the United States citizens and the British as we should, then
why not the Canadians who fought for their own country?
I would suggest that the City's fine official historian, Sherman Zavitz be asked, along
with Donald Graves, who wrote the definitive history of the Battle of Lundy's Lane to
write the text on tablets outlining the battle and the Canadians' part in it
Yours truly,
R.B. Andrews
Cc: Council of the City of Niagara Falls
Main & Ferry B.I.A.
c/o 5917 Main Street,
NIAGARA FALLS, Ontario
L2G 5Z7
(905) 356-3550
March 26, 2001
Mr. Tom Smith
Finance Department
City of Niagara Falls
P. O. Box 1023,
NIAGARA FALLS, Ontario L2E 6X5
Dear Tom:
Further to my conversation with Anne, I am forwarding the approved budget for our
organization for 2001. The total that we are requesting in the Levy is $ 37,500.00, the
same as last year.
Thank you for your co-operation in this matter. If you have any questions, please contact
me at any time.
Sincerely,
Jeff Morgan
Treasurer
Main &~
2001 Operatin~ Budget
Insurance
Rainbow Gardens
Niagara Falls Hydro
Niagara Falls Kiwanis Club
Niagara Falls Review
C.J.R.N./The River/Promos
G.A.M.S.
Hockey Rink Boards
Audit Fees
Other Promotions
Miscellaneous
Contingency (Decor./Banner repairs)
$ 1,100.00
6,000.00
200.00
3,000.00
2,500.00
15,000.00
3,200.00
900.00
700.00
1,400.00
1,000.00
2,500.00
Total Budget & Levy $ 37,500.00
April 17, 2001.
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Niagara Falls Minor Hockey Association General Meetin~
A Notice had appeared in the local Niagara Falls newspaper on April 12,2001, indicating
that the Niagara Falls Minor Hockey Association would be holding their Annual General
Meeting on Monday, May 28th, 2001 at 6 p.m. at the Niagara Falls Memorial Arena in the Blue
Line Room.
On behalf of your Ad Hock hockey committee, we request the foil[owing:
1)
That the Council meeting of May 28th, 2001 be postponed, in order that interested
Aldermen can attend this very important meeting;
2)
That Council authorize a request that the meeting be held in larger quarters, either
where the Wall of Fame meetings are held each year or in the Stamford Arena
meeting room. This request is made due to the expectatiun that there will be a
very large turnout for the Niagara Falls Minor Hockey Association.
Yours truly,
Art Federow, Alderman
Chair, Minor Hockey Ad Hoc Committee
NP/bhm
Community Services Department
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) 357-9293
E-mail: jmacdona@city.niagarafalls.on.ca
CS-2001-04
John MacDonald
Executive Director
April 23, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
re: CS-2001-04 - Terms of Reference
Minor Hockey ad hoc Committee
Recommendation:
That the attached Terms of Reference is provided for the information of Council.
Background:
At the Community Services meeting held on April 9, 2001, members requested information
regarding the Terms of Reference that was prepared and agreed upon by the ad hoc committee.
If you have any questions regarding the attached, the members of thc ad hnc committee are:
Alderman Art Federow, Chair
Alderman Kim Craitor
Alderman Norm Puttick
Prepared by: ,,
// Jotm MacDonald
/// Executive Director of Community Services
?e,~_~¢t fully submitted:
Edward P. Lustig -
Chief Administrative Officer
JM:kk
Attachment
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
AD HOC COMMITTEE
TO ADDRESS CONCERNS BROUGHT FORWARD
REGARDING MINOR HOCKEY
TERMS OF REFERENCE
Committee is a facilitator/mediator/expediter.
Committee is a neutral third-party which is willing to listen to all parties.
Committee has no legal authority to effect change over Minor Hockey.
Committee will not assess blame or fault.
Committee may make appropriate suggestions/recommendations, as a
result of this process.
Committee will report back to Council for information purposes.
