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2001/08/13
PLANNING MEETING August 13, 2001 PRAYER: Alderman Judy Orr DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS Physician Recruitment Mr. John Carter, Chair, Physician Resources Planning, Task Force wishes to address Council on the Physician Recruitment and Retention Coordinator. Niagara Community Foundation Ms. Liz Palmieri and Mr. Eugene Oatley, Niagara Community Foundation wish to provide information on the work of the Foundation, Regional Smoke-free Public Place By-law Mr. Chris McQueen, SuperVisor, Tobacco Programs wishes to provide clarification on the recommendations of the Public Health Department's Report and Regional Smoke-free Public Place and Workplaces By-law. Mr. Lou Innocennte, Bingo Country wishes to address Council regarding the adverse effects of the Smoke-free by-law. -2- Mr. Jim Wells, John Howard Society, wishes to address Council on the Smoke- free by-law. ITEM NO. 25 ITEM NO. 26 ITEM NO. 27 PLANNING MATTERS Public Meeting General Amendment to Zoning By-law No. 79-200 AM-18/2001, All Lands North of Welland River, plus Chippawa; Amendments Initiated by The City Background Material: Recommendation Report: PD-2001-68 - AND - Correspondence from Regional Niagara, Planning and Development Department Public Meeting Zoning By-law Amendment Application AM-19/2001, 5200 Dorchester Road Applicant: Falls Masonry c/o William Slovak Proposal: Boundary Adjustment Background Material: Recommendation Report: PD-2001-64 - AND - Correspondence from Regional Niagara, Planning and Development Department Public Meeting Zoning By-law Amendment Application AM-17/2001, 4248 Huron Street Applicant: Ana Kolesar Proposal: Bed & Breakfast Background Material: Recommendation Report: PD-2001-65 ITEM NO. 28 ITEM NO. 29 ITEM NO. 30 -3- - AND - Correspondence from Regional Niagara, Planning and Development Department Correspondence from M.C. Excavating Public Meeting Zoning By-law Amendment Application AM-16/2001, 1948 Stanley Avenue Applicant: Peninsula Towing c/o Sherry Wilding Proposal: Vehicle Storage Compound Background Material: Recommendation Report: PD-2001-66 - AND - Correspondence from Regional Niagara Planning and Development Department Public Meeting Zoning by-law Amendment Application AM-14/2001, 6395 Garner Road Applicant: Frank & Elizabeth Liefl Agent: Gary Cook & Associates Background Material: Recommendation Report: PD-2001-72 - AND - Correspondence from Regional Niagara Planning and Development Department Public Meeting Official Plan & Zoning By-law Amendment Application; AM-11/2001, 6365 Drummond Rd. Proposed Residential Redevelopment Background Material: Recommendation Report: PD-2001-70 - AND - Correspondence from Regional Niagara, Planning and Development Department Petition from the residents in the area of 6365 Drummond Rd. -4- ITEM NO. 31 Public Meeting Official Plan Amendment Application AM-1/99, Heartland Forest Resort Commercial Development Background Material: (HANDOUT) Recommendation Report: PD-2001-69 - AND - Correspondence from Thomson, Rogers Correspondence from Regional Niagara, Planning And Engineering Department Ministry of Transportation Ministry of the Environment MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2001-71, request for Removal of part Lot Control, 8677/8679 & 8683/8685 Willoughby Drive; Lots 16 & 17, Registered Plan 264 Chief Administrative Officer PD-2001-73, Proposed Aviary; 5651 River Road, Larry Vann. ADOPTION OF MINUTES: REGULAR COUNCIL Planning/Regular Council Meeting of July 16, 2001 and Special Council Meeting of August 7, 2001. MAYOR'S REPORTS, ANNOUNCEMENTS. REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Royal Canadian Naval Association - Re: Annual family picnic- advising that the Royal Canadian Naval Association, Niagara Region would be holding their annual family picnic on Saturday, August 11, 2001 at the Optimist Club. RECOMMENDATION: For the information of Council- Receive and File. -5- e FASWorld Canada - Re: Proclamation - requesting Council proclaim September 9, 2001 as UFetal Alcohol Syndrom Awareness Day" in Niagara Fails. RECOMMENDATION: That the request be approved. McKinley-Molodyna Chiropractic Clinic - Re: Annual Man-A-Mile Relay Race - advising that the Man-a-Mile Relay Race will be held on Monday, October 8, 2001 at 9:00 a.m. and requesting the use of the Municipal Roads starting at McFarland Park on the Niagara River Parkway and proceed south on Victoria Avenue to Valley Way, southwest on Valley Way to Morrison Street and west on Morrison Street to Oakes Park and further requesting that the Mayor or his representative be present for the award presentations at Oakes Park. RECOMMENDATION: That the request be approved. The Royal Canadian Legion, Branch 51 - Re: Proclamation - requesting Council proclaim the week of September 16th to 22"~, 2001 as "Legion Week". RECOMMENDATION: That the request be approved. The Royal Canadian Legion, Branch 51 - Re: Annual Parade - requesting permission to use the venue of Fairview Cemetery to hold their annual parade to the Unknown Soldier on Sunday, September 16, 2001 at 10:30 a.m. RECOMMENDATION: That the request be approved. The Royal Canadian Legion - Re: Flag Raising - requesting on behalf of Branches 51,396 and 479, that permission be granted for a Legion Flag Raising Ceremony to be held at City Hall, on Monday, September 17, 2001 at 9:00 a.m. in honour of Legion week. RECOMMENDATION: That the request be approved. James Weir, Engineer, Morrison Herschfleld - Re: Noise By-law Exemption - requesting a noise by-law exemption for night work construction and Sunday construction at Highway 420 and Drummond Road and Portage Road to be carried out in October, 2001 RECOMMENDATION: That the request be approved. Ontario Teachers' Federation - Re: Proclamation - requesting Council proclaim Friday, October 5, 2001 as "World Teachers' Day" in Niagara Falls. RECOMMENDATION: That the request be approved. Victoria Centre B.I.A. - Re: Unsafe grates at the base of trees - expressing concerns that due to the elements, the grates at the base pf trees in the Victoria Centre have shifted, ripped and/or sunk causing a safety hazard to pedestrians walking across them and requesting that the matter be looked into. RECOMMENDATION: Refer to staff -6- 10. Regional Niagara - Re: Steering Committee Strategy Sessions - requesting that one member of Council be designated to participate in the two half-day "Steering Committee Strategy Sessions" on September 4th and September 5th, 2001 to develop a comprehensive transportation strategy for the Regional Municipality of Niagara. RECOMMENDATION: That one member of Council be designated to participate in the Steering Committee Strategy Sessions. 11. Office of the Mayor, Town of Fort Erie - Re: Meeting with border communities with gaming interests - advising that a meeting has been scheduled during the AMO Annual Conference on August 21,2001 to allow information to be exchanged about the unique economic and marketing opportunities existing given the proximity of the communities to the U.S. border and to consider strategies to improve the gaming market position. RECOMMENDATION: For the information of Council. 12. Art by the Falls - Re: Tenth Annual Art by the Falls event - requesting that Council recognize through resolution the Rotary Club of Niagara Falls Sunrise "Art by the Falls", Art and Craft Show being held on September 14, 15, and 16, 2001 and designate the event as a "Community Festival" in Niagara Falls. RECOMMENDATION: That the request be approved. Additional Items for Consideration The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE (Alderman Victor Pietrangelo, Chair) COMMUNITY SERVICES MATTERS Chief Administrative Officer MW-2001-111, Contract 01-198-00 Phase 1, Montrose Road and QEW Sanitary Sewer. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chair) .?. MISCELLANEOUS MATTERS Chief Administrative Officer L-2001-44, Panoramic Hospitality Inc. (Tony Rama's Restaurant) Sidewalk Caf~ License Agreement with the City; 6733 Fallsview Blvd. 2. Chief Administrative Officer L-2001-45, Letters of Credit. Chief Administrative Officer L-2001-47, Macesic Agreement with the City; parts 2 and 3 on Reference Plan No. 59R- 11435; South side of Sherk Road. Chief Administrative Officer L-2001-49, Conveyance of Lot 33 on Plan No. M-29 to Taro Properties Incorporated; Olden Avenue. RESOLUTIONS WHEREAS the Niagara Region has three psychiatric units in Niagara Falls, St. Catharines and Welland, respectively; AND WHEREAS the Niagara Health System has indicated that one of these units will be closed; AND WHEREAS the local psychiatric community is opposed to this move and has stated that many individuals will be left vulnerable without adequate facilities; THEREFORE BE IT RESOLVED THAT the Niagara Health System not make any decisions on the closure of psychiatric units until a proposed meeting with the Region's Mayors, scheduled for September 12th, takes place. BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show being held on September 14, 15 and 16, 2001 and designates the event as a "Community Festival" in Niagara Falls. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2001-163 To amend By-law No. 6661, 1964, as amended with respect to signs, in the City of Niagara Falls. -8- 2001-164 2001-165 2001-166 2001-t67 2001-168 2001-169 2001-170 2001-171 2001-t72 2001-173 2001-174 2001-175 To authorize the execution of a Letter of Agreement with The Ministry of Economic Development and Trade and with respect to operating The Niagara Falls and Area business Self-Help Office, in City Hall. To amend By-law No. 91-232, as amended, being a by-law to accept Letters of Credit. To authorize an Agreement with Branko Macesic and Milja Macesic with respect to conditions imposed by the Committee of Adjustment by decision dated May 22, 2001 under File Nos. B28/2001/NF and B29/2001/NF. To authorize the reconveyance of Lot 33 on registered Plan No. M-29 in the City of Niagara Falls, in the Regional Municipality of Niagara to Taro Properties Incorporated, for nominal consideration. To authorize a Sidewalk Caf~ License Agreement, dated June 28, 2001, between Panoramic Hospitality Inc., and The Corporation of the City of Niagara Falls to licence a portion of City property located in front of 6733 Fallsview Boulevard for the purpose of operating a sidewalk cafe. To amend By-law No. 79-200, as amended, (Re: AM-19/2001, Falls Masonry) To amend By-law No. 79-200, as amended. (Re: AM-01/2001, 3552 Bridgewater Street) To amend By-law No. 79-200, as amended (Re: AM-19/2001, 5200 Domhester Road) To amend By-law No. 97-136, being a by-law respecting the use of a dwelling for the purpose of a tourist home, which amended By-law No. 79- 200, as amended. (Re: AM-01/2001, 3552 Bridgewater Street) To provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: AM-11/2001) To designate Lots 16 and 17 on registered Plan No. 264 not to be subject to part lot control. To amend By-law 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking Meter Zones, Parking Prohibited) -9- 2001-176 To amend By-law No. 96-60, being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking (Municipal parking lots) 200t-177 To designate the Stamford White Oak Tree in the City of Niagara Falls, to be of historic value and interest. 2001-178 To amend By-law No. 89-2000 being a by-law to regulate parking and traffic on City Roads (Part X - Offences and Penalties) 2001-179 To amend By-law No. 96-50, being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking (Offences & Penalties.) 200t-180 To amend By-law No. 89-102 being a by-law to amend By-law Nos. 80-77; 80-114 as amended, 85-202 and 85-205. 2001-181 To amend By-law No. 70-72 (numbering & re-numbering of city buildings) 2001-182 To amend By-law No. 6661, 1964 as amended with respect to signs, in the City of Niagara Falls. 2001-183 To declare surplus part of Dock Street on Plan No. 251 in the City of Niagara Falls, in the Regional Municipality of Niagara, designated as Part 3 on Reference Plan No. 59R-4257. 2001-184 To authorize the execution of an agreement with Touchstone Site Contractors Inc. and Casino Niagara respecting the design and construction of a decorative fountain at the corner of Victoria Avenue and Bender Street. 2001-185 To authorize the execution of an agreement with V. Gibbons Contracting Ltd., respecting Montrose Road and QEW Sanitary Sewer. 2001-t86 (HANDOUT) To amend By-law No. 79-200 as amended. (Re: AM-11/2001) 2001-187 To authorize monies for General Purposes (August 13, 2001). NEW BUSINESS Niagara District Health COUncil Conseil r6gional de sant6 de Niagara May 8, 2001 Mr. Wayne Thomson Mayor City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 . You will recall upon my presentation to Regional Council on April lg, 200'1, I expressed my willingness to present to all local municipalities regarding the Physician Recruitment and Retention Coordinator model and the new position, for which the Region has now agreed to provide up-front funding. Although the focus of my presentation will not be to request your funding support, I would still be pleased to meet with your Council to ensure there is a clear understanding of the role of the recruitment coordinator and how he/she will work together with local communities to address their recruitment needs. A copy of the advertisement for this position was faxed to your office last week; the closing date is May 18, 2001 and we are hoping to have someone in place by eady July. Please advise me if you would lik~ me to attend the beginning portion of one of your upcoming Council meetings. Once/a date is established we can then discuss further the details and focus of the presentati/cCn. / I look forward to hearing from ),bu. You may either contact me directly to discuss this further or you may ~11 Joanne Manson at the Distdct Health Council, who will be coorcl~nating the scheduling/6f the presentations. Chair, Physician Resources Planning Task Force PLANNINB ~J~T~ ~ Niagara District Health Council Conseil r~gional de sant~ de Niagaro Physician Resources Planning Task Force A Case for a Dedicated Physician Recruitment and Retention Coordinator for Niagara April 18, 2001 Niagara District Health Council Physician Resources Planning Task Force A Case for a Dedicated Physician Recruitment and Retention Coordinator for Niagara I Background Issues Inventory reveals severity of shortages The serious shortage of Family Physicians has been a longstanding and long recognized problem in Niagara. The issue came to a head in early 1998 upon presentation by local Chiefs of Staff and the Medical Officer of Health of the report, Niagara Physician Human Resources 1997, to the Niagara District Health Council. This document clearly identified that Regional Niagara "continues to be grossly underserviced with family physicians." It also stated that "unless thoughtful planning and subsequent recruitment is undertaken soon, there will be a crisis in physician manpower in Regional Niagara. (Note: A recent publication shows that the supply of family physicians is the second lowest in the province (ICES, 1999). Also, A Primary Care Survey conducted by DHCs and the Central West Health Planning Information Network in the fall of 2000, revealed 5% of Niagara residents are without a family physician.) A Physician Resources Planning Task Force is formed This situation led to the formation, in May 1998, of the Physician Resources Planning Task Force (hereafter called "the Task Force"), with a mandate to develop recommendations and strategies for the Niagara District Health Council to address the physician resource requirements for Niagara. The Task Force membership is broad- based, encompassing the medical profession, hospital administration, municipal leaders, and other health experts. Niagara Designated Underserviced for Family Physicians The first major activity of the Task Fome, given the severity of the situation, was to apply for designation of Niagara as an underserviced area for family physicians. Designation by the Ministry of Health and Long-Term Care was successfully achieved in 1999 for all twelve Niagara municipalities for a total of 87 family physicians. This was achieved through the cooperative efforts of the Task Fome, municipalities, physicians and hospitals. A "Blueprint"for action is developed The Task Fome consulted very widely among other key stakeholders on "best practice" in physician recruitment and retention. In May 2000, a report was produced that not only summarized the work of the Task Force but serves as a "blueprint" for future recruitment and retention of all required physicians in Niagara. It recommended Niagara put in place a sustainable structure which includes an ongoing physician resoumes planning/recruitment body, as well as active recruitment teams in local communities, involving municipal, business, hospital and interested community representatives. These Teams were to have been supported by the new Community Development Officer for Central Ontario, although turnover in this position has delayed progress. Community involvement is required for future development The report analyzes the complexity of factors considered by the Task Fome which influence physician supply and demand. The report emphasizes repeatedly the research of the Task Force which shows that physician recruitment and retention is a community- wide concern. Successful "recruitable communities" are aware of the importance of adequate medical resources in the future sustainability and development of their communities, and are working together to find new doctors and keep those who are currently practicing. Demographics are worrisome A further concern for Niagara is the demographic profile of its population overall, with a higher percentage of elderly persons compared to the province overall (16% age 65 and over in Niagara versus 12% in the province overall) and of its physicians (52% over age 50 in Niagara versus 42% in the province). II Next Ste~s Need for Coordinated Roles and Actions In monitoring the follow-up to the "Blueprint" Report, the Task Force recognized the need for greater clarification on the roles and responsibilities of the various players involved in physician recruitment in Niagara, including the Task Force, the CDO, municipalities and hospitals. For example, it was concerned about the absence of coordinated follow-up with potential candidates who attended the Health Professionals Recruitment Tour held at the five Health Sciences Centres in September each year. As well, given the territory to be covered by the Central Ontario CDO, the need for a more "hands on" approach in Niagara was identified, i.e., the CDO could pass on the names of contacts, but it was unclear who should "catch the ball". A Coodinated Model The Task Force came up with the following configuration, which identifies the roles and responsibilities of the various players. This model is consistent with the conclusions reached at a conference held in Northwestern Ontario in April 2000, entitled "Restoring the Balance: Strategizing for Northwestern Ontario's Physician Resource Needs." A summary of some of the key activities/recommendations is provided in the attached. While the CDO will continue as a resource to Niagara, a key component of this model includes what amounts to a dedicated CDO for Niagara but referred to as a Physician Recruitment and Retention Coordinator. A Recruitment Coordinator for Niagara Key responsibilities of the Recruitment and Retention Coordinator position include: · Providing a single port of entry to Niagara for the purposes of recruitment · Promoting/ensuring an equal playing field for all Niagara communities · Recruiting actively and creatively · Providing a timely and professional response to candidates · Coordinating/linking with communities and hospitals · Developing/maintaining a registry of practice opportunities · Tracking of contacts 2 · Supporting communities in the development of recruitment teams/welcoming programs for prospective physicians an spouses/families · Promoting coordinated incentives · Developing creative retention strategies · Encouraging mentoring programs · Conducting exit interviews A detailed job description for this position is attached. As well, there continue to be roles for communities and hospitals, with the former more concerned about family physician and the latter more about specialist recruitment. The following describes how the recruitment coordinator would handle and link with the appropriate players. A coordinated response: potential/sample scenarios 1) An individual calls with a general inquiry about opportunities in Niagara. A regional welcome could be arranged, possibly involving those communities/hospitals/individuals of interest to the candidate and his/her family (5). 2) A family physician calls with a clear interest in a particular community. The designated contact in that community would be contacted and the welcoming team in that community would be mobilized. Depending on the interests of the individual, the community might also want to tap into the regional welcoming program. 3) A specialist who would clearly be connected with a particular hospital calls. The designated/appropriate hospital representative would be contacted, who, with the assistance of the regional contact, would mobilize the appropriate community (4) and/or regional team (5) ~[/'regional"contact~ (1) ,~[ regionalwelcome [~ rJ ,- i (tailored to individual) 'P P hospital ! ~I designated I (4) community liaison to implement welcoming program ~ (incl. hospital, physicians, municipal, business, real estate, etc.) Accountability The Niagara Physician Recruitment and Retention Coordinator will be accountable on an administrative level to the Executive Director of the of the Niagara District Health Council. The position will be physically located centrally in Niagara at the Niagara DHC. Funding from the municipalities will flow through and be administered/monitored by Niagara DHC. The Niagara DHC Physician Resources Planning Task Forde will establish overall goals of the project and assist in evaluating the role in partnership with all other parties involved. A status/evaluation report will be provided to all those involved 3 times per year. Recruitment/Hiring Process The position will be posted initially as a pilot 12-month contract position at the Region, each local municipality and all hospitals/sites (target May 2001). A sub-committee of the Physician Resources Planning Task Force will interview and select a candidate. The sub-committee will include physician, hospital, regional and community representatives (target June 2001). Budget and Financial responsibility The budget for this position has been estimated at $95,000 in the first year for all salary and other expenses related to administration and travel, attendance at recruitment tours, Web site development, etc. and for start-up costs. See detailed budget attached. The proposed breakdown of contributions is as follows: Regional Municipality of Niagara Large local municipalities (St. Catharines, Niagara Falls, Welland- 3X 10,000) All other local municipalities (9 x $5,000) $ 20,000 $ 30,000 $ 45.000 $ 95,000 In-kind support will be provided by the Region of Niagara (development of promotional materials by NETCorp), the Niagara DHC (space and administrative support) and hospitals (administrative support related to practice opportunities, promotional material). Note: hospitals are also actively reviewing potential contributions such as space for actual recruits. It is expected that each community will form a local recruitment team. In support of this, each municipality may also wish to designate additional funding for local welcoming/visitation programs and other associated costs such as promotional materials, web site development, etc. These funds would supplement support available through the Underserviced Area Program of the Ministry of Health and Long Term Care for community visitation for family physicians (includes travel within Ontario and accommodation only). Municipalities may also wish to explore other options for support within their communities, such as private sector contributions, foundations and auxiliaries. April 18, 2001 Physician Resources Planning and Recruitment in Niagara Roles/Responsibilities f Physician ~ / Recruitment/Retention ~ / Coordinator ~ [ ~cruitment ~ { -Community learns/linkages I \ -Cenlral Contact ~ \ -Tracking ~ --~ -Facilitate ,/-- -Specialist / Pm~ram ~ \ Vacancies I -Co~ordinated ~ Com~ -~" ~Fa mily P, hysicia n Resource: '~, - Recruitment ~ - Community teams - Mentodng - In~entive~ ,/ Physician Resoumes Planning Task Fome or Other Body + +-+- Niaga,~ .ea.. System ( 8 Sites ) + ~' Po,~ Co~oma / Wain.eet Hotel Dieu Health Sciences Hospital, Niagara Niagara Falls West Lincoln Memorial Hospital Fort Erie St. Catharines Grimbsy / Lincoln / West Lincoln Thomld Niagara on the Lake Welland Pelham Niagara Physician Recruitment and Retention Coordinator 1, Summary of Duties The Recruitment Coordinator will coordinate all recruitment-related activity in Niagara and will act as an advocate for physician recruitment and retention in Niagara. 2. Roles and Responsibilties To liaise, facilitate, and co-ordinate physician recruitment and retention initiatives in Niagara in conjunction with communities/municipalities, physicians, hospitals, and the Physician Resources Planning Task Force of the Niagara District Health Council; To collaborate closely with the Community Development Officer for Central Ontario and others as appropriate (e.g., PAIRO), with respect to recruitment and retention strategies, potential candidates, connections with medical students and residents, templates for community profiles, etc. · To establish mechanisms for recruiting physicians, both family doctors and specialists, to Niagara; · To establish mechanisms for retaining physicians in Niagara; · To provide support to communities in the development of local community recruitment teams; To collaborate with communities (e.g., community recruitment teams, economic development organizations) to collate community promotional brochures and community profiles for distribution to prospective physicians and their families; To collaborate with hospitals/clinics/physicians to develop descriptions of practice opportunities to distribute, along with community profile material, to prospective physicians and their families; To develop, implement, and maintain community profile data in the form of a "Community Needs and Opportunities Registxy" for each community and in Niagara overall and serve as the primary registration point for communities interested in attracting physicians and physicians seeking a suitable community; To actively promote and market lifestyle, amenities, and medical practice opportunities in both small and larger communities in Niagara with an emphasis on matching physicians with desired unique local offerings, without diminishing the merits of neighbouring communities. · To provide support and administrative assistance to communities, clinics, and hospitals engaged in physician recruitment and community visitation programs; To co-ordinate comprehensive community itineraries for the prospective physicians and their families and to provide support in tracking/following up with prospective candidates and their families;' · To support/facilitate development of a mentoring program for new physicians to ensure orientation to the community and medical practice community; To support/facilitate development of a coordinated incentive program across Niagara and encourage consolidation of resources in order to decrease competition (e.g., subsidized housing, moving expenses, improved infrastructure such as CME funding, facilities/technological support, group practice environments, and non-monetary incentives such as teaching opportunities, spousal career assistance); To provide relevant information and act as a clearinghouse of information to the medical community, agencies, organizations and interested health and medical professionals on recruitment related issues, while respecting confidentiality issues; · To provide ongoing updates to the central database of physicians (currently under development by the Niagara Health System); To conduct confidential exit interviews of physicians who leave Niagara and to follow up community visits to determine why physicians choose or do not choose Niagara (for aggregate reporting to the Physician Resources Planning Task Force). · To support other activities which enhance physician recruitment and retention, e.g., medical student/resident opportunities; · To maintain appropriate data and carry out required monitoring activities in support of ongoing assessment and evaluation of the program. 