Additions 2008/07/21 ADDITI®NS T® C®UNCIL, IVI®NDAY, JULY 214 2008
Council
PEanning
1. PD-2008-70 Officia0 9~lan and Zoning By-9aw Amendment AppBication
5471, 5491 and 5507 River Road and Vacant Land on the West Side of River
Lane and on the Northwest Corner of River Road and John Street
a) Correspondencefromhichael Goldberg, Goldberg Group,requesting deferral
b) Correspondence from the Region's Public Works Dept.
By-Saws
1 2008-126 A by-law to address public nuisances
FROM (FRI?JUL 79 2008 14: 07fST. 74: 07fNo. 7576307479 P 7
cor`aet~~~''~~db~~~frv~i>~~~~~~`~~ti}3.~.1Artn DEVa=~.ontwalr.N~ ~
2171 AVENUE ROAD, SUITE 301, TORONTO, ONTARIO M5M 464 ~ ~
Date: July 18, 2008 B~eges: 2
To: Cleek, City of Niegeu~a Fells
Fax: 905-356-9083 ~'el: 905.356.7521 x4274
Frotm: Todd Trudelle
Cc: R. DeSouza~ 416-227-2673
H. Russell: 403-571-8420
I. Gilberti: 905-356-6904
RE: Ret~uest f®r DefePral - PD-2008-70
July 21, 2008 Council
Please find attached letter requesting deferral of the above-noted item.
Tel: (41fi) 322-fi3fi4 Ext. 2103 Fax: (416) 932-9327
FROM (FRI)JOL 78 2008 14 07 /ST. 74: 07/No 7576307478 P 2
t~ i u~~ _ i.;LERI;-_ !_Ir, ! 1, i rr ~ ~ `1 hill
GOLDBERG GROUP LAND USE PLANNING AND DEVELOPMENT ell
2171 AVENUE ROAD, SUITE 301, 70RONT0, ONTARIO MSM 4B4 _
TEL 416-322-6364 FAX 416-932-9327 e
July 18, 2008 MICHAEL 5. GOLDBERG MCIP, RPP
rngoldLcr~ Ct<pnldLcrL~rmgzcrr
EXT 2100
City Clerk
City of Niagara Falls
4310 Queen Street, Box _1023
Niagara Fails, ON, L2rr 6X5
RE: Request for Deferral of Item PD-2008-70
AM-2008-021, Official Plan & honing ay-Law Amendment Application
5471, 5491 815507 River Road and Vacant Land on West Side of River
Lane and on Northwest Corner of River Road and John Street
Applicant: Niagara Falls Pointe Limited Partnership
Agent: Michael Goldberg, Goldberg Group
Proposed 7-Storey, 119 Uni# Apartment Building
Goldberg Group is the agent for Niagara Falls Pointe Limited Partnership far
the above noted matter City Staff Planning Report PD-2008-70 is to be
considered by Council on July 21, 2008 at its regularly scheduled meeting
We respectfully request that consideration of this item be deferred to the
September 8, 2008 Counci( meeting.
if you require furth information, please contact me.
t
Sincerely
G B G GROU
Mi aef oldberg, MCIP, RPP
Principal
cc. Gilberti
R. DeSouza
H Russell
Page 1 of 1
Dean Iorffida -Request for Deferral PD-2®®8-7®
Fro~ra: Dean Iorfida
~o: mgoldberg@goldberggroup.ca
®ate: 7/18/2008 2:38 PM
S~ubyect: Request for Deferral PD-2008-70
C~: Alex Herlovitch; gilberti@broderickpartners.com; John MacDonald
Mr. Goldberg:
I received your fax today requesting deferral on the item noted above scheduled for Monday's (July 21) City
Council meeting.
The correspondence will be forwarded to our Council for consideration. As I am sure you can appreciate, this
has been an advertised Public Meeting under the P/anningAct, therefore, it will ultimately be Council's decision
Monday night on whether to grant the deferral.