R:~John~,d Hoc Committee - February 2, 2001 .wpd
The City of
Niagara Falls
I -
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Ed Dujlovic, P, Eng.
Director
MW-2001-52
File G-180-01
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih munwks@city.niagarafalls.on,ca
April 23, 2001
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-52
Municipal Parking & Traffic Committee
Recommendations - April 17, 2001 Meeting
RECOMMENDATIONS:
1) MW-2001-37 - St. James Avenue - Parking Review
It is recommended that a two-hour parking restriction be installed on the west side of St.
James Avenue between Thorold Stone Road and Crawford Street between the hours of
8:00 a.m. and 4:00 p.m. Monday to Friday.
2) MW-2001-39 - Morrison Street - Parking Review
It is recommended that:
the existing "No Parking" restriction be replaced with a '~'No Stopping"
restriction on:
i)
both sides of Morrison Street from Drummond Road to a point 13 metres
west of Drummond Road;
ii) the south side of Morrison Street from a point 32 metres west of
Drummond Road to a point 10 metres east of LaM~trsh Drive;
iii) the north side of Morrison Street from a point 32 metres west of
Drummond Road to a point 55 metres east of LaMarsh Drive;
iv) the south side of Morrison Street from LaMarsh Drive to a point 300
metres west of LaMarsh Drive;
v) the north side of Morrison Street from a point 40 metres east of LaMarsh
Drive to a point 300 metres west of LaMarsh Drive;
April 23, 2001
2.
-2- MW-2001-52
the existing "No Parking" restriction be replaced with a "No Standing"
restrictions on:
i)
both sides of Mordson Street from a point 13 metres west of Drummond
Road to a point 32 metres west of Drummond Road;
ii) the south side of Morrison Street from LaMarsh Drive to a point 10 metres
east of LaMarsh Drive; and,
iii) the north side of Morrison Street from a point 40 metres east of LaMarsh
Drive to a point 55 metres east of LaMarsh Drive.
3)
4)
S)
MW-2001--41 - Bvng Avenue at Leemino Street - Intersection Control Review
It is recommended that no revisions to the existing traffic control devices at the
intersection of Byng Avenue and Leeming Street be carried out at this time.
MW-2001-44 - Sl~ring Street and Desson Avenue - Intersection Control Review
It is recommended that:
1. a stop sign be installed on the north leg of Desson Avenue at Spring Street
facing southbound motorists; and,
2. Staff further investigate the need for an all way stop sign.
Stamford Green Drive ~,, Linden Avenue - Request for All Way Stop
It is recommended that an all way stop control be installed at the intersection of Stamford
Green Drive and Linden Avenue.
Oueen Street Medical Building - Reauest for Parkino Changes
It is recommended that:
1. two parking meters in front of the Queen Street Medical Building be converted
from a two-hour time limit to a 15 minute time limit; and,
2. the lease parking spaces be reduced from 25 spaces to 15 spaces to
accommodate more daily pay customers.
BACKGROUND:
The Municipal Parking and Traffic Committee, at its meeting of April 17, 2001, considered the
mallers noted and formulated the recommendations above.
April 23, 2001 -3- MW-2001-52
Council's concurrence with the recommendations outlined in this report would be appreciated.
.Respectfully submitted by:
for Alderman Kim Craitor, Chairperson,
Municipal Parking & Traffic Committee
S:\T RAFFIC~REPORTSX2001 ~2001 Council~MW2001-52.wpd
The City of
Niagara Falls
I -
Community Services Department
Municipal Works
4310 Queen Street
P,O, Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city,niagarafalls,on.ca
Ed Dujlovic, P. Eng.
Director
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
April 23, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2001-55
Release of Security Sidewalks/Calaguiro Subdivision
January Drive
RECOMMENDATION:
Th.at the security being held by the City to cover the cost of the construction of sidewalks on January
Drive (Calaguiro Subdivision) be returned to the developer.