3. Accountability The Niagara District Health Council will act as the sponsoring organization. Funding from the municipalities will flow through and be administered/monitored by Niagara DHC. The Niagara Recruitment Coordinator will be accountable administratively to the Executive Director of the Niagara DHC. The Physician Resources Planning Task Force of the Niagara DHC will establish overall goals for the project and assist in monitoring the role with input from all stakeholders, including hospitals, physicians, clinics, communities/municipalities. 4. Location It is recommended that the Niagara Recruitment Coordinator be physically located at the Niagara DHC. 5. Oualifications · University degree (combined with practical experience in a health care profession considered an asset) · Human resources management experience · Health Care experience · Excellent interpersonal and commmcation skills (both written/verbal) · Highly organized · Well-developed marketing skills · Able to work independently with minimal supervision · Excellent presentation skills · Proven facilitation skills and ability to lead/guide diverse teams · Computer skills · Able to travel independently · Knowledge of Niagara and its communities · Willingness to work flexible hours, includ'mg evenings and weekends (approximately 15-20 hrs/week on average) Final version April 18, 2001 Summary of Selected Key Points/Recommendations in report of a conference* held in Northwestern Ontario in April 2000, entitled: "Restoring the Balance: Strategizing for Northwestern Ontario's Physician Resource Needs." responsibility for recruitment at the local level is shared by all stakeholders, including, citizens participating on local recruitment committees right up to federal and provincial govemments who decide number of new doctors to be educated in the future; Health Sciences North has a role to play in educating new physicians, in providing opportunities for continued professional development and through the work of the CDO office in supporting regional recruitment efforts; health care administrators (hospitals, clinics), providers (incl. physicians themselves), and leaders in economic development, municipal politics and industry are all responsible/influential. · Recommendation that needs to be better overall coordination Thc above should all be involved in recruitment at the local level; key is to consolidate resources, capitalize on each others' strengths to make less burdensome, understand each others' role, unite with common purpose; need to focus on recruiting families, therefore helps to have range of skills and interests involved to address overall family needs Recommendation that efforts of each community should be made in support of and within context of overall regional recruitment strategy, specifically for marketing and promotional activities · Promote quality of life aspect (clean air, etc,) · Welcoming program endorsed, including community, medical, social and cultural aspects, spousal support Supportive practice environment, group practice, collegial spirit needed and candidates must be made aware of availability of locum support, specialist back-up, professional development opportunities · Promote opportunity for enhanced professional practice (diverse, comprehensive, teaching opportunities, research, advanced technology) · Marketing of strengths should be based on consistent, long-term regional advertising · Support for medical learners in rural practice setting, including tracking/supporting students in medical school Incentive planning should be at regional level to establish more equitable playing field - consistency will reduce competition and allow communities to focus on natural attributes rather than on unsustainable financial incentives · Recommendation to establish NW Ontario as Centre of Excellence Recommendation to develop a regional recruitment body to coordinate recruitment, sustain momentum, disseminate information to all community stakeholders; organizations akeady working on recruitment should better integrate their activities, have consistent vacancy numbers, and continuously promote what is unique about NW Ontario Majority not in favour of pure financial incentives, don't want "bidding war" and compete with each other on "cash" basis; instead should support enhanced infrastructure for health practitioners (e.g., CME funding, technological support, subsidized housing, moving expenses); also support for non-monetary incentives, such as teaching opportunities, spousal career assistance, group practice environment, specialist back-up, comprehensive orientation to practice and community (professional and personal) Regional support will be obtained through collegial activity, unified voice, coordinated campaign; need Chambers of Commerce, DHC, University, local health agencies, municipalities and regional representatives; also need accurate regional data for effective regional approach; support for more regional control in development of medical resource strategies and more political involvement, regional networking/confeernce opportunities Supported formation of regional coalition to oversee development of a regional strategy for physician recruitment and retention, to complement existing community strategies, provide regional overview to reduce duplication of effort at the community level General PrinciplesfRequirements of coalition include authority and resources, representation from pertinent stakeholders from across the region, aggressive selling of NW as desirable area to practice, reducing need for competitiveness between communities · Activities of coalition include: · Development of coordinated marketing and PR program · Enhancing and expanding CDO role · Establishing community liaisons · Encouraging concept of communities mentoring communities · Agreement on incentive programs · Advocacy · Political influence and lobbying · Identifying regional concerns and presenting to various bodies as unified force · Establishing one port of entry for the region · Collecting information regarding what works in communities re: recruitment and retention · Knowing what crises are looming Support that CDO role requires redefinition, expansion, more funding and greater focus on coordination of regional efforts *The conference was jointly sponsored by Health Sciences North, Northwestern Ontario DHC, Northwest Health Network and Thunder Bay Regional Hospital. A copy of the full report is also available on request. Purpose Physician Recruitment and ® Inform ceuncll ef status ef physician . recruitment RetentlofllaNlagara ASolutlonl -~ ®DeflnefacterscdUcaltesuccess Prasentutlen to Mnnlclpdi Caanclla recraltJnent in future ® Outline a st~atugy tu address factorswlthln Niagara FaNs - August13, 2601 sar control Shot*age of Family Physicians and Issues Shoftal Specialists · 5% adOteut I family physician ® Aging PopdiatJen ¢. Ng]ng Physicians More Issues overlap of roles- communities/hospitals Lack Of Coordtusf~d tullew-up with potenOal eandidates CDO far Central Ontario - too largo a terdtury AcUen to Date ® inventuty revealed learning crisis In physician manpower 1996-1999 ® Niagara District NeaNll Ceuncll farmed Task Farce; first meeting May lee9 ® Underaervlced Aras Pragram DeslgnaUen fnr 87 physicians acrass Niagara ? 1999; 20 in Niagara Falls ,~ "Blueprint" Ilegnrt ef Task Farce May 2000 CrlUcal Success Factors "Succosstul"racrultuble" communlUes racegnize importance ef medical reseurce availability to lutura sustulnablllty and develepment" ® Proactive st~atugY Including pofltlcal Sllppnrt ® Effective/creative markeUng and racraltment strategies ® Oflgding c6ordinaUng/llgking with communities and hospitals More Critical Success Factors > Customized approach fir Indlvldest communlUes with active recruitment .~. teams/welcoming pregrems IrecruitJng/suppcrtlng families] Level playing field Censolldnted resources and Incenfives Singln port cf natty Thnciy nnd prefssslonal respossn to candidates and t~acklnp The Solution Designated Physician Recruitment and Retention eoerdinater for Nlagare · 12-month contract Links with Task Ferue. HOspitalS, Communifies .'~ Logistics ilccountebllltY to DHC .~ I year pilot ® Evaluafion of effectiveness if thc strutegy ® Progress ropolts te ail plrtaors Funding lure Io ® csst sharud bltwo g I~ municipalities ®In kind" support - DRC [sPCssor], Ilospltels, Region ® Additional funding h'om communities for local dsltetlon/welcomlmg, etc. Recommendation ® Council support for the Proposed strategy · community tom to support and cooperate with leeruitment Coonlhrator · celmr, il to Prmoto and assist with le4dnd support within community, l.g. vlsiting physicians and students, accommodaneos for students March 1,2001 Mr. Wayne Thomson Mayor City of Niagara Falls PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Thomson, NIAGARA COMMUNITY FOUNDATION The Niagara Community Foundation was officially launched in November of 2000. The Foundation was created through the vision of Mr. Frank Branscombe and the leadership of Regional Chair Debbie Zimmerman. The Region of Niagara facilitated the formation of the foundation by assisting with staffing the volunteer Steering Committee. In fact, the creation of the Foundation was the Region's Millennium Project. As a new institution established to meet the philanthropic interests of donors and to serve charities throughout the Niagara region, we would be interested in making a presentation at an upcoming council meeting so that we can inform the members of your city council, your staff, residents and groups in your community about the work of the Foundation. We are an independent public foundation and registered charity mn by a board of directors who are leading citizens from around Niagara. The Foundation has three main objectives: · to pool the charitable gifts of many donors into permanent, income-earning endowment funds that benefit charities in the region · to make grants from the earnings on these funds to support a range of local initiatives - including health, education, social services, arts, and the environment · to provide leadership to our community by bringing people together from all sectors to identify and address local issues The presentation to your council would be made by one of the members of our Board of Directors in conjunction with our Executive Director. I have attached a brief background about the Foundation for your review. To schedule an appointment with council, please call our Executive Director, Liz Palmieri, at 905-684-8688. We look forward to making this presentation at an upcoming council meeting. John Potts President, Board of Directors 17 Queen Street, 2nd I'll, St. Cathar ines, ON L2R 5G 5 ph. 905.684.8688 fax 905.684,2337 NIAGARA COMMUNITY FOUNDATION BRIEF HISTORY How was the Niagara Community Foundation started? Once the idea for a community foundation was raised by Frank Branscombe, Regional Chair Debbie Zimmerman brought together a group of leaders from across the region for a meeting to discuss the formation ora community foundation as a millennium project of the Region. This meeting took place in March of 1999. Representatives from the four United Ways, hospital foundations, educational institutions, various charities, political leaders and the private sector participated in this meeting. As a result of the interest shown, a Steering Committee was formed in September of that year to lay the groundwork for the Niagara Community Foundation. What has the Steering Committee accomplished? Since September of 1999, this committee has accomplished the following: · development of the Foundation!s vision and mandate · creation of a three-year strategic plan · incorporation as a not-for-profit corporation · completed charitable registration as a Public Foundation · engagement of an Executive Director · recruitment of distinguished individuals from across the Niagara Region to serve as the inaugural Board of Directors · solicitation of more than $230,000 in grants and donations from Foundation Supporters to cover most of the first three years of operating expenses The Niagara Community Foundation was officially launched in November of 2000. At the launch the first two major gifts were donated to our endowment fund. Our first Board meeting took place on December 7th. As of Dec. 31, 2000 our fund balance stood at $202,700. We are obligated to grant 4.5% of the fund to charities in the Niagara Region by year-end 2001. Our Grant Making Advisory Committee has been formed and will be developing the funding priorities, granting policies, grant application process and criteria. We anticipate announcing the 2001 Grants Program early in September and plan to award the grants later in the fall. Niagara Community Foundation- Background Document- 02/14/01 Pg. I Vision A healthy and vital community across Niagara in which all people have the opportunity to enhance the quality of their lives and the lives of others Mission The Niagara Community Foundation serves the people of the Niagara Peninsula by building permanently endowed charitable funds for the changing needs and opportunities of the community, making grants, and providing leadership that contributes to the health and vitality of the community. Objects of the Corporation To receive and maintain a fund or funds and to apply all or part of the principal and income there from, by way of a formal grants program to qualified donees iii thc furtherance of the following charitable purposes: · social and health programs that contribute to the development of healthy communities · community heritage and local cultural traditions including theatre, dance, literature, film and video, music, crafts, painting and sculpture · educational programs including programs that build individual citizens' capacity for leadership and effective participation in community life · innovative approaches to community-based management and stewardship of land, natural resources and the environment Strategic Directions 2001-2003 · work with donors to achieve their philanthropic goals and potential · provide financial support, technical assistance and other resources to charitable organizations · promote effective leadership in the community by encouraging and participating in community initiatives and partnerships · foster a climate for community involvement and discussion, problem solving and planning · manage responsibly the foundation's assets · build awareness of the role of philanthropy in responding to community needs and opportunities Niagara Community Foundation- Background Document - 02/14/01 Pg. 2 Principles that Guide the Work of the Foundation Community foundations are accountable to the public, and, as civic leaders should engage in practices that are open, accessible, fair, objective, flexible and timely. The document "Principles for Community Leadership" is included as part of the Strategic Plan. Principle 1: Building Community Capacity - We will nurture and build on our community's strengths and assets. Communities are strengthened by initiatives which increase the capacity of organizations and individuals to respond to challenges and opportunities, develop local leadership, promote self-reliance, emphasize prevention and mobilize civic participation and resources. Principle 2: Understanding the Changing Nature of our Communities - To be strategic in all of our activities, we need to know our communities well. This involves spending time in community consultation, making ourselves available for discussion, being active participants in the community, monitoring local and national trends and being aware of the impact of change in our communities. Principle 3: Creating Opportunities for Dialogue - Because of our broad mandate to nurture a healthy and vital community, we will bring together people with different ideas and points of view and create opportunities for respectful dialogue on issues of importance to our communities. Principle 4: Developing Partnerships - Since more can be accomplished when acting together, we will form, encourage and support partnerships among individuals, neighbourhood and community groups, service clubs, foundations, professional advisors, businesses, governments, the media and others, based on shared vision and mutual responsibility. Principle 5: Reflecting Diversity - We believe there is strength in diversity and that our communities will be better served when we understand different points of view and engage the broader community in our deliberations and decision-making. Principle 6: Establishing an Effective and Imaginative Grants Program - We will strive to continually improve our skills as grant makers, making a visible and lasting difference in our communities through a granting program that is balanced, flexible, creative and responsive. Principle 7: Evaluating and Sharing Results - We will evaluate our activities to improve our skills and knowledge and we will share key findings with others. Principle 8: Implementing Responsive and Accountable Processes - We will engage in practices that are open and accessible, fair and objective, flexible and timely with grant seekers, donors, volunteers and others in the community. This is essential to our role as credible and reputable stewards of community resources. Principle 9: Balancing our Resources - Because our fund development, grant making and other community leadership activities are interdependent, we will commit and balance our human and financial resources among them. Niagara Community Foundalion - Background Document- 02/14/01 Pg. 3 NIAG~'~A June 5,2001 Mayor Wayne Thomson City of Niagara Falls 4310 Queen Street Niagara Falls ON L2E 6X5 PUBLIC HEALTH DEPARTM'~ The Regional Municipality of Niagara Chronic Disease Prevention Division 573 Glenridge Avenue St. Cathadnes, Ontado L2T 4C2 www.reoionaLniaaara,on.ca Telephone: 905-688-3762, Toll Free: 1-800-263-7248 Fax: 905-688-7024 E-roail address: ~~ Dear Mayor Thomson: At the Regional Council meeting of April 19, 2001, a recommendation was approved to receive the report PHD 38-2001 (attached) for information and further, to direct staff to bring forward a report and strengthened Regional Smoke-free Public Place and Workplaces Bylaw in fall 2001. As part of the report, staff included a schedule of activities that would include delegations to lower-tier municipalities and Public Information Sessions. I wish to extend an invitation to speak to you and your Members of Council as a delegation from the Public Health Department. The intent of the presentation is to clarify the recommendation of the Public Health Department, increase public awareness, address any concerns and obtain feedback on the proposal to be presented in the fall 2001. If your Council wishes to have Public Health Department staff appear as a delegation, please contact me at (905) 688-8248 Ext. 233, to arrange a date. Best regards Chri Supervisor, Tobacco Programs Atttachment PLANNING laF..ETIN -' --- -- ... Dedicated to achieving a Healthier Niagara PUBLIC HEALTH DEPARTMENT The Regional Municipality of Niagara Chronic Disease Prevention Division 573 Glenridge Avenue St. Catharines, Ontario L2T 4C2 www.reqionaL nia,qara.on.ca Telephone: 905-688-3762, Toll Free: 1-800-263-7248 Fax: 905-688-7024 E-mail address: nq~hd-hl(~re~ional.niaaara.on.ca Summary: Report PHD 38 - 2001 was presented at CHS on April 23, 2001. The resolution from the CHS minutes (CHS 9-2001, April 23, 2001) reads as follows: Moved by Councillor Eke Seconded by Councillor Brickell That Report PHD 38-2001, April 23, 2001, regarding Proposal for Strengthening the Regional Smoke-free Public Places and Workplaces By-law, be received for information; and That staff prepare a report on strengthened smoke-free public places and workplaces by-law, based on the concerns and comments expressed by Committee, and presented to Committee and Council in Fall 2001. Carried. and the resolution at Council on May 3, 2001 approving those minutes reads as follows: Moved by Councillor Adams Seconded by Councillor Hildreth That Report 9-2001, being the minutes of the Community and Health Services Committee meeting of Monday, April 23, 2001, be approved and adopted. Carried. ... Dedicated to achieving a Healthier Niagara NIA~A THE REGIONAL MUNICIPALITY OF NIAGARA PHD 38-2001 April 23, 2001 REPORT TO: SUBJECT: Chair and Members Community and Health Services Committee Proposal for Strengthening the Regional Smoke-free Public Places and Workplaces Bylaw RECOMMENDATION That this Committee recommend to Regional. Council: To receive this report for information; and To direct staff-to prepare a report and strengthened smoke-free public places and workplaces bylaw to be presented to Committee and Council in fall 2001. EXECUTIVE SUMMARY Tobacco, as.a major public health hazard, has been well documented io the research and in past reports to Committee and Council. Under the authority of the Municipal Act,:P,. ;SiO,. 1990, c. M.45, the Regional Municipality of Niagara adopted and implemented Bylaw ¢f-8901-97, a Bylawto Regulate the Smoking of Tobacco in Public Places, effective January 19, 1998. The intent of the bylaw was to meet the Ontado Tobacco Strategy criteria for providing health protection from the harmful effects of environmental tobacco smoke (ETS). From a health perspective, the existing lJylaw does not provide an adequate level of health protection from ETS in public places or workplaces. Based on strong public support for 100% smoke-free public places and workplaces (PHD 37-2001), it is recommended that Regional Council direct staff to present a report and strengthened smoke-free public places and workplaces bylaw in the fall 2001.' This report provides the suggested plan for implementation of a 100% smoke-free public places and workplaces b),law. FISCAL IMPLICATIONS This work was carded out within the approved budget and programming of the Tobacco Prevention Program, Chronic Disease Prevention Division. A detailed proposal for 2002 budget enhancements related to the implementation of a strengthened by-law will be included in a fall 2001 report. 1 PHD 38-2001 Apdl 23, 2001 PURPOSE Since the implementation of bylaw ~8901-97, the Public Health Department (PHD) has continued to monitor the strengths and limitations of this bylaw. A great deal of effort has been expended to provide a comprehensive approach to tobacco use prevention, which includes public awareness, education, consultation and enforcement. From a health perspective, the existing bylaw does not provide an adequate level of health protection from the known harmful effects of ETS in public places or workplaces. The implementation of strengthened smoke-free legislation in other municipal jurisdictions has confirmed the success of 100% smoke-free bylaws. This report will provide a suggested plan for the implementation of a 100% smoke-free public places and workplaces bylaw. BACKGROUND ..................................... ~ ....................... In January 1998, the Regional Municipality of Niagara adopted and enacted bylaw ~.8901- 97, under the authority of the Municipal Act, R.S.O. 1990, c. M.45, subsection 213 (1), which states: The council of a local municipality may pass a by-law regulating the smoking of tobacco in public places and workplaces within the municipality and designating public places or workplaces or classes or parts of such places as places in which smoking tObacco or.holding lighted tobacco is prohibited. Since the implementation of this bylaw, the PHD has undertaken key steps to investigate the strengths and limitation of the existing bylaw. Report PHD 32-2001, summarizing these steps, was received for information at the Apdl 9, 2001 CHSC meeting. Staff was directed to bdng a more detailed repor~ forward outlining proposed changes and anticipated resources. From a health perspective, the existing bylaw does not provide adequate health protection from the harmful effects of ETS. Based on the success of 100% smoke-free bylaws in other municipal jurisdictions, it is recommended that a more comprehensive report and a strengthened smoke-free bylaw be presented to CHSC in fall 2001 for recommendation to Regional Council. 2 PHD 38-2001 Apd123, 2001 REPORT Since the adoption of bylaw #8901-97, staff has continued to provide a comprehensive approach to tobacco use prevention, including public awareness, education consultation and proactive enforcement. Through these efforts, it has been apparent that the existing bylaw does not provide adequate protection from the known harmful effects of ETS in -public places and workplaces. The Ontado Tobacco Strategy endorses a comprehensive public health approach that includes tobacco use prevention, smoking cessation and protection from ETS. Research and numerous studies have cleady demonstrated the inadequacies of ventilation systems, designated smoking rooms and smoking legislation that allows indoor smoking. Bylaw #8901-97 provides inadequate protection from the harmful effects of ETS in public places and workplaces, specifically youth, pregnant women, persons with chronic health conditions (e.g, asthma, Jung.&_heart disease).and .vulnerable populations..-The most significant contribution that the municipal level of government can make to address protection is smoking bans, which include bylaws. In recognizing the inherent risks of ETS, Regional Council has the authority to adopt a strengthened bylaw that will provide protection to the residents and visitors of Niagara. The position of the Medical Officer of Health remains: "100% smoke-free public places and workplaces, with no exceptions, This is the healthiest and most responsible position for Regional Council to adopt". The plan (Appendix A) outlines a proposed timeline for implementation of a strengthened smoke-free public places and workplaces bylaw. Preliminary budget and staffing estimates for 2002 reflect a comprehensive communication and enforcement strategy. Based on the experience of several other municipalities, we estimate an enhanced budget of approximately $600,000. Approxirnately half of this will be dedicated to a one-time community media/communication campaign. The rest of the budget will cover costs associated with hiring Tobacco Enforcement Officers and related enforcement costs (e.g., training, vehicle/mileage, and communications hardware). This funding estimate is consistent with actual and proposed by-law implementation plans and budgets. The enforcement experience in the Region of Watedoo included the use of communication hardware and municipally owned vehicles to ensure effective implementation of the enforcement protocol. The City of Ottawa, pending Council approval on April 25, 2001, includes similar resources in their proposed by-law implementation and enfomement budget. The PHD will pursue all possible funding opportunities to offset the proposed communication/mass media campaign costs. There may be fundino~ opportunities at the provincial and federal levels. ,, PHD 38-2001 Apdl 23, 2001 SUMMARY OR CONCLUSION Tobacco, as a major public health hazard, has been well documented in the reseamh and in past reports to Committee and Council. Under the authority of the Municipal Act, R.S.O. 1990, c. M.45, the Regional Municipality of Niagara adopted and implemented Bylaw ~8901-97, a Bylaw to Regulate the Smoking of Tobacco in Public Places, effective January 19, 1998. The intent of the bylaw was to meet the Ontario Tobacco Strategy criteda for providing health protection from the harmful effects of environmental tobacco smoke (ETS). From a health perspective, the existing bylaw does not provide an adequate level of health protection from ETS in public places or workplaces. Based on strong public support for 100% smoke-free public places and workplaces (PHD 37-2001), it is recommended that Regional Council direct staff to present a report and strengthened smoke-free public places and workplaces bylaw in the fall 2001. This report provides the suggested plan for implementation of a 100% smoke-free public places and workplaces bylaw. Submitted by: . Approved by: R.C. Williams, M.D., DPH, FRCP(C) Medical Officer of Health Mike Trojan Chief Administrative Officer This report was prepared by Chris McOueen, Supervisor, Tobacco Program and reviewed by Ellen Wodchis, Director, Chronic Disease Prevention Division. APPENDIX A Proposed Timeline for Implementation of Strengthened Regional Smoke-Free Public Places and Workplaces Bylaw PHD 38-2001 April 23, 2001 Key Dates Activities May - September 2001 Communications with Council: ':' CHSC Reports ':° Communiques , · :o Councillor Information Session May - September 2001 May - September 2001 September 2001 September 2001 October - May 2002 October- May 2002 October - May 2002 October - August 2002 Ivlarch - May 2002 Ma), 31. 