If you have any questions, feel free to contact me.
Dean Iorfida, City Clerk
Niagara Falls
905-356-7521, Ext. 4271
905-356-9083 (Fax)
file://C:\Documents and Settings\di202\Local Settings\Temp\XPGrpWise\4880AAD4Dom... 7/18/2008
Jul 15. 2008 2:51 PM REGIONAL PLANNING No. 3285 P, 1
Niagara'~,1,,,~t Region
Pl1BLDC VN®RKS
~~G~~~ Development Servtce~ Dlv/stott
2201 St, pavld's Road, i'.0. Box 1042, Thorold ON L2V 4T7
,~L ~ ~ Z~g Tel: 905-984-3630 Toll-free: 1-800-263-7215
Fax: 905-fi41-5208
NNtNG www,re®lonal.niagara,on.ca
pLA Op~E~T
~ x Transmittal ~L~,`~~-~
a ~s
To: Andrew Bryce Fau: memory
Planner 2
From; Sue Mabee Date; July 15, 2008
Planner
Re: Official Plan and Zoning Bylaw Amendment PaQea: 3 Includlrrg cover page
AM-2008-024
5471, 5491, 5507 River Road
CG:
? Urgont ? For Review ? Please Comment D Please b Please Recycle
~~ly
Good afternoon,
Please find additional Regional comments on the above noted application,
Sue
CONFI~EN'rIAL
The information contained In this facsimile message is legally prlvileg®d end confidential and is tended only for the
use of tha individual or entity named belgW, Any other use, disseminritlon, distribution, disclosure or copy of thle
facsimile Is strictly prohlpitejd, If you have] l'9ceived thla facsimile In error, please Immediately notlYy us by telephone
so that we may arrange the return of the original transmission. Thank you.
Ju1.15, 2008 2:51PM REGIONAL PLANNING No. 3285 P. 2
r
N~a~ara~,rj~ ~teg~on
~ ~
DATE: July 11, 2008 ~ ~
TO: Sue Mabee R~`~~,1't„~
Planner ~vL 94
Development Services Division ~'r.
~
FROM: William Stevens, C,E.T. I
Developmenfi Approvals Manager f 7 ~
SUBJECT; Official Plan and Zoning 13y-law Aartendment Application
Applicant)®wner: Niagara Falls Pointe Limited Partnership
Proposal: To permit a 7-storey, 119-unit apartment building on
the lands; required parking spaces are to be mainly located in a
parking garage
Location: 5479, 5491 and 5507 River Road and Vacant Land on
the YVS of River lane and on the NW corner of River Road and
John Street
In the City of Niagara Fa(Is
City File: Alvl-2008-021
®ur File: D.10.04.643420375 (ID#6b67)
Technical staff of the Development Services Division has reviewed the above-
referenced application and provides the following comments:
1) Servicing
This development will be within the sanitary servicing area contributory to
the Region's fender Full dumping Station, which I,as sufficient dry weather
capacity to accommodate the anticipated increased sewage flows from this
proposed development.
This Department will be required to review and approve any municipal
servicing extensions under the Ministry of the Environment's Transfer of
Review Program. Detailed engineering drawings should be submitted for
approval,
2) Traffic Gnypact Shady
We acknowledge that this Department has received the River Road traffic
dmpact Study completed by Delcan Corporation and revised May 2008. We
Jul 1~. 2008 2:51PM REGIONAL PLANNING No, 3285 P, 3
Sue Mabee
Planner
Development Services Division
July 11, 20Q8
Page 2 of 2
have no Regional concerns with any Transportation issues in this immediate
area.
We would note that beyond the above-noted Traffic lmpact Study, there are
2 additional studies being undertaken, which should be referenced for this
development. The Region is currently undertaking an Environmental
Assessment of the Regionally-owned portion of Falls Avenue and the
surrounding area, which may impact the Regionally-owned areas of Roberts
StreetlNewman Hill, Victoria Avenue, River Road, Bender Hill and the local
area of Falls Avenue. As well, the City of Niagara Falls has commenced an
Urbanization Sfiudy for this area, involving the residential and tourist sectors
and proposed developments.