BACKGROUND:
On August 10, 1987, the Municipal Works Committee decided to delete the requirement of
constructing sidewalks on January Drive in the Calaguiro Subdivision. This decision was supported
by the majority of the residents on January Drive. Since this decision was not supported by 100%
of the residents, the Municipal Works Committee decided to retain securities to cover the cost of the
construction of the sidewalks until the expiry of the subdivision agreement, May 4th, 2001.
This date is approaching and the developer has requested that his security be returned.
St~fff has no objections to this request and would recommend that the security be returned to the
developer on May 4, 2001.
Council's concurrence with the above would be appreciated.
Prepared by:
Sam Iorfida
Manager of Special Projects
Respectfully submitted:
Edward P. Lustig
Chief Administrative: Officer
Cont'd Pg 2...
Municipal Works
Working Together to Serve Our Community
Fire Services Parks, Recreation & Culture
Business Development
MW-2001-55 Page 2 April 23, 2001
Recommended by:
Ed[ Dujlovic, P. Eng.
Director of Municipal Works
Approved by:
~Jo]hn MacDonald
Executive Director of Community Services
SI:lb
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-2001-35
April 23, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-35, Application for Regional Policy Plan Amendment
Town of Niagara-on-the-Lake Official Plan and Zoning By-law
Amendment to Permit Airport Related Uses Adjacent to the
Niagara District Airport
RECOMMENDATION:
This report has been prepared for the information of Council.
BACKGROUND:
Planning staff from the Region, Niagara Falls, Thorold and St. Catharines were recently invited to a
meeting where information was provided regarding a 40-acre development adjacent to the Niagara
District Airport in Niagara-on-the-Lake. The project has been named Southwest Airside Development
and is located at the northwest comer of Airport Road and Niagara Stone Road (Regionai Road 55). The
development proposal is to provide uses that are directly related to the Niagara District Airport namely
airplane hangers, taxi ways, secondary airport access, commercial flying agencies, car rental agencies,
travel agencies, car parks, industrial uses requiring close proximity to an airport, recreational uses and
commercial uses which provide goods and services to the airport.
The proposed development is consistent with the Niagara District Airport Master Plan. The project is
supported by the Niagara District Airport Commission. This information report is intended to apprise
Council members of the proposed development. Should any member of Council wish to pursue the
comprehensive planning report which has been prepared in support of the proposed development, a copy
is available in the Planning Department.
Prev..pared and recommended by:
t, Darby'son
Director of Plarming & Development
Agproved by:
Tony Ravenda
Executive Director of Corporate Services
DD:tc
SSPDRk2001kPD2001-35.wpd Working Together to Serve Our Community
Clerk's · Finance · Human Resources Information Systems Legal
Res lly submittey ~
Chief Administrative Officer
Planning & Development
The City of
Niagara Falls
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-2001-37
April 23, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re'
PD-2001-37, Application for Site Plan Approval
SPC-53/2000, Victoria Avenue at Leader Lane
Proposed Four-storey Hotel
RECOMMENDATIONS:
It is recommended that:
1)
Council approve the site plan for a proposed four-storey hotel development located on
Victoria Avenue at Leader Lane; and
2) by-law 80-114 be amended to include the fire access route.
BACKGROUND:
An application for site plan approval has been received from The Great Lakes Companies Inc. for
lands located on Victoria Avenue at Leader Lane, currently the site of the Glenview Trailer Park.
The applicant proposes to construct a four-storey hotel development that includes:
398 guest rooms;
50,000 sq. ft. water park; and
associated restaurant, meeting room and retail facilities.
The traffic impact study conducted for the development has recommended that traffic signals be
installed at the intersection of Victoria Avenue and River Road prior to 2005. This is due to both
the projected traffic volumes for both roads and the impact of the subject development. Accordingly,
the site plan agreement will include a condition respecting the timing of the construction and the
proportion of cost-sharing between the City, the Niagara Parks Commission (NPC) and the
developer.
