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2008/11/17COUNCIL MEETING Monday, November 17,2008 Order of Business and Agenda Package iagara� Its PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of November 3, 2008 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Public Meeting AM- 2008 -030, Zoning By -law Amendment Application 5127 River Road Applicant: Muriel Freeman Proposed Cottage Rental Dwelling Background Material: Recommendation Report: PD- 2008 -100 -AND- Correspondence from the Niagara Parks COUNCIL MEETING November 17, 2008 DISCLOSURES OF PECUNIARY INTEREST PLANNING MATTERS Public Meeting AM- 2008 -025, Zoning By -law Amendment Application Applicant: 1720679 Ontario Limited (Carmen Menechella, President) Permit a Pinball or Electronic Game Machine Establishment and a Billard Hall and Eliminate Required Parking and Loading Spaces for all Uses on the Property. Background Material: Recommendation Report: PD- 2008 -101 Public Meeting AM- 2008 -028, Zoning By -law Amendment Application 8504 McGarry Drive Applicant: Raheela Sardar Recognition of a Second Dwelling Unit and Deck and Porch Additions Background Material: Recommendation Report: PD- 2008 -102 -AND- Correspondence from Nona Cormier Correspondence from the Strasser family 2 Public Meeting 26T -11- 2006 -02 (Revised) AM- 42/2006 (Revised), Warren Woods (East) Draft Plan of Subdivision Modifications to Draft Plan Approval and Zoning By -law Amendment Approval Kalar Road (West Side), Between McLeod Road and Brown Road Owner: Warren Woods Land Corporation Robert O'Dell) Background Material: Recommendation Report: PD- 2008 -105 -AND- Correspondence from the Niagara Peninsula Conservation Authority Background Material: Recommendation Report: PD- 2008 -106 -3 Public Meeting 26CD -11- 2008 -03, Draft Plan of Condominium Conversion 4218 Portage Road (East Side), North of William Street Owner: Shaukat Amina Parekh MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Todd Simon Request to provide services for a Niagara Falls entry for Kraft Hockeyville 2009. RECOMMENDATION: That the proposal be received and filed and that the City submit for Kraft Hockeyville 2010, at no cost to the taxpayer. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) 4 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW- 2008 -68 2008/2009 Winter Maintenance Plan Update MW- 2008 -69 Union Marsh Drain Consultant Appointment MW- 2008 -70 Dixon Street cul -de -sac Consultant Assignment R- 2008 -35 Contract for the Supply Installation of a Splash Pad Area at Patrick Cummings Memorial Sports Complex. PD- 2008 -88 Implementation Plan for the Redevelopment of Sylvia Place Market PD- 2008 -103 CB FIG 2008 -019 Facade Commercial Building Improvement, Grant Application 46255 Ontario Avenue. TS- 2008 -50 Royal Manor Drive Speed Review TS- 2008 -60 Snow Removal Bus Stops and School Crossings BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -195 A by -law to permanently close part of a highway; 2008 -196 A by -law to declare part of Murray Street Plan 653 Village of Niagara Falls lying between Orchard Avenue and Stanley Avenue, except Part 1 SN104736 being Parts 1 and 7 on Reference Plan 59R- 13814; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. 2008 -197 A by -law to establish part Township Lot 169 Stamford designated as Part 1 on Reference Plan 59R -13808 as a public highway, to be known as and to form part of McLeod Road, 2008 -198 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. McLeod Road /Kalar Road) 5 2008 -199 A by -law to authorize the execution of an Agreement with Pathway Tours respecting the use of the Niagara Falls Memorial Arena for concert productions. 2008 -200 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 day of November, 2008. NEW BUSINESS November 17, 2008 PD- 2008 -100 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -100 AM- 2008 -030, Zoning By -law Amendment Application 5127 River Road Applicant: Muriel Freeman Proposed Cottage Rental Dwelling RECOMMENDATION: That Council approve the Zoning By -law amendment application to add a cottage rental dwelling, with no more than four (4) bedrooms, to the list of uses permitted under the property's Residential Single Family and Two Family (R2 -2) zoning and to recognize the existing interior side yard setback. BACKGROUND: Muriel Freeman has requested an amendment to Zoning By -law No. 79 -200 for a 748 square metre (8050 square foot) parcel of land known as 5127 River Road, as shown on Schedule 1. A two storey single detached dwelling exists on the property. This dwelling is currently used as a bed and breakfast with 3 bedrooms for tourists. A fourth bedroom is available for the owner /operator. The applicant proposes to use the existing dwelling as a cottage rental dwelling (rented to tourists for accommodation on a daily or weekly basis). Refer to Schedule 2 for details of the property. The land is currently zoned Residential Single Family and Two Family 2 (R2 -2) with special zoning provisions that allow the dwelling to be used for bed and breakfast accommodations (tourist home). The R2 -2 zoning is requested to be amended site specifically to add a cottage rental dwelling, containing 4 bedrooms, to the list of permitted uses and to reduce the required interior side yard setback from 1.8 metres (5.9 feet) to 0.6 metres (2 feet) to recognize the existing building setback. Surrounding Land Uses Niagargralls CA:NA DA The surrounding properties are predominantly single detached dwellings. Approximately 37 properties in the neighbourhood are operated as bed and breakfast establishments, particularly along River Road. Council has approved the establishment of 7 cottage rental dwelling units in the general area in recent years. POPBoz 1023; Niagara Falls, ON; Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca Quee Working Together to Serve Our Community Community Services Department Planning Development November 17, 2008 2 PD- 2008 -100 Circulation Comments Regional Municipality of Niagara No concerns. The application does not conflict with Provincial and Regional policies. Fire Services Fire Services concerns can be addressed at the licensing stage. City Clerk The cottage rental dwelling is required to be licensed under the City Licensing By -law. Building and By -law Services The dwelling is to be rented out to a single group of travelers with a maximum of 8 people. A sign is to be posted in the dwelling noting a maximum occupancy of 8 persons. Municipal Works, Transportation Services and Legal Services No objections. Planning Analysis 1. The proposal complies with the Official Plan. The land is designated Residential in the Official Plan. Residential dwellings are intended to be the predominant land use. The land is also within the River Road Satellite Tourist District where bed and breakfast accommodations with up to four bedrooms for guests,and other alternative forms of accommodation are permitted as long as the residential character of the area is maintained. Cottage rental dwellings have been permitted in the District where they were determined to be compatible with the surrounding neighbourhood. The proposed cottage rental dwelling complies with the Official Plan as follows: A cottage rental dwelling is an alternative form of accommodation similar in scale to the bed and breakfast accommodations permitted by the Official Plan for this area. No changes are proposed to the property and no expansion of the dwelling, therefore, the residential character of the property will be maintained. Provided the number of bedrooms in the dwelling is limited to four and they are only rented to one group of travelers at a time, the use of the dwelling as a cottage rental dwelling will be similar in scale to the current bed and breakfast use and compatible with surrounding residences. In recent years Council has approved 5 cottage rental dwellings, with a total of 7 cottage rental dwelling units, in this neighbourhood. Given the special policies in November 17, 2008 3 PD- 2008 -100 the Official Plan and the area's proximity to tourist districts, a moderate concentration of small -scale accommodations of a residential character is acceptable for this area. Staff will continue to monitor the development of cottage rental dwellings in this neighbourhood to ensure that an excessive concentration does not occur to the point of impacting the residential character of the neighbourhood. 2. The requested zoning is appropriate. The R2 -2 zoning that applies to the property also applies to the neighbourhood between Palmer Avenue, River Road, Huron Street and John Street. Bed and Breakfast establishments (tourist homes) with up to four (4) bedrooms for guests are permitted as of right in this area. The bed and breakfast currently has three tourist bedrooms that could be rented to three different groups of travelers arriving in separate vehicles, whereas the cottage rental dwelling can only be rented to one group of travelers. Therefore it is expected the cottage rental dwelling will generate less traffic and will require less parking than the current bed and breakfast. The driveway on the and is sufficient to provide the necessary parking for the cottage rental dwelling. Similar to the guest rooms of a bed and breakfast, the cottage rental dwelling will be rented out on a short term basis to a small group of travelers. To ensure the cottage rental dwelling remains compatible with surrounding uses and consistent with the number of rentable rooms a bed and breakfast establishment is permitted to have, no more than four (4) bedrooms are recommended to be allowed to be used for overnight accommodation. As the Ontario Building Code limits occupancy to two (2) persons per bedroom, this would limit occupancy of the cottage rental to eight (8) persons. Staff have no concerns reducing the side yard width to 0.6 metres (2 feet) to recognize the siting of the existing dwelling. A measure of compatibility has evolved over the years. CONCLUSION: The requested amendment to permit the existing dwelling to be used as a cottage rental dwelling can be supported for the following reasons: 1. The use complies with the Official Plan as it is in an area where small scale accommodations may be permitted. The use is of a residential nature, and is similar in scale to a bed and breakfast which is already permitted. 2. Provided the cottage rental dwelling is rented to a single group of travellers and limited to four (4) bedrooms, the use will be compatible with adjacent uses. Recommended by: Approved by: A.Bryce.la Attach. S. \PDR \2008\PD- 2008 -100, AM- 2008 -030, 5127 River Rd, Muriel Freeman.wpd Alex Herlovitch irector of Planning Development Ed Dujlovic, utive Director of Community Services 1 r t DST 0.• s Wir ct l at a O TT E iltST OT:TER;ST fifer BAMPFIELD Si at I I I I Ur ti 4 N Subject Land Location: 5127 River Road Applicant: Muriel Freeman Schedule 1 LOCATION MAP Amending the Zoning 8y -law No. 79 -200 1:2200 Copyright 2008 City of Niagara Fall:;+ AM- 2008 -030 October 2008 I I Schedule 2 winomprilge 1 ,104,llfrog py monk it t i ffinuot pm filliiih Dufilingitto r 41:ad e nisi f 111 Aboard! „i i 1 l ./Liffn't:c jelievie/ 1 1192.0 Yili V 2 111Pq .1.7>r,R7arc Jim Williams Chairman Niagara Parks i *a An agency of the Govemmen, of Ontario since IBM Dear Sir: Andrew Bryce Planner 2 Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, On L2E 6X5 RE: AM 2008 -030 ZONING BY -LAW AMENDMENT APPLICATION 5127 RIVER ROAD, PROPOSED COTTAGE RENTAL DWELLING Thank you for notification of this above noted proposal. The Niagara Parks Commission has no objection to this proposal however we would appreciate your notifying the applicant and your sign by -law staff that any changes to the existing sign may require Niagara Parks approval. We would appreciate a copy of the committees' decision. Yours truly, i A. Planning Scanned I File:;n1111 C e, k Engineering Dave Gillis Phone: 905/356 -2241, ext. 260 Fax: 9051356 -7262 E -Mail: npceng @niagaraparks.com October 27, 2008 Dave Giifie, CIP, RPP /cr Manager Planning Properties THE NIAGARA PARKS COMMISSION P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niagaraparks.com RECEIVED OCT 28 2008 PLANNING `°77; Kerna/ian General Manager November 17, 2008 PD- 2008 -101 Niajaraaflalls His Worship Mayor Ted Salci CA N A D A and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -101 AM- 2008 -025, Zoning By -law Amendment Application 4955 Clifton Hill Applicant: 1720679 Ontario Limited (Carmen Menechella, President) Permit a Pinball or Electronic Game Machine Establishment and a Billiard Hall and Eliminate Required Parking and Loading Spaces for all Uses on the Property RECOMMENDATION: That Council approve the Zoning By -law amendment application to add a pinball or electronic game machine establishment and billiard hall to the list of uses permitted under the property's Tourist Commercial (TC) zoning, exempt the property from providing the required parking spaces for all uses on the property and provide site specific dimensions for one loading space. BACKGROUND: Surrounding Land Uses 1720679 Ontario Limited has requested an amendment to Zoning By -law No. 79 -200 for a 976 square metre (10,506 square foot) parcel of land known as 4955 Clifton Hill. A building (the former Pilgrim Motor Inn) exists on the site and is being altered for use as a mixed use development that includes a restaurant, theatre, pinball or electronic game establishment, billiard hall and other tourist attractions. The land is zoned Tourist Commercial (TC) by By -law No. 79 -200. The TC zoning is requested to be site specifically amended to add a pinball or electronic game machine establishment and a billiard hall to the list of uses permitted on the land. The applicant is also requesting no parking or loading spaces be required for the development. The previous uses in the building (hotel, restaurant and retail area) predated By -law No. 79 -200. As there was little on -site parking provided with these uses, a parking deficiency of 41 spaces is considered legal non conforming. As well the building configuration, which exceeds the permitted lot coverage and does not meet the minimum rear yard setback, is considered legal non conforming. The applicant is requesting the current building configuration be recognized in the zoning by -law. The land is located in the middle of the Clifton Hill Tourist Subdistrict and is surrounded entirely by tourist comme`rcial' uses including hotels, restaurants, attractions -and- related parking lots. Queen Street P.O. Box 1023, Niagara Falis,,ON, Canada .G2E 6X5: 905 356'7521: www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development November 17, 2008 2 PD- 2008 -101 Circulation Comments Regional Municipality of Niagara No objections. The proposal does not appear to affect Provincial or Regional planning interests. Transportation Services Fire Services There are no objections to no parking provided as the number of spaces credited through legal non conforming uses exceeds the amount that would be needed as determined by the parking demand analysis. Deliveries and refuse pick up are to be carried out in accordance with current municipal guidelines. No objections, however the loading area for the building should be available to all tenants to avoid loading occurring on Oneida Lane. Legal Services, Municipal Works, Building and By -law Services No objections. Planning Analysis 1. The proposed amendment complies with the Official Plan. The land is designated Tourist Commercial in the Official Plan and is part of the Clifton Hill Subdistrict. This subdistrict is to function as the commercial entertainment centre of the Tourist area. A wide range of attractions and other tourist establishments are permitted. There are no concerns with the addition of the requested pinball or electronic game machine establishment and billiard hall uses as they are similar to uses contemplated or already existing along Clifton Hill. 2. The requested zoning amendment is appropriate. The TC zoning of the property is requested to be site specifically amended to add a pinball or electronic game machine establishment and a billiard hall to the list of uses permitted on the property, as well as eliminate parking and loading space requirements for the property. There are no concerns with the addition of the proposed pinball or electronic game machine establishment and billiard hall uses as they are similar in nature and scale to uses already permitted in the TC zone. According to current zoning standards the former uses in the building would have required 46 parking spaces. Only about 4 -5 spaces were available on site, with the balance of customers parking off -site or walk -in traffic. As the building and its uses legally existed prior to the passage of By -law No. 79 -200, the parking deficiency of 41 spaces is considered legal non conforming. November 17, 2008 3 PD- 2008 -101 CONCLUSION: 1. The requested amendment to permit a pinball or electronic game machine establishment and a billiard hall on the land and to eliminate parking requirements can be supported for the following reasons: 2. Securing the proposed loading space with reduced dimensions will provide off street loading facilities for the building. Recommended by: 4&31 llu,A- Approved by: The applicant has renovated the existing building to a safe condition and enjoys certain benefits as a legal non conforming use. The uses proposed in the building require 88 spaces under By -law No. 79 -200. The applicant has produced a Parking Demand Study that indicates only 21 spaces are required for the proposed uses because a significant portion of the customers will consist of people walking by. As the number of legal parking spaces credited for legal non conforming uses on the site (41 spaces) exceeds the 21 spaces needed for proposed uses the credited parking spaces cancel out the spaces needed, thus reducing the parking required to 0 spaces. To ensure the building is not altered in the future in a way that would increase parking demands, the amending zoning by -law will restrict the floor area of the building and the uses proposed to the size justified in the parking demand analysis. The owner relinquishes any legal non conforming rights through this process. Although the number of required loading spaces is requested to be reduced from two to zero, a loading spot smaller than what is required by By -law No. 79 -200 is being provided. To reduce the dependency on the City's rights -of -way for unloading vehicles, staff recommend the proposed loading space with its reduced dimensions be accepted. This space is 8 metres (26.2 feet) long, 3 metres (10 feet) wide and has 2.4 metres (8 feet) of clearance, enough to accommodate smaller delivery vehicles. Staff have no concerns with the requested increase in lot coverage (from 70% to 100% of the lot area) and decrease in rear yard setback (from 3 metres or 10 feet to 0 metres) to recognize the existing building configuration. The pinball or electronic game machine establishment and billiard hall uses are uses contemplated by the Official Plan for the Clifton Hill area and are similar to other uses in this area. The number of parking spaces credited for legal non conforming uses on the site effectively cancels out the required parking for uses on the site, justifying the elimination of required parking, provided the uses are limited to what is proposed. Alex Herlovitch rector of Planning Development Ed Dujlovic, Executive Director of Community Services A.Bryce:la Attach. S: \PDR,2008 \PD- 2008 -101, AM- 2008 -025, 4955 Clifton Hill, 1720679 Ontario Limited.wpd Subject Land Location: 4955 Clifton Hill Applicant: 1720679 Ontario Limited Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 AM- 2008 -025 November 2008 November 17, 2008 PD- 2008 -102 Niagaraa A N A 1) His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -102 AM- 2008 -028, Zoning By -law Amendment Application 8504 McGarry Drive Applicant: Raheela Sardar Recognition of a Second Dwelling Unit, Covered Entrance and Deck Additions RECOMMENDATION: That Council approve the Zoning By-law Amendment to recognize the second dwelling unit in the dwelling as well as the existing deck and roof over the side entrance. BACKGROUND: Raheela Sardar has requested an amendment to Zoning By -law No. 79 -200 for a 556 square metre (5,985 square foot) parcel of land known as 8504 McGarry Drive, as shown on Schedule 1. A raised bungalow dwelling exists on the property. The basement of this dwelling has been illegally converted into a second dwelling unit. In addition, a covered entrance to the basement has been built in the exterior side yard, and a deck has been extended into the rear yard beyond what the zoning by -law permits. The applicant is requesting recognition of the second dwelling unit as well as the entrance and deck additions. Refer to Schedule 2 for details of the property. The land is currently zoned Residential Single Family 1 E (R1 E -468) which does not permit a second dwelling unit. The R1E -468 zoning is requested to be amended site specifically to recognize the second dwelling unit. In addition, site specific provisions are requested to recognize the covered entrance in the exterior side yard, a larger deck in the rear yard and to permit a greater portion of the lot to be covered by the dwelling. Surrounding Land Uses The land is completely surrounded by single detached dwellings. Circulation Comments Regional Municipality of Niagara No objection. The proposal does not conflict with any Provincial or Regional interests. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development November 17, 2008 2 PD- 2008 -102 Transportation Services No objections. A second parking space, accessible at all times, is to be provided for the second dwelling unit. Building Services A Building Permit is required for the conversion of the single detached dwelling into a two family dwelling. Building Permits are also required for the deck and basement entrance in the exterior side yard. There are numerous Building Code infractions with this entrance. Legal Services, Municipal Works, Parks, Recreation and Culture, Fire Services No objections. Planning Analysis 1. The proposed amendment is supported by Provincial policy initiatives. The Planning Act requires City planning decisions to comply with Provincial Policy statements. The Provincial Policy Statement directs that municipalities shall facilitate all forms of residential intensification. The provision of second dwelling units in single detached dwellings is a form of residential intensification promoted by the Province. The requested amendment complies with the Official Plan and the Garner Neighbourhood Secondary Plan. The land is designated Residential in the City's Official Plan. A range of housing types are permitted; low density forms of housing such as single detached, semi- detached, duplex and triplex dwellings are to provide the majority of residential accommodation in the City. Planning districts are to have a harmonious mix of single detached and multiple unit housing. New residential development is to be integrated to achieve compatibility and sensitivity with the surrounding development. The Garner Secondary Plan, among other things, encourages a variety of housing types to accommodate the needs of all residents. The subject two unit dwelling is a type of housing that is permitted in low density residential areas throughout the City. As the dwelling retains the appearance of a single detached dwelling, compatibility with surrounding development is achieved, and residential intensification is attained without impacting on surrounding dwellings. 