2002 0Norld No Tobacco Day) May 31,2002 Communications with Stakeholders: .o:o Information Sessions o:o Meeting Delegations o:. Communiques Communications with Public: o:o Information Sessions o:. LTM Council Delegations o:- Communications Campaign Report to CHSC o:o Strengthened Bylaw for Recommendation to Council Report to Council o:o Recommendation from CHSC to Council Re: Strengthened Bylaw Staff Training & Development for Enforcement Education / Training Sessions for Stakeholder Groups · :. Responsibilities · :o Proactive Enforcement Public Information Sessions Mass Media Campaign o:o Strengthened Bylaw Site Visits to all affected premises to issue bylaw notice, information, resources & signage Implementation of the Bylaw Enforcement of Strengthened Bylaw Corporate Services Department The City of Niagara Fails Canada Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E6X5 web site: www.city, niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: plannlng@city.niagarafalls.on.ca August 13, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-68, General Amendment to Zoning By-law No. 79-200 AM-18/2001, All Lands North of Welland River, plus Chippawa Applicant: Amendments Initiated by the City Doug Darbyson Director PD-200'1-68 RECOMMENDATION: It is recommended that Council approve the amendments noted in this report being initiated by staff to update Zoning By-law No. 79-200. THE PROPOSAL: A number of amendments to the text of the City's Zoning By-law No. 79-200 are being brought forward by staff for Council's consideration. These changes affect all of the land in the City north of the Welland River, plus Chippawa. These amendments are proposed in response to current business trends and to assist in the administration of the by-law. The following is a list of the proposed amendments: 1 ) To add provisions to the by-law which would allow tents to be erected and used on commercially zoned property by operators of circuses, carnivals or carousels, for ground breaking ceremonies, business openings, special occasions and special sales of goods or merchandise, and for the seasonal sale of plants and other garden materials and landscaping products; 2) To add to the definitions of the terms personal service shop, pet grooming shop and retail store; 3) To add a tattoo studio to the list of the uses permitted in the GC zone; 4) To add a dancing studio to the list of uses permitted in the NC, G-C and SC zones; 5) To add a currency exchange to the list of uses permitted in the NC, GC, CB and TC zones; ~Yorking Together to Serve Our CommuniO~ Clerk's Finance Human Resources Information Systems · Legal Planning & Development August 13, 2001 - 2 - PD-2001-68 6) To add interior and exterior hand car cleaning to the list of uses permitted in the GC, SC, TC, AS, PI and LI zones; 7) To add a sightseeing tourist information centre to the list of uses permitted in the TC zone; 8) To add a contractor's or construction equipment rental shop to the list of uses permitted in the LI zone; 9) To add a contractor's or construction equipment rental shop or yard to the list of uses permitted in the GI zone; lO) To revise the provisions of the by-law that address pinball or electronic game machine establishments; 11) To adjust or establish parking standards for a personal service shop, tattoo studio, dancing studio, currency exchange, sightseeing tourist information centre, contractor's, or construction equipment rental shop or yard; 12) To revise the definition of a rear lot line for irregular or triangular shaped lots. CIRCULATION COMMENTS: These amendments, as well as an invitation to attend tonight's public meeting to the Zoning By-law, were advertised in the Niagara Falls Review on July 14, 2001. In addition, all City departments, and several businesses and government agencies were circulated for their comment. No adverse comments or objections have been received. PLANNING REVIEW: The following is a summary of the rationale behind the amendments. 1. Tents The City's Zoning By-law (No. 79-200) currently prohibits tents from being erected and used on any commercially zoned property with the exception of those zoned for camping establishments. These provisions were put in the Zoning By-law to ensure that all buildings and structures erected in a commercial zone would be ora permanent type of construction (ie. built with brick, block, stone, wood, glass). Several businesses in the Region rent tents up to 216 square metres (2,400 square feet) in size for special events and occasions. In the past they have had difficulty doing business in Niagara Falls because of the provisions in the City's Zoning By-law. In addition, the by-law prohibit tents from being erected by stores for special sales and the seasonal sale of plants and other garden materials. Staff has had several meetings with representatives of the tent rental businesses and has drafted mutually acceptable by-law provisions that will better serve the industry and their potential customers. The proposed provisions will allow tents to be erected and used on commercially zoned August 13, 2001 - 3 - PD-2001-68 land for circuses, carnivals or carousels, ground breaking ceremonies, business openings, special occasions and special sales of goods or merchandise and for the seasonal sale of plants and other garden materials and landscaping products. Refer to Appendixl for further detail. 2. Personal Service Shop, Pet Grooming Shop & Retail Store A personal service shop is defined in the Zoning By-law as a barber's, hairdresser's or hairstyling shop, a dressmaker's shop, a shoe repair shop, a tailor's shop, a self-service laundry or depot for the collection of dry cleaning and laundry and a pet grooming shop for animals which are kept at all times within an entirely enclosed building and are not kept overnight. This definition excludes a place providing pedicures and/or manicures, nail enhancement, or face and scalp treatment (cosmetic hair removal). Staffrecommends that these uses be added to the definition of a personal service shop because increasing numbers of people are interested in obtaining or providing these services which are compatible with the uses that are already permitted under this term. A pet grooming shop does not include a pet obedience school and, as such, cannot currently be established in the City without a site specific amendment to the Zoning By-law. Staffhas had a number of inquiries from people interested in opening pet obedience schools. Staff is of the opinion that a personal service shop, which includes a pet grooming shop, should also include a pet obedience school. A retail store is defined in the Zoning By-law as a building or part of a building in which goods, wares, merchandise, substances or articles are offered or kept for sale at retail. Therefore, by definition, a store owner may sell goods (ie. movies) but is not allowed to rent them. Staff is of the opinion that this definition is dated and that it should be reworded to reflect current trends in the marketplace. 3. Tattoo Studio Currently a site specific amendment to the Zoning By-law is required to establish a tattoo studio. Staff is of the opinion that they should be allowed to be established as of right somewhere in the City. It is recommended that consideration be given to allowing tattoo studios in the City's General Commercial (GC) zone. Tattoo studios function in a fashion similar to an office which is a permitted use the GC zone. Proposals for tattoo studios in all other commercial zones (ie NC, CB, SC, & TC), would require a site specific amendment application. 4. Dancing Studio Dancing studios are currently permitted in the Central Business (CB) zone only. Staff does not believe it is appropriate, necessary or desirable to limit the location of these facilities to the downtown where the CB zone is in effect. Therefore, staffrecommends that the Zoning By-law be amended to allow them to be established in the Neighbourhood Commercial, General Commercial, Tourist Commercial and Planned Shopping Centre zones as well. 5. Currency Exchange Currency exchanges are currently prohibited from being established in the City except in conjunction with a bank, trust company or credit union in a commercial zone. However, a currency August 13, 2001 - 4 - PD-2001-68 exchange does not necessarily have to be located in or be associated with a bank. Because of the number of tourists that visit the City, staff is of the opinion that the opportunity should be given to establish currency exchanges in all of the City's commemial zones to better serve the tourist. 6. Interior and Exterior Hand Car Cleaning Car washes are currently defined as a place where cars are mechanically washed. Interior and exterior hand car cleaning facilities are currently prohibited from being established in the City. Many municipalities allow these facilities and staffis of the opinion that the City's Zoning By-law should allow them as well. Although it was advertized that the list of uses permitted in the CrC, SC, TC, AS, PI and LI zones are proposed to be changed to accommodate interior and exterior hand car cleaning, staff recommends that the definition of a car wash be changed to address same instead. 7. Sightseeing Tourist Information Centre Sightseeing tourist information centres are currently permitted only as ancillary uses to permitted uses in the Tourist Commercial zone. There is an interest in the community to open such facilities on their own. To address this interest, staff recommends that the by-law be amended to permit independent or free-standing information centres on TC zoned land. 8. Contractor's or Construction Equipment Rental Shop or Yard These uses are not currently allowed in the City. Staffis of the opinion that there is a market for these uses and that they should be allowed in an appropriate industrial zone. In the interest of maintaining compatible land use relationships it is recommended that a contractor's or construction equipment rental shop only be pen'nitted in the City's Light Industrial zone and that the same use be permitted in the City's General Industrial zone with or without a yard. 9. Pinball or Electronic Game Machine Establishments A pinball or electronic game machine establishment is defined in the Zoning By-law as a building or part of a building in which three or more pinball or other mechanical or electronic game machines are kept for use in pursuance of a trade, calling, business or occupation. If someone wants to open an arcade they have to apply for a site specific amendment to the Zoning By-law. The City has cautiously approved applieatious for arcades because of the land use conflicts that have arisen in the past. In the past Council has allowed arcades to be established site specifically in shopping malls and plazas where they are more likely to be supervised. Staffrecommends that Council lessen the restriction on these uses and amend the Zoning By-law to allow up to ten pinball or electronic game maehmes to be provided in restaurants (having greater than 30 seats), hotels, motels, places of entertainment and in buildings used for exhibitions where they can be readily supervised. There is a growing interest to establish destination entertainment complexes in the City's tourist districts. These complexes could include multiple uses which together would form an attraction and may include interactive electronic or mechanical games, video displays, computerized equipment, mechanical video amusements, cinema(s) and/or live performances together with one or more of the following: clothing store, place of exhibition, hotel, motel, place of entertainment, August 13, 2001 - 5 - PD-2001-68 recreational uses, restaurant, retail store and souvenir store. In the interest of remaining a competitive and diversified tourist destination, staffrecommends that a destination entertainment complex use as described above be added to the list of uses permitted in the Tourist Commercial zone. 10. Parking Standards If the above noted uses are added to the City's Zoning By-law, the parking standards contained therein will have to be adjusted or established accordingly. 11. Rear Lot Line The rear lot line of an irregular or triangular shaped lot cannot be a point according to the current definition contained in the Zoning By-law. As a result, where lots have been created with a rear yard that is in the shape of a triangle, the owner has had to obtain relief from this provision through the City's Committee of Adjustment in order to get a building permit. This definition has been problematic for many years and staff is of the opinion it should be changed to make allowances for these situations. CONCLUSION: Based on the foregoing, it is apparent that the City's Zoning By-law needs to be updated. These amendments, which are within the purpose and intent of the City's Official Plan, would assist in addressing current business trends and remove a number of roadblocks to development. Staffrecommends that Council approve these amendments in principle so that the necessary amending by-law can be prepared for adoption. Prepared by: Ken Mech Manager of Current Planning Recommended by: Doug Darbyson Director of Planning & Development fu~y submi Chief Administrative Approved by: Tony Ravenda Executive Director of Corporate Services KM:Ip S:~PDR~2001~PD2001-68.wpd 4.33 4.33.1 4.33.2 TENTS AND AIR-SUPPORTED STRUCTURES: Subject to section4.33.2 and subject to compliance with the Building Code Act, and the regulations made thereunder, every building or structure to be erected within any commercial zone except a CE Zone shall be of the permanent type of construction. No change Subject to the Building Code Act and the regulations made thereunder, sections 4.33 and 4.33.1 shall not apply to prevent the following: the erection of an air-supported structure which is to be used only for the purpose of a shelter for a swimming pool or tennis court on any lot within and in compliance with a commercial zone: b) the erection and use of a tent, trailer and/or recreational vehicle when used by the operators of a circus, eamival or carousel for a maximum period of 10 days; c) the erection and use of a tent for a ground breaking ceremony, business opening, special occasion or special sale of goods or merchandise, for a maximum of 3 separate occasions in a 12 month period, subject to a maximum duration of 10 days, exclusive of set-up time, per occasion, in conjunction with a legally established or permitted use on the property; and d) the erection and use ora tent for the seasonal sale of flowers, plants, shrubs, trees and other garden materials and landscape products, for a maximum period ofg0 days and limited to one occasion in a 12 month period, in conjunction with a legally established or permitted use on the property and in compliance with the zoning on the property. 4.33.3 No change except remove "1974" S:XZON1NG~M S',2001 \Tempora~Ten t~\Tents.wpd NIA~"~A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca August 2, 2001 Mr. Doug Darbyson, MCIP, RPP Planning Director City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: General Minor Technical Amendments To Zoning By-Law No. 79-200 City Of Niagara Falls Public Meetin.q Date: Au.qust 13, 2001 File: D.10.M.11.23 (AM-18/2001) & Regional Planning staff have reviewed the proposed minor technical amendments to By-law No. 79-200 (Comprehensive Zoning By-law, as amended) and it appears that · the changes are intended to clarify particular provisions, add new definitions and add uses to particular zones. These changes appear minor in nature and would not compromise any Regional or Provincial interests. For these reasons, Regional Planning staff are not opposed to the intended modifications. Yours truly, ~/~/~.avid. J. Farley ~ / /~' Director of Planning/e~d Development CWH/mg C~ Regional Councillor W. Smeaton Mr. R. Wilson, Planner, City of Niagara FallS Mr. W. Stevens, Regional Public Works Department Ch/Darbyson Ltr-ZBL 29-200 NF The City of ~1~. Niagara Failsll~. I - Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www,city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca August 13, 2001 Doug Darbyson Director PD-2001-64 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-64, Zoning By-law Amendment Application AM-19/2001, 5200 Dorchester Road Applicant: Falls Masonry c/o William Slovak Proposal: Boundary Adjustment RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application for 5200 Dorchester Road that will affect a boundary adjustment and resultant zoning changes to the townhouse development and pass the related amending by-laws on this evening's agenda. THEPROPOSAL: Falls Masonry has requested an amendment to the Zoning By-law to rezone 254 sq. metres of land known as 5200 Dorchester Road (see Schedule 1). The land is shown on Schedule 2, attached as Part 2. The land is proposed to be rezoned from R4-516 to Single Family Residential R1B-129 in order to satisfy a condition ora recent consent application (BS0/2001/NF). The land is proposed to be conveyed from the townhouse development to 5235 Southgate Avenue. The resident has been using Part 2 as part of the rear yard for some time. As a result of the loss of Part 2, the townhouse development will fail to comply with the maximum lot coverage and minimum landscaped open space provisions of its site specific R4-516 zoning. The application proposes to modify these provisions accordingly. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, several government agencies and the public for comment. No concerns have been raised to date. }Forking Together to Serve Our Community Clerk's · Finance Human Resources Information Systems Legal Planning & Development Augustl3,2001 -2- PD-2001-64 PLANNING REVIEW: The following is a summary of staffs assessment of the application: 1. Official Plan There are no Official Plan policies affected by this application. 2. The Requested Amendment The requested amendment is appropriate. The amendment is, essentially, a technicality which has been requested in order to satisfy a condition of a consent application which will permit the conveyance of Part 2 to 5235 Southgate Avenue. The loss of Part 2 will not hinder the development and use of the townhouse lands as it will not eliminate any of the amenity space provided for the units. The loss of Part 2 will however result in a modification to the lot coverage and landscaped open space requirements due to the reduction in lot area. The modifications are minor: an increase in lot coverage fi.om 31% to 35% and a decrease in landscaped open space fi.om 45% to 43%. The amending by-laws are on Council's agenda this evening at the request of the applicant. 3. Site Plan Agreement An amendment to the site plan agreement affecting the townhouse development will be required in order to revise the plans and land description. CONCLUSION: The requested amendment can be supported for the following reasons: · The requested amendment is appropriate. J~ley Planner 2 The modifications to the lot coverage and landscaped open space provisions are minor. Edward P. Lustin'g-~ J Chief Administrative Offic~ ded by: yso% Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:am S:WDRX.2001 ~PD2001.64.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 5200 Dorchester Road Part of Township Lot 114 Former Township of Stamford, now City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Falls Masonry Limited AM- 19/2O01 Southgab P.~'r3 Avenue LOTI$ LOT II Por! CITY OF NIAGARA FALLS NOT TO SCALE Part 14 59R j ~9 .J RO,~ I I 46.97 NOTE: THIS SKETCH IS NOT PART OF STAMFORD TOWNSHIP LOT 114 CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA 2001 i~. 04442 J~IL£ ATTACHE[ NIA~A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905/641-5208 E-mail: plan@regional.niagara.on.ca August 2, 2001 Mr, Doug Darbyson, MCIP, RPP Planning Director City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 File: D.10.M.11.23 (AM-19/2001 Dear Mr. Darbyson: RE: Proposed Zoning By-Law Amendment Application Am-19/2001 Falls Masonry Ltd. Condition To Satisfy Consent Application B30/2001/NF Dorchester Road, south Of Southgate Avenue City Of Niagara Falls Public Meetin.q Date: Au.qust 13~ 2001 This rezoning application is intended to meet the conditions of Consent Application B30/2001/NF, which was approved by the Committee of Adjustment on May 22, 2001. This is a boundary adjustment whereby no new lots are being created. A condition of consent should be that Part 2 on the submitted plan becomes part and parcel of Part 3. This proposal Was reviewed by Regional Planning staff at the time of Consent and it was indicated that, from a Regional and Provincial planning perspective, there was no objection to approval. For that reason, Planning staff have no objection to the proposed Zoning By-law Amendment. Yours truly, Director of Planning an~/Development CWH/mg C: Regional Councillor W. Smeaton Mr. R. Wilson, Planner, City of Niagara Falls Mr. W. Stevens, Regional Public Works Department ChlPZB-AM 19 2001 -NF Corporate Services Department The City of Niagara FallsI Canada Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 355-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-65 August 13, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2001-65, Zoning By-law Amendment Application AM-17/2001, 4248 Huron Street Applicant: Aha Kolesar Proposal: Bed & Breakfast RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit the detached dwelling at 4248 Huron Street to be used as a bed and breakfast. THE PROPOSAL: Ana Kolesar has requested an amendment to the Zoning By-law to permit the establishment of a bed and breakfast (B & B) use within the existing dwelling at 4248 Huron Street (see Schedule 1). Schedule 2 illustrates the proposal. The lands are zoned Deferred Commercial (DC) in accordance with the Zoning By-law. The amendment requests a zone change to Residential Single and Two Family (R2-2) which permits a tourist home with not more than four rooms for tourists within an existing detached dwelling. CIRCULATION COMMENTS: Information concerning the requested amendment was circulated to City departments, govermnent agencies and the public for comments. Comments received to date indicate no objection to the proposal. Building and By-law Services has stated however, that they are to be contacted regarding requirements for the conversion of a dwelling to a B & B. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. Official Plan The proposal is within the intent and purpose of the Official Plan respecting B & B's. The lands are designated Residential in the Official Plan. The lands have been designated Residential along with the balance of the land bounded by Huron Street, Zimmerman Avenue, Morrison Street Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development August 13, 2001 - 2 - PD-2001-65 and CP Rail line since 1993 when the City updated its Official Plan. Lands under the Residential designation are intended to be developed for housing. A number of ancillary uses may be developed under the Residential designation, without amendment to the Plan, which include B & B's. B & B's may locate in areas where they are compatible with the neighbourhood, and their location, size and traffic generation are to be carefully regulated in order to minimize potential impacts and to ensure the residential character of the area is maintained. The proposed B & B is to be located within an existing 1,300 sq. ft. 2-storey detached dwelling. No building additions are proposed at this time. The size and configuration of the lot (as shown on Schedule 2) is such that there is sufficient space for parking and amenity space within the rear yard. The property's location on Huron Street provides ready vehicular and pedestrian access to River Road, the Falls and other attractions. 2. The Requested Amendment The requested amendment is appropriate for the proposal. As noted above, the lands are zoned DC. The applicant has requested the zoning of the lands to be changed from DC to a site specific R2 zone to accommodate the proposed Bed and Breakfast use. Instead of applying a site specific R2 zone to the subject lands, the R2-2 zoning which affects the lands south of Morrison Street to Hiram Street, and east of the CP Rail Line, should be placed on the subject lands. The R2-2 zone permits a four-room Bed and Breakfast and will achieve the same effect. Council recently approved a similar application for 4761 Zimmerman Avenue which rezoned that property fi'om DC to R2-2. The amendment will also bring the subject lands into conformity with the Official Plan. CONCLUSION: The requested amendment can be supported for the following reasons: · The proposal is within the intent and purpose of the Official Plan respecting B & B's. · The residential character of the property will be maintained. · There is sufficient lot area for parking and amenity space. · The site has ready access to River Road which serves as an arterial road. · The R2~2 zoning is appropriate for the proposal. by: Sley ' Planner 2 Recommended by: ysT Director of Planning & Development R~.t fully submitte-dz~ Edward P. Lusting_-/ Chief Administrative Office~,~ Approved by: Tony Ravenda Executive Director of Corporate Services ~[~DRa~001 ~PD2001.65.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 4248 Huron Street Applicant: Ana Kolesar AM- 17/2001 I :lq-rs .8 NIA' A PLANNING AND DEVELOPMENT DEPAR TMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca August 2, 2001 Mr. Doug Darbyson, MCIP, RPP Planning Director City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: Zoning Amendment Application AM-17/2001 Ana Kolesar To Permit a Tourist Home 4248 Huron Street City Of Niagara Falls Public Meetin.q Date: Au.qust 13, 2001 File: D.10.M11.23 (AM-17/2001) This application is to permit rezoning from Deferred Commercial (DC) to Residential single and two-family (R2-2) to permit a Tourist Home (Bed and Breakfast) containing two bedrooms for tourists in an exiSting dwelling. The lands are within the Urban Area Boundaries for Niagara Falls, as established in the Regional Policy Plan, and full municipal services are available. Planning staff have reviewed this application relevant to Regional and Provincial policies and have no objections to the proposed amendment. You rs~v; Director of Planning and,Oevelopment CWH/mg C: Regional Councillor W. Smeaton Mr. R. Wilson, Planner, City of Niagara Falls Mr. W. Stevens, Regional Public Works Ch/ZA-AM 17 2001-NF M.C. EXCAVATING Fax~ ($19) 85S-~335 * RO, Box 336, Rock. rood, OnL NOB 2KD July 27,2001. DirecLol u£ ?la:ming ultd Developmen£ City Hall 4310 Oueen Street Nia§ere F~lls, Ontario I.