Working Together to Serve Our Community
Clen'<'s Finance Human Resources Information Systems Legal Planning & Development
April 23, 2001 - 2- PD-2001-37
Due to the size of the development, the Fire Department requires extensive access throughout the
site. In order to guarantee this, the fire access routes are recommended to be designated through an
amendment to the City's Fire Route By-law, 80-114. By doing so, the developer can request
enforcement of the by-law by the City.
The site plan drawings have been satisfactorily reviewed by the Site Plan Technical Committee and
the NPC an~, as such, approval is recommended.
~-I~ y
Planner 2
Re)gect fully submitted:
Edward P. Lus~'g J
Chief Administrative Officer
Recommended by:
Doug Dfirrbyson
Director of Planning & Development
App..roved by:
Tony Ravenda
Executive Director of Corporate Services
JB:tc
Attach.
z/
S33VdS 3~N±NJ ~ /
,,,iiii,,,,ii,I,,
'l'he City of
Nm°r° o,s
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-2001-38
April 23, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-38, Application for Site Plan Approval
4887 Dorchester Road - Expansion to Zehrs/Walmart Plaza
RECOMMENDATIONS:
It is recommended that Council approve the site plan for a proposed expansion to the Zehrs/Walmart plaza.
BACKGROUND:
An application for site plan approval has been received from First Niagara Developments Limited and
80270(~, Ontario Inc. The applicant proposes to construct a fifth building on the site with a building area of
24,900 square feet. The building is to be segregated into five units that range in f~[oor area from 2,500 square
feet to 7,000 square feet.
The site plan drawings have been satisfactorily received by the Site Plan Technical Committee and the
Ministry of Transportation and, as such, approval is recommended.
Recommended by:
~Doug Darbfyson
L)irector of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
JB:gd
Attach.
S:\PDRk2001 hPD2001-38.wpd
Clefl<~ Finance
Respectfully submitI~l:
· Lust
Chief Administrative Officer//
Working Together to Serve Our Community
Human Resources Information Systems · Legal
Planning & Development
~ILE No.9:[1 04/18 '01 14:29 ID:FIRST PROFESSIONAL FA×:4164990329 PAGE 2
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FILE No.311 04/18 '01 14:31
ID :FIRST PROFESSIONAL
FAX: 4164930329
PAGE 4
I
coo.
I~
~lnO~ 3BL~ 'lS~x3
iagara FOIl ll /
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-2001-39
April 23, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-39, Zoning Amendment Application AM-13/99
Jeff Dennington, Lyon's Parkway
RECOMMENDATIONS:
It is recommended that:
1) Council approve the zoning and site plan control by-laws on tonight's agenda; and
2)
Council withdraw the condition of requiring the 8.0 metre road dedication as a
condition of development approval for the reasons noted in this report.
BACKGROUND:
Proposal
The applicant proposes to rezone the subject parcel shown on the attached Schedule 1 to a single
family residential zone to permit the construction of a single-detached dwelling.
Council is familiar with this zoning amendment application. Council originally gave approval in
principle to the application on September 13, 1999 subject to the following conditions:
the by-law contain an appropriate sized building envelope and setback from Ort Road to
maintain the intent of the Environmental Impact Study (EIS) recommendations;
the Site Plan Control By-law be amended to put the property under Site Plan Control to
better implement the recommendations of the EIS;
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
April 23, 2001 - 2 - PD-2001~39
the applicant dedicate an 8.0 m (26.2 It) deep strip of land to the City for road purposes to
provide the Grau property with some frontage; and
that an appropriate one-foot reserve be implemented along the new frontage to the Grau
property; and
the dedication of land for extension of Lyon's Parkway take place prior to the passing of the
zoning by-law amendment.
Committee-of-the-Whole
As Council is aware, Mr. Grau, who represents the landholders of the abutting property, has been
opposed to the application on concerns that it would prevent him from accessing his property from
Lyon's Parkway.