3. The requested zoning amendment is appropriate. This application has been reviewed to ensure the addition of the second dwelling unit respects the character and the appearance of the neigbhourhood, does not impact on surrounding dwellings, and adequate off street parking forthe second unit is provided. November 17, 2008 3 PD- 2008 -102 The R1 E -468 zoning of the property permits only single detached dwellings. A site specific zone is requested to permit a second dwelling unit in the basement. The addition of a second dwelling unit does not change the size or external dimensions of the dwelling. The dwelling continues to have the form and appearance of a single detached dwelling, is compatible with surrounding dwellings and can be accommodated without a discernable impact on services or character of the area. A second on -site parking space will need to be provided to serve the second dwelling unit. This can readily be provided by widening the driveway off of McGarry Drive, from 4.5 metres (15 feet) to 5.5 metres (18 feet). The requested changes in development standards can be recommended for the following reasons: The by -law requires dwellings be set back 4.5 metres (15 feet) from the exterior side yard, no porches or covered entrances are permitted to project into this area. The covered entrance built to shelter the entrance to the second dwelling unit projects 1.2 metres (3.9 feet) into the required exterior side yard. The covered entrance is set back about 3.3 metres (11 feet) from the lot line and occupies only a small portion of the exterior side yard. It is visually unobtrusive due to its open construction, therefore, it is acceptable. A deck is permitted to project 2.5 metres (8.2 feet) into a required rear yard. Although the deck on the property complies as it does not project beyond the permitted 2.5 metre distance, a staircase at the rear of this deck projects an additional 0.8 metres (2.6 feet) into the required rear yard. As the staircase covers only a small portion of the rear yard and provides access to the deck rather than occupiable space, the encroachment of 0.8 m, only for the stairs, should not increase impacts on surrounding properties. A deck taller than 0.6 metres (2 feet) is included in building lot coverage. The requested increase in lot coverage, from 40% of the lot area to 40.3 is required to recognize the additional amount the entrance, deck and associated staircase cover the lot. The deck and the covered entrance are open sided and therefore this minor increase has less than nominal impact on the property. The applicant will be required to obtain the necessary Building Permits to ensure the second dwelling unit, basement entrance and deck have been constructed to Ontario Building Code requirements. CONCLUSION: The requested Zoning By -law amendment to recognize a second dwelling unit and porch and deck encroachments can be supported for the following reasons: The addition of a second dwelling unit is supported by Provincial policy initiatives and conforms with the Official Plan. The dwelling still reflects the character of the surrounding, single detached residential neighbourhood despite the addition of a second dwelling unit. The requested covered entrance in the exterior side yard shelters a below grade stairway into the second dwelling unit and is unobtrusive. Novem 17, 2008 4 PD- 2008 -102 The minor increases in the permitted deck encroachment into the rear yard and lot coverage do not impact on surrounding properties. Recommended by: /k ilt t` Approved by: A.8ryce:mb Attach. 5'. \PDR \20081PD- 2008 -102, AM- 2008 -028, 8504 McGarryDcwpd Alex Herlovitch, Director of Planning Development Ed Dujlovic, Exec`ufive Director of Community Services Subject Land r� Schedule 1 LOCATION MAP i INN SIB #1111111 11111111511 S "0111111 G GREENEIELD ,.1111 I ea 'MCGARRYOR ,MCGARRV DR iiiiIlli lt r rr m olar MOIL n 0 Ja NMI MIN ri KELLY DR MCGARRY'DR MCLEODRO„ m- 4MCGARRY DR 1 290 Is Location: 8504 McGarry Drive Applicant: Raheela Sardar Copyright2008- City or iagaraF Amending the Zoning By law No. 79 200 Am- 2008 -028 September 2008 w 0 CO CC 0 13 6 0] N 0 0 I Z W U- (13 W Z a Schedule 2 C0 tl i6 :CS 9' m 476 STHRWELL McGARRY (B PLAN) DRIVE PIN 64264 -0573 N88100t (PLAN k SET) 11.59 4 tl BLOCK 128 364264 559cm BLOCK 129 PI (3.0m E0.5EMELJT) I 1j I (3.0m EASEMENT) N88'57'30 "E (PUN SET) 16.67 79 C O 81 PIN 64264 -0512 .3 0 0 N z PIN 64264 -0510 Director cJMannin: Sr. Development, City Heil 49lU Queen Street kria8ora Falls, Jn,nhu l..2E 675 N ovem be r E l Ath Oth it May Chheen vYea,cdh*hnnxzwncoitt8474Mo6arryCvke>nMbganFdis.YVcwoo| are agar/nst. the approval mf the zoning bylawome;dunsu regarding 85V4kxcGarn/ Drive, Ro|l 'Ae pu rchascd ocr ho me as on nvcstrncnt for ow ,cekc !lent VVe specifically «d, w/|'c/o the multi-family dwellings would hebuilt We oidnnt want tn build our home next mnrneat thesetypcsn(dwe0n%s,Ourtsxnsfo/thepau5}1,y:arsho:rbernha»cdcoaproperty kove| ixh difypxshox' will m:|bM*ei|inKt,ym;/mnen. Will n'y 'a^,/bo.e- ixhvocd at the new pnreritrfvalue nd `honfirVu/rrUclrtl|hit>otc Ehe oxm{n4 yea/s7 Min have discussed rhis ngeio by-law ni8`nurrenlreomrc agent and have been told vita will |aconlO'15%nf our property r abbe. For us this means a loss u(3845 Eho/ :sand dol!au.8ceo/dingtc recent property cr'sesnnen, litre ,ho property tax department and a local bank m/o 'Mil |nnSca|i comity hie ho&nvo the pc* yeoro. !un5m4 a}! the equity we bmkyocghho: eioe;p the law kmmrccep\ah!e.|fMia San!m had /en,aids for 'Ink neighbours she would not hat the rtnditioria to her home without permits. She hos not supplied dropor containers for her /:'o'Cs8x,bngoo//oysno&:g the prono4/ o:,yyhmit: hat |hu,c i.`vievmti/i,i,n8past. We know horn experience that the rmristn the opaxn::nt siafeand doubt oz code. Thit shows disregard tor he! temants" ‘4 as her neighbounk |ndndng wo would like to cork:Tido we disagree with tiels rernertdonent Find tropu you will tnkri Thunk Mahn) F, CithaTne, �Niam no/mio �����A���� �x����n���� NOV|i2888 PLANNING )EYEi0PMENT Director of Planning Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 November 1, 2008 Re: Proposed Change City File AM -2008 -028 Raheela Sardar Please accept this as my written representation to formally oppose the proposed amendment #AM 2008 028 Raheela Sardar. As a Niagara Falls resident living in the very same area of this proposed property amendment, I am appalled that this City would first allow a property owner to infract on a clear bi -law by constructing a second unit in a single detached dwelling, and then secondly, allow a deck to be built without proper permits. Now, after the fact, the city is entertaining this amendment to take place to bless the infractions. This is a clear violation of my rights within the area that I reside and provides for anyone in this area to exercise their new found right to construct whatever they like, to renovate the property dwelling etc And then move to obtain the City's legal blessing with subsequent formal approval. The area we choose to reside in has already seen a multitude of property tax increases that far exceed what anyone would have thought to be fair, while at the same time property values are on the decrease due to world economic factors. I do not what to see this situation worsened by property owners in this area turning their properties into multi dwellings, inviting renters with more vehicles, more traffic, police incidents etc and thereby decreasing the property values to a worse extent than what is already occurring. I would challenge that if this amendment is approved, the City must accept that property taxes must be significantly reduced in this area to accommodate the serge of second units being constructed in single family dwellings that would be sure to follow. O. Planning .as Op CI vK In closing, I do not believe that approval of this amendment should be granted as it sets a dangerous precedent that property owners can feel free to do whatever they want. Then when they catch the City's attention, beg forgiveness later. This is not a precedent that I feel comfortable with in the City that I choose to reside. Yours sincerely, Mark Strasser Tracy Strasser Jamie Strasser Lisa Strasser 8454 McGarry Drive Niagara Falls, Ontario L2H 3L5 November 17, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Niajaraaflalls C A\ A D d Working Together to Serve Our Community PD- 2008 -105 Re: PD- 2008 -105 26T -11- 2006 -02 (Revised) AM- 42/2006 (Revised) Warren Woods (East) Draft Plan of Subdivision Modifications to Draft Plan Approval Zoning By -law Amendment Approval Kalar Road (West Side), Between McLeod Road Brown Road Owner: Warren Woods Land Corporation (Robert O'Dell) That the modifications to the Warren Woods (East) Plan of Subdivision be approved subject to the consolidated list of conditions in the attached Appendix. That the Mayor or designate be authorized to sign the modified draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the modifications to the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. The applicant proposes to modify the existing approval for a draft plan of subdivision and related zoning by -law amendment. The property is located on the west side of Kalar Road, between McLeod Road and Brown Road (refer to Schedule 1). Council adopted the recommendations of Report PD- 2007 -86 (attached) on October 15, 2007 to grant draft plan approval to a mixed residential use plan containing approximately 300 dwelling units, parkland and a watercourse channel. Minor changes to the subdivision conditions were Street, PO1Boz 1023; Niagara Falls ON,-'Canada t2E 6X5 905-3 www.niagarafalls.ca Queen Community Services Department Planning Development November 17, 2008 Modification Process Warren Creek Realignment Stormwater Facilities 2 PD- 2008 -105 approved by Council on November 26, 2007 to resolve an appeal by Cytec (attached Report PD- 2007 -103). The subdivision received draft plan approval from the City effective November 29, 2007. Requested changes to the Zoning By -law to permit the development were approved in principle by Council but the implementing zoning by -law has not yet been passed. The applicant proposes changes to develop the 17.973 hectare (44.41 acre) site with up to 318 units. Schedule 2 illustrates the modified subdivision layout. The plan proposes 163 lots for single- detached dwellings, 18 lots for semi- detached dwellings (36 units), 10 blocks of land for 44 on- street townhouse dwelling units, a block of land for either townhouses (36 units) or an apartment (75 units) and blocks of land for a park, walkways /open space and a watercourse channel. The primary changes to the draft plan include a new road crossing of the east branch of Warren Creek, the townhouse or apartment block along Kalar Road and elimination of a temporary stormwater pond. The east portion of the subject land is currently zoned Residential Single Family 1D Density (RID), Residential Single Family 1F Density (R1F), Residential Mixed (R3) and Hazard Land (HL) through site specific Zoning By -law No. 98 -228 (corresponding to an earlier draft approved plan). The west section of the subject land is zoned Development Holding (DH) through Zoning By -law No. 79 -200. The applicant has requested the zoning on the subject land be changed to a site specific Residential Mixed (R3) zone for the single- detached lots, semi detached lots and on- street townhouse blocks, a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone for the townhouse or apartment block, the Open Space (OS) zone for the parkland and walkways and an Environmental Protection Area (EPA) zone for the watercourse channel. Council has the authority under the Planning Act to change the conditions of approval /modify a draft plan of subdivision. The revised plan and background material were circulated for comment to City Divisions and agencies that had an interest in the proposal. Public consultation requirements were satisfied through the original approval process last year. However, given the proposed design and zoning modifications related to the new road and townhouse /apartment block, staff considered further notice was warranted and tonight's public meeting was scheduled. The City initiated an Environmental Assessment (EA) for the realignment of the existing watercourses in the area in accordance with the Warren Creek Watershed Master Plan. The EA was approved earlier this year and the engineering design work has been completed. Schedule 3 shows the channel realignments, the required stormwater detention facility and the proposed Warren Woods (East) subdivision. The changes to the east channel and construction of the stormwater pond to the south are necessary to develop the first phase of the subdivision. This overall project was included as a Category 3 project in the City's 2008 Capital Budget, thus final approval will need to be made by Council when the 2009 Capital Budget is to be considered. November 17, 2008 3 PD- 2008 -105 The developer has offered to assist the municipality by financing and undertaking a portion of the creek realignment and stormwater facility capital works in exchange for a credit against future payments for Development Charges. (This method of financing was previously used by the City for both the Deerfield Estates and Edgewood Estates subdivisions north of McLeod Road). A construction and financing agreement will be needed between the City and developer to address the details of the work and credit program. Accordingly, a condition of subdivision approval is included in this regard. In order to protect the Type 2 fish habitat of Warren Creek, engineering work in the watercourse is only allowed by the Niagara Peninsula Conservation Authority, Ministry of Natural Resources and Department of Fisheries and Oceans between December 1s and March 31 or July 1s' and October 31' in any calender year. Furthermore, approval is required from Hydro One for construction of the realigned watercourse channel through the hydro corridor abutting the south side of the subdivision. The channels and stormwater pond will need to be transferred to municipal ownership. The ultimate realignment of the creek tributaries will be designated and zoned Environmental Protection Area. Subdivision Review The planning rationale to support the original subdivision design is still applicable to the proposed modifications. The subdivision provides a compatible mix of dwelling types and lot sizes in accordance with the Residential policies of the City's Official Plan. The road pattern and lotting represents an efficient use of residential land and urban services. The overall net residential density of the development (with the potential apartment) is slightly greater than the 25 units /hectare (10.1 units /acre) specified in the Official Plan. However, the Residential policies allow density increases adjacent to major open space such as with this project next to creek channels and a Provincially Significant Wetland to the west. It is possible that the number of apartment units will be reduced when specific site design issues on the triangular parcel are addressed. The proposed range of housing mix is in keeping with the target of 70% single /semi- detached units and 30% multiple residential units identified in the Garner Neighbourhood Secondary Plan. The new townhouse or apartment site satisfies location criteria being along Kalar Road (Arterial) and in proximity to schools, parks and commercial areas. The conditions of draft plan approval have been updated based on the modified subdivision layout. The Region indicates that their previous conditions are still applicable. The Niagara Peninsula Conservation Authority requires additional conditions related to the timing of creek realignment/stormwater area construction inside and outside of the plan and the new road crossing. The development will need to be phased to address service availability and emergency access requirements. A major component of the subdivision concept promoted by the developer has been the smaller size of the park (Block 195) and orientation of residential units fronting onto this open space. The developer desires the parkland to be developed prior to the sale of dwellings as part of the marketing of the subdivision. The City has accepted the overall park design based on the developer undertaking the parkland development at their cost. Otherwise, park development by the City will take place following standard protocol. In addition, a neighbourhood- serving park would normally be larger and contain more facilities than those discussed with the developer. The plan maintains an emphasis on pedestrian November 17, 2008 Zoning Amendment Changes 4 PD- 2008 -105 linkages and recreational trails throughout the area. Trails are to be constructed within the realigned creek channels on land the City is to purchase from the developer. The trail connection along the west limit of the subdivision will not be installed until the west channel realignment work is completed in the future. The site specific R3 zone provisions previously approved allow for the development of the single- detached and semi detached lots and on- street townhouse blocks. Changes are requested to require a 6 metre (19.7 feet) front yard depth and exterior side yard width for garages this is the current City standard and ensures space to park a vehicle in the driveway. A minor increase in maximum lot coverage for on- street townhouse blocks is proposed (60 compared to the earlier approval (55 The exterior side yard width for a dwelling is requested to be reduced to 3 metres (9.84 feet). This would create an undesirable situation with dwellings on corner lots extending beyond the front yard setback (4.5 metres /14.8 feet) of abutting homes on the flanking streets. In order to accommodate the proposed on- street townhouse design, staff will accept a minor reduction to a 4 metre (13.1 foot) exterior side yard width for these units. The interior side yard width for on- street townhouses is requested to be the same as single and semi detached homes (1.2 metres /3.9 feet). A reduction can be considered due to the small groupings of on- street townhouses (4 to 5 units) on short streets, but staff recommend a 1.8 metre (5.9 foot) side yard to provide better visual separation along the streetscape. The developer requests that a reduced rear yard depth of 6 metres (19.7 feet) be applied for lots abutting watercourse channels and /or the hydro corridor. Staff do not support this request as the minimum City standard of 7.5 metres (24.6 feet) for a private rear yard amenity area for all dwellings should be maintained. The developer requests that Block 188 at the northwest intersection of Kalar Road and Street E be zoned for either townhouses or an apartment building. Changes to the City's R4 and Residential Apartment 5B Density (R5B) standards are requested. There have been no specific townhouse /apartment designs submitted for review but the proposed site is large enough to provide layout options. An increase in the maximum height to 12 metres (39.4 feet) from 10 metres (32.8 feet) is requested to accommodate architectural roof features other similar approvals have been granted by Council and it is acceptable in this case. However, in the absence of concept plans for the development of the land, it is difficult to evaluate the other requested detailed zoning standards. At this time, staff recommend the parcel only be zoned for townhouses or an apartment building with the allowance for increased height. When specific plans have been formulated for the land, further analysis of changes to zoning requirements can be undertaken. Site Plan Control or condominium approval will be required to determine design details such as landscaping, fencing and parking. CONCLUSION: The proposed modifications to the Warren Woods (East) Draft Plan of Subdivision are appropriate. The application is consistent with the Provincial Policy Statement and the Growth Plan and complies with the policies of the Official Plan and Garner Neighbourhood Secondary Plan. The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings and also to protect the watercourse. The November 17, 2008 5 PD- 2008 -105 construction of new municipal services (sanitary sewers, pumping station and watermain) have been completed in the area. In order for the subdivision to proceed at this time, the developer needs to undertake a portion of the channelization and stormwater facility work and a financing and construction agreement is required. The consolidated list of required conditions of approval for the modified plan are listed in the Appendix. Alex Herlovitch, Director of Planning Development Recommended by: Approved by: R.Wilson'.mb Attach. S]PDR120013\PD- 2008 -105, Warren Woods (East) Draft Plan of Subdivision Modifications wpd Ed Dujlovic, Execirtfve Director of Community Services November 17, 2008 -6 APPENDIX Conditions for Modified Draft Plan Approval PD- 2008 -105 Approval applies to the Warren Woods (East) Draft Plan of Subdivision prepared by Upper Canada Consultants, dated November 7, 2008, showing 163 lots for single- detached dwellings, 18 lots for semi detached dwellings, 10 blocks for on- street townhouses, Block 188 for multiple residential use, Blocks 191 192 for creek /channel, Block 195 for parkland, Blocks 194 196 for open space /walkways and Block 198 for future development/additional lands. 2. Upon notice of draft approval for this consolidated subdivision plan, the developer submit a letter to the City abandoning all rights and interest in the draft plan of subdivision (26T -96001 Revised) for the subject land. The existing draft approval for the abutting land to the west shall be maintained under File 26T -96001 Revised but a new design and subdivision application(s) will be required in the future. 3. 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. 4. 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 developer enter into a servicing agreement with the City whereby the developer agrees to front end the construction of the necessary creek channelization and stormwater facilities within the plan as well as on lands beyond the subdivision boundaries in return for a Development Charge credit or repayment by the City as Development Charges are collected. 6. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: a) pavement construction on Street B, Street E and Street F (9.15 metres), on the laneways (6.0 metres) and on all other roadways (8.0 metres); b) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; c) dedication of a 3.05 metre (10 foot) road widening to the City (Block 189) along the west side of Kalar Road abutting the plan; d) provision of water distribution, sanitary sewer and storm sewer systems; e) weeping tile flow to be directed to the storm sewer by use of sump pumps; f) provision of an overland stormwater flow route; and g) application of the City's Lot Grading and Drainage Policy. 7. The developer dedicate daylighting triangles to the City as follows: Kalar Road /Street E, Kalar Road /Street F, Street B /Street D, Street B /Street E and Street B /Street F 7 metre legs; all other intersections 5 metre legs. November 17, 2008 7 PD- 2008 -105 8. The construction of dwellings in the plan shall proceed in phases to the satisfaction of the City depending on servicing availability and a second permanent road access. The first phase shall generally be the south portion of the plan. 9. The developer construct and maintain a temporary emergency access from the south portion of the plan to the north connecting with Kalar Road to the City's satisfaction. The potential alignment would be along the northerly continuation of either Street A or Street B to Street F (the developer is responsible for all permit approvals from the Niagara Peninsula Conservation Authority for a crossing of the existing northwest branch of Warren Creek). The access shall be required at least until there is a second permanent road access from Kalar Road or McLeod Road to the subdivision. 10. The developer construct temporary turnaround areas to the City's satisfaction at the limit of any dead -end streets in the plan phases to accommodate emergency vehicles and waste collection trucks. 