We hope our comments will be of assistance to you in the preparation of your
Regional response to this application,
Wi iam tevens, C.E,i~.
Development Approvals Manager
Public Works Department
Development Services Division
CV/cm
L;\Vetron~Carm2nlNiagara Fa41s\CORRESPONDENCE 2p08\14692.5ue Mabee,doc
c: Eric L, Flora, P, Eng., CET, Associate Director, Transportation Systems
Jim Zeoli, Permits, Municipal Law Enforcement Officer
Peter Baker, P Eng., Associate Director, Water & Wastewater Engineering
CI'I'X OF NIAGARA FAILS /
~y-laws No. 2008 -
A by-law to address public nuisances.
WHEREAS the Municipal Act 2001, 5.0.2001, c.25 as amended, now provides that a municipality
has the capacity, rights and powers and privileges of a natural person for the purpose of exercising
its authority and that it may do so by by-law; and further that section 128 of the said Municipal Act
provides that a local municipality may prohibit and regulate with respect to public nuisance,
including matters that in the opinion of Council, are or could become, or cause public nuisances;
ANT) WHEREAS it is the opinion of the Council for The Corporation of the City of Niagara Falls
that certain actions outlined in this by-law do constitute a public nuisance;
ANT) WHEREAS section 425 of the Municipal Act, establishes that any person who contravenes
any by-law of the municipality is guilty of an offence.
'T'HE COIINCTI OF'T'TTE CORPORA'T'ION OF'THE CI'T'E' OF NIAGARA FAILS ENAC'T'S
AS FOLLOWS:
T. T)efinitions:
1.1 "City" mean The Corporation of the City of Niagara Falls.
1.2 "Defecate" means to discharge waste matter from the bowels.
1.3 "Fight" means any confrontation involving violent physical contact between two or more
people.
1.4 "Loiter" shall mean lingering on the way, to travel indolently with frequent pauses without
any apparent destination.
1.5 "Public place" includes a highway, sidewalk, pedestrian walkway or trail, property and any
place to which the public have access as of right or by invitation, expressed or implied and
private property that is exposed to public view but does not include a washroom facility.
1.6 "Spit" means to eject phlegm, saliva, chewing tobacco juice, or any other substance from the
mouth.
1.7 "Urinate" means to discharge urine from the body.
1.8 "Vomit" means to eject matter from stomach through the mouth.
-2-
2. Prohibitions:
2.1 No person shall urinate, defecate, vomit or spit in a public place.
2.2 No person shall loiter in a public place.
2.3 No person shall participate in a fight in any public place.
2.4 No person shall knock over a Canada Post mailbox, newspaper box, bench, fence, blue box,
or garbage container or other object located in a public place.
2.5 No person shall refuse to identify themselves when requested to do so by a police officer or
a municipal law enforcement officer.
3. General:
3.1 Each provision of this by-law is independent of all other provisions, and if any provision is
declared invalid for any reason by a court of competent jurisdiction, all other provisions of
this by-law remain valid and enforceable.
3.2 Nothing in this by-law relieves a person from complying with any provision of any federal
or provincial law or regulation, other by-law, or any requirement of any lawful permit, order
or license.
3.3 The provisions of this by-law may be enforced by a municipal law enforcement officer,
police officer, or other individual duly appointed for the purpose of enforcing this by-law.
3.4 Every person who contravenes any provision of this by-law is guilty of an offence and on
conviction is liable to a fine of up to $10,000.00.
3.5 This by-law shall come into force and effect on the day it is passed.
Passed this twenty-first day of July, 2008.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
First Reading: July 21, 2008.
Second Reading: July 21, 2008.
Third Reading: July 21, 2008.