On January 22, 2001, Council considered the matter of the road dedication at Committee-of-the-
Whole at the request of Mr. Dennington's solicitors. Mr. Dennington's solicitors argued the City
had no authority under the Planning Act either through the zoning by-law amendment or site plan
approval process to apply the road dedication condition. At the meeting, the Committee considered
the attached information points (Schedule 2) as well as advice from the City Solicitor.
From a planning perspective, the road dedication request to provide the abutting property with a
means of access in proximity to urban services represents good planning principles. This is similar
to a typical subdivision development where a developer is required to provide a roadway to an
adjoining undeveloped property for the future development of the adjoining lands. This is a
fundamental planning objective to allow for the efficient development ofurban land. While this
principle is normally applied on the grander subdivision scale, staff is trying to provide the same
opportunity to the owner of the abutting parcel (Mr. Grau) in this situation.
Council chose to uphold its position of requiring the road dedication as a condition of development
approval.
Subsequent Meetings
Since the Committee-of-the-whole meeting, staff has met with Mr. and Mrs. Grau to explain the
rea2~on for requiring the road dedication as a condition of site plan approval[ rather than zoning by-
law approval. A meeting was also arranged by staff with Mr. and Mrs. Grau and Mr. Denington to
determine if the two parties could work out a settlement for Mr. Grau to purchase the subject 8.0
metre road frontage. Mr. Dennington agreed to sell the intended 8.0 metre road strip. The meeting
was adjourned in hopes a settlement could be worked out to avoid an OMB heating. Unfortunately,
a settlement between the two parties could not be reached. On March 29, 2001, a meeting with City
Planning, Engineering and Legal staff, Mr. Denington and Mr. and Mrs. Grau was arranged at Mr.
Grau's request.
April 23, 2001 - 3 - PD-2001-39
At the meeting, Mr. Grau indicated that the Grau family wished to have no further involvement in
Mr. Denington's rezoning application. Attempts were made by staff to mediate a possible settlement
reg;arding the disputed 8 metre road extension which would provide access to the Grau property;
however, Mr. Grau expressed an unwillingness to negotiate for personal reasons. He advised the
Grau property was available for pumhase at a specific price. The meeting concluded with Mr. Grau
and Mr. Denington unable to reach a compromise and Mr. Grau's indication that he no longer
wanted to be part of the issue surrounding the application.
Site Plan Approval By-law
Putting the property under site plan control will provide for a site plan agreement which
complements the objectives of the zoning by-law in implementing the Environmental Impact Study
for the property. The applicant has not contested putting the property under site plan control but has
contested the City taking the 8.0 metre road dedication as a condition of site plan approval.
CONCLUSION:
Thc: 8.0 metre road dedication was requested as a means of providing the Grau property with some
access onto Lyon's Parkway to facilitate the development of an urban parcel and to provide for the
efficient use of urban lands. Notwithstanding these planning obj ectives, Mr..Grau has now indicated
that he wishes to have no further involvement in the Deningt0n application. Given Mr. Gran's new
position on this issue, staff recommends that the condition of the 8.0 metre road dedication be
deleted.
p~ed by:
Dave Heyworth
Planner 2
Recommended by:
Doug Darbyson
Direc~r 9f Planning & Development
R. O. Kallio
City Solicitor
Approved by:
Tony Ravend'a
Executive Director of Corporate Services
DH:am
U:\LEGAL~P D2001-39.wpd
Respectfully submitted:
Edward P. Lustig
Chief Administratiw~- Officer
SCHEDULE 1
Amending Zoning By-law 79-200
Subject Land ~
Location Map
Part of Township Lot 19, Concession 3
In the former Township of Willoughby,now in
The City of'Niagara Falls, in the Regional Municipality
of'Niagara shown partly as Part ! on Reference
Plan 59R-9198
1 :NTS
AM- 13/99
SCHEDULE 2
JEFF DENINGTON
AM-13/99
LYONS PARKWAY
INFORMATION BULLET POINTS
On September 13, 1999, Council considered the attached staffreport PD-99-81 and approved
the report's recommendations. This report will provide Council with background
information on the issue.