11. The developer construct sidewalks to City standards as follows: Street B, Street E and Street F both sides; Street A east and southeast sides; Street C east side; Street D interior side (south, east and north); Street J one side; and Kalar Road west side. 12. The developer dedicate 0.3 metre reserves to the City at the north and south limit of Street B (Blocks 193 197) and along the west side of Kalar Road including daylighting triangles (Blocks 190, 199, 200 201). 13. The developer incorporate traffic calming (including measures at pedestrian connections to the park and trail system) and parking restrictions into the roadway design to the satisfaction of the City. 14. The developer submit servicing plans showing road widths /curb radii and the design details for the emergency access to Fire Services for review and approval. 15. The developer merge Block 198 in title with the abutting lands of the developer to the northeast (former scrap yard 7549 Kalar Road). 16. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 17. The developer grant the City and Public Utilities any easements required to service the subdivision. 18. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication /telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or November 17, 2008 8 PD- 2008 -105 extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum the effective delivery of communication /telecommunication services for emergency management services (ie. 911 Emergency Services). 19. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 20. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. 21. The developer dedicate Blocks 194, 195 196 to the City as part of the 5% parkland requirement for the plan and develop the parkland at their cost based on plans approved by the City. The shortfall of the 5% parkland dedication amount shall be addressed through future phases of development. 22. The developer provide fencing to the City's satisfaction along the boundaries of all land to be publicly owned. 23. The developer submit a landscape plan for the review and approval of the Director of Parks, Recreation Culture illustrating the streetscape treatment along Kalar Road. 24. The developer provide boulevard trees in accordance with City policy including along the street frontages of the park and open space /walkway blocks. 25. 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. 26. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning Development confirming that all lots comply with the Zoning By -law. 27. The developer provide five copies of the pre- registration plan to Planning Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 28. The detailed design drawings for the water, sanitary sewer and stormwater drainage systems required to service this plan be submitted by the developer to the Regional Public Works Department for review and approval. (Note: Any stormwater management scheme that may be proposed for this development would require the direct approval of the Ministry of Environment, Toronto). November 17, 2008 9 PD- 2008 -105 29. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing (watermains, sanitary sewers and storm drainage system) for this development. (Note: Any new storm sewer outlet to a creek or stormwater management scheme designed for quantity control /quality improvement will require direct approval from the Ministry of Environment, Toronto). 30. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning and Development Department acknowledging that draft approval of this subdivision does not include a commitment of servicing allocation by the Region as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 31. Immediately following notice of draft plan approval, the developer provide the Regional Planning and Development 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. 32. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Planning and Development Department for review and approval two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of Environment documents entitled Stormwater Management Practices Planning and Design Manual, March 2003, and Stormwater Quality Guidelines for New Development, May 1991: a) detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b) detailed erosion and sedimentation control plans. Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Planning and Development Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional Planning staff. 33. The Subdivision Agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management plan required in accordance with Condition 32. 34. An Environmental Impact Study, if necessary, be prepared by a qualified environmental consultant to address potential impacts on natural heritage features and functions with recommendations for mitigation to be implemented in the subdivision agreement between the developer and the City of Niagara Falls. November 17, 2008 10 PD- 2008 -105 35. A study be prepared, if necessary, to address potential impacts from the abutting scrap yard to the north and adjacent lands designated Industrial in the Niagara Falls Official Plan to determine appropriate separation distances and mitigation measures necessary to maintain compatibility between industrial activities and proposed residential uses in accordance with Ministry of Environment criteria to the satisfaction of the Regional Planning and Development Department. 36. An environmental site assessment be prepared by a qualified person in accordance with Ontario Regulation 153/04 of the Environmental Protection Act. If a Phase 2 Environmental Site Assessment (ESA) is recommended to analyze soil conditions with any site remediation or confirmatory sampling undertaken, a Record of Site Condition (RSC) shall also be filed on the Ministry of Environment's Environmental Site Registry in accordance with Ontario Regulation 153/04 with a copy of the Ministry's written acknowledgement of the RSC provided to the Regional Planning and Development Department and the City of Niagara Falls. 37. An archaeological assessment be conducted of the development site by a licensed archaeologist and adverse impacts to any significant archaeological resources found on the site 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 Culture, through the Regional Planning and Development Department, confirming that all archaeological resource concerns have met licensing and resource conservation requirements. (Note: A copy of the archaeological assessment report(s) is to be submitted to the Regional Planning and Development Department for information). 38. The draft plan shall conform to the final approved Warren Creek Environmental Assessment. Any revisions required to conform to the EA shall be completed to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA). 39. Creek Blocks 191 192 shall be zoned and designated accordingly to recognize the flood hazard and the environmentally sensitive nature of the watercourse, all to the satisfaction of the NPCA. 40. The Subdivision Agreement between the City and the developer contains provisions to require the construction of the proposed stormwater management facility (outside of the draft plan) be constructed prior to registration of the subdivision. 41. Prior to any development of the lands, the Kalar Road and Brown Road culverts be upgraded in order to convey the future uncontrolled flows from the draft plan area and surrounding lands as required by the NPCA. Permits shall be obtained from the NPCA prior to the reconstruction of these culverts. 42. The developer prepare detailed sedimentation and erosion control plans for review and approval of the NPCA. All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site or enter Warren Creek. November 17, 2008 11 PD- 2008 -105 43. The developer submit detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, to the NPCA for review and approval. 44. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOEE Stormwater Management Practices Planning and Design Manual, (as amended). 45. At the end of the project, the design engineer shall certify that all grading, storm sewers, and stormwater management controls have been constructed in general conformity to the approved drawings. Copies of the certification shall be circulated to the City and the NPCA. 46. The developer provide a detailed Environmental Impact Study, if required, to evaluate the impact of development on Lots 12 to 29 (Inclusive) in relation to the adjacent Warren Creek, including any recommended mitigation measures, to the satisfaction of the NPCA. 47. The developer provide a scoped Environmental Impact Study to evaluate the impact of the proposed Street E crossing with culvert over Warren Creek, including any recommended mitigative measures to the satisfaction of the NPCA. 48. The developer shall obtain any required permits from the NPCA /DFO for any storm outlets or works within Warren Creek. 49. Conditions 38 to 48 (Inclusive) be implemented through the approved Subdivision Agreement to the satisfaction of the NPCA. 50. The developer satisfy all requirements of Hydro One with respect to the abutting hydro property /corridor to the south. 51. The following notice clause shall be included in the Subdivision Agreement and in all Agreements of Purchase and Sale for the subdivision lots and /or blocks: "Cytec Canada Inc. "Cytec owns lands located north of the Welland River and west of Garner Road. Cytec's lands are designated Industrial and zoned for heavy industrial uses. Cytec operates chemical manufacturing and industrial facilities on its lands and may in the future expand its operations by expanding or adding to its existing buildings or constructing new buildings and/or intensifying its operations. Cytec may also erect and /or construct and operate facilities for any of the uses permitted in the City's Zoning By -law. Cytec's use of its lands may generate odour and air emissions and create noise, together with other industrial effects. Cytec is a member of the Canadian Chemical Producer's Association and has been verified under the Responsible Care Codes of Practice. This notice clause includes any successors and /or assigns in title to Cytec." November 17, 2008 Clearance of Conditions 12 PD- 2008 -105 Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 18 Canada Post for Conditions 19 and 20 Regional Niagara Public Works Department for Conditions 28, 29, 30, 31, 32, 33, 34, 35, 36 and 37 Niagara Peninsula Conservation Authority for Conditions 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49 Hydro One for Condition 50 Proposed Modifications Draft Plan of Subdivision Zoning By-Law Amendment Warren Woods (East) 26T -11- 2006 -02 (Revised) AM- 42/2006 (Revised) Location Map ADDITIONAL LAND OF APPLICANT (FUTURE PHASE) a•I :1P ADDITIONAL LAND OF APPLICANT •r• •r_••r ADDITIONAL LAND OF APPLICANT MILLI e 111 IILINIIII_ i •I ilii e k II: 1 MIN ADDITIONAL LAND OF APPLICANT SE R O Subject Land i A K:1GIS_Requests\2007\Schedules \Subdivision \Warren Woods \Warren Woods.map SCHEDULE 1 WE Scale 1:NTS November 2008 SCHEDULE 2 N z, 0 P- o cn 0 to w w a rc tttt X. 2i= d, if BILLS w IP I C f 0 0 mg an A w X11 me ga ;i u v vu LI V 1 V `gs S7 $1 IN3INN9nt9a N33a0 N3aNVm o3s0dc UNV1 1NY3VA d 11 9 N. Nonvia No Od Oad SCHEDULE 3 10111111111111 11111111 111111111 October 15, 2007 PD- 2007 -86 /7 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal NiagaraJalls C A N A D A Re: PD- 2007 -86 26T -96001 (Revised), 26T -11- 2006 -02 (Revised) AM- 42/2006 Warren Woods Draft Plan of Subdivision Zoning By -law Amendment Application Kalar Road (West Side) /South of McLeod Road Owner: Warren Woods Land Corporation 617567 NB Inc. (Jim Ruscica) 1. That the Warren Woods Plan of Subdivision be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. The applicant proposes to develop a 17.235 hectare (42.59 acre) site for a residential plan of subdivision with a total of 308 units. The property is located on the west side of Kalar Road, between McLeod Road and Brown Road (see Schedule 1). The subject lands involve all of Phase 1 and part of Phase 2 on a draft plan approved by the Region in 1998. Schedule 2 illustrates the revised subdivision layout. The plan proposes 146 lots for single- detached dwellings, 14 lots for semi detached dwellings (28 units), 27 blocks of land for 134 on- street townhouse dwelling units and blocks of land for a park, walkway /open O Qu ee nStreet P0:4Box 1023 ,Niagara Falls ON Canada L2E,6X5 905 =356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development October 15, 2007 2 PD- 2007 -86 space and a watercourse channel. A temporary stormwater management area is proposed at the south limit of the plan. There is a temporary emergency access located in the northeast area of the plan through additional land to the north owned by the applicant. The balance of the land to the west will remain under the old file, but a new design and subdivision application(s) are required in the future. The east portion of the site is currently zoned Residential Single Family 1D Density (R1 D), Residential Single Family 1F Density (R1 F), Residential Mixed (R3) and Hazard Land (HL) through site specific Zoning By -law No. 98 -228. The west section of the subject land is zoned Development Holding (DH) through Zoning By -law No. 79 -200. The applicant has requested the zoning on the subject land be changed to a site specific Residential Mixed (R3) zone for the single- detached lots, semi detached lots and on- street townhouse blocks, the Open Space (OS) zone for the parkland and walkways and the Environmental Protection Area (EPA) zone for the watercourse channel. Public Consultation The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on June 25, 2007. There were two members of the public that spoke at the meeting regarding the sensitivity of the Warren Creek watercourse, woodlands and Provincially Significant Wetlands in the area. A letter was submitted from the solicitor representing Cytec located to the southwest advising of concerns with residential uses in the vicinity of their industrial operation. The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. Planning Review Various matters were considered in assessing the proposed plan of subdivision and zoning amendment. Based on this analysis, approval is recommended subject to detailed conditions of approval for the subdivision and with minor revisions to the requested zoning amendment. The review of the applications is addressed under the following headings. Existing Development Approval The Region approved a draft plan of subdivision in 1998 for the applicant's land north of the hydro property extending between Kalar Road and Garner Road. The east portion of the site (Phase 1) contained a mix of single- detached, semi detached and on- street townhouses. Phases 2, 3 and 4 further west were in block form. Several extensions to this draft plan have been granted by Council and staff has granted a temporary extension pending the review of the current applications. This existing approval needs to be changed to address new environmental requirements for the protection of Warren Creek and Provincially Significant Wetlands in the area. Surrounding Land Uses A large property abutting to the north is designated for future residential development. An automotive scrap yard exists to the northeast (7549 Kalar Road). This site is now owned by the applicant and the non conforming use is to be eliminated through a proposed October 15, 2007 Official Plan 3 PD- 2007 -86 multiple -unit residential development (File AM- 19/2007) that will be subject to a future public meeting. There are two dwellings, Provincially Significant Wetlands (PSW) and land currently zoned for light industrial use on the east side of Kalar Road. A hydro corridor, a dwelling and industrially- designated land containing agricultural crops are located to the south. West of the subject land is the proposed realignment channel for Warren Creek, another PSW area and the applicant's vacant land draft approval for future residential development. The City's Official Plan designates the majority of the property Residential which permits a variety of housing types. The floodplains of the two existing branches of the Warren Creek watercourse on the site are designated Environmental Protection Area. The Official Plan promotes a compatible mix of dwelling types, lot sizes and densities to provide a full range of housing opportunities and potential affordable housing. With the satisfaction of the required conditions of approval regarding industrial lands in the area, the development will be compatible with the existing and future surrounding uses. The proposal is consistent with the Provincial Policy Statement and the Growth Plan. The Official Plan indicates that the overall net density of residential development is generally limited to 25 units /hectare (10.1 units /acre). The overall net density of the development is approximately 23.4 units /hectare (9.5 units /acre). The Official Plan permits on- street and block townhouses to a maximum net density of 50 units /hectare (20.2 units /acre). The net density of the townhouse portions of the plan is calculated at approximately 41 units /hectare (16.6 units /acre). The submitted plan is in keeping with these Official Plan policies. Garner Neighbourhood Secondary Plan The policies of the Official Plan are refined through the Garner Neighbourhood Secondary Plan. General roadway locations are shown on the land use concept plan for the Garner Neighbourhood. Various housing types are encouraged to meet the needs of different age groups, family sizes and incomes. Environmental features are to be protected. The subdivision satisfies these objectives and the intent of the Secondary Plan. The Secondary Plan seeks a target housing mix of 70% single /semi- detached units and 30% multiple residential units. Based on lotting modifications requested by staff, the subdivision will provide 61.4% single and semi detached units and 38.6% on- street townhouses. This mix will satisfy recent Provincial initiatives which promote more multiple residential units and greater densities. Warren Creek Environmental Assessment In accordance with the Warren Creek Watershed Master Plan, the City initiated an Environmental Assessment (EA) for the realignment of the existing watercourses in the area. The EA also included an examination of potential impacts on the Provincially Significant Wetland to the west. This subdivision plan has been on hold pending the technical analysis of the creek realignment routes and stormwater management requirements for the larger area. The EA is currently in the public commenting phase. The subdivision was designed in anticipation of the general alignment of the east channel October 15, 2007 Subdivision Design PD- 2007 -86 (Block 189). However, the width of this block will need to be increased to correspond with the final approved watercourse location. Encroachments of the rear of proposed lots abutting the channel must be shifted out of this area. Schedule 3 demonstrates the preferred east and west channel alignments from the Environmental Assessment and a conceptual layout of the subdivision. The land for the channel realignment (within the plan as well as on other properties in the area) is to be acquired by the City through Development Charges. The EA must be completed before the subdivision design can be finalized The ultimate realignment of the creek tributaries will be designated and zoned Environmental Protection Area. The developer has undertaken revisions to the plan based on issues identified during the review process. The subdivision proposes a compatible mix of dwelling types and lot sizes with a road pattern and lotting that represents an efficient use of urban residential land. The townhouses are central to the plan in proximity to the open space areas. Larger frontage single- detached lots have been positioned with access on Streets "B" and "F" to minimize driveways to these collector roads. Further minor lotting changes are requested by staff to substitute singles /semis for townhouses (17 units) in two areas of the plan to improve compatibility and vehicle access issues. The applicant is agreeable to these modifications. The road rights -of -way are requested to be increased to current City standards. The developer wishes to continue discussions with staff regarding the possible acceptance of a reduced right -of -way boulevard area to accommodate service installation. An emergency access through the applicant's abutting land to the northeast is required. The development of the subdivision will be limited to approximately 100 units (excluding Street J) until a second permanent road access is available. Traffic calming techniques are required and there will be parking restrictions on certain streets to ensure adequate fire access. The temporary stormwater pond will be constructed on land proposed for future single- detached lots, if and, when the stormwater area is relocated. A recreational trail is proposed on other land of the developer to the west and bridge crossings of the Warren Creek channels are needed. Sidewalks are required in accordance with standard municipal practice. Additional land of the applicant is located to the south as shown on Schedule 1. The applicant has submitted an Official Plan amendment application (File AM- 31/2005) to change the designation of this land from Industrial to Residential for a large scale mixed use development which will be subject to a future public meeting. The subdivision plan previously showed a road connection to the south that has now been eliminated. Until a decision is made with respect to possible residential development to the south, a road connection is premature. The City will reserve a lot opposite Street B at the south limit of the plan to allow access to the area if the Official Plan is amended in the future to permit residential development on the land to the south. This addresses one of the comments raised by Cytec. Zoning Amendment The R3 zone category provides development standards for single- detached and semi- detached lots and on- street townhouse blocks. The request is to modify the existing site specific R3 zoning by -law. The watercourse channel will be in an Environmental Protection Area (EPA) zone. The park blocks and walkway blocks will be zoned Open Space (OS). Zoning Provision Standard R3 By -law No. 79 -200 Recommended R3 Site Specific Minimum lot area single- detached semi detached on- street townhouse 370 square metres 600 square metres 200 square metres /unit 330 square metres 495 square metres 165 square metres /unit Minimum lot frontage single (interior /corner) semi (interior /corner) on- street townhouse 12 metres /15 metres 18 metres /20 metres 6.5 metres /unit same standard 18 metres /21 metres 6 metres /unit Minimum front yard depth 6 metres 4.5 metres dwelling 7.5 metres garage 2.5 metres porch Minimum interior side yard width (varies with height) 1.2 metres /1.8 metres 3 metres townhouse (regardless of height) 1.2 metres single semi 2.4 metres townhouse Minimum exterior side yard width 4.5 metres 4.5 metres dwelling 7.5 metres garage Maximum lot coverage 40% 50% single semi 55% townhouse Maximum height single semi on- street townhouse 10 metres 10 metres 11 metres 12 metres October 15, 2007 The following chart presents information on the R3 zone development standards for singles, semis and on- street townhouses. The City standard by -law provisions and the staff recommendations for the current plan are shown. Changes to the typical R3 zoning provisions are illustrated, other standards such as the minimum rear yard setback for all dwelling types is maintained at 7.5 metres (24.6 feet). The proposed zoning standards apply "new urbanism" principles to create a pedestrian oriented subdivision with homes /porches closer to the street and garages located further back. The majority of lots exceed the proposed minimum lot area