~E 615 gel City File AH-17/20~1; en zmend Zoning By-law NO. 79-200 for the land Please be advised that the company has no objections to amnn~ thn Znnin£ By-law. The company wishes to b~ ~otifi.d o{ the adoption of the proposed Sincerely Yours Mike Carnicelli P~ESI~ENT Jill The company owns property known as 4741 gimaerman Ave. j& DEVELOPMEN; The City of Niagara Falls ~1~.~1~ Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Doug Darbyson Director PD-2001-66 Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city,niagarafails.on.ca August 13, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Fails, Ontario Members: Re: PD-2001-66, Zoning By-law Amendment Application AM-16/2001, 1948 Stanley Avenue Applicant: Peninsula Towing c/o Sherry Wilding Proposal: Vehicle Storage Compound RECOMMENDATIONS: It is recommended that Council approve the Zoning By-law amendment application to permit a vehicle storage compound to be established at 1948 Stanley Avenue subject to the satisfaction of the following conthtions 1) the amending by-law include landscaping provisions that require a 30-foot landscape strip along Stanley Avenue and 20-foot landscape strips along all other property lines; and 2) that a site plan agreement satisfactorily addressing the landscape concerns noted in this report be entered into with the applicant prior to the passing of the amending by-law. THE PROPOSAL: Peninsula Towing has requested an amendment to the Zoning By-law to permit the establishment of a vehicle storage compound on the property known as 1948 Stanley Avenue (See Schedulel). Schedule 2 illustrates the proposal. The lands are zoned Light Industrial (LI) in accordance with the Zoning By-law No. 79-200. The amendment proposes to add a vehicle storage compound as a permitted use within the existing LI zoning. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, several government agencies and the public for comment. No objections to the application have been received. Building and By-law Services has stated that building permits are required to be obtained prior to the commencement of any construction. Working Together to Serve Our Community Clerk's Finance Human Resoumes Information Systems Legal Planning & Development August 13, 2001 - 2 - PI.~NNING REVIEW: The following is a summary of staffs assessment of the application: 1. Official Plan PD-2001-66 The proposal is within the intent and purpose of the Official Plan. The subject lands are designated Industrial in the Official Plan. Policies of the Plan respecting the location of industrial uses along arterial roads encourage and promote high quality design and a business park environment with improved aesthetics. Specifically the policies require generous on-site landscaping and building setbacks, the prohibition of outside storage and the non- proliferation of small free standing buildings. The subject lands are located at the northern end of Stanley Avenue. This area of Stanley Avenue has a mixture of land uses: industrial, legal non-conforming residences and small-scale farming. Although Stanley Avenue is an arterial road with a high volume of traffic, it is not a road with high visibility such as lands abutting the QEW. Because of this, and the nature of the existing land uses in the area, the proposal to use the subject lands as a vehicle storage compound, if treated as noted below, will be in keeping with the Plan's industrial policies. The Plan also encourages the cessation of legal non-conforming uses so that the lands may then be utilized for a purpose that conforms with the Plan. The proposal is a redevelopment of a legal non-conforming residential use of the lands. Thus, the proposal achieves a goal of the Plan by the removal of a legal non-conforming use. The site plan illustrates that over 30 feet of landscaping will be provided along the Stanley Avenue frontage. This area should be bermed and well landscaped in order to assist in screening the vehicle compound. The north property line should also be well landscaped as it borders an existing truck repair business with an extensive gravel parking/storage area. Should the north property line not be landscaped, there is a likelihood that gravelled parking areas will blend together resulting in a large open area that would detract from the aesthetics of the site. Because of the importance of landscaping and its role of screening the compound, it is recommended that a site plan agreement be entered into with the applicant. The Requested Amendment The requested amendment is appropriate for the proposal. The lands are currently zoned Light Industrial (LO according to the Zoning By-law. The applicant proposes to retain the LI zoning and add a "vehicle storage compound" as a permitted use. Such a request is appropriate. A vehicle storage compound is in keeping with the uses found in the LI zone and retention of the LI zoning will ensure that lighter uses establish on the lands should further redevelopment occur in the future. In order to secure the landscape requirements noted above, the amending by-law should include landscape provisions that are specific to the site. Site Plan Agreement It is recommended that a site plan agreement be entered into with the applicant. A site plan agreement with a landscape plan designed by a landscape architect will ensure that there is a high quality of landscaping in order to address screening and aesthetics. As the applicant may not August 13, 2001 - 3 - PD-2001-66 convert the dwelling into an office at the same time as the storage compound is initiated, the usual timing of a site plan agreement just prior to a building permit application is not appropriate. Therefore, staff are recommending that a site plan agreement be entered into with the applicant prior to passage of the amending by-law. CONCLUSION: The requested amendment can be supported for the following reasons: · The proposal is within the intent and purpose of the Official Plan. · The proposal is in keeping with other permitted LI uses. The development, if properly landscaped, should result in an attractive and aesthetically pleasing site. Planner 2 Recommended by: Doug Darbyson Director ofPlarming & Development Rerql~')fully sub~mitted: -~ Chief Administrative Officer/ Approved by: Tony Ravenda Executive Director of Corporate Services JB:lp S:~DR~200BPD2001-66.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 ~ ® 1948 Stanley Avenue Applicant: Peninsula Towing AM- 16/2001 1 :NTS 2001 PLAt~NING DE'V~ NIA'~A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-maik plan@regionaL niagara.on.ca August 2, 2001 Mr. Doug Darbyson, MCIP, RPP Planning Director City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6×5 File: D.10.M.11.23 (AM-16/2001) Dear Mr. Darbysom RE: Zoning Amendment Application AM-16/2001 Peninsula Towing To Permit A Vehicle Storage Compound East Side Of Stanley Ave., Between Fruitbelt Pkwy. and Hwy 405 City Of Niagara Falls Public Meeting Date: Au.qust 13, 2001 Planning staff have reviewed this proposal and note that the lands are within the Urban Area Boundary for Niagara Falls, as established in the Regional Policy Plan. The proposal to permit an additional use on an existing parcel in the Light Industrial (LI) Zone appears to conform to Regional and Provincial interests and Planning staff do not oppose the proposal. Because the lands front on Stanley Avenue, a Regional Road, any matters which the Regional Public Works Department wish to address (access and egress, e.g.) can be addressed at the site plan approval stage. CWH/mg AU6 0 C: Regional Councillor W. Smeaton Mr. R. Wilson, Planner, City of Niagara Falls Mr. W. Stevens, Regional Public Works Department Ch/Z.A-AM 16 2001-NF Niagora Fom,$ Canod~~m~' Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-72 August 13, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-72, Zoning By-law Amendment Application AM-14/2001, 6395 Garner Road Applicants: Frank & Elizabeth Liefl Agent: Gary Cook & Associates RECOMMENDATION: It is recommended that Council approve the requested amendment to the Zoning By-law to allow reductions to the lot area and lot frontage of Part 1, and the sideyard setbacks of the existing structures on Part 1 and Part 2; and also to preclude the use of the existing barn on Part 2 for livestock. PROPOSAL: The applicant proposes the severance of a farm retirement lot containing the dwelling known municipally as 6395 Gamer Road with the balance of the land remaining for agricultural use. The property is located on the west side of Garner Road, south of Lundy's Lane as shown on Schedule 1. The proposed configuration of the lots is shown as Part 1 and Part 2 on Schedule 2. The land is currently zoned A (Agricultural) through Zoning By-law 79-200, as amended. This zone category requires a lot area of 16 hectares (39.5 acres), a lot fxontage of 150 metres (493 feet) and an interior side yard width of 10 metres (33 feet). The applicant has requested reductions to the zoning standards for Part I for lot area (0.43 hectares/1.06 acres), lot frontage (56.4 metres/185 feet) and south side yard setback of the storage building (1.78 metres/5.8 feet). A reduction of the required north side yard setback to 7.53 metres (24.7 feet) for the existing barn on Part 2 and also a provision to preclude the use of the barn for livestock are requested. BACKGROUND: In February 2001, the City's Committee of Adjustment granted approval to Consent Application B11/2001/NF for a farm retirement lot (Part 1). This approval is subject to several conditions. The requested amendment addresses conditions regarding zoning compliance and concerns for the potential livestock use of the existing barn. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development August 13, 2001 - 2 - PD-2001-72 CIRCULATION COMMENTS: Information on the requested zoning amendment was circulated to City departments, the Region, agencies and the public for comment. The following summarizes the comments received. Regional Planning No objection to the application. The amendment would satisfy some of the conditions of consent approval and also addresses Regional staff concerns regarding potential livestock use of the existing barn. Municipal Works No objections. Conditions of the consent application address road widening requirements. Parks, Recreation & Culture - No objection to the proposed amendment. PLANNING REVIEW: Various matters were considered in assessing the zoning amendment. Based on this analysis, approval is recommended. The review of the application is smnmarized as follows. The proposal meets the general intent and purpose of the Official Plan. The City's Official Plan designates the majority of the subject land as Good General Agricultural with a watercourse on the site designated Environmental Protection Area. The Good General Agricultural policies only allow farm-related severances and certain infilling severances. The City's policies for farm retirement lots have been deferred by the Province, and therefore, the City must rely on the policies of the upper tier Regional Policy Plan. Farm retirement lot applications must meet specific Regional criteria. The City's Committee of Adjustment was satisfied that the related severance application met the intent of the Regional policies for the creation of a farm retirement lot. The approximately 53 acre (21.5 hectare) remnant parcel will remain for agricultural use addressing the Official Plan goal to preserve larger tracts of land in this area. The proposal will be compatible with surrounding development. The property is outside of the Urban Area Boundary located along Garner Road. There is a golf course abutting to the north and agricultural/rural uses exist to the west and south. There are some dwellings and a woodlot/wetland directly to the east within the urban area. Future residential development is planned in the Garner Neighbourhood beyond the woodlot. The proposed size of Part 1 is typical for a non-farm lot in the agricultural area. The lot area meets private sewage system requirements and limits the amount of land taken out ofpotanfial agricultural use. In this setting and in recognition of the existing structures, the south setback for the storage building on Part 1 should be sufficient. The zoning by-law permits the barn on Part 2 as a storage building accessory to the agricultural use of the property. Through the severance process, the Region identified concerns related to the potential livestock use of the barn due to inadequate separation fi.om the dwelling on Part 1 in accordance with Provincial requirements to minimize odour impacts. The Region suggested several ways to address the matter: i) demolish the barn; ii) enlarge Part 1 to include the barn; and iii) August 13, 2001 - 3 - PD-2001-72 rezone Part 2 to preclude livestock use of the barn. The applicants originally offered to remove the barn but now wish to retain the structure which is in good condition. A new barn for livestock use could be constructed elsewhere on the large property in compliance with Minimum Distance Separation requirements. The north setback of the existing barn to the proposed property line is a minor reduction to the zoning standard and still provides adequate separation from the dwelling on Part 1. CONCLUSION: The requested zoning amendment will satisfy several conditions of approval for the severance of a farm retirement lot. The City's Official Plan and Regional policies allow for the creation of similar sized lots for this purpose. The building setback reductions will recognize the existing structures. Precluding the use of the existing barn for livestock addresses Provincial separation requirements. Prepared by: Richard Wilson Plarmer 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S 5PDR~2001 ~D2001-72.wpd SCHEDULE 1 LOCATION MAP Subject Land Niagara Falls Amending Zoning By-law No. 79-200 Part of Township Lot 154 Former Township of Stamford, now City of Niagara Falls AM- 14/2001 Applicant: Frank & Elizabeth Liefl 1 :NTS REGIONAL MUNICI~AU"PI' OF NIAGARA NIA~A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4'r7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-maih plan@regional.niagara.on.ca August 2, 2001 Mr. Doug Darbyson, MCIP, RPP Planning Director City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: File: D.10.M.11.23 (AM-14/2001 ) Zoning By-Law Amendment File 1412001 Frank And Elizabeth Liefl To Satisfy Conditions of Consent To Sever West Side Of Garner Road, south Of Lundy's Lane City Of Niagara Falls Public MeetinR Date: AuRust 13~ 200t PLANNIN~ The proposed amendment to the By-law is to satisfy conditions of approval Of a Consent to Sever application granted by the City's Committee of Adjustment (File Bll/2001/NF) on February 27, 2001. Specifically, the Amendment will reduce the zoning standards for lot area, lot frontage and south side yard setback for a storage building on Part 1; and reduce the required north side yard of the existing barn on Part 2 and to preclude the use of the barn for housing livestock. Regional Planning staff do not object to this Zoning By-law amendment proposal on the basis that its intent is to clear some of the conditions of the Committee of Adjustment. The Amendment also addresses concerns that Planning staff had regarding livestock being housed in the existing barn and the preclusion of use of the barn for livestock. Yours truly, ~-~;)avid J. Farley ~ Director of Planning and Development CWH/mg C; Regional Councillor VV. Smeaton Mr. R. Wilson, Planner, City of Niagara Falls Mr. W. Stevens, Regional Public Works Department Mr. J. Turvey, Ministry of Agriculture, Food and Rural Affairs, London Ch/ZBA-14 2001-NF The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca August 13, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Re: PD-2001-70, Official Plan and Zoning By-law Amendment Application, AM-ii/2001 6365 Drummond Road Applicant: Ralph Terrio Agent: Dennis Savriga Proposed Residential Redevelopment Doug Darbyson Director PD-2001-70 UNCOLLATED LATE COUNCIL REPORT RECOMMENDATION: It is recommended that Council deny the application for the proposed residential redevelopment of 6365 Drummond Road in favour of a redevelopment that is in keeping with the policies of the Official Plan. THEPROPOSAL: Ralph Terdo has requested an amendment to the Official Plan and Zoning By-law to permit a residential redevelopment of 6365 Drummond Road, as shown on Schedule 1. Schedule 2 illustrates the proposal. The proposed redevelopment as shown involves: conversion of the existing building into an apartment building containing 30 one-bedroom and/or bachelor units; · the construction of 10 on-street townhouses along Ash Street; and · the construction of one semi-detached dwelling on Murray Street. The proposed on-street townhouses may be replaced by either semi-detached or single-detached dwellings dependant upon market conditions. The lands are currently designated Residential in the Official Plan with specific policies permitting a liquidation centre, an auction hall and accessory offices until the lands are redeveloped for residential purposes. The applicant is requesting an amendment to the Official Plan to replace the current policies with new policies that would pemfit the existing building on a portion of the site to be converted into an Working Together to Serve Our Community Clerk's Finance Human Resources · Information Systems Legal Planning & Development August 13, 2001 - 2 - PD-2001-70 apartment bnilding with amaximum densityofup to 100unitsperhectare (40traits per acre). The Official Plan's residential policies would permit a density of 50 units per hectare (20 units per acre) on the entire site. The zoning of the lands was changed last year to a site specific Residential Mixed zone (R3-529) which would permit four on-street townhouses with up to 26 dwelling units. This zoning is requested to be changed to three site specific zonings: Residential Apartment 5C Density (R5C) zone to permit the apartment conversion; Residential Mixed zone (R3) to permit the proposed townhouses along Ash Street; and Residential Single and Two-Family zone (R2) to permit the proposed semi on Murray Street. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, several government agencies and the public for comment. Comments received to date are noted below. · Municipal Works See attached memorandum Building & By-law Services Requirements of the Ontario Building Code shall be addressed during the site plan approval process. Fire Services Fire safety concerns will be addressed during site plan approval and building permit review. · Parks, Recreation & Culture 5% cash-in-lieu of parkland will be required. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. Current Zoning The current zoning of the entire site would permit 26 on-street townhouse units. In October of last year, Cotmcil approved a residential redevelopment scheme for the subject lands. Tiffs development involved the construction of 26 on-street towrLhouse dwelling units, arranged in four blocks, with two blocks each fronting onto Murray Street and Ash Street. Certain zoning provisions were reduced for this development, however, given its low density and low-rise character, the reductions were acceptable. The proposal is in keeping with the policies of the Official Plan, is compatible with surrounding lands and represented a desirable residential development given the low-density character of the neighbourhood. The current zoning is an example of the "Smart Growth" concept. The "Smart Growth" development concept, as promoted by the Province and Regional Niagara, essentially envisages a more intense form of urban development that will result in a greater utilization of municipal services and infrastructure. The subject lands are well suited to such a development concept. The current zoning is at a higher density but is in keeping with the character of the neighbourhood. August 13, 2001 - 3 - PD-2001-70 2. Official Plan The proposed apartment conversion does not comply with the residential policies of the Official Plan. The lands are designated Residential in the Official Plan. While a mix of housing types is encouraged in the Plan, they are not to be mixed indiscriminately but arranged in a gradation of building heights and densities. Subdivisions of single detached and semi-detached dwellings are developed at a density of 10 units per acre. Developments of townhouses and low-rise apartments should be built at a density of 20 units per acre. These developments are of the type that are located within residential neighbourhoods and integrated within plans of subdivision. Typical projects which comply with these criteria are listed below: Current Approval 26 on-street townhouses 17 units per acre Dorchester Gardens 21-unit townhouse 9 units per acre Rosemont Condominium 24-unit townhouse 10 units per acre Bumfield Lane Condominium 24-unit townhouse 9 units per acre These developments have densities and are in locations that are consistent with the Official Plan. As such, they are well designed with generous landscaping and amenity space and are integrated into the sun'ounding neighbourhood. The apartment conversion is proposed at a density of 40 units per acre, well in excess of the 20 units per acre stipulated by the Official Plan for low-rise projects. Typical developments of the 40 trait per acre magnitude are listed below: Proposed apartments, NE comer Two, 6-storey buildings 26 units per acre of McLeod Rd. & Kalar Rd. Duffefin Place CondominJmn 8-storey high-rise 40 units per acre 6390 Huggins Street 7-storey high-rise 41 units per acre (condominium conversion) 3955 Portage Road 9-storey high-rise 41 units per acre Densities at 40 units per acre are typically occupied by high-rise buildings 6 to 9 storeys in height. Moreover, developments of this scale are to be located at the periphery of residential neighbourhoods and in close proximity to commercial districts. High-rise buildings have lower building coverages in order to provide appropriate landscaping and amenity space. The proposed development is attempting to achieve a high-rise density in a low-rise building format. This results in a variety of site deficiencies. Landscaping has been reduced from the required 40% to 15% in order to maximize the unit number. Only 6 feet of landscaping is provided along Drummond Road with 5 feet adjacent to the townhouses and the semi. This amount of landscaping will not provided sufficient buffering and screening of the parking area and will not adequately provide for streetscaping along Drummond Road. August 13, 2001 - 4 - PD-2001-70 A lack of amenity space. No amenity space is provided for the apartment conversion. The parking area is set virtually flush with the rear of the existing building thus eliminating the opportunity for patios and gardens. Balconies have not been provided for the first or second floor. Landscaping, as noted above, amom~ts to token buffering. b) The proposed apartment conversion does not comply with several policies of the Official Plan that relate to residential conversions. The Official Plan policies respecting housing contain specific policies relating to the conversion of non-residentiai structures to a residential use. The Plan has five tests for conversions: The lot is insufficient in size and configuration to accommodate adequate parking, greenspace and amenity areas. As noted above, the site design maximizes the number of units, at the expense of landscaping and amenity space. A more sensitive design, albeit with a lower unit number, could easily be achieved. Various scenarios are conceivable ranging t~om an addition to the existing building with elimination of the townhouses to the existing approval that proposes 26 on-street townhouse units. The apartment conversion, when combined with the proposed townhouses and semi's, is not compatible with the character and land use of the surroundings. Compatibility is measured in terms of density, building mass and height, setbacks and orientation. The proposed semi and on-street townhouses are ora scale and form that are compatible with the neighbourhood. On its own, the existing building, when converted to an apartment, would have a certain compatibility given that it has existed for a number of years. However, when the housing types are combined in the manner shown and at the density proposed, the level of compatibility diminishes to the point where land use conflicts may arise. The development proposal should be scaled back in order to achieve a more compatible and sensitive design. It is unknown if the existing building is capable of supporting the intended residential use. In order to ascertain as to whether the existing building can support the proposed use, the applicant will have to engage an architect and structural engineer to fully investigate the building. To date, no information regarding such an investigation has been submitted. As such, staffis unable to determine if the proposal can be achieved. c) The proposed Official Plan amendment is inappropriate. In staff's opinion, the proposed Official Plan amendment, stating that the existing non-residential structure on the lands can be redeveloped to a density of 100 units per hectare (40 units per acre), is not appropriate. Given the above issues of non-compliance, the proposed amendment is not in keeping with the intent and purpose of the Official Plan. Amendments to the Plan may be considered where the proposal satisfactorily den~onstrates that issues of compatibility, design and ftmction are within thc intent of thc Plan. The proposal offers no justification of the extremely high density and its resultant adverse effects. Accordingly, staff cannot recommend the an~endment. The Requested Zoning By-law Amendment The application of the requested zone categories is inappropriate to the proposed development. Individually, application of the requested zone categories to the housing types August 13, 2001 - 5 - PD-2001-70 proposed would be acceptable. However, in the mix, density and site design proposed the zoning requested cannot be supported. The R5C zone has been requested for the proposed apartment conversion. The applicant is proposing several reductions to the R5C zone provisions. Provision RSC Zone Provision Proposed Provision Minimum front yard 7.5 m 0 Minimum exterior side yard 7.5 m 0 Minimum landscaping 40% 15% The above table illustrates that significant reductions are requested. The reduction in landscaping is particularly significant for the reasons noted above. The R3 zone is typically applied to on-street townhousing. In order to fit the 10 units of townhousing on the site, the applicant is proposing several modifications to the standard R3 zone requirements. Provision 113 Zone Provision Proposed Provision Minimum lot area 200 sq. m/dwelling trait 180 sq. m/dwelling unit Minimum front yard 6 metres 4.5 metres 6 metres (garage) Minimum rear yard 7.5 metres 6 metres Maximum lot coverage 40% 60% Minimum parking 1.4 spaces/dwelling unit 1 space/dwelling unit in an attached garage The above table clearly demonstrates the intensity of the development. Of note is the reduction in lot area by 10% and the increase in lot coverage by 20%. The requested modifications are not justified by the applicant. The southwest comer of the site is proposed for a semi-detached dwelling to be zoned R2. The R2 zone typically applies to areas where semi-detached dwellings are developed. While this may be the typical application of an R2 zone, the inclusion of the one semi appears to be at odds with the multi-unit concept for redevelopment and, again, seems to be proposed merely to maximize the unit count. Design Alternatives There appears to be several alternative design concepts that better achieve compatibility with the area. The current approval proposes 26 on-street townhouses set within four blocks, two blocks each fronting onto Ash Street and Murray Street. The proposal met the density reqnirements of the Official Plan and although certain modifications to the standard R3 zone provisions were required, staff were supportive of it and recommended its approval. August 13, 2001 - 6 - PD-2001-70 The location of the lands on Drummond Road favours a multi-unit concept. The OfficialPlan states that multi's should be located at the peripheries of residential neighbourhoods and in close proximity to arterial roads. Because of this, townhousing or a single, low-rise apartment would be the preferred option. The existing building converted to an apartment as proposed, on its own, is one option. An addition to the existing building, properly designed, is also conceivable. The remainder of the site could be arranged into a parking area and amenity space with sufficient landscaping for buffeting. Another alternative is developing the land for single detached dwellings and semi's. The land could be subdivided into 12 lots with a single fronting onto both Ash and Murray at the west end of the lands and 10 semi lots east toward Drummond Road. The applicant has proposed a land use of semi's or singles as well as the tow~ouses along Ash Street. These would not be acceptable if combined with the apartment conversion as proposed. A possible solution could be an application of a modified site specific R3 zoning that would permit a certain flexibility of development. The proposed alternative would be an 1t3 zoning that permits an apartment conversion of the existing building for not more than 30 units, the current on-street townhouse approval for 26 units or the development of the lands into semi's or singles. Such a zoning would be in keeping with the policies of the Official Plan, compatible with the surrounding area and allow the applicant flexibility in the type of development. CONCLUSION: The requested amendments cam~ot be supported for the following reasons: · The current approval represents an acceptable development proposal of the lands. The proposed Official Plan amendment is not appropriate and not within the intent and purpose of the Official Plan. · The proposed Zoning By-law amendment is inappropriate. · There are design alternatives that would conform to the Official Plan, be compatible with the surr/~unding lands and allow for a mix of housing. /7 Respectfully ~bmitted: , x~ pl~~ey ~dj~Ad dP .r~ .