The report recommended the application be approved with conditions which in part
implement an Environmental Impact Study completed for the application and aim to provide
Mr. Grau with some access to his property in close proximity to municipal services.
A letter submitted by Sullivan Mahoney, who represents Mr. Denington, indicates Mr.
Denington's sole concern is the dedication of an 8 metre in-depth strip of land to the City for
road purposes to provide an abutting property owner (Mr. Grau) with some frontage on
Lyon's Parkway. Mr. Denington's solicitors argue that Council has no authority to impose
the above noted condition to the approval of the zoning by-law amendment and believe it is
inappropriate to use Section 41 of the Planning Act to obtain the dedication.
With respect to the conditions of taking the road dedication prior to the passing of a zoning
by-law, staff in a letter dated September 28, 1999 indicated a willingness to take the land
dedication as a condition of site plan control and indicated a zoning by-law could be brought
to Council once the site plan control by-law has been amended.
Policy 1.4.7 of the Official Plan states "The acquisition of lands for roads and rights-of-way
improvements will conform to prescribed Provincial standards. Where lands are required
for road construction or widening, such lands shall be conveyed to the appropriate public
body as a condition of development approval." This policy is more .generalized than policy
1.4.12 which allows the municipality to require road improvements due to impacts created
by a development on a specific parcel.
The lands being acquired, with respect to Policy 1.4.7, to provide the abutting property with
a means of access in proximity to urban services represents good planning principles. This
is similar to a typical subdivision development where a developer is required to provide a
roadway to an adjoining undeveloped property for the future development of the adjoining
lands. This is a fitndamental planning objective to allow for the efficient development of
urban land. While this principle is normally applied on the grander subdivision scale, staff
are trying to provide the same opportunity to the owner of the abutting parcel (Mr. Grau) in
this situation.
Mr. Denington will have a substantial sized building envelope after considering the
environmental constraints and road dedication.
Based on the above points, staff continue to support the requirement of the 8.0 m road
dedication.
E00' d -1~101
April 20, 200!
URGENT
Please Reply to St. Ca~ar:mcs Office
VIA FAX
Clerk,
City of Niagara Falls,
4310 Queen Street,
P.O. Box 1023,
Niagara Falls, ON L2E 6X5
Dear Sir:
Re:
AM-13/99, Jeff Denington
re: Lyon's Parkway
We act as the solicitors for Mr. Jeff Deningmn in the 3bgv¢-referenced matter. We
have been advised that Council will be considering the passage of a Zoning By-Law
Amendment and Amendment to the Site Plan Control By-Law in respect of our client's
development. In doing so, we further understand that Council will he considering the removal
of the condition that our client dedicate an 8 metre in depth strip of land to the City for road
purposes to provide the adjacent property owner, the Oran family, with frontage along with
the removal of the related condition that a 1 foot reserve be implemented along the new
frontage to the Orau property,
We would kindly request that this writer be afforded the opportunity to address
Council on this matter, if necessary.
Thank you in advance for your attention to this matter,
Yours very truly,
IKV:jh
Sullivan Ma~fion~ey LLP
Ro/t~o VEEca
Sullivan Mahoney LLP, Barristers & S~lk-"lt.~',s
gOO/gOO ' d £8069~£g06
The Cily of
Corporate Services Department
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
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
CiW of Niagara Falls, Ontario
Members:
April 23, 2001
R.O. Kallio
City Solicitor
L-2001-23
L-2001-23, Establishment of Road Widening
As a Public Highway - Victoria Avenue
Abutting Niagara Glen-View Tent & Trailer Park Limited
Our File No.: 2000-241
RE COMMENDATION:
That the road widening, described as Part 1 on Reference Plan No. 59R-111249 be established as a
public highway, to form part of Victoria Avenue.
BACKGROUND:
On January 8, 2001, Council closed and declared surplus part of the road allowance between
Stamford Township Lot No. 74 B.F. and 75. Subsequently the property was sold to Niagara Glen-
View Tent & Trailer Park Limited. A road widening, described as Part 1 on Reference Plan No.