provisions. The requested setbacks for garages from both front and exterior side yards are greater than current City standards and allow space to park a vehicle in the driveway. The same interior side yards are proposed for singles and semis regardless of height while on- street townhouses will provide greater side yards. The maximum lot coverage provisions account for the reduction in setbacks and differentiate between singles /semis (50 and townhouses (55 These coverage figures represent potential building footprints and actual dwelling coverages will likely be reduced with architectural design features. A minor increase in dwelling height is requested for roof designs. The developer requests that both garage and driveway parking (tandem) be permitted for the on- street townhouses to meet the zoning requirement and this is acceptable. Regional Comments -5- PD- 2007 -86 The Regional Planning and Development Department has no objections to the approval of this development. The plan provides a variety of dwelling types and densities with the potential for affordable housing. Regional Public Works request standard conditions. October 15, 2007 6 PD- 2007 -86 Regional Planning also reviewed the subdivision with regard to Provincial policies. Conditions are requested for environmental studies to evaluate potential impacts and mitigation measures from surrounding industrial lands /uses. There are also requirements for stormwater management, protection of the creek and Provincially Significant Wetland as well as an archaeological assessment. Agency Comments The Niagara Peninsula Conservation Authority requests conditions relating to the completion of the Warren Creek Environmental Assessment, zoning and designation of the creek area, stormwater management and an environmental impact study. Canada Post advises that the residents will be served by Community Mailboxes and requests typical conditions. Hydro One requirements must be satisfied for their abutting corridor to the south. In addition, the developer will be required to enter into separate agreements with several utility companies. CONCLUSION: The Warren Woods Draft Plan of Subdivision is an appropriate development of the site. The design applies contemporary planning principles. The application is consistent with the Provincial Policy Statement and complies with the policies of the Official Plan. The construction of the necessary municipal services (sanitary sewers and pumping station, watermain, storm drainage works) are anticipated to be completed by mid -2008. The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings and also to protect the watercourse. The required conditions of approval are listed in the Appendix. Recommended by: Approved by: R.Wilsan:gd Attach. A auJuThAra Alex Herlovitch, Director of Planning Development 27 Respectfully submitted.: L John MacDonald, Chief Administrative Officer S:1PDR120071PD- 2007 -86. Warren Woods Draft Plan of Subdivision wpd Ed Dujlovic, Executive Director of Community Services October 15, 2007 -7 APPENDIX Conditions for Draft Plan Approval PD- 2007 -86 1. Approval applies to the Warren Woods Draft Plan of Subdivision prepared by The Planning Partnership, dated October 4, 2007 (Drawing No. E), showing 146 lots for single- detached dwellings, 14 lots for semi detached dwellings; 27 blocks for on- street townhouses, Block 186 for parkland, Blocks 187, 188 190 for open space /walkways, Block 189 for creek/channel, Block 194 for a temporary stormwater management area and a temporary emergency access over Lot 87 and through abutting land of the developer to the northeast. The final unit count and composition will be adjusted based on revisions to the plan resulting from the conditions of approval. 2. Upon notice of draft approval for this consolidated subdivision plan for the east portion of the property, the developer submit a letter to the City abandoning all rights and interest in the draft plan of subdivision (26T -96001 Revised) for the subject land. The existing draft approval for the west section of the plan shall be maintained under the old file but a new design and subdivision application(s) will be required in the future. 3. 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. 4. 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. 5. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: a) pavement construction on Street B and Street F (9.15 metres), on the laneways (6.0 metres) and on all other roadways (8.0 metres); b) dedication of appropriate daylighting triangles at all intersections; c) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; d) dedication of a 3.05 metre (10 foot) road widening to the City along the west side of Kalar Road abutting the plan; e) provision of water distribution, sanitary sewer and storm sewer systems; f) weeping tile flow to be directed to the storm sewer by use of sump pumps; g) provision of an overland stormwater flow route; and h) application of the City's Lot Grading and Drainage Policy. 6. The developer revise the plan to provide roadway right -of -way widths as follows: Street B and Street F 23 metres; Street A and Street D (between Street A and Street B) 20 metres; all remaining streets (excluding laneways) 18 metres_ Notwithstanding these current requirements, the City will examine the feasibility of the reduced right -of -way widths proposed in the plan. October 15, 2007 8 PD- 2007 -86 7. The developer construct and maintain a temporary emergency access over Lot 87 and through abutting land to the northeast (7549 Kalar Road) connecting to Kalar Road to the City's satisfaction. The access shall be required at least until there is a second permanent road access from Kalar Road or McLeod Road to the subdivision. 8. The construction of dwellings in the plan shall proceed in phases to the satisfaction of the City depending on the availability of a second permanent road access. The first phase shall contain approximately 100 units (excluding lots on Street J that has direct access to Kalar Road). 9. The developer dedicate Lots 41 to 46 (Inclusive) /Block 194 to the City for the construction of a temporary stormwater management area. The exact location and size of the facility will be determined by the City and Niagara Peninsula Conservation Authority which may affect the specific lots to be utilized. These lots will be returned to the developer for the construction of single- detached dwellings if and when the temporary stormwater pond is no longer required. 10. The developer dedicate Lot 39 (opposite the south limit of Street B) to the City which will be reserved as a street access if land to the south is approved for residential development. The width of Lot 39 shall be the same as the approved right -of -way for Street B and the two abutting lots shall be sized as corner lots. This lot will be returned to the developer for the construction of a single- detached dwelling if land to the south is not approved for residential development. 11. The developer construct sidewalks to City standards as follows: Street B and Street F both sides; Street A interior side (northwest and west); Street C east side; Street D interior side (south, east and north); Street E north side; Street G south side; Street H north side; and Kalar Road west side. 12. The developer dedicate 0.3 metre reserves to the City at the north limit of Street B, along the west side of Kalar Road including daylighting triangles (excluding direct frontage lots) and the north side of Lot 77. 13. The developer incorporate traffic calming measures and parking restrictions into the roadway design to the satisfaction of the City. 14. The developer submit servicing plans showing road widths /curb radii and the design details for the emergency access to Fire Services for review and approval. 15. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 16. The developer grant the City and Public Utilities any easements required to service the subdivision. 17. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication /telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the October 15, 2007 9 PD- 2007 -86 proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and/or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed development to enable, at a minimum the effective delivery of communication /telecommunication services for emergency management services (ie. 911 Emergency Services). 18. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 19. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. 20. The subdivision be revised as follows: Block 189 (channel) be enlarged to correspond with the final approved configuration of the Warren Creek EA and the roads /lotting be shifted to the west; Blocks 161, 162, 168 (Street D) 169 (Street D) be replaced with either single- detached or semi detached lots; and Blocks 163 183 be sized for a maximum of 6 on- street townhouse units. 21. The developer examine options to redesign the area of Lots 62 to 64 (Inclusive) to eliminate direct driveway access onto Kalar Road. Alternatively, the zoning by -law shall require an increased front yard depth for these single- detached lots and a special driveway design will be required to permit vehicles to avoid backing onto Kalar Road. 22. The developer dedicate Blocks 186, 187, 188 190 to the City as part of the 5% parkland requirement for the plan and develop the parkland based on plans approved by the City. Any shortfall of the 5% parkland dedication amount shall be addressed through future phases of development. 23. The developer construct a recreational trail to the City's satisfaction on their additional lands to the west of the approved alignment of Warren Creek. The developer is responsible for the approvals and costs of necessary bridge crossings of the Warren Creek channels. Parkland credit shall be granted for the trail. 24. The developer provide fencing to the City's satisfaction along the boundaries of all publicly owned land. 25. The developer submit a landscape plan for the review and approval of the Director of Parks, Recreation Culture illustrating the streetscape treatment along Kalar Road. October 15, 2007 10 PD- 2007 -86 26. The developer provide boulevard trees in accordance with City policy including along the street frontages of the park, open space and walkway blocks. 27. 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. 28. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning Development confirming that all lots comply with the Zoning By -law. 29. The developer provide five copies of the pre- registration plan to Planning Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 30. The detailed design drawings for the water, sanitary sewer and stormwater drainage systems required to service this plan be submitted by the developer to the Regional Public Works Department for review and approval. (Note: Any stormwater management scheme that may be proposed for this development would require the direct approval of the Ministry of Environment, Toronto). 31. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing (watermains, sanitary sewers and storm drainage system) for this development. (Note: Any new storm sewer outlet to a creek or stormwater management scheme designed for quantity control /quality improvement will require direct approval from the Ministry of Environment, Toronto). 32. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning and Development Department acknowledging that draft approval of this subdivision does not include a commitment of servicing allocation by the Region as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 33. Immediately following notice of draft plan approval, the developer provide the Regional Planning and Development 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. 34. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Planning and Development Department for review and approval two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of Environment documents entitled Stormwater Management Practices Planning and Design Manual, March 2003, and Stormwater Quality Guidelines for New Development May 1991: October 15, 2007 11 PD- 2007 -86 a) detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b) detailed erosion and sedimentation control plans. Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Planning and Development Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional Planning staff. 35. The Subdivision Agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management plan required in accordance with Condition 34. 36. An Environmental Impact Study, if necessary, be prepared by a qualified environmental consultant to address potential impacts on natural heritage features and functions with recommendations for mitigation to be implemented in the subdivision agreement between the developer and the City of Niagara Falls. 37. A study be prepared, if necessary, to address potential impacts from the abutting scrap yard to the north and adjacent lands designated Industrial in the Niagara Falls Official Plan to determine appropriate separation distances and mitigation measures necessary to maintain compatibility between industrial activities and proposed residential uses in accordance with Ministry of Environment criteria to the satisfaction of the Regional Planning and Development Department. 38. An environmental site assessment be prepared by a qualified person in accordance with Ontario Regulation 153/04 of the Environmental Protection Act. If a Phase 2 Environmental Site Assessment (ESA) is recommended to analyze soil conditions with any site remediation or confirmatory sampling undertaken, a Record of Site Condition (RSC) shall also be filed on the Ministry of Environment's Environmental Site Registry in accordance with Ontario Regulation 153/04 with a copy of the Ministry's written acknowledgement of the RSC provided to the Regional Planning and Development Department and the City of Niagara Falls. 39. An archaeological assessment be conducted of the development site by a licensed archaeologist and adverse impacts to any significant archaeological resources found on the site 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 Culture, through the Regional Planning and Development Department, confirming that all archaeological resource concerns have met licensing and resource conservation requirements. (Note: A copy of the archaeological assessment report(s) is to be submitted to the Regional Planning and Development Department for information). 40. The draft plan shall conform to the final approved Warren Creek Environmental Assessment. Any revisions required to conform to the EA shall be completed to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA). October 15, 2007 12 PD- 2007 -86 41. Creek Block 189 shall be zoned and designated accordingly to recognize the flood hazard and the environmentally sensitive nature of the watercourse, all to the satisfaction of the NPCA. 42. The developer shall confirm that the temporary stormwater management Block 194 has been sized to service the subdivision lands. 43. Appropriate wording of the details of the "temporary" nature of the stormwater management Block 194 and the ultimate stormwater outlet/design, including the timing of such construction, shall be included in the subdivision agreement, to the satisfaction of the NPCA. 44. The developer prepare detailed sedimentation and erosion control plans for review and approval of the NPCA. All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site or enter Warren Creek. 45. The developer submit detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, to the NPCA for review and approval. 46. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOEE Stormwater Management Practices, Planning and Design Manual, June 1994. 47. At the end of the project, the design engineer shall certify that all grading, storm sewers, and stormwater management controls have been constructed in general conformity to the approved drawings. Copies of the certification shall be circulated to the City and the NPCA. 48. The developer provide a detailed Environmental Impact Study, if required, to evaluate the impact of development on Lots 5 to 26 (Inclusive) in relation to the adjacent Warren Creek, including any recommended mitigation measures, to the satisfaction of the NPCA. 49. The developer shall obtain any required permits from the NPCA/DFO for any storm outlets or works within Warren Creek. 50. Conditions 40 to 49 (Inclusive) be implemented through the approved Subdivision Agreement to the satisfaction of the NPCA. 51. The developer satisfy all requirements of Hydro One with respect to the abutting hydro property /corridor to the south. October 15, 2007 13 PD- 2007 -86 Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 17 Canada Post for Conditions 18 and 19 Regional Niagara Public Works Department for Conditions 30 and 31 Regional Niagara Planning and Development Department for Conditions 32, 33, 34, 35, 36, 37, 38 and 39 Niagara Peninsula Conservation Authority for Conditions 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 and 50 Hydro One for Condition 51 Proposed Modifications New Plan of Subdivision Zoning By -Law Amendment Application Warren Woods 26T -96001 (Revised), 26T -11- 2006 -02 AM- 42/2006 Location Map t m 1:14== liir'ita 11111111111 Subject Land K:\ G1 S_ Requestsl200TSchedule \SubdivisIon \W arrenW odds \W arren Woods. map SCHEDULE 1 W E s Scale 1:NTS September 2007 SCHEDULE 2 1 ilidi i _E11 1 o ®N M ZN {Lt6H 52C66 .JIZLIN SCHEDULE 3 1) „i, i ,l�� i t ealla Fs IIIIIII f f November 26, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraaaaaaaafalls C A N A D A PD- 2007 -103 Re: PD- 2007 -103 26T -96001 (Revised) 26T -11- 2006 -02 (Revised) Warren Woods Draft Plan of Subdivision Kalar Road (West Side) /South of McLeod Road Owner: Warren Woods Land Corporation 617567 NB Inc. (Jim Ruscica) Change to Draft Plan Conditions OMB Appeal Settlement 1. That Council change the conditions to draft plan approval for the subdivision by deleting Condition #10 (lot reserved for potential road connection to the south) and by including the additional condition detailed in this report (Cytec notice clause). 2. That Council direct staff to formally consult with Cytec in the drafting of the future amending zoning by -law for the subdivision (related file AM- 42/2006). 3. That Council determine by resolution that the change to conditions is minor and no further written notice is required. On October 15, 2007, Council adopted the recommendations of Report PD- 2007 -86 which included that the Warren Woods Plan of Subdivision be granted draft approval subject to specific conditions listed in the report. The proposal is to develop a 17.235 hectare (42.59 acre) site for a residential plan of subdivision containing approximately 300 dwelling units, parkland /open space and a watercourse channel. The location of the subject land and additional land of the applicant is shown on Schedule 1. The subdivision layout is illustrated on Schedule 2. The required notice of Council's decision to grant draft approval to the plan was circulated on October 25, 2007 with the final day for appeal being November 14, 2007. The City has received one appeal from Cytec Canada Inc. (see attached letter from Thomson, Rogers dated November 13, 2007). The purpose of this report is to change two conditions of draft plan approval and to resolve the need to proceed to an Ontario Municipal .00ard bearing. Community Services Department Planning Development 10 Queen 5treeet P0" Box 023 Niagara'Falls ON Canada L2E 6X5 :905-356-7521 wwwniagarafalls.ca Working Together to Serve Our Community November 26, 2007 OMB Appeal Settlement 2 PD- 2007 -103 The basis of the appeal relates to Condition #10 of draft approval (lot reserved for potential road) and the request for an industrial notice clause. Since the submission of the appeal, the applicant's solicitor and the solicitor for Cytec have been working on a resolution of the matter. The attached letter from Sullivan, Mahoney (dated November 26, 2007) indicates that the issues have been resolved subject to certain terms. This settlement necessitates that Council change the conditions to draft plan approval as permitted by section 51(44) of the Planning Act. There are no public meeting requirements for this process and the interested parties have requested the changes. Planning Review There is additional land of the applicant to the south where a separate Official Plan amendment application (AM- 31/2005) proposes to change the designation of this land from Industrial to Residential for a large scale mixed use development. This file will be subject to a future public meeting. Cytec has expressed concerns with the expansion of residential uses closer to their industrial operation. Condition #10 (see attached extract from report PD- 2007 -86) was intended to preserve a potential road access to the south if needed as a result of the decision on the related Official Plan amendment. Staff is satisfied that there are sufficient municipal controls (e.g. approval of phasing) without Condition #10 to ensure that, if required, an area will be available for any road connection at the south limit of the plan if the land to the south is approved for residential use. Environmental studies are required for the subdivision to evaluate potential impacts and determine mitigation measures from the surrounding industrial lands /uses. The results of such studies could include notice clauses in the subdivision agreement. Staff can therefore recommend that an additional condition of draft approval be included as noted in the proposed appeal settlement: "The following notice clause shall be included in the Subdivision Agreement and in all Agreements of Purchase and Sale for the subdivision lots and /or blocks:" "Cytec Canada Inc. "Cytec owns lands located north of the Welland River and west of Garner Road. Cytec's lands are designated Industrial and zoned for heavy industrial uses. 1 Cytec operates chemical manufacturing and industrial facilities on its lands and may in the future expand its operations by expanding or adding to its existing buildings or constructing new buildings and /or intensifying its operations. Cytec may also erect and /or construct and operate facilities for any of the uses permitted in the City's Zoning By -law. Cytec's use of its lands may generate odour and air emissions and create noise, together with other industrial effects. Cytec is a member of the Canadian Chemical Producer's Association and has been verified under the Responsible Care Codes of Practice. This notice clause includes any successors and /or assigns in title to Cytec." The terms of the settlement also request that the City consult with Cytec in the drafting of the future implementing zoning by -law for the subdivision. Council approved the requested by -law amendment application in principle on October 15, 2007 (related file AM- 42/2006) to provide site specific development standards for the plan. Staff will consult with Cytec during the preparation of the by -law and a separate recommendation is provided to formally address this request. November 26, 2007 3 PD- 2007 -103 CONCLUSION: Council has the authority under the Planning Act to change conditions to draft approval of proposed plans of subdivision. The deletion of Condition #10 and inclusion of the additional condition for a notice clause can be supported by staff. Furthermore, these changes will resolve an appeal of the subdivision to the Ontario Municipal Board. The change to draft approval conditions is minor and a Council resolution is needed that no further written notice is required. In accordance with section 51(50.1) of the Planning Act, the solicitor for Cytec will need to withdraw the appeal by Wednesday, November 28, 2007 so that staff is not required to prepare and forward the appeal package to the OMB. Recommended by: Approved by: Respectfully submitted: R.Wilson:gd Attach. k i Alex Herlovitch, ector of Planning Development Ed Dujlovic, Executive Director of Community Services n MacDonald, Chief Administrative Officer S ]PDR120071PD- 2007 -103, Warren Woods Subd Change of Draft Plan Conditions Appeal Settlement.wpd October 15, 2007 EXTRACT APPENDIX A PD- 2007 -86 8 PD- 2007 -86 7. The developer construct and maintain a temporary emergency access over Lot 87 and through abutting land to the northeast (7549 Kalar Road) connecting to Kalar Road to the City's satisfaction. The access shall be required at least until there is a second permanent road access from Kalar Road or McLeod Road to the subdivision. The construction of dwellings in the plan shall proceed in phases to the satisfaction of the City depending on the availability of a second permanent road access. The first phase shall contain approximately 100 units (excluding lots on Street J that has direct access to Kalar Road). 