~.~ a-~h., eV O/ff.~c ¢ r Recommended by: D '~o'-'-~n Director of Planning & Development Approve~d by: ~ ~ Tony Rax~enda / // Executive Director of Corporate Services Jg:tc S :%PDR~2001 ~PD2001-70.wpd SCHEDULE 1 LOCATION MAP Subject Land Amendiiig Official Plan & Zoning By-law No. 79-200 6365 Drummond Road All of Lots 322 to 330 Cln~lusivo) & Part of Block "A" Registered Plan 40 · City of Niagara Falls Applicant' Mr. Ralph Terrio AM-11/2001 1 '.NTB SCHEDULE Community Services Department Municipal Works Inter-Departmental Memorandum From: Ken Mech Manager of Current Planning Brad Simpson, C.E.T. Infrastructure and Drainage Technician Ext. 4102 June 15, 20( of Niagara Falls ~_ RECEIVE[ JUN 1 9 001 Pt.ANNtNG & DEVELOPMENT Subject: AM-II/2001, Official Plan & Zoning By-law Amendment Application 6365 Drummond Road, Former Union Centre Conversion of Former Union Centre to a 30 Unit Apartment Building 10 On-Street Townhouse Dwelling Units 1 Semi-Detached Dwelling Owner; Ralph Terrio Agent: Dennis Savriga Please be advised that the Municipal Works Department has had an opportunity to review the above referenced application and would have the following comments to offer: Roadways The subject lands abut Drummond Road, Murray Street and Ash Street. All of the above right-of- ways are under City jurisdiction. Drummond Road has an existing width of20.12 meters (66. 0~) and a desired width of26.21 meters (86.0'.). The applicant will be required to provide the City with a 3.05 meter (10.0') road widening along Drummond Road complete with a daylighting triangle with 7.0 meter legs at the intersection Drummond Road and Ash Street. Murray Street has an existing insufficient width of 13.72 meters (45. 0~) and a desired width of20.12 meters (66.0'.). Due to the fact that'the existing building is to remain, a road wideaing would be inappropriate at this lime. Ash Street has afrexisting width of 13.72 meters (45.0') and a desired width of 20.12 meters (66. 0'). There has historically been a problem with on street parking due to inadequate asphalt widths to facilitate two way traffic and a single mw of parking in a safe manner. Staff is of the opinion that requesting a road widening in accordance with the City's Official Plan would not be appropriate at this point in time. However, to achieve a safe cross sectionthat wouid consist oftwo lanes of traffic, on street parking on one side of Ash StreeT, curb and gutter, and a sidewalk complete with a minimal width boulevard for snow storage. The Mugicipal Works Department would require a minimum road widening of 1.67 meters (5. 5'), which is substantially less than a 3.2 meter dedication which is the ultimate widening required to conform to the City's Official plan. Cunt'd Pg.2... It should also be noted that the proposed vehicular entrance to Ash Street is located too close to the Drummond Road intersection to support safe traffic movement. This will have to be relocated and ~ can be addressed at the site plan stage. Underground Municipal Services The following underground municipal services are available: Murray Street - a 150 mm (6'9 diameter watermain; - a 375 mm (15") diameter storm sewer; - a 675 nun (27'9 diameter sanitary sewer. Ash Street - a 200 mm (8") diameter watermain; - a 225 mm (9") diameter combined sewer. Drummond Road - a 200 mm (8'') diameter watermain; - a 1200 mm (48") diameter storm sewer; - a 450 mm (18'') diameter and a 250 mm (10'') diameter sanitary sewer. There is no storm sewer on Ash Street and the residents have been susceptible to basement flooding during rainfall events. As proposed, this development will undoubWatly increase the run-offto Ash Street and aggravate the existing flooding. Therefore, to ensure that no negative impact is felt by the area residents, the applicant will be required to construct an adequate storm sewer across the entire frontage along Ash Street. This will involve extending a storm sewer from Murray Street on the east side of Drummond Road. Due to the namber of road cuts required on Ash Street to service the onstreet townhonses, the developer will be required to mill down the entire service area of the roads and place a single asphalt patch on the road. These concerns can be addressed during the site plan process. Sidewalks Sidewalks Prese~n~fly exist on Drummond Road, Murray Street and Ash Street, but only'west of the subject lands. If approved, the applicant will be required to provide a connecting link to Drummond Road by paying for a sidewalk across the entire frontage along Ash Street. This can be addressed through a site plan agreement. Site Plan Control Planning staffhas indicated that the applicant will be required to enter into a site plan agreement. Servicing and grading issues will be ad&ess in more detail at this time. Development Charges The applicant will be required to pay the cost of the applicable development charges in place at the Cont'd Pg 3.; -3- time of building permit issuance. The City's current Development Charges By-law indicates that no development charges will be taken on any residential lot registered prior to January 1, 1962. The subject lands include Lots 322 to 330 inclusive on Registered Plan 40. Therefore, the applicant will receive credit for the 9 residential lots. Relief of Part Lot Control It is understood that the applicant will be applying for relief from part Lot Control. At that time, the Municipal Works Department will be reviewing the need to imposing subdivision type conditions such as decorative street trees and the adequacy of street lighting. Conclusion The Municipal Works Department would have no objections m offer subject m the following conditions: 1. The City be dedicated a daylighting triangle with 7.0 meter legs at the intersections of Drummond Road and Ash Street. 2. The City receive a 1.67 meter road widening along Ash Street. 3. The City receive a 3.0 meter road widening along Drummond Road. 4. The Developer construct a proper size storm sewer on Ash Street. 5. The developer should be required to widen the existing asphalt on the south side of Ash Street by approximately 1.2 meters to achieve minimum vehicular movement widths with on street parking, and construct full curb and gutter complete with any catch basin relocations required aerossthe entire fi'ontage; 6. The developer construct a 1.5 meter wide sidewalk along the Ash Street frontage. Ail of the above can be addressed through an external servicing agreement at the time of Site Plan Control. c. A. Kon R. Kallio M. Brown P. Corfield S. Felicetti BS:lb Brad Simpson, C.E.T. Infrastructure and Drainage Technician PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3830 Fax: (905) 641-5208 E-mail: plan@regionaLniagara.on.ca August2,2001 Mr. Doug Darbyson, MCIP, RPP Planning Director City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: Official Plan And Zoning By-Law Amendment Your File: Am-1 t/2001 To Permit Apartment, Semi-Detached, Single-Detached and/or Street Townhouse Dwelling Units Lands Bounded By Ash St., Drummond Rd. and Murray St. City Of Niagara Falls Public Meeting Date: August 131 2001 Files: D.10.M11.21 D.10.M.11.23 (AM- 11/2001 ) & DEVELOP EN? The subject lands are within the Urban Area Boundary for Niagara Falls, as established by the Regional Policy Plan and are on full municipal services. A two-storey commercial building is intended to be conver[ed into an apadment building containing 3 one-bedroom and/or bachelor units, either semi-detached dwellings, single- detached dwellings, or 10 on-street townhouse dwelling units are to be constructed along Ash Street, and a semi-detached dwelling will be constructed on Murray Street. Regional Planning staff have reviewed this application from a Regional and Provincial planning perspective and have no objection to its approval. The proposal could be considered to constitute "Smart Growth" in that fuller use of existing municipal services will be attained by intensification of land use. It is anticipated that any potential issues regarding the surrounding residential development can be appropriately considered and addressed at the site plan approval stage. Your~uly, David J. Farley Director of Planning and Development CWH/mg C: Regional Councillor W. Smeaton Mr. R. Wilson, Planner, City of Niagara Falls Mr. W. Stevens, Regional Public Works Department Ch/OP ZBA-AM 11 2001-NF July 30, 2001 RE: City File AM- 11 / 2001 Amendment of Zoning By- law No. 79 - 200 We are residents that live in the neighbouring area of 6365 Drummond Rd and have read the official plan and zoning by-law amendment application. We are submitting this Petition as our "written comment" in order to express our views on the amendment for the "parcel of · land known as 6365 Drummond Rd." We are strongly opposed to the land being changed "in parts to a site specific Residential Single Family and Two-Family (R2) zone, a site ·specific Residential Mixed (R3) zone, and a site specific Residential Apartment 5C Density (R5C) zone to accommodate the proposed development." We believe that such a development will dramatically reduce the property value of our homes as well as attract unruly tenants. We hope that Council will seriousIy consider our viewpoint when making its final decision. AU6 0 3 ~'~01 NAME ADDRESS we the neighbours of Murray and ash streets are complefly opposed to the building of single. & or bachelor units being built on the site known as Drummond road Niagara falls ontario 6365 we the neighbours of Murray and ash streets are completly opposed to the building of single. & or bachelor units being built on the site known as 6365 Drummond road Niagara falls ontario we the neighbours of Murray and ash streets are completly opposed to the building of single. & or bachelor units being built on the site known as 6365 Drummond road Niagara falls ontario we the neighbours of Murray and ash streets are completly opposed to the building of single & or bachelor units being built on the site known as 6365 Drummond road Niagara falls ontario we the neighbours of Murray and ash streets are completly opposed to the building of single. & or bachelor units being built on the site known as 6365 Drummond road Ntagar4 falls ontario -'~~' '', / ~" ~ ~'- '""'~¢l '"~F · ,. ,., E,,.,-a.,~.c.~ / ~d--h' ¥ ~-,4,t,-',~_~: / we the neighbours of Murray and ash streets are completly opposed to the building of single & .or bachelor units being built on the site known as Drummond road Niagara falls omario ~ z-t X,] 6365 Niagara Falls Can Jl Corporate Services Department Planning & Development 4310 Queen Street P,O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarefalls,on.ca Tel: (905) 356o7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls,on.ca August 13, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Doug Darbyson Director PD-2001-69 Members: Re: PD-2001-69, Official Plan Amendment AM-l/99 Heartland Forest Resort Commercial Development RECOMMENDATION: It is recommended the Council approve the Official Plan amendment, in principle, subject to the inclusion of special policies in the amendment document to address matters outlined in this report. The Proposal: An application has been received from Heartland Forest Trinity Park Ministry to establish a large-scale resort commemial development on two parcels of land being approximately 263 acres in size. The subject parcels are divided by an unopened mad allowance, owned by the City, which is also part of the application. The subject lands are situated on the west side of Kalar Road, south side of Brown Road, east of Garner Road as shown on the attached Schedule 1. Originally advertised, the resort proposed to include: a 300 mom hotel; 350 cottage villas; 150 recreational vehicle lots (trailer park); 5,000 seat outdoor amphitheatre; a 500 seat indoor theatre; 36,000 sq. ft. meeting/conference facilities; a chapel for small services; indoor water park; indoor sports area; various recreational facilities including baseball diamonds, soccer fields, golf facilities, picnic area and nature trails; Main Street retail area; environmental interpretation centre; and walking trails. The application has been revised with a slight reduction in the number of accommodations for overnight visitors. A fact sheet outlining the proposed uses for the site is attached as Schedule 2. A preliminary site plan for the proposed development is attached as Schedule 3. The Requesied Amendment: The subject lands are currently designated in part Environmental Protection Area and Industrial in the City's Official Plan. The Environmental Protection Area designation refers to a portion of a large wet woodlot on the property, which is considered a Provincially Significant Wetland, as well as the }Forking Together to Serve Our Community Clerk's Finance Human Resoumes Information Systems Legal Planning a Development August 13, 2001 - 2 - PD-2001-69 floodplain of a tributary of Thomson's Creek. The application proposes to maintain these features. Refinement, based on detailed study of the Environmental Protection area boundary, is proposed. Nature trails are proposed for the wet woodlot subject to further study. The concept site plan submitted with the application shows the ponding of the tributary to Thomson's Creek for geological and aesthetic enhancement. The portion of the land designated Industrial is proposed to be changed to Resort Commercial to allow for the resort commercial uses mentioned above. As a result of comments received during the processing of this application, site specific special policies could be added to address particular issues. Should this application to amend the Official Plan be approved, an amendment to rezone the lands to Resort Commercial and better delineate the boundary of the wet/woodlot and floodplain of the creek tributary would be processed in the future. At this stage appropriate development setbacks, landscaping, parking and building heights and locations will be finalized. Currently, the lands are predominantly zoned Heavy Industrial with a portion of the lands zoned General Industrial and the floodplain of the creek tributary zoned Hazard. CIRCULATION COMMENTS: Information concerning the requested amendments was circulated to City depathnents, several government agencies and the public for comments. A summary of the comments received are attached as Schedule 4. PLANNING REVIEW: The City's Official Plan indicates that when considering an amendment to the Official Plan, Council shall consider the following matters: The Extent to Which Existing Areas of the City Designated for the Proposed Use are Developed or Available for Development There is only one area of the City currently designated for Resort Commercial purposes. These lands are situated on the east side of the QEW, south of the Welland River and north of Lyun's Creek Road. There have been a couple of large resort commercial proposals contemplated for these lands and options to purchase lands are still being held by Vedaland with the object of developing a large-scale development. There are also servicing constraints associated with developing the site. Given the development of the permanent Casino, there is obviously going to be further interest for resort commercial development and given the lack of current designated sites in the City's Official Plan other land use designations will have to be considered. The Availability of Adequate Municipal Services and Facilities for the Proposed Use and its Impact on the Transportation System, Community Facilities and Natural Environment Despite the location within the City's urban area boundary, the property is not fully serviced by typical municipal services and utilities and, as a result, the timing of this development will be an important part of the City's overall strategy to construct proper facilities in this area. The servicing issues are as follows: August 13,2001 - 3 - PD-2001-69 Sanitary Sewer The preliminary servicing report prepared by Upper Canada Consultants in support of this application suitably identifies the existing 1,370 mm diameter sewer crossing of the QEW as the outlet. It also recognizes that the Region's high lift pumping station is experiencing wet weather flow problems which will require ongoing monitoring as the Region is currently upgrading this facility. The report further contemplates the construction of a pumping station near the southeast comer of the site from which the sewage flows will be conveyed to the QEW crossing at Montrose Road. Municipal Works are currently examining servicing alternatives which will minimize the amount of infrastructure required and address the Region's concern with respect to wet weather problems at the High Lift Pumping Station and are including this proposal in our review. It is assumed that since the site will be serviced by private roads and the system will service only this site, the on-site sanitary sewers and pumping station will also be privately owned and operated. Staff does not expect there will be any concern with respect to system capacity but would like to continue to work with the proponents to confirm a suitable alignment for the connection to the outlet. The application contemplates the private treatment of grey water before discharge into the watercourse system. Appropriate plans and studies will be necessary at the rezoning stage and will need the approval of all relevant agencies. Water There is an existing watermain on Brown Road which can provide a sufficient potable water supply and fire protection for the proposed theme park. The Region is reviewing the trunk distribution needs for the City and for this area. Accordingly, trunk system improvements may be required to accommodate the new developments in this area. Traffic The Traffic Impact Study prepared by Totten, Sims & Hubicki Associates (April 1999) considered the impacts of the proposed development, as well as other large contemplated development projects, on the traffic infrastructure. The report discusses necessary improvements to the internal road network funnelling traffic from the arterial road system to the proposed development such as Brown Road and Kalar Road. Necessary intersection improvements to the Brown Road and Montrose Road intersection and possibly Montrose Road/Lyon's Creek Road have been identified. The traffic report assumes there will be no traffic generated by the development using Kalar Road and minimal traffic on Garner Road between Brown Road and McLeod Road. Signage and operational measures have to be taken to ensure this takes place in order to minimize impacts on the Garner Neighbourhood. The report identifies an operational concern at the signalized intersection of MeLeod Road and QEW south bound o ff-ramp, which needs to be addressed in the context of all the planned development in this area. Notwithstanding the consultants comments regarding Heartland Forest not having any responsibility for off-site traffic impacts on this intersection, it is the City's intention to apply development charge revenues to fund growth-related capital costs associated with new development such as this project. August 13, 2001 - 4 - PD-2001-69 ' Storm Water The applicant is proposing to create ponds to treat storm water before releasing such water into Thomson's Creek (owned by Cytee) or the Welland River. This will require the approval of all relevant agencies and can be addressed further in the development process. The applicant is also contemplating using the ponds to treat grey water (water fi.om showers and sinks). This method of treatment would also require the approval of relevant agencies including the MOE and can be addressed further in the development process. Impacts on natural features will be addressed in another section in this report. Compatibility of the Proposed Use with Adjacent Land Use Designations and Natural Resources As mentioned, a large portion of the property is designated for Industrial purposes and is part of a larger industrial district. The neighbouring lands to the west (Cytec) and south (Powergrow and Regional Sludge Lagoons) are zoned Heavy Industrial. The lands to the north, on the opposite side of Brown Road, are vacant but zoned Light Industrial. Further to the north is the future Gamer Neighbourhood residential area. The lands to the east on the opposite side of Kalar Road are zoned for Prestige Industrial uses. The concern regarding land use compatibility primarily focuses on the impact of encroaching development on the existing heavy industries namely Oxyvinyl, Powergrow and Regional Sludge Lagoons. Concerns are associated with the following issues: Odour With respect to odour, the applicant has completed an odour study. The main source of day to day odour nuisances would be the Powergrow and Regional Sludge Lagoons. According to the study, them have been local complaints and occasionally regional complaints related to odours concerning this operation. The report indicates that the combination of wind speeds most likely to cause odours during high odour months (May to September) would mean there would be no odour impact on the subject property 75% of the time. However, the report does not indicate how severe the odour impact would be the other 25% of the time during these peak tourist visitation months. The Regional Planning Department (who performs Provincial review functions) forwarded the report to the MOE. The MOE has advised that an odour warning clause registered on title, as requested by the Regional Public Works Department for the Sludge Lagoons would not be effective in warning visitors to the theme park. Staffis of the opinion, however, that a warning clause would provide security to the industrial operators fi.om complaints from the owners of the proposed development. Risk Assessment As mentioned, to the west of the subject lands are two large chemical plants being Cytec and Oxyvinyl (formerly Geon). Council is aware that the chemical industries require adequate buffer zones between these operations and more sensitive land uses due to risk of accidental air emission exposures. Staff used the MIAC guidelines in the past to provide some general guidance in considering land uses in the area. Council will recall staff mport PD-98-48 addressed the matter of encroaching sensitive residential land uses into this industrial area. The study concluded that to minimize risks and nuisances, sensitive land uses such as residential development should stay to the north of the old hydro corridor north of Brown Road. August 13, 2001 - 5 - PD-2001-69 The proposed development, although less sensitive than residential development, encroaches into this indnstfiai area. The applicant had Conor Pacific complete a Screening Level Risk Assessment of Phosphine Releases from Cytec at 50 tonnes which provides for expansion potential for the company. The consultant is still of the opinion the proposed development is acceptable within the outer arch in accordance with MI. AC land use guidelines because it is transient in the nature of visits and does not represent "full-scale urban use". It should be noted no risk assessment was completed for Oxyvinyl (formerly Geon) situated further to the west. Planning staff by no means have expertise in risk assessment and management. Planning staff has general concerns about the high numbers of resort visitors who would not be trained in emergency response. However, the applicant has adjusted the layout of the development so that facilities with the highest concentrations of people (especially those staying overnight) are situated further to the east and open space uses such as golf courses and sports fields are situated to the west. The MIAC land use guidelines do indicate open space type uses are appropriate intervening land uses. This layout will also assist in minimizing odour nuisances. The applicant has had several discussions with Cytec management on the proposed amendment in an attempt to address Cytec's concerns with respect to appropriate land uses and buffer distances. Cytec is requesting a buffer setback of approximately 2 km from its phosphine tanks with land uses within this setback being restricted to open space recreational type uses. They have requested this requirement be dealt with as a Special Policy in the amendment or by designating the area in question as Open Space. Air Emissions The Ministryofthe Environment requested deferralofthe application in order to collect and analyse data at the proposed property to confirm air emissions modelling completed by Oxyvinyl (formerly Geon) with respect to daily air emissions. Staff has discussed this matter with both Regional and Ministry of the Environment staff. City Planning staff is of the opinion a general policyin the amendment indicating air emissions work must be approved by the Minist~ of the Environment (MOE) should address this matter. The MOE staffhas advised their testing should be completed in approximately a month. Even if their testing does not confirm Oxyvinyl's data, there will be time for this issue to be further addressed prior to the amendment being approved by the Region. Noise A noise report was submitted with the application in order to examine industrial noise impacts on the proposed development and the impact of the development on the surrounding area. The study does not perceive any significant noise impact on the more sensitive uses (cottages, trailers, hotel) from surrounding existing indnstdes. The noise study does indicate a potential noise impact from the proposed amphitheatre and recommends the amphitheatre point in a southeasterly direction and can be designed with berming etc. so that peak sound levels meet appropriate guidelines. It is uncertain whether the study took into