59R-11249, was retained by the City. This road widening is located on the east side of Victoria
· Avenue and shown hatched on the plan attached. Staff is now recommending that the subject road
widening be dedicated as a public highway to form part of Victoria Avenue.
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
ed by:
City Solicitor.
Approved by:
Tony Ravenda,
xecutlve Director of uorporate Services.
t fully~,Submitt e ~d*x,
Edward P. Lustig, .//
Chief Administrative Off. er.
Working Together to Serve Our Community
Clerk's Finance Human Resources · Information Systems Legal Planning & Development
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'PART 51
NO, 6~617) ~
S.W. CORNER
BLOCK 11, PLAN 1002
--PIN 64269- 0177-~
/
/
Corporate Services Department
The City of
Niagara Falls
I-
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-maiD: rkallio@city.niagarafalls.on.ca
R.O. Kalllo
City Solicitor
L-2001-24
April23,2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-24, Woods/Tremble Encroach~nent Agreement
with the City - 4770 Buckley Avenue
Our File No.: 2000-264
RECOMMENDATION:
The continuation of the encroachment of the verandah and concrete steps at 4770 Buckley Avenue,
as set out in heavy outline on the plan attached, be permitted.
BACKGROUND:
A request has been received from Jeffrey Carson Woods and Maurice Tremble, the owners of 4770
Buckley Avenue, for permission to continue the encroachment ora verandah and concrete steps upon
the Buckley Avenue road allowance. The plan attached shows, in heavy outline, the encroachment
extending onto the road allowance.
The owners have agreed to enter into an encroachment agreement with the City to permit the
corttinuation of the encroachment. Under the agreement the owners agree to remove any such
portion of the encroachment erected upon the Buckley Avenue road allowartce at any time, upon 30
days notice, in writing, from the City in the event that the said part of the road allowance is required
by the City or by any utility company serving the area, for its purposes. In accordance with
L-2001-24 - 2 - April 23, 2001
st,tbbshed pohcy, an O.L.S. plan of survey, an O.L.S. description of the encroachment, the legal
fee of $300.00 and other supporting information have all been received from the owners' Solicitor.
In addition, the applicant will be required to reimburse the City for any other corporate costs that
may be incurred. Staff has no objections to the continuation of the encroachment.
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
City Solicitor.
by:
Respectfully Submittgd:
Edward P. Lustig, /
Chief Administrative Officer.
Working Together to Serve Our CommuniO~
C/ertc's Finance Human Resources Information Systems Legal · Planning & Development
9
.oT-
DISTANCES SHOWN ON THIS PLAN ARE IN FEET AND C~
BE CONVERTED TO METRES BY MULTIPLYING BT 0.304~
SKETCH;
The City of Niagara I:all$ Ontario
C uH¢il Clm ber
No,
Moved by Alderman
Seconded by Alderman
April 23, 2001
WHEREAS biker gangs bring death and destruction with them wherever they
AND WHEREAS there is indisputable evidence that biker gangs are moving into
Ontario cities and towns.
AND WHEREAS biker gangs are a clear and present danger to peaceful and law-abiding
Ontario communities; AND
NOW THEREFORE BE IT RESOLVED THAT: The Provincial Government be
requested to forthwith draft legislation so as to give Ontario municipalities the powers and tools
to combat biker gangs at the local level including, but not limited to, amending the Building
Code Act, 1992 and regulations thereto so as to prohibit the fortification of buildings of any kind,
including clubhouses and further to amend the Planning Act to give municipalities the power to
prohibit land uses associated with criminal elements.
AND the Seal of the Corporation be hereto affixed.
E.C. WAGG
CITY CLERK
WAYTqE THOMSON
MAYOR
~gaz
1
View looking toward
Cul de Sac
Robertson Street.
View looking up
toward jolly cut
pedestrian stair
View looking towards
discrete pedestrian
jolly cut access
AIMON
~ASSOCIATE
INC.