9. The developer dedicate Lots 41 to 46 (Inclusive) /Block 194 to the City for the construction of a temporary stormwater management area. The exact location and size of the facility will be determined by the City and Niagara Peninsula Conservation Authority which may affect the specific lots to be utilized. These lots will be returned to the developer for the construction of single- detached dwellings if and when the temporary stormwater pond is no longer required. 10. The developer dedicate Lot 39 (opposite the south limit of Street B) to the City which will be reserved as a street access if land to the south is approved for residential development. The width of Lot 39 shall be the same as the approved right -of -way for Street B and the two abutting lots shall be sized as corner lots. This lot will be returned to the developer for the construction of a single- detached dwelling if land to the south is not approved for residential development. 11. The developer construct sidewalks to City standards as follows: Street B and Street F both sides; Street A interior side (northwest and west); Street C east side; Street D interior side (south, east and north); Street E north side; Street G south side; Street H north side; and Kalar Road west side. 12. The developer dedicate 0.3 metre reserves to the City at the north limit of Street B, along the west side of Kalar Road including daylighting triangles (excluding direct frontage lots) and the north side of Lot 77. 13. The developer incorporate traffic calming measures and parking restrictions into the roadway design to the satisfaction of the City. 14. The developer submit servicing plans showing road widths /curb radii and the design details for the emergency access to Fire Services for review and approval. 15. The developer pay the Development Charges in force at the time of execution of the subdivision agreement. 16. The developer grant the City and Public Utilities any easements required to service the subdivision. 17. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication /telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the 1 WED 14:24 FAX 905 788 1121 Nia. Cons. Auth. Niagara Falls PL /PW /EN 001 /004 C 11 Z eA V1/45 Plannin Vim' nle: n C 4 n Rick uM (9e,c NIAGARA PENINSULA CONSERVATION =AUTHOR I T T 2so rhorold Road Wesl, 3rd floor Tel (905) 788 Welland, Ontario L3C 3W2 Fax (905) 7881121 E.maIL npcaaconservatIon-niagara.on.ca November 5, 2008 File MPR 6.9.104.B Rick Wilson _Planner City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: Subject: Warren Woods East Modifications to 26T -11. 2006 -02 REVISED City of Niagara Falls The following technical comments are offered. via fax 1- 905 -356 -2354 Modifications are now being proposed to the approved draft plan which would eliminate the temporary stormwater block (Block 194), modify the east channel block (Block 189), and extend the draft plan boundary westward by some 16m. The applicants consultant (Upper Canada) has provided a modified plan which shows some dimension detail of the westerly main channel block (outside the plan). The NPCA is satisfied that this information addresses our previous concerns. Note that the NPCA's comments provided herein are based upon this newly revised plan, which we assume is what your Council will be reviewing. The NPCA was involved as a review and commenting agency during the Municipal Class EA process for the Warren Creek Watershed Plan. This process, in part, involved the completion of a detailed environmental impact review to assess the watercourse re- alignments and the adjacent wetlands. As a result of the EA and the associated environmental studies, certain standards and design parameters were approved respecting the realigned channel blocks. The NPCA provided review and comment on the subsequent draft plan of subdivision application for Warren Woods based in part on these design parameters for the creek blocks. Stormwater Management: These comments pertain to our review of the 'Stormwater Management Plan Warren Woods Estates' (dated September 2008) by Upper Canada Consultants, as submitted in support of the above noted development. Based on our review, the NPCA offers the following comments: RECEIVED NOV 5 2008 PLANNING DEVELOPMENT 11/05/2008 WED 14:24 FAX 905 788 1121 Nia. Cons. Auth. Niagara Falls PL /PW /EN a002 /004 2 1) The NPCA notes that a communal stormwater management facility is proposed to be constructed in order to service approximately 39 hectares of development, of which the 18 hectare Warren Woods subdivision is included. The NPCA has no objection to this concept. The NPCA notes however, that the communal stormwater management facility is proposed to be constructed outside of the limits of the Warren Woods subdivision, As such, the NPCA will require that: a) Provisions be made in the Warren Woods subdivision agreement and the draft plan approval itself which would require that the proposed stormwater management facility be constructed prior to works being undertaken on the Warren Woods subdivision. b) Clarification be provided regarding the party responsible for operating and. maintaining the stormwater management.facility until the municipality assumes ownership. c) Confirmation be provided that the proposed Warren Woods storm sewer system contains adequate capacity to convey the 5 year.design storm event from the future developed lands upstream of the Warren Woods subdivision into the stormwater management facility. As such, the NPCA will require that the Warren Woods storm sewer design drawings and calculations be submitted to this office for review and approval. The NPCA understands that the proposed communal stormwater management facility is proposed to be constructed as .a quality control wet pond only due to the fact that the 'Warren Creek Watershed Master Plan' (Philips, 2000) indicated that: 'Downstream.of Kalar Road, roadway culverts generally have sufficient capacity to convey future land use uncontrolled design flows (t e. Montrose Road, QEW, Oakwood Drive)' (page 45). The Master Plan goes on to state however, that: 'The Brown Road culvert has insufficient capacity to accept future land use flows' (page 45). The Warren Creek Watershed Plan Implementation Class EA' (Upper Canada Consultants, 2007) further indicates that: 'Culverts on McLeod Road and Kalar Road shall be replaced, .due to the new elevation and increased flows' (page 9). As such, the NPCA would require, as a condition of this development, that the Kalar Road and Brown Road culverts be upgraded in order to convey the future uncontrolled flows from the entire 39 hectare development. Permits shall be obtained from the NPCA prior to the reconstruction of these culverts. As per our recent telephone discussions, it is my understanding that the details of the ultimate swm facility construction and associated funding have not been resolved to date (but are being reviewed by your Public Works staff). It is important to note that swm facility construction and the required culvert upgrades are to be addressed to the satisfaction of the NPCA through draft plan conditions and appropriate wording in the subdivision agreement. These works must be completed prior to any construction /development of the subdivision, 3) As Warren Creek is classified as containing Type 2 Important fish habitat, the NPCA will require that all stormwater runoff be treated to a Normal standard prior to discharge from site. a) The NPCA is satisfied that the proposed stormwater management wet pond has been adequately designed in order to treat stormwater runoff to a Normal standard (for the contributing 39 hectare catchment) prior to discharge from site. b) The NPCA is satisfied that the proposed Contech PMSU30_20.oil /grit separator contains adequate volume in order to treat stormwater runoff from the 1.67 hectare developed lands between the east branch of Warren Creek and Kalar Road. 11/05/2008 WED 14:24 FAX 905 788 1121 Nia. Cons. Auth. Niagara Falls PL /PW /EN 1>Jj003 /004 4) In order to mitigate the negative impacts of erosion on the receiving watercourse, the NPCA will require that all stormwater runoff from the 25mm design storm event be captured and detained for a period of at least 24 hours. The NPCA is satisfied that the proposed stormwater management wet pond has been adequately designed in order to meet this criteria. 5) On 'Drawing 0787SWMPP Stormwater Management Facility', the NPCA will require that a trash rack be installed on the 250mm diameter opening of Manhole '833'. 6) Prior to construction, the NPCA will require that permits be obtained for all watercourse culvert crossings within the Warren Woods Subdivision, and for the proposed stormwater management outfall into Warren Creek. 7) The NPCA will require that a full set of Warren Woods Subdivision engineering design drawings be submitted to this office for review and approval. Natural Heritage /Environmental Review: 1) The NPCA notes that the east watercourse block location and width has been modified from the approved submission. As the watercourse block illustrated in the Red Line Revision corresponds to the recommendation in the EA, the NPCA has no objection to the proposed location or width of Block 192. 2) The Revised Warren Woods Estates Draft Plan of Subdivision indicates that Street E is proposed to cross the east watercourse block (Block 192). The NPCA has no objection in principal to installing a watercourse crossing at this location, however the NPCA requires that a scoped EIS be prepared to assess impacts to the watercourse feature and that a Work Permit be obtained from this office pursuant to Ontario Regulation 155/06. Through the existing Memorandum of Understanding, the Region of Niagara has provided comment to the NPCA noting the requirement for a scoped EIS for the proposed road crossing. This will be requested as a condition of draft plan approval. 3) In order to help mitigate impacts to the adjacent Provincially Significant Wetland, the NPCA has previously agreed to the construction of a berm no less than 8 metres from the west property limit. As the watercourse block for the Warren Creek Realignment is proposed to be located within 8 metres of the west property limit, the NPCA requires written confirmation that the proposed location of the watercourse block will not impact construction of the berm. Summary: The NPCA have no objection to the approval of the proposed revisions to draft plan approval subject to incorporation of the Following draft plan conditions: 1) The draft plan shall conform to the final approved Warren Creek Environmental Assessment. Any red line revisions required to conform to the EA shall be completed to the satisfaction of the NPCA. 2) Creek Block 192 shall be zoned and designated accordingly to recognize the flood hazard and the environmentally sensitive nature of the watercourse, all to the satisfaction of the NPCA. 3) Provisions be made in the Warren Woods subdivision agreement and the draft plan approval itself which would require that the proposed stormwater management facility (outside the draft plan area) be constructed prior to works being undertaken on the Warren Woods subdivision. 11/05/2008 WED 14:25 FAX 905 788 1121 Nia. Cons. Auth. Niagara Falls PL /PW /EN Z004/004 4 4) That, prior to any development of the lands the Kalar Road and Brown Road culverts be upgraded in order to convey the future uncontrolled flows from the entire 39 hectare development. Permits shall be obtained from the NPCA prior to the reconstruction of these culverts. 5) That detailed sedimentation and erosion control plans be prepared for this agency's review and approval. All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site or enter Warren Creek. 6) That detailed lot grading and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, be submitted to the Conservation Authority for review and approval. 7) That prior to approval of the final plan, the owner submit to the Conservation Authority a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOEE Stormwater Management Practices, Planning and Design Manual (as amended). 8) At the end of the project, the design engineer shall certify that all grading, storm sewers, and stormwater management controls have been constructed in general conformity to the approved drawing. Copies of the certification shall be circulated to the City and the NPCA. 9) That the developer provide a detailed Environmental Impact Study, if required, to'evaluate the impact of development on lots 12 -28 inclusive in relation to the adjacent Warren Creek, including any recommended mitigative measures, to the satisfaction of the NPCA. 10) That the developer provide a scoped Environmental Impact Study to evaluate the impact of the proposed Street "E" road crossing with culvert over Warren Creek, including any recommended mitigative measures, to the satisfaction of the NPCA. 11) The owner shall obtain any required permits from the NPCA /DFO for any storm outlets or works within Warren Creek. 12) That the above noted conditions 1 -11 Inclusive be implemented through the approved subdivision agreement to the satisfaction of the NPCA. Please send notice of your Councils decision in this matter. Yours truly, P` aul Bond Senior Watershed Planner Niagara Peninsula Conservation Authority cc: Sue Mabee, Region of Niagara, Planning Dept. via fax 905 -641 -5208 Alison Enns, Upper Canada Consultants via fax 905 688 -5274 November 17, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraj'alIs C %N\ Re: PD- 2008 -106 26CD -11- 2008 -03, Draft Plan of Condominium (Conversion) 4218 Portage Road (East Side), North of Gallinger Street Owners: Shaukat Amina Parekh (Agent Al Heywood) PD- 2008 -106 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. BACKGROUND: The applicant proposes to convert the existing 18 -unit rental apartment to a condominium. The plan of condominium subdivision will permit the individual ownership of each unit with the common areas (e.g., hallways, driveways and open space) shared by the condominium corporation. There is no new construction proposed. The property is on the east side of Portage Road, north of Gallinger Street, as shown on Schedule 1. The building layout, open space and parking /driveway areas are illustrated on Schedule 2. There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, Staff notify the tenants of the units about tonight's Council meeting as a courtesy. The owner has also advised the tenants regarding the proposed condominium conversion. Queen PO Box 1023; Niagara Falis; ON, Canada L2E 905-'356-7521 wives niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development November 17, 2008 2 PD- 2008 -106 Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Rents cannot be increased based on the conversion to condominium ownership and are regulated by Provincial guidelines. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below three percent. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2007. The data indicates a vacancy rate of 3.2% for all surveyed apartment units in Niagara Falls. The City -wide rate has decreased from 5.1% in 2006, but the CMHC figures exceed the Official Plan three percent vacancy rate threshold. Although it is desirable to maintain existing rental accommodation, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The application indicates that the building contains 18 one bedroom apartment units. The applicant estimates that the selling prices for the proposed condominium units will be approximately $65,000.00 to $80,000.00 which is within the City's range of affordable housing. Regional Rental Housing Policies The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected a vacancy rate of three percent or more is considered desirable for a healthy rental market. The vacancy rate throughout the major urban centres of Niagara is 4.0% for all apartment units. On this basis, the Region is not opposed to the conversion of these apartment units. However, the Region notes that the vacancy rate in Niagara Falls has declined considerably over the past year. Regional Planning staff advise that there could be future impacts on the supply of rental housing in the City if the downward trend in the vacancy rate continues. Site Assessment The apartment building was constructed in 1974 in compliance with Zoning By -law provisions in place at that time (site specific By -law 73 -94) and an approved site plan that has since expired. The property is currently zoned Residential Apartment 5B Density (R5B) in accordance with Zoning By -law No. 79 -200. Although compatibility with the surrounding properties has been established over the years, the condominium conversion process provides the opportunity to achieve site improvements in keeping with current development standards and to formally recognize acceptable zoning by -law deficiencies. November 17, 2008 The original Building Permit records for the development no longer exist. Information submitted with the application lists tenant names for 19 units rather than 18 units as indicated on the draft plan. Regardless of rental or ownership, compliance with Ontario Building Code standards for the extra unit is needed. The size of the property satisfies the minimum lot area requirements for the 19 units. The existing development provides 28 parking spaces which complies with the current zoning standard. However, the length of the parking stalls, width of the driving aisle and location of spaces within the front yard do not meet the zoning requirements. It appears the side yard width and balcony projections as well as the placement of the storage building in the rear yard may not satisfy current by -law provisions. Staff is satisfied that the existing site conditions can be recognized through a variance application. Private waste collection service is provided. The garbage bin and recycling containers are located at the east limit of the parking lot in a partially fenced area. A proper enclosure is required to screen the garbage area from residents and abutting properties. The Region requests a condition to formally advise purchasers that the site does not satisfy the Region's policy for waste collection. There is privacy fencing around the perimeter of the property. Several mature trees and landscaping exist on the site. The land is within an old plan of subdivision (registered in 1926 prior to typical parkland requirements) and cash -in- lieu of parkland dedication based on the raw land value is requested as permitted by the Planning Act. CONCLUSION: The proposed conversion of the existing apartment development to condominium ownership can be supported. The rights of the current tenants will be safeguarded through the requirements of the Residential Tenancies Act. The condominium will provide additional affordable priced units to the housing market. The requested conditions of approval are listed in the Appendix. Recommended by: Approved by: R.Wilson'.gd Attach. S'SPDR120081P D- 2008 -106, 26CD- 11- 2008 -03, 4218 Portage Road. Draft Plan of Condominium wpd 3 PD- 2008 -106 Alex Herlovitch, Director of Planning Development c— /I rrs Ed Dujlovic, Execjtive Director of Community Services November 17, 2008 4 APPENDIX Conditions of Draft Plan of Condominium Approval PD- 2008 -106 Approval applies to the 4218 Portage Road Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated February 29, 2008, showing an apartment building containing 18 dwelling units, open space and parking /driveway areas. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. The developer obtain final approval from the City's Committee of Adjustment for variances to recognize any zoning by -law provision deficiencies for the property including parking stall size, driving aisle width, parking in the front yard, side yard width, balcony projections and storage building setbacks. The developer submit information verifying compliance with the Ontario Building Code for the extra unit in the apartment building or undertake any necessary alterations to the satisfaction of the Building Division. 6. The developer submit a plan showing the proposed garbage enclosure details for the review and approval of Planning Development and construct the enclosure to the City's satisfaction. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land. 8. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property, if required. 9. The developer provide an updated Human Resources section of the building's Fire Safety Plan to Fire Services if there is a change of ownership. 10. The condominium agreement between the developer and the City of Niagara Falls and all offers and agreements of purchase and sale or lease for each dwelling unit contain the following warning clause: "Purchasers /tenants are advised that due to the site layout, waste collection for this development cannot be provided by the Regional Municipality of Niagara; therefore, waste collection will be provided by the condominium corporation through a private contractor." 11. The developer provide five copies of the pre- registration plan to Planning Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. November 17, 2008 5 PD- 2008 -106 Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Condition 10 Proposed Plan of Condominium 4218 Portage Road 26CD -11- 2008 -03 Subject Land SCHEDULE 1 Location Map wat MEM MEI r IM r HE ST n n i Copyright 2008 City of Niagara Falls WFO EPA Nis NC E Cu sr THOROLD STONE RD untiErn �r S INS sr MEM r= ari n"' rsalt z THOROLD STONE RD I 500 VIRGINIA SI Wan 4 November 2008 SCHEDULE 2 Oz LIO OF ce to Win zuc ow oz a z x Z 0 La (is IMAM avog 2 z Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 RE: Kraft Hockeyville 2009 Niagaraj'alls TO: His Worship Mayor Ted Salci DATE: November 17, 2008 Members of Council Some of Council may have received an e -mail from Mr. Todd Simon regarding a proposal to provide a "third -party run campaign" for the CBC Kraft Hockeyville 2009 contest. Staff has never officially received the proposal but feel an obligation to comment Kraft Hockeyville is a contest that over the past three years, communities across Canada have participated to prove that their community best embodies the spirit of hockey and hometown pride. The winning community receives $100,000 in arena upgrades courtesy of Kraft, an NHL pre- season game and a Hockey Day in Canada broadcast. The City and stakeholders participated in the initiative in 2008. A credible application at minimal cost, on short notice, and with many volunteers and stakeholder input took place. Although not a winning bid, the effort provided exposure and civic pride. Mr. Simon is a former Niagara Falls Thunder hockey player. He also played in the National Hockey League for the Buffalo Sabres. Mr. Simon's unsolicited proposal calls for $25,000 for cost and immediate capital and $25,000 upon completion of a Top 5 finish. Mr. Simon's enthusiasm for the project is commendable and he has already generated some media attention; however, hiring a professional firm to help with a "grass root" initiative may not be in keeping with the intent of the contest. In addition, staff has not budgeted for such an expenditure and if we were to entertain the use of an outside consultant or firm, we would go through the normal municipal open and transparent process of soliciting proposals and evaluating the submitted proposals. The Recreation Committee met on November 11t and discussed the Hockeyville initiative. They recommended that the City to submit a bid for Hockeyville 2010 and at no cost to the taxpayer. 