account future residential development in the Garner Neighbourhood or the future Grand Niagara Development. The study should be updated to address these developments. The Region forwarded a copy of the noise study to the MOE but no comments have been received to date. A special policy indicating the siting of facilities for the proposed development shall have regard to an updated study approved by the MOE could be required. August 13, 2001 - 6 - PD-2001-69 General Land Use From a general land use compatibility perspective, the proposed development must interface reasonably with any industrial development on surrounding industrial lands, existing legal non-conforming homes in the area and future Garner Residential Neighbourhood to the north. The large wet/woodlot which the applicant is proposing to preserve provides general mitigation (particularly visual) from lands to the north and west. To the east is the City's business park which will be developed for prestige industrial purposes. Should this application be approved, buffer distances in terms of landscaping and parking can be provided between this future industrial development and the proposed development. It should be noted that light industrial lands to the north are being considered for other land uses. One area of potential impact which could affect surrounding industrial development could be traffic since visitors to the proposed resort commercial development will be depending heavily on Montrose and Brown Roads. However, it would appear Chippawa Creek Road can be used as the main access to the existing heavy industries. Natural Resources As mentioned, there is a large wet/woodlot on the site which is designated as Environmental Protection Area in the City's Official Plan. This wet woodlot is classified as a Provincially Significant Wetland according to the Ministry of Natural Resources. The applicant submitted a study of the wetYwoodlot providing background information and more detailed delineation of the southerly woodlot boundary. The boundary modification will have to be approved by the Region and Ministry of Natural Resources and can be reflected in a future zoning by-law. A further Environmental Impact Study (EIS) will be necessary at the zoning amendment stage to ensure proper buffer and mitigation measures are put in place so that no negative impact occurs to the wetland when development occurs around the wetland. The EIS will also have to demonstrate putting a trail system through the wet/woodlot will have no negative impact on its features and functions. The application proposes to pond the tributary of Thompson's Creek, which bisects the property, for enhancement purposes. This tributary and the southerly portion owned by Cytec are classified as Type 2 Fish Habitat and contain Provincially Significant Wetlands as determined by the Ministry of Natural Resources. Provincial policies do not permit development in wetland areas, therefore, modifications to the creek tributary will have to be addressed at the zoning stage with proper justification and will require the approval o fall agencies including the Niagara Peninsula Conservation Authority, Ministry of Natural Resources and Department of Fisheries and Oceans. An Environmental Impact Study will have to be prepared and consultation with agencies must take place to determine if this concept is feasible and to determine appropriate buffer distances and ensure the water quality of the creek owned by Cytec is maintained. Suitability of the Site or Area for the Proposed Use, Especially in Relation to Other Sites or Areas of the City. As mentioned in another section of this report there are limited lands in the City designated for resort commercial. These uses require large tracts of land, efficient linkage to major highway corridors, municipal services and appropriate separations from sensitive land uses such as significant residential development. From this perspective the subject property would appear to meet these objectives. The site also contains important natural features which the applicant wishes to incorporate into the development. Other sites which meet the above mentioned objectives may not contain similar natural features. August 13, 2001 - 7 - PD-2001-69 The proposed development would appear to be a better land use with respect to the future Garner Neighbourhood than a heavy industry permitted by the current zoning. The City has historically had a surplus of industrial lands. However, given the lack of land designated for resort commercial type developments, industrial lands are being targeted for these developments. Examples include the Grand Niagara development. Approval of this application will result in a further loss of industrial lands. However, currently the rate of industrial development is low, particularly heavy industrial. There are existing neighbouring lands zoned for Light and Prestige Industrial development. The proposed development may even make these surrounding lands more marketable, attracting industries which can cater to and service the proposed development. The suitability of this general area in relation to surrounding industrial development was discussed in the previous section of this report. The Need for and Market Feasibility of the Proposed Use A Preliminary Business Planning Analysis (December 1998), prepared by Pannel Kerr Forster Consulting Inc. concludes that a review of comparable facilities, suggests first class venues which focus on religious-related services and facilities on a year round basis, such as that which is being proposed by Heartland Forest, are non-existent in Ontario. The Analysis indicates the development of such a facility could assist in stimulating visitation to the Region, and offering an alternative venue to the Niagara Falls visitors thereby increasing visitor length of stay. Approximately 60% of the resort's total demand will be derived fi.om the existing tourist markets in Niagara Falls. On an annual basis, it is predicted the resort will attract an estimated 445,000 overnight guests by its stabilized year of opcration. Another 57,000 annual visitors are predicted to attend meetings on site. On a daily basis the park is expected to cater to an estimated 1,375 visitors of which 88% will be ovemight guests. According to the report the operation has the ability to sustain itself economically as the Trinity Ministry Centre has indicated they will fundraise about 50% of the development costs and finance the remaining 50%. The Financial Implications of the Proposed Development As mentioned above, the proposed development provides a venue which assists in increasing overnight visitation as well as an alternative year round attraction. According to the study, mentioned in the previous section, the economic impact of the development is estimated at $155 million in direct and indirect expenditures in the region for materials, salaries and services over the three year development phases, as well as 2,583 person years of direct and indirect employment over the same time period. It sh(mld be noted there are uses permitted by the zoning by-law in the City*s business park such as service stations, gas bars, banks, convenience stores, restaurants, personal service shops, and factory outlets which could service the proposed development. The Conformity of the Proposal to the General Objectives of this Plan Based on the discussion in the previous sections of the report, it appears the proposal can meet the general objectives of the Official Plan. Approval of the development should be conditional on special August 13, 2001 - 8 - PD-2001-69 policies being incorporated into the amendment to address the following: requiring future development to have regard to risk management by providing a proper gradation of land uses and separafon of more sensitive land uses from the Cytec operation to the west. submission of an Environmental Impact Study(s) to address possible impacts to the Provincially Significant Wetland/Woodlot as well as fish habitat and wetland areas of the creek to the satisfaction of relevant agencies. · submission of a storm water management plan to the satisfaction of all relevant agencies. submission of a grey water treatment plan to the satisfaction of the City, Region and Ministry of the Environment. approval of the modified wetYwoodlot boundary by the Region and Ministry of Natural Resources. final review and approval of odour, noise, traffic and air emission studies by the relevant agencies. prior to development occurring a warning clause shall be registered on title warning the owners of the land and/or development operator of potential odour and noise nuisances f~om neighbouring industries. finalization and sale o f the municipal road allowance which bisects the property in a north/south direction. P~el~ared by: Dave Heyworth Planner 2 Policy Respectfully submitted: Chief Administrative Officer Recommended by: Doug Darb~son Director of Planning & Development Approved by: Executive Director of Corporate Services DH:Ip Attach. S:~PDR~200 BPD2001-69.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending the Official Plan Part of Township Lots 205, 206, 207 and 208 Former Township of Stamford Now City of Niagara Falls AM-01/1999 Applicant: Heartland Forest 1 :lq'rs ~£A/e-r~AND ?01~£$T: ?A~T $/7££7- On s/Sm ~ml~ ~ ........... 7~o ~i-/~v~l ~o~1 .................. I~O0 ~p~ Main 5~ (~ai~......~a,ooo Mi~isf~ 5~i~ ......... ~o.ooo ~oo~ ~ou~ ................. 20,000 Go~n~ O~n~.......7~ ,o00 ~ fw~m ....................... ~,ooo Ola&Aous~ ........................... I~,ooo Mamt-5~o~/~ ................ ~o,ooo ~R~n o~n~ ........... ~,ooo To~l 5p~m~ ~oo,ooo SCHEDULE3 ~ SCHEDULE4 Summary of Comments DEPARTMENT COMMENTS: Parks, Recreation & Culture no objections to Official Plan amendment interested in reviewing more detailed Environmental Impact Studies interested in receiving more detailed information on the proposed recreational facilities Municipal Works do not expect any concem with respect to system capacity but would like to work with proponents to confirm a suitable alignment Municipal Works is currently examining the most efficient and effective way to service the larger area there is sufficient water supply to service the development Municipal Works staff are working with MTO with respect to potential future operational concerns at the McLeod Road and QEW southbound off-ramp the City shall apply development charges revenues to fund growth related capital costs with new development such as this project Building and By-law Services comments with respect to the Ontario Building Code will be addressed at the site plan approval stage building permits are required prior to construction AGENCY COMMENTS: Regional Planning & Development Department (verbal) a storm water management plan must be reviewed by the Niagara Peninsula Conservation Authority odour and noise studies, as well as air emissions analysis receiving final review and approval by the MOE ~ ~ .... submission of appropriate Environmental Impact Study(s) to ensure development adjacent to and within (proposed) trails has no negative impact of wetland and fish habitat areas approval of revised wetland boundary by the Ministry of Natural Resources prior to development occurring on the site, an Archeological Assessment shall be reviewed and approved by the Ministry of Tourism and Culture facilities accommodating overnight visitation are more sensitive and should be located suitable distances from the existing heavy industries submission of updated reports for review and approval of relevant agencies -2- Regional Public Works preliminary written comments - Region is currently upgrading McLeod Road sewage pumping station with respect to wet weather capacity City should fund the necessary storage to ensure this development does not exasperate the situation wants to review the odour study warning clause advising of odour and noise from the Garner Road Biosolids Treatment Facility water mink system improvements may be required to accommodate new developments in this area requires a final review and approval of an updated traffic study particularly for the McLeod Road/Montrose Road and Lyon's Creek Road/Montrose Road intersections will be submitting information on the Biosolids Treatment Facility Ministry of the Environment identify and confirm odour nuisances from Powergrow and the Regional Sewage lagoons questions how a warning clause will warn visitors they will be affected by odours request a deferral of the application so that MOE can confirm air emissions sampling from Oxy Vinyl (formerly Geon) at this site PUBLIC COMMENTS: Cytec - comments received from Thomson Rogers (solicitor) want establishment of a buffer/setback (approximately 2.0 km) from the phosphine tanks located on the Cytec property land uses between Cytec and this setback should be restricted by either a Special Policy or Open Space designation Cytec wants to be involved in reviewing future studies such as storm water plans and Environmental Impact Studies related to water quality resulting from drainage from the golf course into the creek S 5ZONING~MvlS\1999~Am01-99~ched4.wpd Minlstr~ of Mlnlstbre des Transportation Transports Ontario Phone: Fax: E-maih (416) 235-4280 (416) 235~4267 peter.dorton~mto.gov.on.ca Central Region Corridor Management Office 7th Floor, Building D 1201 Wilson Avenue Downsview, ON M3M 1J8 July 24, 2001 Via Fax: 9-1-905-356-2354 (o~.a~ by mail) Mr. Doug Darbyson Director of Planning & Development City of Niagara Falls City Hall, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Official Plan Amendment Application, File No. AM-01/99 Heartland Forest Trinity Park Ministry Lot 208, City of Niagara Falls (Stamford Twp.) SW Corner of Brown Rd. / Kalar Rd., Approx. 800m West of QEW This is in response to your circulation of Public Meeting Notice for the above noted proposed Official Plan Amendment. While the ministry has no objections to this application, to facilitate development of a large-scale resort commercial development, please be advised that we anticipate that a development of this magufitude will likely impact on QEW intemhange operations at both McLeod Rd. and Lyon's Creek Rd.. This site falls within the ministry's 800m permit control area for large traffic generators, therefore please advise applicant that MTO Building & Land Use permit is required ~om this office prior to site grading / construction. Permit inquiries may be directed to Mr. Marlo Panza, Permits Officer, at (416) 235-4448. As a condition of permit issuance, we require that the owner submit a traffic impact study for MTO review and approval, assessing site volume impacts on QEW / McLeod Rd. and QEW / Lyon's Creek Rd. interchanges. The owner will be financially responsible for any intemhange improvements attributable to this development. & DEVEI.OlatlEI r I t~ust these comments will be of assistance to you. Please feel free to contact me if you have any questions. ~>~ ~Sincerely,. Peter Dorton Project Manager CC. B. Stevens, Niagara Region (fax only: 9-1-905-687-8056) M. ?anza : F~J~-OD~2~B1 16:24 THO(qSDhl I~ ~ Thomson mm AUa 1 o Pt,,ANt41N Jeffrey J.. W~lker 416-868-$118 ~¢wrL~thom~o~l~og~l~g.¢om August 9, 2001 Mayor Wayne Thomson and Members of Co'un,;tl City of Niagara Falls 4310 Queen Street Niagara Falls, O~tario L2E 6X5 OFF~CE OF rHF fiBU~NI~TRATOR Dear Mayor Thom,son and Members of Council: Cytec Canada lac. and the Heartland Forest Niagara Development Proposal Our FUe No. 40/874 We are thc aollcitonl for Cytec Canada llic. ('~ytec') with respect to thc above proposal. Cytec owns approximately 1000 acres north of the Welland River. Its lands front on Garner Road, Cytce operates its phosphine plant from this location. Cytec wtah~s to en,mr~ that any d~velopment be/rig approved in tho vicinity of Cytex: docs not compromise the ability of Cytec to uti]~ its laads for ~ H~avy Industrial uses for whioh/ts land~ are zoned, i~eluding the phosphlno plant. In order to a~surc thc continued viability of the Cytec lands for heavy iudustr/al uses, including the existing phusphine plant, a setback must bo established from its lands. The land uses permiff, ed in this buffer or setback area must be restricted, and Should not include pexmission to utili~ tho buffo' or setback lands for any permanent or temporary residential laud uses, or for any land uses related to th~ hoUSing of animals. In ame. rting with the planning Department *-ri representatives of Heartland Forest Niagara, our offices were provided with a conceptual plan. A copy of this plan is attached. The buffer shown on this plan is approximately 2.0 km iota the existing phosphide tanks located on the Cyteo property. The land uses oontained within the buffer ar~ recognize thc land use restrictions set out in the above paragraph. Although the ]and uses have been nlodified somewhat f~om this conoe~t plait by Heaztland Forest l~liagara, for example, by the introduction of a go]f course facility, the buffer are principle t =mains intact, Given tho foregoing buffer of approximately 2,0 ~ as shown on the attached plan, Cytec does not objec~ to the redesig~ation of tho Heartland Porest Niagara lands acrreafly B A R R I S T E R B A N D 8 0 L I C I T 0 R 8 SUiTE Moo · 390 ~4.y STREET · TORONTO, O~IO · CUiAIIA ~ HSH IW2 · F,~ 416-S68-ll.q4 · T~L, a16468-110o www-t homsonrogers.com 416 868 31:~4 P.03/84 Thomson Re,ers -2- d~sj~sted Industrial, prey/dod that prov/sions are incorporated into the site sp~ci~c Offidal Plan Amendm~t rcoo~iz~n~ this hffe arc prindplo, the diatauce of approximately 2.0 km ~rnd the related land uae resirioflons. We u~er~tand from your Planning 'staff that these ptindples ceuid be inooz~rated into the Offie, ial Plan through a Spec/al PoHoy Area provision. In the alte~native, we suggest that these restricted lands could be designated Open 8pace, with prov/~ons in place to pcmzit the recreational uses. We are prepared to wodc with your Planning staff and the applicant to develop the appropriate prov/$ions. For complete certainty, we also note that refln~ent of the laud uses as shown on the cturent concept plan, for example, tho golf course facility, is required. As Cytco is tho land owner of the crcw, k that parallels th~ golf course, and which cre.~k ulfim_~_tely outlets infia the Wolland Riwr, Cyt~ reservo$ its rights xegard/ng ~ v/ability of any of the proposed rea'eat/on uses wh/ch may impaot on its croe&. Cytcc requests that it bo consulted by Heartland Fore. at Niagara, the City, and the commerit/ng agenoies with respect to this matter as Heartland Forest Niagara refin~$ its proposal This consultation is/n addition to tho pfivati rights that C34~c possesses as tho land owner of tho crook. By copy of this le, tt~ to Mr. Wagg, our offioes request that we be provided w/th copies of aay and all notl=es which may be provided by tho City respooting this proposal under the Planning .4ct, Yours v~y truly, loffrey J. Wilk~' JJW/ljr Brace Ionos, Plant Manager, Cyt~ Canada Inc. Ted Chri~dio, Corporate Counsal~ ~ ~da ~c. Da~ H~o~. Pl~g ~t, ~ ofNta~a Fal~ B,C. Wa~ ~ C[~ C~ ofNi~ara Fa~ T~ ~so~ ;oU~t~ ~r H~ Fo~t .I NIA~A THE REGIONAL MUNICIPALITY OF NIA ~(~{ ~ MEMORANDUM DATE: TO: FROM: SUBJECT: June 11, 2001 Steve Daniels Planning and Development Department Doug Cherrington, C.E.T. Manager Engineering Planning and Development Preliminary Servicing Report Trinity Park Ministry Regional Road 63 (Chippawa Creek Road) In the City of Niagara Fails Our File: 04.063.570 (99-1) We have reviewed the Preliminary Servicing Report for Trinity Park Ministry and provide the following comments: 1) Sanitary System The consultant's report should note that the Region's Niagara Falls (Stamford) Water Pollution Control Plant has adequate reserve capacity at this time to accommodate this proposal. We are in agreement with the .statement in the report that there is limited downstream capacity at the South Side High Lift (McLeod Road) Sewage Pumping Station resulting from excessive wet weather flows entering the sanitary sewer system. In this regard, the Region is currently upgrading this facility, however, the City has yet to eliminate the extraneous flows or construct the necessary storage. Accordingly, the City should commit to funding the necessary storage, thereby ensuring that the additional sewage flow from this development does not exacerbate the existing situation. The consultant's report omits the important fact that this site is located immediately north of the Region's Garner Road Biosolids Treatment Facility. This development is located only about 100 metres away from our facility. Previously we have requested a separation of 400 metres in accordance with the upper limits of the MOE design guidelines in order to safeguard our operation at this location from residential encroachment. We would also request that an Environmental Impact Study be undertaken by the owner to address noise, odour and air emissions associated with the operation, current and proposed, of the nearby Regional facility. The owner will be responsible for all costs associated with this undertaking and implementation of the recommendations of such study. Further, we would request that a warning clause be placed on title advising of the location of the Garner Road facility, noting that certain unpleasant odours and noise from the operation of this facility maybe prevalent from time to time or continuously. Steve Daniels Planning and Development Department Jane 8, 2001 Page 2 2) 3) Water supply With respect to water supply, the servicing report indicates that the existing municipal system near this property appears to be adequate for the purposes of this development. We would note, however, that the current Regional Master Servicing Plan will be reviewing the trunk distribution needs for the City (and this area) with recommendations for future capital works projects as deemed necessary (as noted in the previous servicing report). Accordingly, trunk system improvements may be required to accommodate the new developments in this area. Regional Roadways The subject development does not abut any Regional roadway; however, as the report indicates, a Traffic Impact Study is to be undertaken to determine what road improvements will be required to the nearby road system, which will involve Regional Road 98 (Montrose Road) and Regional Road 63 (Chippawa Creek Road). We wish to assess the recommendations of the study and would request that any approval given to this development include a requirement that the developer be required to pay for any such road improvements. Also, if road improvements are to be phased, the Region must be in agreement with such arrangement and the City must ensure that subsequent approval of phases not proceed without the 'appropriate road works being undertaken. In conclusion, we anticipate that this proposed development will have a significant aff6ct upon municipal services. We would, therefore, request that the City ensure that the foregoing Regional concerns are included as conditions of-any subsequent development approval. D.K. C.E.T. Manager of Engineering Planning and Development DKC/cm L:~Engineering'Planning'and'Dcvel°pment\P'~nak'DaveXNiagara Falls~3683.s.daniel$.memo.doc c: D. Ali, P. Eng. S. Iaanello, P. Eng. G. Holman, C.E.T., City of Niagara Fails ~. WoNiagara rks Ministry of Minist~re des Transportation Transports Ontario Phone: Fax: E-mail: (416) 2354280 (416) 235 -4267 peter, dorton(~mto.gov.on.ca Central Region Corridor Management Office 7th Floor, Building D 1201 Wilson Avenue Downsview, ON M3M I J8 July 24, 2001 Via Fax: 9-1-905-356-2354 (or~¢n~ by mai0 Mr. Doug Darbyson Director of Planning & Development City of Niagara Falls City Hall, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re~ Official Plan Amendment Application, File No. AM-01/99 Heartland Forest Trinity Park Ministry Lot 208, City of Niagara Falls (Stamford Twp.) SW Corner of Brown Rd. / Kalar Rd., Approx. 800m West of QEW This is in response to your circulation of Public Meeting Notice for the above noted proposed Official Plan Amendment. While the ministry has no objections to this application, to facilitate development of a large-scale resort commercial development, please be advised that we anticipate that a development of this magnitude will likely impact on QEW interchange operations at both McLeed Rd. and Lyon's Creek Rd.. This site falls within the ministry's 800m permit control area for large traffic generators, therefore please advise applicant that MTO Building & Land Use permit is required from this office prior to site grading / construction. Permit inquiries may be directed to Mr. Mario Panza, Permits Officer, at (416) 235-4448. As a condition of permit issuance, we require that the owner submit a traffic impact study for MTO review and approval, assessing site volume impacts on QEW / McLeod Rd. and QEW / Lyon's Creek Rd. interchanges. The owner will be financially responsible for any interchange improvements attributable to this development. I trust these comments will be of assistance to you. Please feel free to contact me if you have any questions. Peter Dorton Project Manager cc. B. Stevens, Niagara Region (fax only: 9-1-905-687-8056) M. Panza AUG 03 '01 15:35 FR~:M.O.E.E.-~EST CENTRAL REBION-N~I[TON Ministry of the Environment 119 King Street Watt 12m Fl~or H~m;Itoft ON LSP H~mlh~t ON LSP 4Y7 Ontario August 3, 2001 Mr. E. Conley, Senior Planner Planning and Development Department The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 ~' Dear Mr. Conley: Re: Request for Ministry of the Environment Comments Proposed Trinib/ Ministries Resort Park West Side of Kalar Road, south of Brown Road City of Niagara Palls As per your request, we have reviewed the information provided in support of the above-noted development, and offer the following comments for your consideration. It is understood that at this point, the City of Niagara Falls is considering an application for an amendment to the Official Plan, to enable the development of a multi-faceted recreational resort park consisting of a hotel, conference centre, amphitheatre, indoor and outdoor recreational facilities, cottages and trailer-park sites. Currently, the subject lands are designated Environmental Protection In recognition of the wetlands and wooded area. Protection of the wooded and wetland areas is intended to continue, and We are confident that the Ministry of Natural Resources will have provided their advice to ensure the protection of these resources. The balance of the property is currently designated for Industrial use, and is part of a larger industrial area within the City. A~ a result of the proximity of the proposed complex to a number of sources of air emissions, we were pleased to see an attempt made to analyze the effect of the various air emissions. The report by Conor Pacific, dated March 1999 identified five potential sources of nuisance odours: Cytec, Geon, Powergro, Region of Niagara sludge lagoons and Freeport Transport. The Powergrc and sludge lagoons may create nuisance odours throughout the development site. When dealing with residential developments proposed in proximity to odourous existing uses, many municipalities have dealt with this issue by requiring warning clauses to be registered on title, to advise prospective pumhasers of the possibility of adverse affect due to odours. In this situation however, how would visitors to the Trinity Park AUG 03 '01 15:35 FROM:~.O.E.E.-~EST CENTR^L REGI~I-I,IA~ILTON SOS-SZI-?SZO T-?I4 development be warned that dudng their stay, they may be affected by edours generated at the Powergro and Regional facility? The City should be cognizant of this risk as they consider the viability of this development proposal and the potential for complaints to the City. Of greater concern, is the proximity of the subject lands to the Oxyvinyl (formerly a part of Geon) facility. Extensive abatement efforts are underway with this Company to address the issue of their emissions. The Company, s data indicates that efforts to date have already achieved significant reductions in contaminants into the atmosphere measured at their property line. Mathematical modeling based on the latest emissions data suggests that ambient levels will be reduced at the property line and diminish with distance from the facility. This new data was just made available to Ministry staff. While the information has been reviewed, and the Company is confident that It will continue to decrease its emissions, we would like the opportunity to verify the Company's data by undertaking our own air sampling program at the Trinity site. Given the steady trend towards development to this area of the City, it may be poss~le to extend our intended sampling program to encompass the areas subject to development proposals. As a result of our concerns, we are requesting that consideration be given to deferring a decision on this amendment to enable the verification sampling to be completed and the results analyzed. We encourage you to consider establishing a meeting with the Minist~, Regional, City of Niagara Fails municipal staff and the proponent to further discuss our concerns. Please contact me at (905) 52%7884. Sincerely, Barbara Ryter Environmental Planning Officer Air, Pesticides & Environmental Planning CC. Mr. D. Heyworth, City of Niagara Falls, Planning and Development Department 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario, L2E 6X5 Mr. R.J. Slattery, MOE - Niagara District Office Mr. N. Buonocora, MOE- APEP Niagara Falls Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca August 13, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-71, Request for Removal of Part Lot Control 8677/8679 & 8683/8685 Willoughby Drive Lots 16 & 17, Registered Plan 264 RECOMMENDATIONS: Doug Darbyson Director PD-2001-71 It is recommended that: I) Council approve the request and pass the appropriate by-law to designate Lots 16 and 17, Registered Plan 264, as exempt from Part Lot Control; and 2) the applicant be required to notify the City when the separate deeds, as described in this report, have been registered in order for the by-law to be repealed. PLANNING REVIEW: In a letter dated July 17,2001, Mr. Phil Fisher submitted a request on behalf of the owners to remove these properties on the west side of Willoughby Drive from Part Lot Control (see attached letter and location map). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi-detached or on-street townhouse units. The subject land is within an older registered plan of subdivision in Chippawa. A land severance has been approved to combine the rear section of these lots with property to the north for future residential subdivision development. Building permits were issued in February and June of this year for the two semi-detached dwellings (4 units) on the front portion of the lots. Through the construction process, separate connections for watermains and sewer laterals were provided for each unit. The attached Reference Plans (59R-11442 and 59R-11447) show the configuration of the lots, foundations and centreline of the common wall between the units. The land is appropriately zoned R2 (Residential Single Family and Two Family) and the building setbacks satisfy the zoning by-law provisions. Approval of the Part Lot Control by-law is required so that property lines can be created between the dwelling units to allow their sale with each unit having a separate deed. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development August 13, 2001 - 2 - PD-2001-71 CONCLUSION: The removal of Part Lot Control will permit the division of the land to allow separate ownership of each semi-detached unit. The use of this Planning Act mechanism is appropriate in this case. The applicant should advise the City when the land transactions described in this report have been completed in order to repeal the Part Lot Control by-law. If Council approves the recommendations of this report, the appropriate by-law to designate the land as exempt from Part Lot Control is included in tonight's Council agenda to allow the sale of these units to be completed as soon as possible. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning & Development Respect ly submitted: Edward P. Lustig ] Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S:XPDR~2001 ~PD2001-71 .wpd PHIL FISHER & ASSOCIATES LTD. Planning and Development Consultants VIA FACSIMILE - 905-356-2354 July 17, 2001 City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 2L1 ATTENTION: MR. R. WILSON - Planner Dear Sir: Exemption Front Part Lot Control For a Deeming By-Law in Accordance with Subsection 4~ Section 50 of the Planning Act I am acting on behalf of Guardian Inter-Funding Inc., the owner of Lots #16 and #17, Plan 264 on the westerly side of Willoughby Drive. The description of the subject lots are provided for on Reference Plan 59R-11442, 59R-11440 and 59R-11447 which have been deposited at the Land Registry Office. Thc subject lots were previously granted severance approval (rear area) on June 12, 2001 under Severance File B33-34/2001. Two copies of the Reference Plans and a cheque in the amount of $200.00, the fee required for the exemption process, will be hand delivered. We request that this matter be expedited as soon as possible to facilitate Agreements of Purchase and Sale. Yqur~s truly, Phil Fisher PF:ct ,_)EvF.,.OPMENT TELEPHONE: (905) 788-3322 FAX: (905) 788-3328 9 Burgar Street, Suite #204, Welland, Ontario, L3B 2S6 Removal of Part Lot Control 8677/8679 & 8683/8685 Willoughby Drive Lots 16 & 17, Registered Plan 264 Location Map Caronp!st Road Subject Land 1: NTS File: $:~ubdlvie~PLC~lleg~ocef~on..pr August 2001 i CITY OF NIAGAI~A FALLS LOT pART OF LOT 16, pLA~ 264 CITY OF NIAGARA FALLS ~UDA & MALESZYK SUI~VEYING: INC. c,ty Niagara Falls Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca August 13, 2001 Doug Darbyson Director PD-2001-73 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-73, Proposed Aviary 5651 River Road Larry Vann RECOMMENDATION: For the information of Council. BACKGROUND: On Tuesday, August 7, 2001, Council directed staff to meet with Larry Vann, proponent of a proposed aviary building at River Road and Hiram Street, and the Niagara Parks Commission before the next Council meeting. The purpose of the meeting was to secure appropriate parking for the proposed development notwithstanding the Committee of Adjustment decision regarding a parking variance. This meeting could not be arranged within the week, therefore, a subsequent meeting date will need to be arranged. Staff will report to Council once a resolution of the parking issue is found. Prepared by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services Respectfully submitted: d'P L~siig ~-~ Chief Adl~inistrative Officer~ DD:tc FILE: Clerk's S:~PDR~2001 ~PD2001-73.wpd Working Together to Serve Our Community Finance Human Resources Information Systems · Legal Planning & Development The City of Niagara Falls · Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: Doug Darbyson Director PD-2001-74 August 13, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-200i-74, Appeal to Zoning By-law No. 2001-134 AM-09/2001, Calaguiro Estates - Phase 2 RECOMMENDATION: It is recommended that Council reaffirm through resolution the passing of By-law No. 2001-134. BACKGROUND: The Cityhas received the attached appeal to Zoning By-law No. 2001-134 from CN Rail. Thepurpose of the by-law is to apply new zorfing standards to an exist'rog registered plan of subdivision dating from 1981. The reasons cited for the appeal are as follows: ,1. The land use is incompatible with CN Rail operations located nearby. 2. The Zoning By-law, in the absence of required mitigation measures and appropriate subdivision conditions, is bad planning. 3. The by-law is contrary to the purpose and intent of the Provincial Policy Statement. 4. The by-law is contrary to the City's Official Plan. City staffhas discussed with CN Rail their concerns regarding the zoning by-law amendment and development of this residential subdivision. The developer has agreed to address CN requirements through clauses in a new subdivision agreement and inclusion of noise and vibration attenuation measures. A meeting with the developer, CN Rail and staff will be scheduled to hopefully satisfy the Railway's safety and environmental issues. However, if these negotiations are not successful, and the appeal is net withdrawn within the next two weeks, the City is required to forward the appeal and other information to the Ontario Municipal Board by August 24, 2001. The Board requires that Council's position be submitted with the appeal. Working Together to Serve Our Community Clerk's Finance Human Resoumes · Information Systems · Legal Planning & Development August 13, 2001 - 2 - PD-2001-71' CONCLUSION: Council passed By-law No. 2001-134 in accordance with the requirements of thc Planning Act and based on staffs recommendation, comments from various agencies and submissions made at the public ~resolution of Council to reaffirm the passin~ of the by-law is required. ~by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:tc Attach. Respectfully submitted: Edward P. Lusfi~l~ Chief Administrative Officer FILE: S:WDR~2001 kPD2001-74.wpd flUG-09-2001 THU 03:55 PH PflPflZIfiN HEISEY MYERS Ffi× NO, 416601]818 P, 02 Papazian S.S. ?apazian {~,C, M.a Myer~ August 9, 2001 FAX AND OV~RN!GHT COURIER The Clerk of the Corporation of the City of Niagara Fails 4810 Queen Street P.O. Box 1023 Niagara Falls, ON. L2E 6X§ Dear Sir/Madam: PLANNING Re: Zoning By-law No. 2001-134 Zoning By-law Amendment Application: AM-09/2001 City File: AM-09/2001 Notice of Passing of Zoning By-law No. 2001-134 dated July 20, 2001 Calaguiro Estates - Phase II Our File No.: 86200 Please be advised that we are the solicitors for CN Rail. Kindly consider this letter a notice if appeal from the decision of City Council to approve the Zoning By-law Amendment referred to above tn the Ontario Municipal Board pursuant to the Planning Act. The reasons for this appeal include; The proposed land use under the Zoning By-law is incompatible with CN's operations 'located nearby the lands affehted by the Zoning By-law Amendment; The Zoning By.law, in the absence of required mitigation measures and appr. opriate sub-division conditions, is bad planning; The Zoning By-law is contrary to the purpose and intent of the Provincial Policy Statement revised to February 1, 199% particularly Sections 1.1,3 (g) and 1.3.4.1, to protect and preserve transportation corridors; The Zoning By-law is contrary to the Official Plan for the City of Niagara Falls; and Such further and other grounds as CN Rail may raise before the Ontario Municipal Boara, We enclose herewith our £~rm's cheque in the amount of $125, 00, made payable to the Ontario Municipal Board. Standard L;[e Centre, Bth Floor, 121 King SLW., P,O, Box 105, Tot, on;o, ON AUU-UB-ZUU1THU U~:bV NA KAVA~IAN HLISEY ATEK5 Pfl~ NU, qIU~UllSI8 ?, 03 IPap~zi~n I Hei.seyl Myers I~ndly acknowled§e receipt o£ this notice of appeal in wr~tin§. Page 2 of 2 August 9, 2001 MJH:mem encl. Yours very truly, cc: Adam Care, CN Railway (via e-mail) o li gara Council Chambers No. August 13, 2001 Moved by Alderman Seconded by Alderman RESOLVED THAT the Council of the Corporation of the City of Niagara Falls RealTmns the passing of By-law No. 2001-134, a by-law to provide site specific zoning standards for the undeveloped portion of Calaguiro Estates registered plan of subdivision 59M-92. AND the Seal of the Corporation be hereto affixed. E.C. WAGG WAYNE THOMSON CITY CLERK MAYOR Royal Canadian Naval Association Niagara Region 5603 SPRING STREET ° NIAGARA FALLS ° ONTARIO · L2G 1P7 July 9, 2001 City Hall, City of Niagara Falls, 4310 Queen Street, P.O.Box 1023, Niagara Falls, ON, L2E 6X5 Attention: Mr. E. Wagg, City Clerk Dear Sir: This is to notify that Royal Canadian Naval Association, Niagara Region, will be holding their annual family picnic on Saturday, August llth, 2001, from noon to 6:00 P.M. For the second year in succession we have contracted the facilities of the Optimist Club and adjacent grounds, located at Dorchester Rd., and Morrison Street, in Niagara Falls, Ontario, for this event. Should you require further information in this regard, please contact the writer at (905) 358-8116 or Mr. Michael Miljus, Picnic Committee Chairman, at (905) 358-3989. We trust the foregoing informationn will meet with your approval and take this opportunity to thank you for your kind consideration. CC: M.Miljus Picnic Chairman Yours truly, ROYAL CANADIAN NAVAL ASSOCIATION NIAGARA REGION , Joanne . B~ackburn President FASworld Canada 1509 Danforth Avenue, Toronto, ON M4J 5C3 Clerk's Office PO Box 1023 4310 Queen St. Niagra Fails, ON L2E 6X5 July 20, 2001 Dear Wayne Thomson, I am writing to request that you officially proclaim Fetal Alcohol Syndrome Awareness Day on September 9, 2001. We were pleased that you proclaimed Intemationai FAS Day on September 9, 2000, and hope that you will again join the many cities around the world which have declared September 9 as FAS Day. The day has been recognized by the Government of Canada and we expect that the UN will be next. FASD, Fetal Alcohol Spectrum Disorder, is the leading cause of mental retardation in Canada and the industrialized nations of the world. FASD is not just a "disease of the week" but a major root cause of numerous social disorders, including the homelessness/street kid issue that currently plagues Ontario. People with FASD also are at high risk of learning disabilities, early school drop-out, juvenile delinquency, drug addiction and alcoholism, mental illness, crimes against property, vandaiism, child and spousal abuse, unemployment and poverty. FASD can strike anywhere. It's not restricted to any community and can be found wherever there has been maternal drinking in pregnancy. Some researchers believe that as many as I in 100 people are affected with fetal alcohol disorders. The lifetime cost to taxpayers for treatment of individuals with FAS is estimated to be more than $2 million per person. Brian Philcox and Bonnie Buxton are coordinators of "FASWORLD CANADA", a non-profit organization connecting parents of FASD children around the world who are working to build awareness of the dangers of drinking in pregnancy, and the desperate plight of individuals with FASD and their families. Why was September 9 at 9:09 a.m. chosen as the moment to proclaim FAS Day? On the ninth minute of the ninth hour of the ninth day of the ninth month, our alliance asks the world to remember that during the nine months of pregnancy, a woman should not drink alcohol. We also Tel: (416) 465-7766 Fax: (416) 465-8890 < fasworlctcanada~home.com> www.fasworld.com PLANNING MEETING want the world to remember those millions of individuals who will not reach their genetic potential because their mothers drank in pregnancy. Volunteers around the world are working at getting their local bells to ring from 9:00 a.m. to 9:09 a.m this year in order to crente an international Bell Concordance. I have enclosed documentation about FASD and the FASWORLD alliance. Brian and Bonnie are adoptive parents of Colette, now 2 I, who was diagnosed with Fetal Alcohol Effects in November, 1997. Colette spent most of 1997 on the streets, surviving by squeegeeing and addicted to crack. We now believe that many squeegee kids struggle with undiagnosed fetal alcohol disorders, and would welcome an opportunity to meet you and other City Council members who would be interested in learning more about FASD. We would welcome any assistance you and Council can give us in encouraging the people of your great city to ring every bell available at 9:00 a.m. on September 9. Also enclosed is a "FAS Knot", our symbol of connection around the world. Yours truly, Eleni Souchlas FASWorld Canada Tel: (416) 465-7766 Fax: (416) 465-8890 < fasworldcanada~,,home.com> www.fasworld.com l A -B e kin g ! A New Diagnostic Classification: Fetal Alcohol Spectrum Disorder (FASD) The article (over) by Kieran O'Malley, M.D. reflects the necessity of a new umbrella term to define the huge numbers of children and adults in North America struggling with lifelong disabilities caused by prenatal alcohol. Usual government and other statistics for Fetal Alcohol Syndrome refer only to individuals with the visible characterishcs such as extremely low IQ, growth retardation, and facial dysmorphology. These statistics do not indicate what University of Washington's Ann Streissguth describes as "the huge part of the iceberg which is under water..." children and adults suffering from invisible neurological damage that causes cognitive and behaviour problems, who make up the majod{y of individuals with fetal alcohol damage. Now, many medical professionals are using the umbrella term, Fetal Alcohol Spectrum Disorder (FASD) to cover all of those clinical conditions: Fetal Alcohol Syndrome (FAS), Partial Fetal Alcohol Syndrome (pFAS), and Alcohol Related Neurodevelopmental Disorder (ARND), and other terms which have been used in the past few years. FASworld Canada welcomes this new terminology, which reflects those approximately 1 in 100 North Americans living with an invisible mental health disorder, generally undiagnosed. We will be using the term FASD in all of our literature. A native of Ireland, Dr. Kieran 0 'Mallfy is Acting Assistant Professor in the Department of P~chiatry and Behavioral Sdences at the Universi!y of W/ashinegton. He also has a Communify Pfychiatry Consultation practice in Calga{y, Alberta, limited to patients udth FetalAlcohol Spectrum Disorder and Autistic Spectrum Disorder. This article is reprinted by permission from FAS Times Fall 2000. FAS Times ispublished 4Y FAS Family Resource Institute, P.O. Box 2525 Lynmvood, IVA 98036. To subscribe, phone (253) 531-2878 or e-mail <vioCas(~hotmail. com>. FASworld Canada 250 Scarborough Golf Club Road Toronto, ON M1J 3G8 T: 416-264-8000 F: 416-264-8222 fasworldcanada(~,home.com www. fasworld.com A New Diagnostic Classification: FASD by Kieran O'Malley, MD ©FAS Times, Fall 2000 It has been over 25 years since Fetal Alcohol Syndrome was described in Seattle by David Smith and Ken Jones. The assodafion between prenatal alcohol exposure, facial dysmorphology, growth delay and central nervous system dysfunction is now well established. These first 25 years of animal and human research have shown that it is not the facial dysmorphology or growth delay that forms the major management problem of these children, adolescents and adults, but the variable range of central nervous system dysfunction. Sdentific research is also beginning to show that the level of CNS dysfunction does not correlate with the level of facial dysmorphology. So it is the "hidden" disability of FAS that becomes the greatest challenge. Fetal Alcohol Spectrum Disorder (FASD) describes a spec~um or range of clinical conditions associated with prenatal alcohol exposure. There are 3 subtypes: 1. Fetal Alcohol Syndrome (FAS) with full facial dysmorphology. 2. Partial Fetal Alcohol Syndrome (PFAS) with not all the facial dysmorphology. 3. Alcohol-Related Neurodevelopmental Disorder (ARND) with little or no facial dysmorphology. These subtypes are all nicely described in the book, Fetal Alcohol Syndrome: Diagnosis, l~pidemiology, Prevention and Treatment, compiled by the Institute of Medicine, published by National Academy Press, 1996, pp.4-5. It is by now widely accepted that ARND is by far the most common and problematic subtype. These are the patients who are unrecognized, with normal or above average IQ, and are often seen as deliberately defiant or disruptive. Because of this misconception, the parents are commonly blamed for causing these behaviours through theix "bad parenting." It was refreshing to read the survey in Summer 2000 FAS Times which showed that pediatridans and general practitioners (GPO are diagnosing 40% of FAS, and 44% of ARND. The access to diagnosis is thus increasing; with it the access to treatment will also follow. Ann Streissgnth and colleagues have shown that the prevalence of mental health disorders in patients with FASD is 90% throughout life. Maybe the "next generation" of researchers will begin to unravel the clinical subtypes of ADHD, Conduct Disorder, Anxiety Disorder, Mood Disorder, Psychotic Disorder and Language Disorder that these patients often show. It is hoped that as we train more doctors, they will be"given permission" to formulate a working diagnosis of ARND for children under 6 years of age with a clear history of significant prenatal alcohol exposure and signs of neurodevelopmental delay. Then services can begin for these young childre, and their families, as they wait for a definitive dysmorphological diagnosis. This will also offer not just a chance to intervene earlier, but also to see if the presence of facial dysmorphulogy has a significant effect on the course and type of treatment for the child and the family. My clinical experience of treating patients and families with FASD over the last 9-10 years suggests that certain clinical components are of prognostic significance. They are a history of prenatal binge drinking, quality of the home environment (especially presence of abuse) and level of structoral brain damage. These are consistent with the protective and risk factors quantified by Ann Streissguth and colleagues in the Secondary Disability Study at University of Washington (in Seattle.) We are now in an era where the brain disturbance can be seen in neuro-chemicals, such as Dopamine, GABA or Seratonin; so our knowledge of brain dysfunction will become more specific and link to treatment more appropriately. Thus the chemical actions of the medications that we use in patients with FASD will link more to their identified neurochemical disturbance. The FAS Times survey was disappointing in exposing the dearth of psychiatrists involved in diagnosis (and probably treatment.) As FASD is really a chronic neuropsychiatric condition, unrecognized by Psychiatric Classification DSM-IV, and (co-occurring) mental health problems are common, we all have a challenge ahead as parents and professionals. The new classification, Fetal Alcohol Spectrum Disorder, offers an opportunity to acknowledge the large majority of patients who have been affected by prenatal alcohol exposure but who do not offer a classic facial dysmorphology, which now keeps them members of a "hidden" population.* *See article in the July 2000, "Seminars in Clinical Neuropqychiat~y, " authors S treissguth and 0 'Mallfy. ~McKinley-Molodynia Chiropractic Clinic 4750 Valley Way (at Victoria), Niagara Falls, Ontario L2E 1W1 (905) 357-2060 Fax (905) 374-3135 July 30, 2001 FOR THE INFORMATION OF COUNCIL His Worship Mayor Wayne Thomson and Members of the Municipal Council, City &Niagara Falls, Ontario Dear Members: Re: Annual Man-A-Mile Relay Racd MAYOR The Niagara Parks Commission has approved the use of the Niagara Parks Commission Recreation Trail for this year's Man-A-Mile Relay Race. The details of the race are as follows: Date: Starting Time: Place: Monday, October 8, 2001 9:00 a.m. McFafland Park Proposed Route: The race will start at McFafland Park on the Niagara River Parkway and proceed south to Victoria Avenue in Niagara Falls, south on Victoria Avenue to Valley Way, southwest on Valley Way to Morrison Street and west on Morrison Street to Oakes Park. We respectfully request the use of the Municipal Roads for this event and request that the Mayor, or his representative, be present for the award presentations at Oakes Park. If any member is interested in entering a team (family, open, etc.) please contact me. A good way to wear offall that turkey!! Sinc_gerely, _ ~ JoZ~cKinley-Molodynia, Chairperson, Man-A-Mile Committee JMM/sh CC: Acting ChiefNickolls, Niagara Regional Police Chief Ray Vasallo, Niagara Parks Police Karl Dren, City Service Centre PLANNING I ETING AUG 1 ,3 ZIiDi July 27, 2001 His Worship Mayor Wayne Thomson 4310 Queen Street Niagara Falls, Ontario L2E 6X5 The Royal Canadian Legion NIAGARA FALLS (ONT. NO. 51) BRANCH Your Worship, On behalf of the Royal Canadian 479, we request that the week proclaimed "LEGION WEEK". Legion Branches No. 51, 396 and of September 16th to 22nd be This week will be observed through Canada and many Branches will have activities to make the public aware of Branch and Community projects. Branch 51 will be responsible for the payment of publication of the Proclamation in the Niagara Falls Review. Thank you for your attention to this very important event. For any further information, please contact Helen Keating at 354-8331, regarding Legion Week. Yours truly, Verna Bird Pres. Br.51 CC: Br.479 396 124 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331 The Royal Canadian Legion NIAGARA FALLS (ONT. NO. 51) BRANCH July 27, 2001 His Worship Mayor Wayne Thomson 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Thomson: On behalf of Branch 51 of the Royal Canadian Legion, we are requesting permission to use the venue of Fairview Cemetery in Niagara Falls to hold our annual Parade to the Unknown Soldier at 10:30 a.m., Sunday, September 16th, 2001. This is the beginning of Legion Week and other Branches and Veteran units will be participating. Thank you for your attention to this matter, we remain Yours truly, Verna Bird Pres. Br.51 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331 The Royal Canadian Legion NIAGARA FALLS (ONT. NO. 51~ BRANCH July 27, 2001 His Worship Mayor Wayne Thomson 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Thomson: On behalf of the Royal Canadian Legion Branches 51, 396, and 479, we request that permission be granted for a Legion Flag Raising Ceremony to be held on Monday, September 17, 2001, at 9:00a.m. in honour of Legion week. This week will be observed throughout Canada and it would be greatly appreciated if permission could be received to fly the Canada Remembers flag at City Hall. We also request your presence and members of City Council at this event. We appreciate your attention to this matter. Yours truly, Verna Bird Pres. Br.51 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331 MORR1SON HERSHFIELD Suite 600, 235 Yorkland Blvd., Toronto, Ontario M2J lTl Tel. (416) 499-3110 Fax. (416) 499-9658 www.morrisonhershfield.com July 17, 2001 Mr. E.C. Wagg Clerks Department P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 Dear Sir; Re: Noise by-law Exemption Request for construction work on structures at Highway 420 and Drummond Road and Portage Road. Morrison Hershfield Limited, as a consultant to the Ministry of Transportation, will be completing a bridge maintenance design for the overpass structures as noted above. The construction for this project is scheduled for October 2001. To expedite the construction and minimize disruption to the travelling public, we are seeking a noise by-law exemption for night work construction and Sunday construction. Please process this request. If you have any questions please contact me at 416-499-3110. Yours very truly, Mordson Hershfield Limited James Weir, P.Eng. Cc: Mariusz Kobiela Joseph Ostrowski Suite 200, 1300 Yonge Street Toronto, Ontario, Canada M4T lX3 (416) 966-3424 INWATS 1-800-268-7061(in On~o) FAX(416)960-5450 Ontario Teachers' Federation F6d6ratlon des enselgnantes et des enseignants de I'Ontarlo July 11,2001 Wayne Thomson, Mayor P.O. Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Wayne Thomson: Last fall I wrote to you as President of the Ontario Teachers' Federation (OTF), on behalf of the 144,000 teachers of Ontario asking you to declare World Teachers' Day in your community. Many municipalities responded positively and proclaimed World Teachers' Day. Other municipalities suggested we make our request earlier in the year. Today I am asking that you proclaim Friday, October 5, 2001 as Wodd TeachersI Day in Niagara Falls. In October 1994, at the 44th Session of the International Conference on Education in Geneva, UNESCO designated October 5 as World Teachers' Day. It was also recommended that this be an annual event. The date is the anniversary of the adoption of the 1966 Recommendation on the Status of Teachers. The United Nations agency has designated a World Teachers' Day to recognize the work of teachers, and the role they play in shaping our collective future. As the professional body representing 144,000 teachers in the publicly funded schools of Ontario, OTF is mandated by statute: (a) to promote and advance the cause of public education; (b) to raise the status of the teaching profession; (c) to promote and advance the interests of teachers and to secure conditions that will make possible the best professional service; (d) to arouse and increase public interest in educational affairs. (e) to co-operate with other teachers' organizations throughout the world having the same or like objectives; In addition to our work at home, the OTF, through its International Assistance Program, supports teachers from developing countries. The financial support that we are able to send enables these teachers to buy whole-school sets of textbooks, supports teacher education programs in teachers' home countries and also makes it possible for teachers to study overseas. By observing October 5, 2001 as World Teachers' Day, Niagara Falls would be telling its teachers that the people of Niagara Falls appreciate the dedication and commitment teachers bring everyday to the classroom. I hope you can meet our request and look forward to hearing of your plans for World Teachers' Day. Sincerely, Roger R6gimbal, President Victoria Centre B.I.A. P.O. Box 841 ~ Niagara Falls, Ontario - L2E 6V6 ~ Phone 905-358-7137 ~ Fax 905-358-5891 June 29, 2001 ltis Worship Mayor Wayne Thomson and Council City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Wayne: 'l]~e members of file Victoria Centre BIA have some concerns regarding the grates at the base of fl~e trees in our area. The elements have caused them to shift, tip and/or sink. We feel they are a safety hazard to pedestrians as they often are walking across them. If someone were to trip and fall they could be injured and as such sue the city for damages. Although these grates are attractive, they have become rusty and are in need of painting. I spoke to Tony Giacobeti regarding this matter but apparently staff feels this is e B1A s respons~bthty. The Board of Management has asked me to be in contact xvifl~ you regarding this matter as the trees are on city property. If you could -kindly look into this matter and advise it would be apprcclated. 'Iih an king yJ:~'-~ Sue McDowell advance for your consideration, j wooay weg~ - in?'!m~!~n -i~reerlng gommmee o~ale~ly ~u~r!;~ r=~ ~ t From: "Pilon, Janet" <jpilon~)ragional.niagara.on.ca> To: 'Albert Gullet' <wainfleet(~inter-pc. com>, 'Carolyn Kerf' <ckett~orterie.on.ca>, 'Cheryl Miclette' <clerks~tovmpelham.on.ca>, 'Craig Stirlzinger' <clerk~clty.wellend.on.ca>, "'E.C. Wagg"' <wwagg~city. niagarafalls.on.ca>, "'H. Dowd"' <hdowd~notl.org>, 'Janet Beckett' <jbeckett(~portcolbome.com>, 'John Bice' <clerk~thorold.com>, 'Kathryn Vout' <kvout@town.grimsby.on.ca>, '"Kenneth R. Todd'" <ktodd@city.stcatharines.on.ca>, 'Salter Hayden' <clangley~wesflincoln.com>, 'Troy McHarg' <tmcharg~townoflincoln.com> Date: 8/9/01 9:28AM Subject: Invitation - "Steering Committee Strategy Sessions" As you ara aware, the Transportation Strategy Steering Committee is developing the Niagara Region's first comprahensive transporl~tion stratagy. This strategy is aimed at integrating and coordinating the Region's transportation infrastructure to bett~r serve the interests of Niagara Region. The strategy will incorporate all modes of transportation including marine, road, rail, cycle, pedestrian, and mass transit. Over the past year and a half an extensive public and stakeholder outraach program has been undertaken to determine both the needs and wants of the community. Open Houses, focus groups, workshops and an interactive website have been coupled with a review of available regional, provincial and federal transportation studies to prapare the Committee for the strategy development process. On behalf of the Co-Chairs of the Transportation Strategy Steering Committee, I am cordially inviting one member of your Council to participate in the t~o half-day "Steering Committee Strategy Sessions" at the Four Points Sheraton Hotel in the Decew Room on September 4th at 1:00 p.m. and September 5th at 1:00 p.m. to develop a comprehensive transportation strategy for the Regional Municipality of Niagara. The first session will be a review of the outreach findings as well as the research material. The second session will be dedicated to drafting the strategy. Once drafted, the strategy will be confirmed using a statistically significant public opinion survey to give it mora weight as an advocacy tool for Regional Council to successfully bring transportation infi-astructura funding fi-om other levels of government to Niagara Region. Your designates participation is critical to this process, please provide me with the name of your designate a.s.a.p. Thank you, Janet Pilon Legislative Assistant Clerk's Department (905) 6854225 Ext. 3220 Fax (905) 685-6243 <mailto:jpilon~)regional. niagare.on.ca> jpilon@ragional.niagara.on.ca CC: "Barr, John" <jbarr@regional.niagare.on.ca> FLANNIN I ETJNG_ ,ALJ[ I 3 Office of the Mayor Wayne H. Redekop Mayor Wayne Thomson City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Faxed cop/~y y~...5 6- 9 08 3 Dear ~[omson: July 26, 2001 I am writing to Provide more information about nay interest in organizing a meeting with other municipal leaders representing border communities across Ontario with gaming interests. A meeting has been scheduled during the Association of Municipalities annual conference in August in Toronto. The meeting is scheduled at 12:00-1:30 pm on Tuesday, August 21th in the Manitoba Room (Main floor) at the Royal York Hotel. (lunch will be available.) It is hoped that at the very least, we can meet and discuss this idea further and consider the potential benefits of forming an alliance to represent our communities. For the purposes of focusing this strategy, representatives of border communities with OLGC gaming establishments will be invited to attend. As part of the presentations, I have invited representatives of Environics Communications Ltd. to address our group and propose strategies for our consideration. This forum will also allow information to be exchanged about the unique economic and marketing opportunities existing given the proximity of our communities to the U.S. border and consider strategies to improve our gaming market position. Would you please indicate the number and names of the representatives who plan to attend this important meeting by contacting Mr. Al Stouffer of the Community Gaming Development Corporation of the Town of Fort Erie by telephoning (905) 871-1600, ext. 517. I look forward to advancing this idea further and exploring the possible benefits of such an alliance. Thank you for your assistance in this regard. Yours sincerely, ~3/layor, Town of Fort Erie Mailing Address: The Corporation of the Town of Fort Erie Municipal Centre, 1 Municipal Centre Drive Fort Erie, Ontario, Canada L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone (905) 871-1600 Fax (905) 8714022 AR ALLS P.O. Box 324, THOROLD, ON L2V 3Z3 0 August 9, 2001 Mr. E. C. Wagg, C. M. O. City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E X5 Dear Mr. Wagg: The Rotary Club of Niagara Falls Sunrise will be hosting the Tenth Annual Art By The Falls on September 14, 15 and 16 of this year. We respectfully request that the City Council of the Corporation of the City of Niagara Falls adopt a resolution to recognize this event as a designated "community festival". We would like to take this opportunity to extend an invitation to Mayor Wayne Thomson, Members of Council, City Staff and their families to visit us at our show located at the Niagara Parks Commission's Rapidsview Parking Lot. Once again there will be an excellent selection of arts and crafts from across Ontario as well as entertainment and food services from across the region. Yours truly, Rotary Club of Niagara Falls Sunrise Richard Crabbe Co-Chair Art by the Falls RC:cec The City of Niagara Falls Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafails.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih bdarrall~city,niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2001-111 August 13, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re-' MW-2001-111 Contract 01-198-00 Phase 1 Montrose Road and QEW Sanitary Sewer RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, V. Gibbons Contracting Ltd., be accepted and the by-law be passed. BACKGROUND: The Tender Opening Committee, in the presence Ray Miller, the representative for the City Clerk, Mr. E. C. Wagg, opened tenders on Thursday, August 9, 2001 at 1:30 p.m. for the above noted contract. Tender documents were picked up by seven (7) Contractors and three (3) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the three (3) Contractors, together with the corrected bids *. 1. V. Gibbons Contracting Ltd. (Ridgeway) *$329,543.61 ($329,534.11) 2. DeRose Bros. Gen. Contracting ( Thorold ) *$370,391.11 ($70,391.12) 3. Provincial Construction ( Niagara Falls ) $395,472.75 The lowest tender was received from V. Gibbons Contracting Ltd. in the amount of $329,543.61. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development · Building & By-Laws 2001-08-13 2 MW-2001-111 The construction of the Business Park Entrance, driveway for Alo North America, has been included in this tender, as a provisional item that may be deleted from the contract. The actual construction of the Business Park Entrance is dependent upon the City of Niagara Falls and Metrus Limited entering into an agreement. Financing: The Engineer's estimate for this contract was $280,000.00. Project Costs: Awarded Contract $329,543.61 Miscellaneous Fees ( MOE & MTO) $ 2,650.00 Net G.S.T. 3% $ 9,886.31 TOTAL $342,079.92 Funding: 2001 Capital Construction Program Metrus Limited Agreement TOTAL $262,079.92 $ 80,000.00 $342,079.92 This project is scheduled to commence on September 4, 2001. All works are to be completed by October 12, 2001. Council's concurrence with the recommendation made would be appreciated. Prepared by: Project Manager ~~Reco [:led by: Ed Dujlovic, P.Eng. Director of Municipal Works ectfil~,su~ ~i'; fmAd dPI~iLn~ str at ive OSX'i~ ~/~ nald Executive Director of Community Services Corporate Services Department The City of Niagara Falls I - Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@ city.niag arafalls.on.ca R,O. Kallio City Solicitor L-2001-44 August 13, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-44, Panoramic Hospitality Inc. (Tony Roma's Restaurant) Sidewalk Caf6 License Agreement with the City 6733 Falisview Blvd. Our File No.: 2001-137 RECOMMENDATION: That the City enter into a Sidewalk Caf6 License Agreement with Panoramic Hospitality Inc. (Tony Roma's) for a portion of City sidewalk located in from of 6733 Fallsview Boulevard. BACKGROUND: Panoramic Hospitality Inc. (Tony Roma's) has made application to the City to establish a sidewalk caf6 in front of Tony Roma's Restaurant located at 6733 Fallsview Boulevard: The licensed area is approximately 3.05 metres wide and 28.80 metres long. It is shown in heavy outline on the plan attached. Based on a rental rate of $25.00 per square metre, established by Council in 1998, the annual license fee will be $2,196.00 per annum, payable in advance. The term of the proposed licence is five years and the sidewalk caf6 will be required to operate in accordance with the City's Sidewalk Caf~ Guidelines. Either party may terminate this license, at any time, upon 30 days written notice to the other party. The Licencee will also be required to take out and keep in force a comprehensive policy of general liability and property damage insurance of not less than $2,000,000.00 with the City to be included as additional insured. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development L-2001-44 -2- August 13, 2001 Staffhas no objection to a license agreement for the purpose of a sidewalk caf6. If, however, the remaining 3.0 metres of sidewalk proves to be insufficient to accommodate the flow of pedestrians in this high volume area, the applicant will be requested to reduce the width of the proposed caf6 or remove it entirely. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. ~by: I~D. Kallio, City Solicitor. Re~.lly ~mitted:~ Edward P. Lustig,~._~ / Chief Administrative Office/ I I METRIC: Oistonces shown On Ibis plo~ ore in metres ond con be converted to feet by di~Fdinq by 0..$048. % (~.: NOTE: THIS SKETCH IS N(~T A PLAN OF SURVEY. (...,.,,~mo.,, ~ ~d PART OF FALLSVlE' o.,o,io Lo.~ s...e~. CITY OF NIAGARA F. 2~g hm~d ,REGIONALo MUNICIPAU~, C,, The Cih/of Niagara Falls JJ~,~' Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site; www.city.niagarafalls.on.ca Tel: {905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niaga rafatls.o n.ca August 13, 2001 R.O. Kallio City Solicitor L-2001 - 45 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-45 Letters of Credit Our File No. 1996-08 RECOMMENDATION: That the limits set for aggregate amounts for Letters of Credit received fi.om Niagara Credit Union be increased to $6,000,000.00. BACKGROUND: The existing By-law with respect to Letters of Credit sets out "up to an aggregate amount of $800,000.00" for Niagara Credit Union. Attached is a letter fi.om the Niagara Credit Union dated May 2, 2001, wherein they are requesting that the aggregate amounts of Letters of Credit for the Niagara Credit Union be increased. Niagara Credit Union officials have advised us verbally that they are seeking an aggregate limit of $6,000,000.00. The Director of Finance has reviewed this request and supports same. Recommended by: ROK:mm Clerk's Finance Approved by: T. Ravenda, Executive Director of Corporate Services . ctthll~ubmit~ Edward P. Lus~ig, Chief Administrative Office[.// Working Together to Serve Our Communffy Human Resoumes Information Systems · Legal Planning & Development SCHEDULE "A" to CITY OF NIAGARA FALLS By-law No. 2001 - Bank o f Montreal The Bank of Nova Scotia Canadian Imperial Bank of Commerce The Royal Bank of Canada The Toronto-Dominion Bank Niagara Credit Union Limited (up to an aggregate mount of $6,000,000.00) Cataract Savings & Credit Union Limited (up to an aggregate amount of $150,000.00) Family Savings and Credit Union (Niagara) Limited (up to an aggregate amount of $250,000.00) Corporate Services Department Niclgoro FollsIIB Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2001-47 August 13, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-47, Macesic Agreement with the City Parts 2 and 3 on Reference Plan No. 59R-11435 South Side of Sherk Road Our File No.: 2001-163 RECOMMENDATION: That an agreement with Branko Macesic and Milja Macesic regarding conditions imposed by the Committee of Adjustment by a decision dated May 22, 2001 under File Nos. B28/2001/NF and B29/2001/NF, be authorized. BACKGROUND: As a condition of Committee of Adjustment approval, by decision dated May 22, 2001 under File Nos. B28/2001/NF and B29/2001/NF, Branko Macesic and Milja Macesic are required to enter into an agreement with the City to limit the use of the subject land to estate residential development. Branko and Milja Macesic agreed to execute this agreement with the City. A copy of the agreement is attached for your information. S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Executive Director of Corporate Services. RR.e~a~,edby: City Solicitor. .ctfully S.S~ubmitted: . Working Together to Serve Our Community Human Resources Information Systems Legal Clerk's Finance · Planning & Development THIS AOREEMENT made this 27a' day of.luly, 2001. BETWEEN: BRANKO MACESIC and MILJA MACESIC Hereinafter called the "Owner", -and- of the FIRST PART; THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City", of the SECOND PART; WHEREAS Branko Macesic and Milja Macesic are the owners of the land described in Schedule "A" attached hereto and forming part of this agreement, hereinal~er referred to as the "said laud"; AND WHEREAS as a condition of Committee of Adjustment approval the Owner is required to enter into an agreement with the City with respect to conditions imposed by the Committee by decision dated May 22, 2001 under File No. B29/2001/NF. NOW THEREFORE in consideration of approval of the Committee of Adjustment, and other good and valuable consideration, the Owner COVENANTS AND AGREES with the City as follows: 1. The Owner is the registered owner of the said land and consents to the registration of this agreement against the title to the said land, if necessary. 2. The Owner acknowledges and agrees that use of the said land be limited to that of estate residential development, which means that there shall be no horses, cows or other farm animals permitted on the said land. The growing of crops shall not be permitted. 3. Any notice to be given pursuant to this agreement may be delivered or sent by Prepaid First Class Mail or Facsimile Transmission to the Owner and the City as follows: Branko Macesie and Milja Maeesie 2766 Sherk Road RR #3 Niagara Falls, Ontario L2E 6S6 Telephone: (905) 295-0640 Fax No.: (905) -2- The Corporation of the City of Niagara Falls Attention: City Clerk 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario Telephone No.: (905) 356-7521 Fax No.: (905) 356-2354 Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other pa~. three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 4. This agreement shall enure to the benefit of and be binding upon the Owner, his successors and assigns and assigns in title. 5. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or feminine or the neuter has been used where the context or the party or parties so require, and the rest of the sentence shall be construed as if the grammatical and termindlogicai changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the City has hereunto affixed its corporate seals duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have the authority to bind the corporation and the Owner hereunto sets his hand and seal. IN THE PRESENCE OF Name: Br~oMacesic Nam~ Milja Macesic THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Wayne Thomson Title: Mayor Name: E. C, Wagg Title: City Clerk We have the authority to bind the corporation -3- SCHEDULE "A" to an Agreement dated July 23rd, 2001 between BRANKO MACESIC and MILJA MACESIC and THE CORPORATION OF THE CITY OF NIAGARA Part Lot 6 Broken Front Concession N.R. in the former Township of Willoughby now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as Parts 2 and 3 on Reference Plan No. 59R-11435. Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-maih rkallio@city.niag arafalls.o n.ca R.O. Kallio City Solicitor L-2001-49 August 13, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-49, Conveyance of Lot 33 on Plan No. M-29 To Taro Properties Incorporated Olden Avenue Our File No.: 1999-68 RECOMMENDATION: That a conveyance of Lot 33 on registered Plan No. M-29 to Taro Properties Incorporated, for nominal consideration subject to any existing utility easements, be authorized. That Transfers of Easements be authorized for any existing unregistered easements prior to conveyance of Lot 33 on registered Plan No. M-29. BACKGROUND: In 1976, Taro Properties Incorporated conveyed Lot 33 on registered Plan No. M-29 to the City, for future access to adjacent undeveloped lands, pursuant to the terms of the Subdivision Agreement for Mount Forest Subdivision. The subdivision agreement provided that if access was not required, Lot 33 would be returned to Taro Properties Incorporated. Subsequently, the adjacent lands were developed and, as a result, Lot 33 is no longer required for access. Staffis recommending that the Lot be reconveyed to Taro Properties Incorporated, for nominal consideration, subject to any existing utility easements. Working Together to Serve Our Community Clerk's Finance Human Resources · Information Systems Legal · Planning & Development L-2001-49 - 2 - August 13, 2001 Taro Properties Incorporated has provide the City with a Resolution of all the Directors of Taro Properties Incorporated together with a written indemnification to protect the City should the City transfer Lot 33 to it (attached). Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. Re,by: ~,~-R.O. Kallio,k..J '~ City Solicitor. Respect fu~Submittqd.' CERTIFICATE OF SECRETARY OF TARO PROPERTIES INCORPORATED (the "Corporation") THE UNDERSIGNED Secretary of Taro Properties Inc. hereby certifies as follows: Annexed hereto is a tree and complete copy of a resolution made by all of the directors of the Corporation on the 18t~ day of July, 2001, authorizing the reconveyance of certain property to the Corporation from the City of Niagara Falls, and authorizing either the President or Secretary of the Corporation to take all measures giving effect to same. Ken Fowler and Roy Cairns referred to in the above resolution are and were at the date of execution of the resolution all of the directors of the Corporation. DATED July 20th, 2001. Roy Cairns Secretary RESOLUTION OF ALL OF THE DIRECTORS OF TARO PROPERTIES INCORPORATED (the "Corporation") WHEREAS the Corporation transferred Lot 33 on Plan M-29 (hereinafter the "Property") to the City of Niagara Falls for possible future access to undeveloped lands to the west of the Property. AND WHEREAS under an Amendment Agreement to the Subdivision Agreement, the Property is to be reconveyed to the Corporation should it no longer be required by the City of Niagara Falls. AND WHEREAS the City of Niagara Falls now no longer requires the Property for possible future access to undeveloped lands to the west of the Property and is now prepared to reconvey the Property to the Corporation. BE IT RESOLVED THAT: 1. The Corporation hereby agrees to the reconveyance of the Property; Either the President or Secretary, or both, of the Corporation is/are hereby authorized and directed to execute, deliver, file and register all such documents, instruments and further assurances and to take all such action as may be necessary or desirable to give effect to these resolutions and to the reconveyance of the Property to the Corporation. The undersigned, being all of the directors of the Corporation, sign these resolutions in accordance with the Business Corporations Act (Ontario). DATED this July 18th, 2001. Ken Fowler, President Roy Cai INDEMNITY OF TARO PROPERTIES INCORPORATED (the "Corporation") TO THE CITY OF NIAGARA FALLS TO: THE CITY OF NIAGARA FALLS (the "City") WHEREAS the Corporation transferred Lot 33 on Plan M-29 (hereinafter the "Property") to the City for possible future access to undeveloped lands to the west of the Property. AND WHEREAS under an Amendment Agreement to the Subdivision Agreement, the Property is to be reconveyed to the Corporation should it no longer be required by the City. AND WHEREAS the City now no longer requires the Property for possible future access to undeveloped lands to the west of the Property and is now prepared to reconvey the Property to the Corporation. NOW THEREFORE THIS INDEMNITY WITNESSETH THAT: In consideration of the completion of the reconveyance of the Property by the City to the Corporation, the Corporation hereby covenants and agrees that it shall, and hereby does, indemnify and save the City harmless from any and all losses, liabilities, claims, demands, actions and suits (whether or not involving a third party claim) whatsoever that are or may be made against the City in connection with the reconveyance of the Property. In the event of any claim or action made or taken against the City for which indemnity may be sought hereunder which the City seeks to defend or dispute, the Corporation agrees that it will assume the obligation of paying any ongoing legal costs and expenses incurred by the City in the disputing and defending of such claim or action; alternatively at the Corporation' s option the City shall permit the Corporation to assume the defence of any such claim or any litigation resulting from it provided that counsel retained by the Corporation shall be approved by the City (which approval shall not be unreasonably withheld). The City may at its own expense participate in the defence. The Corporation shall not, in the defence of any claim or litigation, except with the consent of the City, consent to entry of any judgment or enter into any settlement that does not include, as an unconditional term the giving by the claimant or plaintiff to the City of a release from all liability in respect to the claim or litigation. This Indemnity shall include all reasonable costs expended by the City as a result of any claim as aforesaid, including legal costs on a solicitor and his own client basis. The City, by acceptance of this Indemnity, agrees to promptly notify the Corporation of any such claim or demand as aforesaid; however, the failure of the City to give the required notice shall not relieve the Corporation from its obligations under this Indemnity unless the failure to give notice is materially prejudicial to the Corporation's ability to defend the action. -2- This Indemnity shall enure to the benefit of and be binding upon the Corporation and the City and their respective heirs, executors, successors, administrators and assigns. Dated at St. Catharines, Ontario this 18t~ day of July, 2001. TARO PROPERTIES INCORPORATED Ken Fowler, President I have authority to bind the corporation. TARO PROPERTIES INCORPORATED Per:Roy Cairns, S~e I have authofit' bind the corporation. 40 GREEN BOUGHS ROAD BLOCK "J" BLOCK _ ----.- .... 23, Corporate Services Department CD-2001-09 Niagara Falls Can~lll~ Clerk's Division 4310 Queen Street P,O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www,city.niagamfalls,on.ca E.C. Wagg City Clerk Tel: (905) 356-7521 Fax: (905) 356-9083 J~m" ' _arafalls.on.ca August 13,2001. His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: CD-2001-09 - Special Occasion Permit RECOMMENDATIONS: That Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. BACKGROUND: Concespondence has been submitted by the following organization and has been reviewed and approved by the Parks, Recreation & Culture; Building & Inspections Division; and the Fire Department. Council's concurrence with the Recommendation is requested. Stamford Centre Volunteer Firemens AsSociation IBlues in the Park 2-DAY Festival Sept. 14&15, 2001 Fireman's Park Recommended by: E.C. Wagg, City Clerk Respectfully submitted:--~.. ! Edward P. Lustig / Chief Administrative Officer / Approved by: Tony Ravenda Executive Director of Corporate Services ECW:lw Clerk's Finance Working Together to Serve Our Community Human Reaoumes Information Systems Legal Planning & Development The CiW of Niagara l:all$ On. rio Council Chambers No. August 13, 2001 Moved by Alderman Seconded by Alderman WHEREAS the Niagara Region has three psychiatric units in Niagara Falls, St. Catharines and Welland, respectively; AND WHEREAS the Niagara Health System has indicated that one of these units will be closed; AND WHEREAS the local psychiatric community is opposed to this move and has stated that many individuals will be left vulnerable without adequate facilities; THEREFORE BE IT RESOLVED THAT the Niagara Health System not make any decisions on the closure of psychiatric units until a proposed meeting with the Region's Mayors, scheduled for September 12th, takes place. AND the Seal of the Corporation be hereto affixed. E.C. WAGG WAYNE THOMSON CITY CLERK MAYOR The City of Niagara Falls, Ontario Council Chambers NO. Moved by Alderman Seconded by Alderman August 13, 2001 BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show being held on September 14, 15 and 16, 2001 and designates the event as a "Community Festival" in Niagara Falls. AND the Seal of the Corporation be hereto affixed. E. C. WAGG WAYNE THOMSON CITY CLERK MAYOR