2010 is an appropriate year to engage in such efforts as this is when the new arena will open and Canada is hosting the Winter Olympics. RECOMMENDATION: That the proposal be received and filed and that the City submit for Kraft Hockeyville 2010, at no cost to the taxpayer. Pip Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development From: <todd ©toddsimon.ca> To: <jdiodati ©cogeco.ca> Sent: Monday, November 10, 2008 12:00 PM Subject: Hockeyville 2009 and November 10 City Council meeting City of Niagara Falls For Council Meeting November 10, 2008 Topic of Hockeyville 2009 National Exposure on TV, Newspapers, Online, Hockey Magazines, and Radio Our Goal Top 5 ?We can add this to the growing resume of reasons to visit Niagara Falls in winter season.? Todd Simon Our submission is to have third party run campaign Todd Simon Associates would act on a consultants basis until CBC make announcements of closure of the campaign December 6. This is due to the timelines that the campaign has and the massive coordination of these events. We would coordinate media around events for full exposure. New Hockeyville Niagara Falls Website this will allow us showcase weekly events online and when obtaining the top 5 status, to align other cities awareness bids and support through a channel of city to city support online. Reduce timely letters and mail. This site would keep current all locals from, media, city council, residents, leagues, associations in one capacity. Online videos on You Tube, Facebook exposure. We would facilitate parties at our cost: Canucks Game Free to entire city ($4000 6000) Black Hockeyville T shirts for $2 donation ($1 to Project Share) 5000 ($8000 10000) called ?The Black Out at Memorial? Face painting ($1500) Horns and Noise Machines ($1000) (11)12/2008) Dean lorfida Fw: Hockeyville 2009 and November 10 City Council meeting Page 2 Bristol Board and Markers for signs ($500) Hockeyville Vehicle City advertising our Cities Tourist hot spots Photography ($3000) City Shots Festival of lights Team shots Public shots Hockey shots Story As Niagara Falls has not fully embraced technology, there are some people that do not have the resources to place a bid online over a computer. We will be able to facilitate a free area to come and post your story on CBC website and picture upload. (Queen Chrysler Back unit) Story upload for Seniors. We would go to facilities based upon approval of time and date with Senior Centers. These are the stories that would generally go overlooked, but may be the most significant to the campaign. Schools for Business Campaign. As we know the kids can produce more Hockeyville posters at school for the business community. Posters from kids would be featured on every business within their area. Incorporate old hockey celebrities like Keith Primeau, Mike Gartner, Marcel Dionne with Todd influence with involvement of the NHLPA. Todd already has this access. We would facilitate a FAQ to release the city of the burden of phone calls and have a hotline set up for this through our office. This would handle complaints and FAQ ?s as well for locals. Who would we incorporate All Hockey leagues and levels including the communities of: Seniors Schools Businesses (Chamber of commerce, BIA) Churches Associations Funding for Pink seats Queen St. Hockeyville Road Hockey Game outside City Hall What we have completed thus far 1. Our bid was one of the first in the country. 2. Raised awareness through fundraiser with Recreational Hockey 3. Front page Niagara Falls Review 4. Arranged Red Carpet for media Saturday November 8 5. Arranged corporate partnership (no funds) 6. Informed media 7. Opened discussion about Fallsview Casino hosting outdoor event We believe that outsourcing this venture and funding this money in (11/12/2008) Dean lortida Fw Hockeyville 2009 and November 10 City Council meeting Page 3;1 advance for all pertinent cost affiliated would be the only way to ensure this goal. We would offer full disclose to the city on our spending. This top 5 guarantee. If Niagara Falls is not selected in the top 5, Todd Simon Associates would not be paid the secondary financial commitment from the city. On a personal level, with what we have done this far, I would stand behind our company and venture to believe a top 2 finish is obtainable. This for exposure and to cover the related cost, as we would absorb any extra cost on behalf of our business. The long term marketing advantage and the generation of business boom for the city far outweighs this amount. We believe the city would absorb a much higher cost possibly without the effectiveness due to having the cost and time to create the idea and then to execute would not meet CBC timelines for maximum results. Cost and Immediate Capital from City $25000.00 Upon Completion of Top 5 status $25000,00 We thank you in advance for your consideration. Todd Simon November 17, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Niagaraf1alls Members: Re: MW- 2008 -68 Winter Maintenance Plan Update (November 2008) RECOMMENDATION: That Council receive and file the information contained in this report. BACKGROUND: Working Together to Serve Our Community MW- 2008 -68 Municipal Works staff has conducted an internal review of the Winter Maintenance Plan and has identified a need to revise the Sidewalk Plow Routes to better reflect the intent of the service needs of the community. The current routing is based on historical needs of the community that target schools, senior homes, and the hospital. The policy reads as follows; Not all of the sidewalks in the City of Niagara Falls receive snow control services. The sidewalks that are kept p /owed in the winter are serviced in a manner similar to street plowing according to a priority system. Sidewalks are plowed after an accumulation of5cm. School routes are plowed between Midnight and 8:OOam Sunday through Thursday Property owners who dump snow and /or ice onto municipal sidewalks are liable to a fine of up to $5,000. Over the years the routes have been extended at the discretion of Council however the manpower and equipment resources available have not been expanded proportionally. As a result the response times have been reduced. In 2008, new sidewalks and school areas that meet the sidewalk plow route criteria have been added and given the current funding constraints staff is recommending that the new routes be added and old routes be deleted. 1023 NiagaralFalls 0N; Canada..L2E 6X5.905- 356 -7521 www.niagarafalls.ca Community Services Department Municipal Works November 17, 2008 New Routes 2- Windemere Road (east side) Camrose Street to Isaac Street Forestview Road (north side) Kalar Road to Parkside Drive Kalar Road (west side) McLeod Road to Forestview Road Kalar Road (east side) McLeod Road to Lundy's Lane Proposed Street Removal from Existing Routes Prince Edward Avenue both sides Frederica Street to Lundy's Lane Keith Street both sides Sinnicks Avenue to Portage Road Kitchener Street north side Stanley Avenue to Victoria Avenue Huron Street south side Victoria Avenue to Ontario Avenue Simcoe Street north side Victoria Avenue to Ontario Avenue Ontario Avenue east side Queen Street to Simcoe Street Hiram Street north side River Road to Ontario Avenue Clark Avenue east side Ferry Street to Robinson Street Franklin Avenue east side Lundy's Lane to Ash Street MW- 2008 -68 The proposed changes will result in some efficiencies however we anticipate complaints from those residents who will no longer be receiving this service. As a courtesy we will be sending a notice of this service level change to any affected residents. Attached for your reference are copies of the revised sidewalk routes and copies of the notices to homeowners and private lot contractors reminding them of the City's policy regarding dumping of snow on municipal sidewalks. Recommended by: Approved by: Geoff Holm n, n, s ctor of Municipal Works Ed Dujlovic, Executive Director of Community Services S:IREPORTS12008 Reports\MW- 2008 -68 Winter Maintenance Update 2008.wpd ALL SNOW PLOUGH OPERATORS PARKING LOT OWNERS /OPERATIONS BUSINESS OWNERS RESIDENTS ATTENTION GENERAL NOTICE Please be advised that snow must not be pushed from driveways or parking lots onto or across City streets. Sidewalk clearing violations can be reported to the Manager of By -law Services at 905 -356- 7521, extension 4262 and enforcement of the City's by -law #2002 -064 will be carried out. For the safety and convenience of all pedestrians, we urge you to do your part in keeping the sidewalks clear. As a resident of Niagara Falls, you can help us in many ways: Report any slippery or dangerous road conditions to us as soon as possible at (905) 356 -1355. We appreciate your assistance in identifying potential problems. Pile all snow from your driveway and walkways on your property not on the road. Refrain from parking on streets or in City parking lots over night during a winter storm event. By -law #89 -2000 will be strongly enforced starting November 15 through the winter season. Please be patient. You can be sure that during a storm event we are exerting our maximum effort to return road conditions to normal. Under severe conditions, it takes some time to complete all City streets. If your street gets missed when all others have been plowed, please call us at (905) 356 -1355 to have it done. On your garbage day, place your garbage and recycling containers close to the edge of the road, but not so close as to interfere with snow removal. FOR 24 -HOUR SNOW REMOVAL INFORMATION, PLEASE CALL THE MUNICIPAL WORKS DIVISION WINTER CONTROL SNOW LINE (905) 356 -1355, extension 5800 ALL SNOW PLOUGH OPERATORS PARKING LOT OWNERS /OPERATORS BUSINESS OWNERS RESIDENT NiagaraaaaaaaaaJalls ATTENTION The recent snow clearing work conducted at your parking area and in and around your property has resulted in snow being placed on municipal property. This has created an unsafe condition for anyone attempting to use the sidewalk and /or the road and is a direct violation of By -law No. 2002 -064. The by -law states, in part "No person shall obstruct or foul a highway or bridge under the jurisdiction of the City by any means whatsoever. this includes depositing ice or snow on a roadway or sidewalk. Upon conviction a person could be subject to a maximum fine of $5000.00. We would request that the material be removed within the next 24 hours. Failure to comply will result in legal action. Your attention to this matter is anticipated and appreciated. John Morocco Operations Superintendent ,,Niagara Falls, ON, Canada L2E6X5 905- 356-7521 www.niagarafalls.ca Working Together to Serve Our Community VIOLATION NOTICE Community Services Depanment Building Bylaw Services Ext 4262 Fax 905 -356 -1963 bjudge© niagarafalls.ca November 17, 2008 MW- 2008 -69 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -69 Union Marsh Drain Consultant Appointment RECOMMENDATION: BACKGROUND: Niagaraj'ails 1. That the City of Niagara Falls enter into a Consulting Services Agreement with L. Campbell and Associates for Consulting Services at the upset limit of $22,400 (excluding GST). 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. The design and future construction of the Union Marsh Drain is being completed pursuant to the Drainage Act and at its meeting on July 9, 2007, Council adopted the Engineer's report for the project. Subsequent to the filing of this report additional comments regarding wetland protection and erosion control measures were raised by the Federal Department of Fisheries and Oceans (DFO) regarding potential effects on fish habitat. They are requesting the addition of a habitat compensation plan to ensure "no net loss in the productive capacity of a fish habitat." See attached correspondence dated Oct. 2 2008. This last minute request has been frustrating for staff and the area residents who have been asking for this work to be done for a number of years. Regardless, the City has very little recourse in this situation and has solicited the services of a qualified environmental consulting firm to assist in this review. At staff's request L. Campbell and Associates has submitted a proposal to assist the City in acquiring the permits /approvals necessary to carry out the improvement works on the Union Marsh Drain. The additional studies should be completed over the winter /spring so that we can be in a position to commence construction in July 2009. The upset limit fee for this work is $22,400 plus GST. The City's Consultant Selection Policy permits direct appointments for services up to a limit of $60,000. iag 023 Box °7 ,Niaga ra Falls ON; Canada LE 6X5 .905 -356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works November 17, 2008 The financing for the engineering and construction phases of this project was included in the 2008 Capital Budget (Drain Maintenance Program (12 -3- 310002 030000). FINANCING The project cost estimate included in the Engineer's Report was $239,900 which included construction, engineering, allowances and administration. The additional fees and updated costs (2009 estimate) will push the budget to approximately $265,000. Given the priorities and funding issues currently under review by City staff it may be necessary to defer the construction portion of this or other drainage projects to other years. These matters can be addressed during the upcoming Capital Budget deliberations however it should be noted that it would still be prudent to proceed with the proposed engagement of L.Campbeil and Associates Ltd. to complete the engineering phase of the project. Recommended by: Approved by: Attach: 2 MW- 2008 -69 Geoff Hol an, Dir of Municipal Works Ed Dujlovic, E> cutive Director of Community Services R. Volpini C: \Documents and Settings1mt222 \Local Settings \TempVCPgrpwise\MW 2008 -69 Union Marsh Drain.wpd October 31, 2008 Mr. Rick Volpini City of Niagara Falls P.O. Box 1023 4310 Ontario Street Niagara Falls, ON L2E 6X5 Dear Mr. Volpini, L Campbell Associates Re: Union Marsh Drain Maintenance Requirements and Fish Habitat City of Niagara Falls L Campbell Associates is pleased to provide a Project Work Program and associated fees to assist the City of Niagara Falls in the acquisition of the permits and authorizations required to complete the maintenance works in the Union Marsh Drain We have reviewed the Union Marsh Drain 2006 Engineering Report completed by K. Smart Associates Limited and the subsequent correspondence from the NPCA and DFO. We understand that DFO considers the entire length of proposed maintenance works to be considered a HADD to fish habitat, specifically potential impacts on the Grass Pickeral, a species of special concern listed under the Species at Risk Act. In order to improve communication with the review agencies and expedite processing of the required permits for the maintenance works, we propose the following actions: 1) Contact DFO (Shelley Dunn) to establish priority areas for consideration, such that the required compensation measures can be minimized to only the affected areas 2) Request data and information from NPCA and OMNR which will include: wetland mapping along the Drain, the documented locations of grass pickerel habitat, all historical fisheries data pertaining to this system and the location of identified species at risk 3) Develop a work program and timeline for approvals We have contacted DFO regarding this project but have not heard back as of yet. We will continue to contact DFO in order to review and prioritize the areas of concern on this system. The letter to NPCA has been drafted and will be sent off upon your review and approval. A Project Work Program has been developed to work through the above noted details. It is anticipated that the project will proceed in phases Phase 1 will consist of the gathering the required data, corresponding with the review agencies, completing the permits for works 104 -155 Main Street East, Suite #234, Grimsby, Ontario, Canada L3M 2R2 Tel 905- 945 -4700, Icampbell @lcaenvironmental. ca 1 L Campbell Associates required and providing a justification summary report which will address the priority areas and recommendations for compensation for potential impacts. Assuming that the permits and authorizations are granted based on the Phase 1 work completed, Phase 2 will involve monitoring of the construction works and implementation of the agreed upon compensation measures. Monitoring of the fish habitat is required during the maintenance works and following the completion of the channel works. Typically, DFO requires that alterations resulting in a HADD to fish habitat is monitored for a period of two years. The Project Work Program tasks, associated fees and approximate timelines are presented in Table 1 (below): Table 1: Union Marsh Drain Project Work Plan 1) Initiate communication and review with DFO to establish priority areas (may include site visits with DFO staff, 2 field days accounted for) 2) Consolidate and review all existing data regarding fisheries and SAR; evaluate areas of concerns relative to the required maintenance works; identify suitable compensation measures 3) Complete the NPCA permit application and DFO Authorization documents with supporting summary report based on historical data 4) Meetings and correspondence 3 meetings assumed agencies, municipality engineering consultant) Phase 1 Subtotal 1) Monitoring of the drain maintenance works in the sensitive areas (assumed 60 hours on site) 2) Field monitoring of channel and fisheries compensation works 3) Completion and submission of DFO annual reports Nov. 30, 2008 Nov. 30, 2008 Dec. 15, 2008 Nov. Dec. 2008 Spring Summer 2009 Summer/ Fall 2009 Spring/Summer/Fall 2010 Spring/Summer/Fall 2011 Dec. 2009 Dec. 2010 Dec. 2011 $2250.00 $2275.00 $2875.00 $750.00 $8150.00 $4500.00 $1500.00 $2250.00 $2250.00 $1250.00 $1250.00 $1250.00 $14250.00 meow Phase 2 Subtotal 104 -155 Main Street East, Suite #234, Grimsby, Ontario, Canada L3M 2R2 Tel 905- 945 -4700, ]campbell @Icaenvironmental. ca 2 The project tasks and associated timelines and fees detailed above are based on the assumption that DFO and NPCA will accept the historical data and will not require additional fisheries or species at risk assessments on the Union Marsh Drain. Should the agencies require additional field data collection, the time required to collect the data would be in addition to the quoted figures above. Any additional study requirements or information imposed by the agencies to address their concerns will also be in addition to the quoted figures. Any works that fall outside of the tasks and fees outlined on the Project Work Plan will only proceed under authorization from the City of Niagara Falls. Note that the above quoted fees do not include G.S.T. If the permits and authorizations are received in early 2009, the channel works can begin in January/February and will be permitted until February 28, 2009. Due to the timing restricted for in- water works, the balance of the maintenance work can be completed in summer of 2009. We look forward to assisting you with this project. Please return a signed copy of this Project Work Program to confirm acceptance of the scope and fees. Should you have any questions, please contact our office at your earliest convenience. Sincerely, Lisa Campbell, M.Sc., C.C.E.P. Rick Volpini City of Niagara Falls Director L Campbell Associates 104 -155 Main Street East, Suite #234, Grimsby, Ontario, Canada L3M 2R2 Tel 905- 945 -4700, lcampbell @lcaenvironmental.ca 3 Fisheries and Oceans Peches et Oceans Canada Canada Ontario Great Lakes Area Southern District Burlington 3027 Harvester Road, Suite 304 Burlington, ON L7R 4K3 October 2, 2008 Rick Volpini, Drainage Superintendent City of Niagara Falls, P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Volpini: Canada' MunIclpal Works Scanned Flle•$ 1 Our file Notre reference BU -03 -3070 Subject: Proposal will result in impacts to fish and fish habitat. DFO. authorization is required. Thank you for submitting your revised drainage report proposal entitled Addendum No. 1, Union Marsh Drain 2006,. City of Niagara Falls, dated August 23, 2007. Fisheries and Oceans Canada Fish Habitat Management Program (DFO) received this report on August 26, 2008. We have reviewed this and the original draft report, along with email comments and plans provided by your drainage engineer, John Kuntze (K.Smart Associates) on June 19, 2008. We have also taken into consideration comments from discussions at our July 10 2008 and August 26 2008 meetings. Based on this information it is our understanding that: dredging is proposed along 11,037 metres -11 km) of Union Marsh Drain/Ussher's Creek in order to improve roadside drainage in the City of Niagara Falls, Ontario; Union Marsh Drain was originally dug as a municipal drain in the 1940s and little drain maintenance has occurred since that time; there may be opportunities to focus on priority areas for improving road drainage while eliminating work in other areas to reduce fish habitat impacts. As indicated, based on our review of information provided, DFO has concluded that your proposal will result in the harmful alteration, disruption or destruction (HADD) of more than 11 kilometres of sensitive fish habitat, including potentially persistent effects on species of special concern listed under the Species at Risk Act. 1 DFO File No. BU -03 -3070 Wetland Pockets and /or Spawning Channels: maintaining abundant, dense submerged, emergent, and floating aquatic vegetation is important to the survival of grass pickerel. Constructing connected wetland pockets or spawning channels in the floodplain is a potential means of compensating for losses of wetland vegetation within the channel. Details should be provided on plans in areas where wetland creation or enhancement does not conflict with approved land use. Flooded: wetland vegetation and connected floodplain marshes must remain flooded for sufficient time to allow grass pickerel to carry out their life processes; especially during spawning periods to ensure fish can access these areas to lay eggs, for eggs to incubate and hatch, and young fish to safely return to the main channel (approximately 2 -5 weeks; late winter to early springtime; typically March through May in southern Ontario and possibly again in autumn). In addition, based on information in the Assessment and Status Report for Grass Pickerel in Canada (COSEWIC 2005), your revised plans including compensation should also demonstrate how the quality and quantity of the following additional important elements of grass pickerel habitat will be maintained or replicated: woody overhanging structure including trees /shrubs along pools. Replanting should occur along disturbed areas to replace lost riparian habitat. clear water Grass pickerel are sight feeders and require clear water to feed successfully. Reduced water clarity can also inhibit aquatic plant growth, an important habitat feature as noted above. Measures must be put in place to control sedimentation before, during, and after maintenance works, including establishing or enhancing vegetative buffers along the channels. Additonal information about this species is available on the Species at Risk Act public registry at http:// www. sararegistry .gc.ca/species /speciesDetails e.cfm ?sid =850. Please clarify the design and function of the berm proposed at the outlet of Usshers Creek into the Niagara River that is noted on drawing 4 at an elevation of 171.40. Fish passage may be impaired by a berm in this location. Will this berm be included in this municipal drainage report? It is our understanding that there may be opportunities to redesign elements of the project to focus on priority areas to achieve roadside drainage, while eliminating work in other areas of fish habitat in Union Marsh Drain/Ussher's Creek. Maintaining existing habitat and avoiding or mitigating impacts wherever technically and economically feasible is DFO's preferred option. To this end, DFO supports City Council's resolution from July 9, 2007 which states that "works associated with the West Branch of the drain [should] be eliminated". Because factors and processes involved in recreating habitat are highly complex, the use of compensation to achieve policy objectives should only be considered after it proves impossible or impractical to avoid the HADD of fish habitat through project redesign, mitigation, and relocation options. November 17, 2008 MW- 2008 -70 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -70 Consultant Appointment Dixon Street Cul -de -Sac RECOMMENDATION: NiagaraJalls cnNeun 1) That the City of Niagara Falls, in accordance with the City's Consultant Selection Policy, enter into a Consulting Services Agreement with Kerry T. Howe Engineering Limited for the survey and design of the proposed road closure and cul -de -sac implementation on Dixon Street and Cleveland Avenue and 90 degree bend implementation at the intersection of Dixon Street and Level Avenue, 2) that the upset limit of project is $28,850.00, excluding GST and, 3) that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The background of this project is well summarized in Report MW- 2008 -62. It provides the history and details for the proposed plans to permanently close Dixon Street, and how the plan was derived in consultation with local landowners. Staff now wishes to proceed to retain an Engineering Consultant to undertake the survey, analysis and design of the project over the fall and winter of 2008/09 to allow construction to proceed in 2009. The scope of work includes design of the necessary road closures as well as assessing servicing and drainage issues. Staff requested an Engineering fee proposal from Kerry T. Howe Engineering Limited following a meeting to discuss the issues and scope of work. A copy of the proposal is attached for reference. As per the City's Consultant Selection Policy, direct appointment for consultants up to $60,000.00, Kerry T. Howe Engineering Limited has been selected to complete this work. This consultant has previously performed similar type of work for the City of Niagara Falls, and is well familiar with City policies, procedures and standards for design. We, therefore, are of the opinion that this consultant is capable of successfully undertaking this project. P0. Box 1023M g ra ON Canada L2E 6XS 905- 356 -7521 www.niagarafalls.ca egg 1 Working Together to Serve Our Community Community Services Department Municipal Works November 17, 2008 2 MW- 2008 -70 The funding source for this project is identified in the 2008 Capital Budget. Funding: Dixon Street Cul -de -Sac G/L #12- 3- 310037- 030000 Recommended by: Approved by: Geoff Holman Direc of Municipal Works 28,850.00 Ed Dujlovic, Executive Director of Community Services K. Schachowskoj S:IREPORTS52008 Reports\MW- 2008 -70 Dixon St cul de sac Consultant Appointment.wpd November 17, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagarafalls C' 1 N d 0 A R-2008-35 Re: R- 2008 -35- Contract for the Supply Installation of a Splash Pad Area at Patrick Cummings Memorial Sports Complex That the proposal from ABC Recreation Ltd., for the supply and installation of a splash pad play area within Patrick Cummings Memorial Sports Complex in the amount of $132,807.72 (excluding GST) be approved. BACKGROUND: Council endorsed the 2007 Strategic Plan for the Provision of Parks, Recreation, Arts Culture which identified that six (6) splash pad areas are recommended for the community of Niagara Falls. An information open house for the park development plans was held on June 26, 2008, (notice attached). To provide a much more enhanced park for the community and in consultation with the community, features such as a playground and splash pad were presented and recommended for Patrick Cummings Memorial Sports Complex. The splash pad amenity will compliment the newly installed playspace. To facilitate the development of a new splash pad area at Patrick Cummings Memorial Sports Complex, a Request for Proposal (RFP) was issued (P53 -2008) through the Supply Services Section on September 9, 2008. The RFP invited qualified companies to submit proposals for the supply and installation of a new splash pad area by the September 24, 2008, closing date. Proponents were required to remit proposals up to a maximum value of stipulated budget in the RFP of $133,000.00 (excluding GST.) s 7150!MontroseiRoad UnitA,- Niagara Falls ON, Canada L2H 3N3 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community I Community Services Department Parks, Recreation Culture November 17, 2008 2 R- 2008 -35 Three (3) proposals were received from ABC Recreation Ltd., Recreation Play Systems (RTS Plastics Inc.) and Stevensville Lawn Service Inc. Through the evaluation process, factors such as play value, accessibility, quality, warranty, appearance, maintenance and construction experience were considered while ensuring proposed costs were appropriate. All proposals submitted had a cost at or within 0.5% of the stipulated budget for the RFP. Upon completion of the evaluation, the preferred proposal was from ABC Recreation Ltd. which was also the low bid. The overall park development project was approved in the 2008 Capital Budget. The estimated budget for the splash pad element of the project was $133,000 plus GST. With approval of the award, work is expected to commence in December 2008 with the completion of the splash pad area in June 2009. Recommended by: Approved by: Attachment V:12008COUNCIL \081117 \R 2008 -35 Patrick Cummings Splash Pad.wpd DQMs Den se Morrissey, Director of Parks, Recreation Culture Ed Dujlovic, ecutive Director of Community Services Niagara,Falls Dear Resident, June 20, 2008 NOTICE INFORMATION OPEN HOUSE PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX The City of Niagara Falls is pleased to advise you of the design concepts and planned improvements for the Patrick Cummings Memorial Sports Complex. An Information Open House has been scheduled to invite residents and the community to see the proposed plans for the park, ask questions and provide comments. Thursday, June 26, 2008 6:00 p.m. to 9:00 p.m. Chippawa Lions Hall, 3970 Welland Avenue To provide a much enhanced park in this area of our community, the general park plans, some of which will be completed in 2008 and 2009 (with the recent approval of the 2008 capital budget) include the following: Splash Pad Water Play area Children's play equipment with age appropriate play stations Multi -use youth activity area Family picnic area Dedicated washrooms Pathway linkages Parking improvements Soccer pitch/multi- purpose sports field Park benches and focal landscape features If you are unable to attend the Information Open House, the plans and comment forms will also be available at www.nigarafalls.ca as of July 9, 2008. If you have any questions regarding this park improvement project please contact David Antonsen, Landscape Architect with Parks, Recreation Culture at 905- 356 -7521 ext. 3335 weekdays between 8:30 a.m. to 4:30 p.m. or by email dntonsen@niagarafalls.ca We look forward to meeting with you and discussing the Patrick Cummings Park enhancements in more detail at the Information Open House. S:Parks DesignWatriek Cummings Meni Sports Complex Dev'Master Plan \CunnningsOpenllouse08.wpd November 17, 2008 PD- 2008 -88 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -88 Implementation Plan for the Redevelopment of Sylvia Place Market RECOMMENDATION: That Committee support the proposed implementation plan for the redevelopment of Sylvia Place Market. BACKGROUND: In May of this year, Council approved, in principle, the recommendations of the Sylvia Place Market Feasibility Study prepared by Urban Marketing Collaborative, IBI Group and Bob Usher. Staff was directed to prepare an implementation plan including a development phasing program and the inclusion of a transit transfer station within the new Market. The purpose of this report is to propose an implementation plan which includes a proposed budget and time frame for construction. There were a number of initiatives recommended in the Historic Drummondville Community Improvement Plan. In addition to the redevelopment of the Sylvia Place Market, the Plan recommended the development of the Lundy's Lane Battlefield as a true tourist destination, carry out streetscape improvements and provide financial incentive programs such as grants for facade and commercial building improvements. Streetscaping improvements have been referred to the 2009 Capital Budget discussions and the financial incentive programs have been implemented. There has been considerable success with the financial incentives programs resulting in more than $2.5 million worth of construction work undertaken within the CIP area. The Lundy's Lane Museum is also undergoing a proposed expansion. Collectively, the planned improvements will provide a positive transformation of the Historic Drummondville area and efforts are being made to encourage many of the improvements to be carried out prior to the Bicentennial Celebrations of the War of 1812 in 2012. N iaga r a,Fa lI C A N A D A Working Together to Serve Our Community Community Services Department Planning Development Qu ee Street POrtBoxx`1023 Niagara Falls ON, Canada L2E 6X5 905 =356 -7521 www.niagaiafalls.ca November 17, 2008 2 PD- 2008 -88 Implementation Program Attached as Appendix 1 is a chart which highlights the action steps and proposed costs, as well as, a construction time schedule for the new market. 1. Market Expansion The market expansion is proposed in a two step phased approach with the existing building retained until a new one can be built. One of the principal recommendations of the Feasibility Study was to provide frontage and visibility on Main Street for the new market. It is proposed that staff investigate the opportunity to acquire property on Main Street. The estimated cost of the project is $3.41 million as outlined in Appendix 1. An architect will be needed to prepare the drawings for the new market which is proposed to be 8,000 square feet in size and be constructed largely of glass with roll up doors. The design will include public washrooms, an area for vendors requiring power for produce requiring refrigeration, a market manager office and a transit transfer office. The old market will be demolished once the new market is completed and the parking lot will be repaved and the area enhanced with landscaping and new signage. Market Manager The Sylvia Place Market currently operates under very limited management through the City's commissionaires. It was proposed in the Feasibility Study that a Market Manager be hired to operate the market. This job would include handling the overall management of the market, propose and manage the annual budget, develop and implement a marketing plan and special events, set leasing policies and vendor leases. The Market Manager would liaison with the vendors and a new Market Advisory Committee. This would initially be a part time position with additional hours during the prime growing season. It will be necessary to hire a Market Manager 1 year before opening the new market in order for tenants and vendors to be secured. Staff will explore the BIA hiring a person to act as the Market Manager with possible contribution from the City. CONCLUSION: The redevelopment of the Sylvia Place Market is seen as the most important project in the rejuvenation of Historic Drummondville area. Committee's support of the Implementation Plan would be appreciated. November 17, 2008 3 Recommended by: i!.t.I knkQ Approved by: B. Bolibruck Attachment Alex Herlovitch, Doctor of Planning Development Ed Dujlovic, Executive Director of Community Services S:\PDR\2008\PD- 2008 -88, Implementation Plan for the Sylvia Place Market Redevelopment.wpd PD- 2008 -88 ACTION STEPS PROPOSED COST TIMING 1. Acquisition of Property $420,000 Year 1 2. Demolition of Property $100,000 Year 1 3. Architect to Prepare Design Construction Drawings for New Market $100,000 Year 2 4. Construction of New Market $2,000,000 Year 3 5. Demolition of Old Market $30,000 Year 3 6. Repaving of Parking Lot $350,000 Year 4 7. Landscaping Signage for New Market $100,000 Year 4 8. Contingency Fee $310,000 TOTAL PROJECTED COST OF NEW MARKET $3,410,000 November 17, 2008 -4 APPENDIX 1 IMPLEMENTATION PLAN FOR THE REDEVELOPMENT OF SYLVIA PLACE MARKET PD- 2008 -88 November 17, 2008 PD-2008-103 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: NiagaraJ'a1Is C A N A D A Re: PD- 2008 -103 CB &FIG- 2008 -019, Facade Commercial Building Improvement Grant 4625 Ontario Avenue Broderick and Partners 1. That Council approve the application for a Facade Improvement and Commercial Building Grant for a total of $18,500 subject to meeting the program requirements including entering an agreement with the City. 2. That if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement. The City has received a Facade and Commercial Building Improvement Grant Application for 4625 Ontario Avenue. The building is occupied by a law office and expansion plans include the utilization of the former Roberts Jewelers which has relocated. The owners wish to carry out improvements to the exterior facade which will include new windows, signage and exterior finish to the building. The cost of the outside facade improvements is approximately $17,000. The proposal includes extensive improvements to the interior of the office building including an accessible washroom, new offices, electrical wiring and heating and air conditioning. The cost of interior work is in excess of $35,000. Based upon the work, the applicant is eligible to receive a grant of approximately $18,500 which consists of $8,500 for facade and $10,000 for building improvements. A plan showing the location of the property is highlighted in Appendix I. A sketch of proposed building front is shown in Appendix 2. As part of the grant approval process, the applicant will be required to enter into an agreement with the City. The agreement specifies the details and conditions of the grant. Box 1023, Niagara Falls ON Canada' L2E 6X5 .905 356 www.niagarafalls.ca Qu een a Working Together to Serve Our Community Community Services Departme Planning Development November 17, 2008 2 CONCLUSION: The improvements to the office building will add to the improvements being carried out in the Downtown area and staff supports the approval of the grant application. Recommended by: Approved by: BBolibruck Attachments 114i ilu Alex Herlovitch, Dir for of Planning Development Ed Dujlovic, Executive Director of Community Services S: \PDR\2008 \PD -2008 -103, CB &FIG -19 -2008 Facade Commercial Building Grant 4625 Ontario Avenue.wpd PD- 2008 -103 Z B• u) Appendix 1 i CATARACT AVE ZI ERMAN AVE I ONTARIO AVE ST CLAIR AVE w ERIE AVE z z CRYSLER AVE, z 5 r LLI 1 1 5 November 17, 2008 TS- 2008 -50 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -50 Royal Manor Drive Speed Review RECOMMENDATION: Niagaraj7alls LA' tDA That Royal Manor Drive be included on the 2009 list for review as a potential candidate for speed control devices as per the Speed Control Policy developed for the City of Niagara Falls. BACKGROUND: Transportation Services staff carried out speed studies as a follow -up to the Committee's directive on the approval of report TS- 2008 -16 (Royal Manor Drive at Windsor Crescent (East Intersection) Intersection Control Review) on February 25, 2008. The studies were carried out to determine the effectiveness of police enforcement on Royal Manor Drive, as a speeding problem was identified. Royal Manor Drive is a local residential roadway that extends between Dorchester Road and Lundy's Lane. In the study area, Royal Manor Drive is approximately 8 metres in width, consisting of a grass boulevard and a sidewalk on the south side only. Numerous horizontal curves are present throughout the length of Royal Manor Drive. Light standards are present on the south side providing illumination for motorists during nighttime conditions. Heavy vehicles are prohibited on Royal Manor Drive. The most recent speed studies were conducted in August of this year to determine the speed of motorists on the study roadway. Manual speed studies reveal that on Royal Manor Drive between Windsor Crescent (east intersection) and Dorchester Road the 85 percentile speed, the speed at which the majority of motorists travel at or below was 56 km /h in the westbound direction and 58 km /h in the eastbound direction during the morning peak period. The afternoon peak period results reveal speeds of 61 km /h in the westbound direction and 60 km /h in the eastbound direction. Automated data recorders were also installed on the roadway for the duration of one week. The results from this study reveal that the 85 percentile speed is 65 km /hr. There has been no change in the operating 43110•Quee0it5treet ,PO Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services November 17, 2008 TS- 2008 -50 2 speed from the speed studies carried out in January of this year. Given the 50 -km /hr speed limit of Royal Manor Drive, a speeding problem still exists despite police enforcement. The Niagara Regional Police have issued 15 Provincial Offence Notices (tickets) during 13 different days. None of the tickets were issued related to speeding. This may be a result that some offenders were initially stopped for a speeding offence but subsequently charged with a different offence. A three -year collision review reveals that a collision problem does not exist on Royal Manor Drive between the east intersection of Windsor Crescent and Dorchester Road as only one collision was reported on this section of the roadway, involving approaching vehicles during adverse weather. It is the onus of the motorist to adjust their speed during inclement road conditions. Staff has requested additional speed enforcement by the Niagara Regional Police to curtail the high operating speed observed. Furthermore, as the operating speed has remained at or above 60 km /h, this road segment is a candidate for speed control measures. Therefore, it is recommended that Royal Manor Drive be included for review in 2009 as a potential candidate for speed control devices as per the Speed Control Policy. The initial process would include soliciting the input of residents by way of a questionnaire to assess residential preference. Given that a speeding problem has been identified, if at least 51 of the residents are in favour of the implementation of speed control measures, Speed Control Devices will be warranted. Recommended by: Approved by: Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services Bart Skiba S:\General Administration \GA 1.01 Reports■2008 Council \11 Nov 17 \TS- 2008 -50 Royal Manor Drive Speed Review.wpd 00 0 co E. 2 P42 Og November 17, 2008 TS- 2008 -60 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: }lag araj1alls Re: TS- 2008 -60 Snow Removal Bus Stops and School Crossing Locations RECOMMENDATIONS: Refer to Budget. Council, during budget discussions last year, indicated its desire to have key bus shelter locations and school crossing locations cleared of snow following a snow event. Currently, the bus stop locations are cleared on a complaint basis with the reaction time depending on the availability of sidewalk crews. Therefore, Staff have determined a number of key locations in the City, in which snow removal could take place. Staff first looked at existing staffing to determine if it could be done with internal Staff. Our current resources do not permit the dedication of Staff to this operation. Therefore, contracting out options were explored. Quotations were received for the removal of snow at school crossing locations and bus stop locations. Bidders had an opportunity to bid on one, two or all three areas for either school crossings and /or bus stops. The areas were divided as follows: Area 1 6 School Crossing Locations 46 Transit Stop Locations Area 2 6 School Crossing Locations 48 Transit Stop Locations Area 3 6 School Crossing Locations 48 Transit Stop Locations Niagara Falls* 6X5 905 =;356 -7521 www.niagarafalls,ca Queen MOO Working Together to Serve Our Community Community Services Department Transportation Services November 17, 2008 2 TS- 2008 -60 Bids were received from the following Contractors (costs exclude tax): Contractor Area 1 Area 2 Area 3 School Crossing Bus Stop Clearing School Crossing Bus Stop Clearing School Crossing Bus Stop Clearing Montgomery Construction 415.00 2,476.00 420:00 2,736.00 425.00 2,622.00 Property Maintenance No bid No bid 330.00 1.320.00 No bid No bid Greenfield Group 161.40 657.80 161.40 686.40 161.40 686.40 The low bid for snow clearing for all areas was received from the Greenfield Group resulting in a total bid amount of $484.20 for school crossing clearings, and $2,030.60 for transit stops for each call -out. Assuming that the contractor will be required to provide this service on 25 occasions throughout the winter, costs of $12,105.00 and $50,765.00 may be incurred for school crossings and bus stop locations respectively, for a total anticipated winter cost of $62,870.00. The weather conditions will dictate the number of times the contractor will be required to perform this service. Based on the challenging budget year ahead of us, Staff is seeking Council's direction regarding the implementation of this increased level of service activity. Recommended by: Approved by: arl Dren, K Director f Transportation Services Ed Dujlovic, Executive Director of Community Services Bart Skiba S: \General Administration\GA 1.01 Reports12008 Community Services\11 Nov 17\TS- 2008 -60 Snow removal -Bus Stops School Crossings.wpd CITY OF NIAGARA FALLS By -law No. 2008 A by -law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part Murray Street Plan 653 Village of Niagara Falls lying between Orchard Avenue and Stanley Avenue, except Part 1 SN104736 being Parts 1, 2, 4, 6 and 7 on Reference Plan 59R- 13814; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this seventeenth day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 17, 2008. November 17, 2008. November 17, 2008. By -law No. 2008- A by -law to declare part of Murray Street Plan 653 Village of Niagara Falls lying between Orchard Avenue and Stanley Avenue, except Part 1 SN 104736 being Parts 1 and 7 on Reference Plan 59R- 13814; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. WHEREAS subsection 268(3)(a) of the Municipal Act, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Part Murray Street Plan 653 Village of Niagara Falls lying between Orchard Avenue and Stanley Avenue, except Part 1 SN104736 being Parts 1 and 7 on Reference Plan 59R- 13814; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus. Passed this seventeenth day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 17, 2008. November 17, 2008. November 17, 2008. CITY OF NIAGARA FALLS Passed this seventeenth day of November, 2008. First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish part Township Lot 169 Stamford designated as Part 1 on Reference Plan 59R- 13808 as a public highway, to be known as and to form part of McLeod Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That part Township Lot 169 Stamford designated as Part 1 on Reference Plan 59R- 13808, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said part Township Lot 169 Stamford designated as Part 1 on Reference Plan 59R- 13808 that is hereby established as a public highway, be known as and form part of McLeod Road. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR November 17, 2008. November 17, 2008. November 17, 2008. THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2008 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Standing Prohibited, Speed Limit on Highways (Part 2 60 km/h), Stop Signs at Intersections, Through Highways) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified columns of Schedule W2 thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 2 60KM /HR) COLUMN1 COLUMN2 HIGHWAY BETWEEN McLeod Road Town Line Road (between Niagara Falls /Thorold) 60 and Montrose Road COLUMN 3 MAXIMUM SPEED (KM /H) (3) -2- (2) by deleting from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road east 13 m north of Coventry Road to a point 8:OOam to 4:30pm 95 m north of Coventry Road Monday to Friday Kalar Road east Coventry Road to a point 91 m south 8:OOam to 4:30pm of Coventry Road Monday to Friday Kalar Road west 27m south of Coventry Road to a point 8:00am to 4:30pm 95 m north of Coventry Road Monday to Friday Kalar Road west 42m south of Coventry Road to a point 8:OOam to 4:30pm 91 m south of Coventry Road Monday to Friday by deleting from the specified columns of Schedule C thereto the following item: COLUMN 1 COLUMN 2 COLUMN HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS Carlton Ave. West Culp St. and a point 55m North of Culp St. 8:30am. to 4:30pm. (4) by deleting from the specified columns of Schedule N thereto the following items: THROUGH HIGHWAYS COLUMN 1 COLUMN 2 HIGHWAY BETWEEN PARKING PROHIBITED Kalar Rd. South limit of Beaverdams Rd. to north limit of Lundy's Lane Kalar Rd. South limit of Lundy's Lane to north limit of Rideau Street Kalar Road South limit of Rideau Street to north limit of McLeod Road Kalar Rd. South limit of McLeod Rd. to north limit of Brown Rd. McLeod Rd. West limit of Montrose Rd. and the east limit of Kalar Rd. McLeod Rd. West limit of Kalar Rd. and the east limit of Garner Rd. (5) COLUMN 1 INTERSECTION COLUMN 1 HIGHWAY Kalar Road Kalar Road Kalar Road Kalar Road Kalar Road Kalar Road Kalar Road McLeod Road Rideau Street -3- by deleting from the specified columns of Schedule P thereto the following items: Kalar Road at Rideau Street Kalar Road at Rideau Street Kalar Road at Rideau Street Forestview and Kalar Road McLeod Road and Kalar Road McLeod Road and Kalar Road McLeod Road and Kalar Road McLeod Road and Kalar Road Kalar Road at Coventry Street STOP SIGNS AT INTERSECTIONS (6) by adding to the specified columns of Schedule A thereto the following items: COLUMN 2 SIDE West West West West East East East Both Both COLUMN 2 FACING TRAFFIC Westbound on Rideau Street Northbound on Kalar Road Southbound on Kalar Road Eastbound on Forestview Boulevard Northbound on Kalar Road Southbound on Kalar Road Eastbound on McLeod Road Wesbound on McLeod Road Westbound on Coventry Street STOPPING PROHIBITED COLUMN 3 BETWEEN A point 143 metres north of Forestview Boulevard/ Rideau Street and a point 52 metres south of Forestview Boulevard /Rideau Street A point 108 metres north of Coventry Road and a point 27 metres south of Coventry Road A point 42 metres south of Coventry Road and a point 87 metres south of Coventry Road McLeod Road and a point 54 metres south of McLeod Road A point 57 metres north of Forestview Boulevard/ Rideau Street and Forestview Boulevard /Rideau Street A point 130 metres south of Coventry Road and a point 103 metres north of Coventry Road A point 70 metres north of McLeod Road And a point 54 metres south of McLeod Road A point 69 metres west of Kalar Road and a point 56 metres east of Kalar Road Kalar Road and a point 38 metres east of Kalar Road COLUMN 4 TIMES OR DAYS At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times At All Times -4- (7) by adding to the specified columns of Schedule B thereto the following items: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road West A point 15 metres south of Westwood Street At All Times and a point 5 metres north of Westwood Street Kalar Road West A point 222 metres south of Westwood Street At All Times and a point 190 metres south of Westwood Street Kalar Road East A point 26 metres south of McGarry Drive At All Times and a point 51 metres south of McGarry Drive Kalar Road East Coventry Road and a point 48 metres At All Times north of Coventry Road Kalar Road East A point 168 metres north of Coventry Road At All Times and a point 188 metres north of Coventry Road Kalar Road East A point 351 metres north of Coventry Road At All Times and a point 371 metres north of Coventry Road Kalar Road East Rideau Street and a point 49 metres At All Times south of Rideau Street McLeod Road South A point 56 metres east of Kalar Road At All Times and a point 80 metres east of Kalar Road McLeod Road North A point 200 metres east of Kalar Road At All Times and a point 220 metres east of Kalar Road McLeod Road North Parkside Road and a point 40 metres At All Times east of Parkside Road (8) by adding to the specified columns of Schedule N thereto the following items: THROUGH HIGHWAYS COLUMN 1 COLUMN 2 HIGHWAY BETWEEN Kalar Road South limit of Beaverdams Road and the north limit of Brown Road McLeod Road West limit of Montrose Road and the east limit of Garner Road -5- by adding to the specified columns of Schedule C thereto the following items: COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN Carlton Avenue West Culp Street and a point 28 metres 8:30 a.m. to 4:30 p.m. north of Culp Street Carlton Avenue West A point 40 metres north of Culp Street and 8:30 a.m. to 4:30 p.m. a point 55 metres north of Culp Street Carlton Avenue West A point 28 metres north of Culp Street and At All Times a point 40 metres north of Culp Street Except by Disabled Permit Weinbrenner Road North A point 40 metres west of Campbell Avenue and At All Times a point 40 metres east of Campbell Avenue Weinbrenner Road South A point 30 metres west of Campbell Avenue and At All Times a point 32 metres east of Campbell Avenue Kalar Road West A point 52 metres south of Forestview Boulevard/ At All Times Rideau Street and a point 5 metres north of Westwood Street Kalar Road Kalar Road Kalar Road Kalar Road Kalar Road Kalar Road Kalar Road Kalar Road Kalar Road Kalar Road West West Both East East East East East East East PARKING PROHIBITED COLUMN 4 TIMES OR DAYS A point 15 metres south of Westwood Street At All Times and a point 190 metres south of Westwood Street A point 108 metres north of Coventry Road At All Times and a point 222 metres south of Westwood Street A point 54 metres south of McLeod Road At All Times and a point 211 metres south of McLeod Road A point 70 metres north of McLeod Road At All Times and a point 51 metres south of McGarry Drive A point 26 metres south of McGarry Drive At All Times and a point 130 metres south of Coventry Road A point 103 metres north of Coventry Road At All Times and a point 48 metres north of Coventry Road Coventry Road and a point 130 metres south At All Times of Coventry Road A point 188 metres north of Coventry Road At All Times and a point 351 metres north of Coventry Road A point 371 metres north of Coventry Road At All Times and a point 49 metres south of Rideau Street A point 57 metres north of Forestview Boulevard/ At All Times Rideau Street and a point 140 metres north of Forestview Boulevard /Rideau Street McLeod Road McLeod Road McLeod Road McLeod Road McLeod Road -6- PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS South A point 80 metres east of Kalar Road At All Times and a point 250 metres east of Kalar Road South A point 69 metres west of Kalar Road At All Times and Parkside Road North A point 220 metres east of Kalar Road At All Times and a point 250 metres east of Kalar Road North A point 56 metres east of Kalar Road At All Times and a point 200 metres east of Kalar Road North A point 69 metres west of Kalar Road At All Times and a point 40 metres west of Parkside Road (10) by adding to the specified columns of Schedule W2 thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 2 60KM /HR) COLUMN 1 COLUMN 2 HIGHWAY BETWEEN COLUMN 3 MAXIMUM SPEED (KM/H) McLeod Road Thorold Townline Road and Parkside Road 60 (11) by deleting from the specified columns of Schedule B thereto the following item: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Kalar Road East Coventry Road to a point 13m North At any time of Coventry Road This By -law shall come into force when the appropriate signs are installed or removed. Passed this seventeenth day of November, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 17, 2008 November 17, 2008 November 17, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the execution of an Agreement with Pathway Tours respecting the use of the Niagara Falls Memorial Arena for concert productions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: An Agreement made between Pathway Tours as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Memorial Arena for concert productions to be held from November 30, 2008 to and including December 3, 2008, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this seventeenth day of November, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 17, 2008 November 17, 2008 November 17, 2008 11/12/2008 15:18 FAX 905 354 9119 NF ARENA THIS AGREEMENT made this 10th day of November, 2008. BETWEEN: follows: Payment: Pathway Tours Hereinafter called the "Licensee and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Ew at. Sunday, November 30, 2008 Wednesday, December 3, 2008 (inclusive) of the FIRS] PART; of the SECONI PART. WHEREAS the City is the owner of the Niagara Falls Memorial Arena (hereinafter refet ed to as "the Arena that the Licensee wishes to use for and in connection with Concert Pro luctions (hereinafter referred to as "the Event NOW THEREFORE in consideration of the rental fees to be paid by the Licensee to the :ity and the mutual covenants hereinafter contained, the parties hereto mutually covenant and Agree as Tenn of the Ant: 1. The City hereby grants to the Licensee a licence to use the Arena for the p rpose of Concert Productions on the following dates: 2. The Licensee agrees to pay to the City a rental fee of 34,537.43 for 200. (G.S.T. included) which is due upon execution of this agreement. 3. The Licensee agrees to pay all taxes (including G.S.T. and P.S.T.), licence ft 3s, union fees (including the fees of the Society of Composers, Authors and Music Publishers of anada as prescribed by law) and any other fees that are charged as a result of the Event. 11/12/2008 15:17 FAX 905 354 9119 NF ARENA 002 Facilities, Equipment and Personnel: The City agrees to provide the following facilities, equipment and personn L (a) Facilities: Arena Floor Spectator Areas All Changerooms Lobbies Blue Line Room Parking Lot (b) Equipment: Portable Arena Floor Portable Chairs 900 Stage (Pathway Tours to provide Rental Stage is also res wnsible for own setup). (c) Personnel: Arena Maintenance Staff Security/Ushering Staff Parking Lot Staff Box Office Staff Supervisory Staff Cleanino and Heating of the Arena: 5. The Licensee shall use its best efforts to keep and maintain the Arena b a clean condition. 6. The City shall, at its own expense, heat the Arena in a reasonable manna for the comfort of the audience and the Licensee. Structural Changes: 7. The Licensee shall make no structural changes of any kind whatsoever to t .e Arena without the consent of the City and shall leave the Arena in the same condition as receive 1 except for normal wear and tear. 8. The Licensee will be charged for any repairs to the Arena that the City is re tufted to make in order to restore the Arena to the condition it was in prior to the structural change Electrical Installation: 9. If the Licensee is required to use the services of an electrical contractor to make an electrical installation, the Licensee shall notify the City of their need for an electrical er =actor, whereupon the City's electrical contractor shall make the electrical installation at the 1 censee's expense, including the payment of any permits as may be required for the electrical insta lation. 11/12/2008 15:17 FAX 905 354 9119 NF ARENA 0003 Removal of Equipment: 10. The Licensee agrees to remove any and all equipment belonging to the Linen; :e from the Arena at the conclusion of the Event as required by Wednesday, December 3' at midr ght. 11. The Licensee agrees that if such equipment is not moved by the time Indic: ted and the circumstances necessitate the moving of such equipment by the City, then the City sha 1 not be held liable for any claims for damages or otherwise arising from damages during the mov 12. The Licensee agrees that should any articles, equipment or property be le in the Arena before, during, or after the Event, the City shall not be responsible for any damages r losses whatsoever sustained to the equipment. Concessions: 13. The Licensee agrees that the City of Niagara Falls retains exclusive rights tc all Food and Beverage Sales: The City agrees that the Licensee be permitted to sell souvenierslnow ty items and retain all monies. All applicable Municipal Licences must be obtained in orde to sell Souvenirs/Novelty items. Advertisinp the Event. 14. The Licensee shall, at it's own expense, advertise and promote the Event and such advertising in the Arena shall be done with the approval of the City. Advertisinp the Arena: 15.. The Licensee shall not place advertising on (including on the exterior of tl e Arena) or within any part of the Arena, or any areas adjacent to the Arena that is under the coot of of the City and nor shall the Licensee distribute any leaflets in the Arena, unless the License( has first obtained the approval of the City. 16. The Licensee agrees that no displays, banners, posters or any other article shall be placed or erected on or within the Arena, in a manner that, in the opinion of the City, ms impede the full viewing, from any direction, of any advertising panels presently erected, within t le Arena. 17. All signs, posters; decals, banners and stickers or other advertising appl :el to the interior of the Arena shall be the complete responsibility of the Licensee and all labot charges incurred by the City for the removal of such items from walls, furniture, glass or any otb x area of the Arena, not specifically agreed to in writing by the City, will be charged to the Licen3 x. 11/12/2008 15:17 FAX 905 354 9119 -4- 18. The Licensee shall not obstruct any portion oldie entrances, halls, vestibules, tr ways of access to the public utilities of the Arena. Advertising Beyond the Arena: 19. The Licensee agrees to permit the City to review its advertising and any othe similar materials used to promote the Event and its distribution procedure for promoting the Eves beyond the Arena. 20. The Licensee shall only use advertising signs and other similar materials used to promote the Event beyond the Arena that have been approved by the City. 21. The Licensee shall only use a distribution procedure that the City has appr Jved. Failure to Obtain City Approval: 22. Should the Licensee fail to use advertising signs, or any other similar mate ials or a distribution procedure that the City has approved, the City may terminate this agree ment in accordance with the termination provisions of this agreement. Liability: 23. The Licensee agrees that the City shall not be liable for any loss or damage ostained by the Licensee resulting directly or indirectly from the Arena being closed for any reas• n at any time during the term of this licence, nor shall the City be liable for the loss of or injury to an person, property, goods or effects of the Licensee due to any cause whatsoever. Indemnity: 24. NF ARENA rd 004 The Licensee agrees to assume all liability and obligations for any anc all loss, damage or injury (including death) to persons or property that would not have happened b t for this licence or anything done or maintained by the Licensee thereunder or intended so to b and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, a Ld agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs charges, damages, expenses, claims or demands arising by reason of or in any way related to this al reement, Insurance: 25. The Licensee agrees to take out and keep in force a comprehensive policy f general liability and property damage insurance satisfactory to the City protecting and indemn ying the Licensee and the City, its officers, employees, and agents against any claims for damage )t bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the arena premises with all inclusive coverage of not less than $2,000,000.00, suck policy to include the City as an additional insured and to be endorsed to include the contractual ob] gation of 11/12/2008 15:18 FAX 905 354 9119 NF ARENA Z oos the Licensee to the City under this agreement and to contain a "cross liability" and tenet ts legal liability endorsement. 26. The Licensee shall furnish the City with a certified copy of the aforem. ntioned insurance policy or a certificate thereof to the City prior to the commencement of the ;vent in accordance with the notice provisions of this agreement. Termination: 27. In the event that the Licensee shall fail to comply with the terms of this al reement or to fail to pay the rental fee as herein before provided and on the dates specified, th City in addition to any other remedy shall have the right to cancel this agreement by giving the ,icensee written notice to that effect and therefore all obligations of the City under this agreement s tall be at an end. The Licensee shall forfeit all monies paid to the City. Vandalism and other Malicious Acts: 28. If at any time during the term of this agreement, any damage to, or total d partial destruction of, the Arena building, premises and any items therein or thereupon, occurs y reason of any vandalism or other malicious acts caused by the Licensee or their invitees, the Lice: see shall give to the City prompt notice thereof, and to proceed promptly, at its own cost and ex tense, to repair and restore the premises to at least the same approximate condition as prevailed im tediately prior to the occurrence of such damage. Non Assignability:. 29. The licensee shall not be at liberty to assign either in whole or in part the sivileges hereby granted by the City without the previous written approval of the City. Gender: 30. Where the singular or masculine is used in this agreement, they shall be co tstmed as if the plural or the feminine or the neuter has been used where the context or the party 1 parties hereto so require, and the rest of the sentence shall be construed as if the gramm tical and terminological changes thereby rendered necessary had been made and all covenal ts herein contained shall be construed to be several as well as joint. 11/12/2008 15:18 FAX 905 354 9119 NF ARENA Notices: 31. Any notice in writing required or permitted to be given in respect of this a€ Bement shall be sufficiently given if delivered to the party by hand or by ordinary mail, postage pr paid, to the following addresses: The City: The Corporation of the City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, NIAGARA FALLS, Ontario, L2E 6X5. Attention:Stephen Hamilton Manager of Recreation, Facilities and Community Development, Parks Recreation Culture 905 358 -3808, ext. 221. 905-354-9119 Fax shamilton/a niagarafalls.ca Licensee: Pathway Tours 829 Richmond Street London, Ontario N6A 3H7 Attention: Robert Van Kleek 519- 679 -1160 1(800)265 -7900 519- 679 -5359 Fax -6- 00 6 32. Any such notices mailed as aforesaid shall be deemed to have been receis xl by the party to whom it is mailed on the third business day following the day of posting. 33. Day to day communications may also be delivered by fax or other similar neans of electronic communication and confirmed by personal delivery, courier or by mailing th original documents so sent by prepaid mail on the same or following day, in which event it shall b deemed to have been given and received on the day that it was transmitted, provided that if such lay is not abusiness day, such notice or other communication shall be deemed to have been given any received on the following business day. Confidential material and billing shall not be delivered >y fax or other means of electronic communication. Severability: 34. If any covenant, provision or restriction contained in this agreement is fc and to be void or unenforceable in whole or in part, it shall not affect or impair the validity of my other covenant, provision or restriction and, without limitation, each of the covenants, provi ;ions and restrictions contained herein are hereby declared to be separate and distinct covenants, rovisions and restrictions. 11/12/2008 15:18 FAX 905 354 9119 NF ARENA Q1007 Compliance with the Law: 35. The Licensee shall comply with all the laws of the federal, provincial, or n micipal government that may be applicable to the use and occupation ofthe Arena and to the adverti ling and staging of the Event. Occupational Health and Safety Act: 36. The Licensee, its officers, employees, and agents shall take all precautions r :cessary during the term of this agreement to ensure the safety of its workers and the general ublic in accordance with the Occupational Health and Safely Act, R.S.O. 1990 c.O.1, as amende 1. 37, The Licensee acknowledges that they are appointed as the agent of the Ci y for the purposes of ensuring that there•is compliance with the Occupational Health and Safety At R.S.O. 1990, c.O.1, as amended. 38. The Licensee shall indemnify and save harmless the City from all damag' s or loss arising from its failure to comply with the Occupational Health and Safety Act, R.S.O. 19 0, c.0.1, as amended, Workers' Compensation Act: 39. The Licensee shall pay all assessments for their workers, as are required in ac ;ordance with the Workers' Compensation Act, R.S.O. 1990, c. W.11, as amended, that shall protec the City from any and all claims under the aforementioned Act. Governing Law: 40. his agreement shall be construed in accordance with the laws of the Pi wince of Ontario. 11/12/200S 15:19 FAX 905 354 9119 NF ARENA 0t8 Whole Agreement: 41. This agreement and everything contained herein shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Licensee has hereunto affixed its corporate eal duly attested by the hands of its proper officers in that behalf and the City has hereunto al ixed its corporate seal under the hands of its Mayor and Clerk. Name: Robert VanKleek Title: President Name: Title: I have the authority to Bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Title: Mayor Name: Title: Clerk 11/12/2008 15:19 FAX 905 354 9119 NF ARENA SCHEDULE1 SCHEDULE OF FEES Winter Festival of Lights Concert Series Nov 30 -Dec 3, 2008 AMINIRINIEMENERMAMORYWNONWERMOMOWAWNE Facility Rental 2,370.00 3 7,110.00 355.50 7 ,465.50 Facility Rental 2,770.00 1 2,770.00 138.50 1,908.50 Set-up/Clean Up of Floor Chairs 0.50 900 450.00 22.50 472.50 Removal Installation of End Glass 3,000.00 1 3,000.00 150.00 3,150.00 Removal Re-installation of Side Glass 2,800.00 0.5 1,400.00 70.00 1470.00 Installati�n Removal of Floors 3,000.00 1 3,000.00 150.00 3,150.00 Security/Ushers Floor Chairs (at cost) Elecbical Service (to be invoiced later) Stage Hands Follow Spots (estimated at cost to licensee) First Aid Services (estimated Malt 800.00 6 4,800.00 240.00 5,040.00 3.50 900 3,150.00 157.50 3,307.50 4,500.00 1 4,500.00 225.00 4725.00 2,712.79 1 2,712.79 135.64 2,848.43 OWP.TiONESEEMMENAKEVNt NRWOM- Passed this seventeenth day of November, 2008. First Reading: Second Reading: Third Reading: November 17, 2008 November 17, 2008 November 17, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17t" day of November, 2008. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: The actions of the Council at its meeting held on the 17 day of November, 2008 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR