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2001/09/10PLANNING MEETING September 10, 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. PRESENTATIONS 200t Summer Trillium Awards His Worship Mayor Thomson will present the 200,1 *Summer Trillium Awards to the following: Residential Category: First Place: Second Place: Third Place: John & Shsrlene Seidl Bill & Wilma Selman Anne Mason CommercialllnstitufionalllndustriallMulfir~le Dwellin¢~ Complexes: First Place: Second Place: Third Place: My Cousin Vinny's - Mr. Rick Driteacos St. Thomas More Church - Rev. Randy Gallant Happy Wanderer Restaurant - Mrs. Hilde Mercnik Residential Cate¢~orv - Awards of Merit: Pasquale Carbone Phil & Kym Cody Russell Boles Ronni Fisher-Chandler -:2- CommercialllnsfitufionallMultiDle Residential Dwellina - Awards of Merit: La Riviera Motel Summerset Court Mullen Brothers Market Maple Leaf Motel Juris Skalde Anthony DiGiacomo Dave Mullen Carole Juliani Team Ontario Under 15 Girls' Soccer Team His Worship Mayor Thomson will present a token of appreciation to Kryetin Wilson and Lisa Collison on their Gold Medal win at the National Championships for Team Ontario's under 15 Girls' Soccer Team in Prince George, B.C. West Nile Virus DEPUTATIONS Mr. Bjorn Christensen, Director, Health Protection & Promotion and Ms. Tina Rose, Public Health Inspector, Regional Niagara, Public Health Department wish to address Council on the West Nile Virus. 2001 Annual United Way CamDaion Mrs. Paisley Janvary-Pool, 2001 Campaign Chair, wishes to provide information on the 2001 Annual United Way campaign. Fallsview. B.I.A. Mr. Bryan Morris, Fallsview, B.I.A. wishes to provide Council with an overview plan for the installation of upgraded light standards in the Fallsview BIA. area. -3- PLANNING MATTERS ITEM NO. 31 ITEM NO. 32 ITEM NO. 33 Public Meeting Official Plan & Zoning Amendment Application AM-20/99, Policies for Testamentary Devise Parcels Background Material: Recommendation Report: PD-2001-76 - AND - Correspondence from Brian N. Sinclair Correspondence from Debbie Barter Correspondence from Niagara Peninsula Conservation Authority Correspondence from Pamela L. Stewart Public Meeting Zoning By-law Amendment Application AM-20/2001,4882 Hunter Street Applicant: Diamianos Partheniou Agent: Harry Korosis Proposal: Commercial Parking Lot Background Material: Recommendation Report: PD-2001-75 - AND - Correspondence from Regional Niagara, Planning And Development Department Correspondence from Luciano Chieca Correspondence from Brenda J. Hicks Correspondence from an Area Resident Public Meeting Zoning By-law Amendment Application AM-23/2001, W/S River Road, South of Elgin Street Applicant: 647802 Ontario Limited et al Agent: John Hopkins Proposed Alternate Parking Requirements for an Expansion to Souvenir City ITEM NO. 34 -4- Background Material: Recommendation Report: PD-2001-79 - AND - Correspondence from Regional Niagara, Planning And Development Department Correspondence from Claude & Marjorie Scoff Correspondence from Christine & Richard Twinn Correspondence from John B. Hopkins Correspondence from Marjorie D. Scoff Public Meeting Zoning By-law Amendment Application AM-21/2001, 6740 Fallsview Boulevard And the North side of Dunn Street Applicant: The Ritz Motel Ltd. Agent: Italia Gilberti Proposal: Off-Site Parking for the Embassy Suites Hotel Background Material: Recommendation Report: PD-2001-84 - AND - Correspondence from Regional Niagara, Planning And Development Department MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2001-78, Appeal to Zoning By-law No. 2001- 157, AM-08/2001, Grand Niagara Resort Corporation, Grassy Brook Road between Montrose & Morris Roads; 36-Hole Golf Course Hotel, Vacation Villas, Conference Centre, Fitness Centre/Spa Chief Administrative Officer PD-2001-80, Request for Extension to Draft Plan Approval, Chippawa West Phase 2, 26-T94009, Owner: Queensway-Chippawa Properties Inc. 3. Chief Administrative Officer PD-2001-81, Call for Proposals, Zoning By-law Review. Chair, LACAC Chief Administrative Officer ADOPTION OF MINUTES: -5- PD-2001-82, Matters Arising from the Local Architectural Conservation Advisory Committee. PD-2001-83, Request for Extension to Draft Plan Approval, Warren Woods, 26T-96001 (Revised); Owner: 797045 Ontario Ltd. (S. Cowan) REGULAR COUNCIL Planning/Regular Minutes of August 13, 2001. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS m COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Niagara Regional Minor Football Association - Re: Designation of City-owned fields - requesting that the City of Niagara Falls designate one of the City-owned fields exclusively as a football playing venue. RECOMMENDATION: Refer to staff. Niagara Falls Arts & Culture Commission - Re: Resignation - advising that Members of the Commission have accepted the verbal resignation of Margaret Mingle from the Arts & Culture Commission, City of Niagara Falls. RECOMMENDATION: Receive and File. Mr. Fermino Susin, Niagara Airport Commission - Re: Appointment- requesting that Council appoint a Council representative to the Niagara Airport Commission. RECOMMENDATION: For the consideration of Council. The Canadian Foundation for the Study of Infant Deaths - Re: Proclamation - requesting that Council proclaim October as SIDS Awareness Month in the City of Niagara Falls. RECOMMENDATION: That the request be approved. Hazel Foreythe, Bible Baptist Church - Re: Special Occasion Permit - requesting Council approval to hold a fireworks display on September 20, 2001 at the Bible Baptist Church on 5329 Beechwood Road. RECOMMENDATION: That the request be approved subject to established policy. Se -6- Mr. Rudy Tychynski Sr. - Re: Indoor Horseshoe League - requesting Council consideration to have an indoor space to house an indoor horseshoe winter league. RECOMMENDATION: Refer to staff. Mr. Rick Watson - Re: Development Charges development charges. RECOMMENDATION: Refer to staff. - requesting a refund of Correspondence from Peter Corfleld, Fire Chief- Re: Resignation - Submission of Resignation as Fire Chief from the City of Niagara Falls. Correspondence from Daniel Dufresne - Re: Petitions - requesting Council support to petition the Provincial and Federal Governments to end homelessness in Ontario and Canada. RECOMMENDATION: For the consideration of Council. 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 1. Chief Administrative Officer 2. ChiefAdministrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer MW-2001-106, Tender #-4-2001, Tandem Truck Purchase MW-2001-120, Tender#7-2001, new Equipment Purchases MW-2001-121, Tender #8-2001, Tires, Tubes & Repair Service. MW-2001-60, 2001-2002 Agreement Corps. Of Commissionaires School Crossing Guard Co- ordinator. ' Alderman Klm Craitor, Chair Parking & Traffic Committee CORPORATE SERVICES MATTERS 1. Chief Administrative Officer -?- Verbal Report regarding the meeting with the Hon. Brad Clark, Minister of Transportation on August 27, 2001 with respect to Traffic Safety and Aggressive Driving. F-2001-58, Municipal Accounts. RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS MISCELLANEOUS MATTERS Chief Administrative Officer Alderman Selina Volpatti, Chair Body Rub Parlour Committee Chief Administrative Officer 4. Chief Administrative Officer 5. Chief Administrative Officer 6. Chief Administrative Officer 7. Chief Administrative Officer CD-2001-10, Special Occasion Permit. Report of the Body Rub Parlour Committee - Re: Marijana Kovinic. L-2001-50, Declare Surplus and Authorize a Land Exchange of the Closed Portion of Laneway at the Rear of Chalet Motor Inn on McGrail Avenue. L~2001-51, Repeal By-law to Exempt Land from Part Lot Control 6510 & 6520 Barker Street, Lots 112, 113 & 114 Plan No. 64. L-2001-52, Aiello Agreement with the City; Building Permit Testamentary Devise; Part 9 on Reference Plan No. 59R-7428 Morris Road; Hodkin Agreement with the City; Building Permit - Testamentary Devise part 16 on reference Plan No. 59R-7414, Detenbeck Road. L-2001-54, Authorization to Proceed with the Closing ofa Laneway between Leader Lane and Ferguson Street. L-2001-55, Closing and Declaring Surplus part of Graham Street; Designated as parts 8 and 9 on Reference Plan No. 59R-11438. Chief Administrative Officer -8- L-2001-56, Amendments. Body-Rub Parlour By-law BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2001-185 To amend By-law No. 79-200, as amended. (Re: AM-17/91, M. Ricci) 2001-186 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. 2001-187 To authorize the execution of an agreement with Roadware Group Inc. respecting a road needs survey for approximately 400 kilometers of roadway in the City of Niagara Falls. 2001-188 To authorize an Agreement, dated August 22, 2001, with Antonio Aiello regarding application for a Building Permit. (Re: Report L-2001- 52) 2001-189 To authorize an Agreement, dated August 20, 2001, with Mark Hodkin and Kelly Hodkin regarding application for a Building Permit. (Re: Report L-2001-52) 2001-190 To repeal By-law No. 2001-87, being a by-law to designate certain land not to be subject to part lot control. (Re: Report L-2001-51) 2001-19i To declare surplus the closed portion of a laneway between Lots 109 and 126 on registered Plan No. 291, designated as Part 1 on Reference Plan No. 59R-11000. (Re: Report L-2001-50) 2001-192 To authorize the transfer of the closed portion of a laneway between Lots 109 and 126 on Plan No. 291 in the City of Niagara Falls, in the Regional Municipality of Niagara, designated as part 1 on Reference Plan No. 59R-11000 to Lorenzo D'Amico in exchange for a road widening on McGrail Avenue, designated as part 2 on Reference Plan No. 59R-11000, at no cost to the City. 2001-193 2001-194 200t-195 2001-t96 2001-197 2001-t98 2001-199 -9- To authorize the execution of an agreement with Brock University respecting upgrades and improvement to four baseball diamond infields located on the campus of Brock University. To stop up and close part of Graham Street, designated as Parts 8 and 9 on Reference Plan No. 59R-11438. (Re: Report L-2001-55) To declare surplus the closed portion of Graham Street designated as Parts 8 and 9 on Reference Plan No. 59R-11438 and authorize the transfer of the said closed portion of Graham Street to 1006057 Ontario Limited, for nominal consideration plus costs. To amend By-law AM-79/200, as amended. (Re: AM-17/2001, Ana Kolesar) To amend By-law No. 99-164, as amended, being a by-law to provide for the licensing, regulating and inspection of body-rub parlours, owners, managers and operators of body-rub parlours and body rubbers of body-rub parlours. (HANDOUT) To amend By-law No. 79-200, as amended. (Re: AM- 23/2001) To authorize monies for General Purposes (September 10, 2001) NEW BUSINESS Community Services Department Parks, Recreation & Culture Inter-Departmental Memorandum The Cily o! ~ll~i~ To~ From: Mayor Wayne Thomson Lori Lightfoot Community Development Coordinator Ext. 4330 Date: August 23, 2001 Subject: 2001 Summer Trillium Awards Presentation at Council - Monday, September 10, 2001 This year's Trillium Awards was a huge success. On August 21~, the Trillium Awards Committee judged atotaiof42 properties. The lst, 2ndand 3rd place winners in each category will receive a Trillium Award post (sample to be provided at Council). City staff will be offering to put the posts in on the owner's property. The winners of each category are as follows: Residential Category 1st PLACE John & Shaflene Seidl 7336 Alex Avenue 2nd PLACE Bill & Wilma Selman 6192 Crimson Drive 3rd PLACE Anne Mason 7023 Margaret Street Commercial/Institutional/Industrial/Multiple Dwelling Complexes 1st PLACE My Cousin Vinny's 6541 Main Street Rick Dritsacos 2nd PLACE St. Thomas More Church 6548 Dorchester Rd. Rev. Randy Gallant 3rd PLACE Happy Wanderer Restaurant 6405 Stanley Avenue Mrs. Hilde Mercnik The Committee selected several properties for Awards of Merit. Residential Category - Awards of Merit Pasquale Carbone Phil & K~m Cody Russell Boles Ronni Fisher-Chandler 5340 Forsythe Street 3289 St. Paul Avenue 7370 Sandy Court 3567 Bond Street Wor~in0 To0e~er to Serve Oar Gomm.nit23 Memo: Mayor Wayne Thomson - August 23, 2001 2001 Summer Trillium Awards Presentation (August 23, 2001) 2 Commercial/Institutional/Multiple Residential Dwelling - Awards of Merit La Riviera Motel Juris Skalde 5427 Ferry Street Summerset Court Anthony DiCriacomo 7810 Ethel Street Mullen Brothers Market Dave Mullen 4856 Drummond Road Maple Leaf Motel Carole Juliani 6163 Fallsview Blvd. You may wish to have Alderman Selena Volpatti, Chair of the Environmental Planning and Greening Committee and Alderman Shirley Fisher, a Trillium Awards Committee member to assist you in the presentations. The Trillium Awards Committee members have been advised of the presentation ceremony. The Committee consists of: Basil Schumacher (Chairperson) Alderman Shirley Fisher Pearl Bacon Russell Boles Catharine Hanna Jack Jackson Shirley Jackson Kitty Simpson Eloise Schumacher Jamie Douglas and Lori Lightfoot (act as staffliaison) Should you have any questions, please contact me at extension 4330. :LL copy: Adele Kon Bob Bolibruck Woody Wagg ~ Lon-'-~yn Eighffoot / NIA A PUBLIC HEALTH DEPARTMENT The Regional Municipality of Niagara INSPECTION DIVISION 573 Glenridge Avenue St. Catharines, Ontario L2T - 4C2 Telephone: 905-688-3762 or 1-800-263-7248 Fax: 905-641-4994 E-mail address: inspect(&,regional.niagara.on.ca July 17, 2001 City of Niagara Falls 4300 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Mr. E. C. Wagg, City Clerk Dear Mr. Wagg: RE: West Nile Virus Presentation to City Council September 10, 2001 Kindly accept this correspondence as a request by the Regional Niagara Public Health Department, Inspection Division to give a West Nile Virus presentation to Mayor Thomson and Council. Should you require any further information, please do not hesitate to contact the undersigned. Yours truly, Bjorn Christensen, B.A.A., C.P.H.I.(C) Director, Health Protection & Promotion For: Robin Williams, M.D., D.P.H., F.R.C.P.(C) Medical Officer of Health BC:m(h 2001 BC?I .LTR.DOC UNITED WAY OF NIAGARA FALLS July 10, 2001 Mr. Woody Wagg City Clerk City of Niagara Falls P. O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Wagg: I am writing this letter to ask if .t.h. e United Way of Niagara Falls may be included in the agenda for City Council on September 10th, 2001. We would welcome the opportunity to announce the kick-off of our annual campaign, highlight the special events and show our campaign video (four and a half minutes in length). Our presentation would be very brief. Our spokesperson will be Paisley Janvary Pool, our 2001 Campaign Chair. Many members of our Campaign Cabinet will be in the gallery. If we may show the video, please advise what equipment we should bring with us that evening in order to do so. Thank you for your consideration. Janie P~ Executi Imer e Director 5017 Victoria Avenue, Niagara Falls, Ontario L2E 4C9 Telephone: (905) 354-9342 Fax: (905) 354-2717 E Mail: unitedway@rnail2.caninet.c0m Web Site: www.u,itedwayniagera.0rg TOUIIST AlIA August 28, 2001 Mr. E.C. Wagg City Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Wagg: Please accept this letter as a formal request for a representative of the Fallsview BIA to ,at, Pear before City Council at their next regularly scheduled meeting on Monday, September 10t , 2001. The purpose of our presentation will be to provide City Council with an overview of our plans for the installation of upgraded light standards in the Fallsview BIA and the continuation of our partnership with the City of Niagara Falls. I trust this meets with your approval and look forward to your earliest response in this regard. Respectfully submitted, David Jovanovic, Chair Fallsview BIA Tel. 905-356-1748 5400 Robinson $treef Znd ~:loor. Niagara,Calls, Ontario. Canada · L2G 2A6 hi: 905358.7999. fax: 905.358.9974 www. falhviewbia.com 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 Doug Darbyson Director PD-2001-76 September 10, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-76, Official Plan & Zoning By-law Amendment AM-20/99, Policies for Testamentary Devise Parcels RECOMMENDATION: It is recommended that Council approve the proposed Official Plan Policies and Zoning amendment provisions for testamentary devise parcels with any necessary refinements to reflect the requirements of agencies and departments. BACKGROUND: On July 16, 2001, Council approved Staff report PD-2001-57 authorizing staff to process revised Official Plan Amendment policies and corresponding Zoning provisions for testamentary devise parcels for a public meeting on September 10, 2001. Schedule 1 illustrates the location of the various testamentary devise reference plans. Schedule 2 provides a breakdown on the number of parcels in each plan and compliance with current by-law requirements. Background information is provided regarding the concerns associated with these parcels, why changes to the planning documents are necessary, the reason the original policies were deferred and what revisions have been made since. 1. What are the inherent problems associated with Testamentary Devise Parcels? Testamentary devise parcels were created through a process which circumvented the provisions of the Planning Act. Testamentary devise parcels represent unplanned concentrations of parcels in the rural areas, olten in the form of strip development. Some lots are poorly configured, other lots are lacking in street frontage. Many of the parcels do not currently comply with the minimum lot frontage and/or area requirements of the Zoning By-law. IVorMng Together to Serve Our Community Clerk's · Finance Human Resources Information Systems · Legal Planning & Development September 10, 2001 - 2 - PD-2001-76 These lots were created without justification of need, master drainage plans, hydrogeological studies or Environmental Impact Studies. Testamentary devise schemes represent a form of urban sprawl where left to develop unregulated could lead to future requests to upgrade roads, provide urban services and create pressure for further urban development. Some parcels pose environmental impacts since they are situated within, or partly within, lands designated as Environmental Protection Areas. Some testamentary devise plans are in the vicinity of livestock operations and could impact on existing or future general agricultural activities. 2. Is there a need for changes to the City's Planning documents? The existence of this process which circumvented the provisions of the Planning Act through testamentary devises became known to the City in the late eighties, early nineties. Throughout this time, the City has attempted to maintain the status quo in terms of zoning by-law standards which precludes development on a significant number of parcels. A more proactive approach in needed. The amalgamation of parcels would reduce the number of lots and their potential impacts, minimize strip development and improve the long-term functioning of private waste disposal systems. An Ontario Municipal Board decision, rendered in 1997 on a minor variance application, criticized the City for failing to bring forward appropriate amendments to its planning documents to effectively guide the development of testamentary devise lots. 3. What work has been done to fix the situation? On September 13, 1999, Council was scheduled to hold a public meeting on proposed Official Plan policies to allow development oftestnmentary devise lots on 3 acres area and 200 foot fi.ontage. Council received a letter of objection fi.om Tom Richardson (Sullivan, Mahoney) who represented numerous owners oftestamefitary devise parcels. He cited various reasons why the policies should not be supported. Council referred the matter back to staff. Mr. Richardson's comments, as well as other comments received, are provided on Schedule 3. Over the last year, staff met on numerous occasions with Mr. Richardson and Mr. Brady (planner) representing those lot owners objecting to the draft policies, and with representatives of the Regional Planning and Development and the Health Services Depashnents. 4. What concensus was reached? Staffagreed to eliminate the requirement for a Regional Policy Plan Amendment but would maintain the requirement for a local plan amendment to develop parcels September 10, 2001 - 3 - PD-2001-76 Staff agreed to "grandfather" existing parcels which meet current zoning standards but which may not meet the recommended new standards. Staff agreed to include all testamentary devise plans. Staff agreed to reduce the new proposed lot size fi.om 3 acres to 2.5 acres which is considered a safe parameter when there is a concentration of 6 or more parcels. There was consensus to use site plan agreements to ensure various development issues are addressed. The proposed negotiated policy modifications were presented to the various lot owners by their representatives, however, the modifications were not accepted by the owners and they instructed their representative to cease negotiations. PUBLIC AND AGENCY COMMENTS: Public and agency comments received have been included in the Council agenda package and are summarized on Schedule 4. THE PLANNED APPROACH: The revised proposed policies are attached as Schedule 5. It should be noted the maps shown as part of the proposed policies illustrate the optimum or desired layout for each plan based on implementation of the policies. These layouts are conceptual only and property amalgamation may result in a different lot fabric. The actual development potential of each conceptual lot must be confirmed through the site plan process. 1. Better sized and configured estate residential lots are achieved. The new proposed lot configuration of 200 feet frontage and 2.5 acre area creates a uniform size requirement for all testamentary devise parcels. Clarified development opportunities are created where few currently exist. Consolidation of the parcels to achieve the new lot size provides a better blending of development with the rural area (see Schedule 5, Maps T4, T6, T9, T11 and T13 as examples). Internal parcels will not be permitted to develop and the municipality will not assume any new internal road allowances as the objective is for these parcels to amalgamate to form one large parcel or m~rge with existing parcels that have frontage. The 2.5 acre size is an acceptable planning solution to the lot size issue and is consistent with the standard proposed for estate size lots in the Willoughby Land Use Study (currently being completed). September 10, 2001 - 4 - PD-2001-76 The 2.5 acre size requirement ensures long-term sustainability of septic systems, given no hodrogeology studies for multiple lots are complete, and is in accordance with Ministry of Environment guidelines for multiple lot creation. Parcels which currently comply with the existing lot configuration requirements of the zoning by-laws for the former Townships of Willoughby and Crowland will not have to consolidate as they will be "grandfathered" (meaning comply as they exist) provided they are not within Environmental Protections Areas, comply with the Minimum Distance Separation Formula of the Agricultural Code of Practice, are subject to all of the requirements under site plan agreement and they meet new zoning setback provisions. The impact of strip development on rural roads will be reduced. The policies reduce the impact of the strip development by reducing the overall number of parcels by establishing the new lot size requirement (primarily the 200 foot frontage requirement). The policies propose that development be subject to site plan agreement to better control driveway entrances, particularly on arterial roads. Land use conflicts will be minimized. The reduction in lots reduces the numbers of people who could be affected by various agricultural nuisances such as odour, noise and dust. Zoning by-law provisions will prevent the development of parcels which do not comply with the Minimum Distance Separation Formula (MDSF) of the Agricultural Code of Practice. The MDSF is a calculated buffer distance from livestock operations. Important environmental features will be protected. Consolidation of lots will provide for sufficient table land outside of flood plains to accommodate development and protect natural features. An Environmental Impact Study will be required as part of site plan control to develop lands adjacent to important natural features. Schedule 5 Map T11 provides an example of how the implementation of the policies and zoning provisions would apply to protect a large woodlot designated as Environmental Protection Area in the Official Plan (which contains tributaries of the Tee Creek, Provincially Significant Wetland areas, and is a water storage and recharge area). September 10, 2001 - 5 - PD-2001-76 Site Plan agreements will provide development safeguards. Use of site plan control will allow provision for warning clauses pertaining to agricultural operations. A lot grading and drainage plan for each parcel will address the requirements for a building envelope, amenities envelope and a sewage system envelope (including Class 4 septic systems primary and secondary tile bed areas within a minimum of 30 feet from the property line; and surface runoff to a suitable outlet). A hydrogeological study for septic systems and master drainage plan is to be provided if there are ever 6 or more abutting parcels under 2.5 acres. The City Municipal Works Department, as well as Regional Health Services Department, have expressed concerns that there is no assurance that all of the parcels in a multiple lot plan can be graded to conform with each other which could lead to impacts on certain property owners and/or environment. Given multiple lot ownership and unknown final property configuration the Municipal Works Division will review each grading and drainage plan to ensure surface water drains to a suitable outlet in accordance with a conceptual grading concept. Site planning will also provide for road widening dedication under certain circumstances, such as identified right-of-way widths; daylighting triangles as per the Official Plan; and precedent of previous road widenings. 6. Zoning By-law provisions will be used to implement changes. The zoning by-law changes will create one set of standard and provide development opportunities while creating better proportioned lots. New setback provisions fi.om property lines and creeks, as well as building height and lot coverage provisions, will provide a consistent set of standards. Lands within designated Environmental Protection Areas of the Official Plan will be protected through zoning. Development must comply with the Minimum Distance Separation Formula of the Agricultural Code of Practice. The proposed zoning by-law revisions are attached as Schedule 6. TAX ARREARS: The Finance Department has advised of a growing number of testamentary devise lots that are in tax arrears. The majority of these delinquent properties do not qualify as building lots as they do not comply with current zoning by-law requirements. Once the Official Plan and Zoning amendments are finalized, the properties can realize their development potential with the payment of back taxes or provide for registration and sale. September 10, 2001 - 6 - PD-2001-76 CONCLUSION: This work represents the culmination of input from City planners, Regional planners, Health Unit officials, consulting lawyers and planners on a very complex issue. The result is a planned approach which represents the best solution to serve the myriad of interests. Approval of the Official Plan and Zoning By-law amendment will facilitate the development of testamentary devise parcels while better safeguarding the character of the area, environment and other property owners. The policies encourage and provide mechanisms for the amalgamation of parcels to comply with a new set of consolidated by-taw standards. The policies ensure that proposed development other than grandfathered parcels, on lots which do not conform to the new standards, would require amendments to the planning documents and thus a more comprehensive review. Dave Heyworth Planner 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 DH:am Attach. FILE: S:~PDR~2001 ~D2001-76.wpd Schedule 1 Location o.f Testamentary Dewse Plans ......... ~lnnlngOommun~es LEGEND i SCHEDULE 4 COMMENTS RECEIVED DEPARTMENT COMMENTS Municipal Works The Municipal Works Department has commented that the policy should clearly indicate municipal services are not available and are not anticipated in these areas in the new future. Permit applicants should be held responsible to upgrade existing sub-standard roads. There is a concern that there is no master drainage or grade control plan to ensure parcels are graded to conform with each other. Therefore, the Municipal Works Division wishes to ensure each individual lot grading and drainage plan drains to a suitable outlet and is in accordance with a conceptual grading concept for the area. Parks Recreation & Culture Offer no comments and will not request any requirements from a parks and recreation perspective. Public Comments Mrs. Debbie Barter, owner of the property on Morris Road being Part 8, Reference Plan 59R 7428 wanted confirmation her lot would be "grandfathered" as complying with the by-law and what other restrictions might be imposed (responded in writing). Mrs. Pamela Stewart inquired as to how the proposed amendments affected her property on Weaver Road (staff advised her by telephone conversation the proposed policies do not affect her lot). Mrs. Radka Roshanova attended the Planning Department and asked how the policies affect her lot being Part 1, Reference Plan 59R 7428 on Morris Road. Staff advised her existing lot configuration would be "grandfathered" in the by-law to comply and that construction would be subject to new zoning setback provisions which should not be an issue, as well as, site plan control for a lot grading and drainage plan, warning clauses, etc. Brian Sinclair commented that the proposed amendments are reasonable and beneficial towards the development of the lands. Niagara Peninsula Conservation Authority (NPCA) The NPCA requests a policy wording modification to clarify in greater detail that development is to be situated outside of the floodplain and shall be subject to any fill regulations associated with the floodplain. Regional Public Works Department (Verbal) Regional Public Works has no objections and may request road widening where needed as a condition of site plan control. S :~ZONING~AMS\1999XAm20-99~Sched4Comrnents.wpd SCHEDULE5 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled Part 2 - Body of the Amendment, consisting of the following text, constitutes Amendment No. to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: TEXT CHANGE PART 2 - LAND USE POLICIES, SECTION 14 - SPECIAL POLICY AREAS, is hereby amended by adding: 14.__ SPECIAL POLICY AREA" " Special Policy Area" "includes the subject lands described as follows: A. Parts 1 to 16, Reference Plan 59R-3305 H. Testator: Antonio Pietrangelo File Plan #T3 Parts 1 to 42, Reference Plan 59R-6489 Testator: William Nagy File Plan #T4 (includes Part 42, File Plan T12) Parts 1 to 4, Reference Plan 59R-6827 Testator: Gordon E. Henry File Plan #T5 Parts 1 to 13, Reference Plan 59R-6996 Testator: Lewis T. Rees File Plan #T6 Parts 1 to 13, Reference Plan 59R-7428 Testator: Helen Preston File Plan #T10 Parts 1 to 42, Reference Plan 59R-7401 and a parcel of land approx. 21 hectares in area Testator: Helen Preston File Plan #Ti 1 Parts 1 to 14, Reference Plan 59R-8642 Testator: Lewis T. Rees File Plan #T13 E. Parts 1 to 18, Reference Plan 59R-5128 K. Testator: Faye Schnur File Plan #T7 Parts 1 to 8, Reference Plan 59R-5340 Testator: Faye Schnur File Plan #T8 Parts 1 to 16, Reference Plan 59R-7651 Testator: Douglas Gross File Plan #T9 Parts 1 to 30 Testator: Helen Preston Also - Part 42 of Reference Plan 59R-6480 Testator: William Nagy File Plan #T12 Parts 1 to 22, Reference Plan 59R-7414 Testator: Walter Olszewski File Plan #T14 14. .1 -2- Within Special Policy areas #__ the following policies shall apply to non farm residential development notwithstanding the Rural/Agricultural designation of these lands: 14. .1.1 A significant amount of non-farm land fragmentation activity has taken place in the former Townships of Willoughby and Crowland through a process known as testamentary devise. The testamentary devise process allowed parcels to be created through a bequest of land by Will, thus circumventing the Planning Act. The testamentary devise process resulted in the ad-hoc establishment ofnumerous"rural-residential type development" involving a concentration of parcels. The manner in which these parcels were created did not address the municipality's policies respecting land use planning and servicing. Having regard to the foregoing, the municipality is concerned that lands have been divided without the benefit of supporting studies dealing with such matters as potential land use conflicts, the long-term functioning of private waste disposal systems, impacts on natural features including woodlots, creeks and wetlands, increased demands for servicing, storm water management and municipal financial impacts. The parcels also represent a form of strip development which, from a design perspective, can create traffic impacts particularly along arterial roads. The majority of parcels within most of the testamentary devise reference plans do not meet current zoning by-law regulations and are generally smaller in size than envisioned for estate residential lots. 14.1.2 To effectively manage the development of testamentary devise lots, having regard to the concerns expressed, the following policies have been established by Council: 14.1.2 (1) Council will pursue the consolidation of the Willoughby and Cmwland by-laws in order to prescribe a consistent set of standards for rural residential development on testamentary devise lots. a) Lot sizes shall be a minimum of 2.5 acres (1.01 hectare). b) Lot frontage shall be a minimum of 200 feet (60 metres). c) Under no circumstances will lot sizes or lot frontages be varied from the minimum requirements. d) Testamentary devise lots having a lesser size or frontage than prescribed herein will not qualify for development unless they have met all of the zoning requirements set out in By-law No. 395, 1966 or No. 1538, 1958 and will have to meet all other policies of Section 13.12(2) of this plan. -3- 14.1.2 (2) Where testamentary devise parcels comply with the provisions of the zoning by-law, building permits maybe issued provided the following criteria can be met. The applicant shall supply a deed of good title for the lands to the satisfaction of the City Solicitor's Department. b) The Niagara Peninsula Conservation Authority shall be satisfied that any proposed development is situated outside of the floodplain. The applicant will provide a letter of clearance from the Conservation Authority. c) The Regional Municipality of Niagara shall be satisfied the lots comply with the Regional Policy Plan, with respect to the Minimum Distance Separation Formula of the Agricultural Code of Practice or the separation between building lots and livestock operations. The Region shall also be satisfied that any proposed residential development shall comply with relevant Provincial Policy Statements such as required archeological and fish habitat impact studies. d) The City's Development Charges fee is paid by the applicant. e) The Regional Municipality of Niagara's Development Charge is paid, if applicable. Any development proposed on a testamentary devise parcel within 120 metres of a Provincially-Significant Wetland complex will be required to complete an Environmental Impact Study to ensure the development will not impact wetland functions. The Regional Public Health Department and/or appropriate agency shall be satisfied that the lot can accommodate the long-term functioning of a private waste disposal system and appropriate storm water management. To obtain these clearances, the following requirements shall be met: i) A lot grading and drainage plan shall be submitted for each lot. ii) Each plan shall establish a building envelope, amenities envelope and a sewage envelope. iii) The sewage envelope shall depict primary and secondary tile bed areas setback a minimum of 30 feet fi-om a property line. -4- 14.1.2 14.1.2 (3) (4) iv) Designs for primary and secondary tile beds and mantle areas will be based on a Class 4 tile bed system. v) All surface runoff must drain to a suitable outlet. Where a suitable drainage outlet is not readily available an engineered solution shall be provided. vi) Where a lot is one of a grouping of six or mom abutting lots which are less than the prescribed minimum lot size of 2.5 acres, a hydrogeolical study and master drainage plan shall be submitted by the landowner. The hydrological study shall verify that the lands can support a private waste disposal system in compliance with the Ministry of Environment's multiple lot criteria. The master drainage plan shall demonstrate storm water drainage as being addressed to the satisfaction of all agencies having an interest in this matter. h) All lots will be subject to a warning clause to be implemented via the site plan agreement indicating the lots could be subject to nuisances in the form ofodour, dust and noise from either existing or future agricultural operations. i) In order to reduce the traffic impacts associated with multiple driveways along arterial roads, abutting driveway entrances between lots shall be promoted. J) With respect to Reference Plan 59R-3305, as shown marked H on the attached map, any development shall satisfy all requirements of Tram Canada Pipelines. All of the above requirements in this section shall be the subject of site plan agreement. Where testamentary devise parcels have been created which do not meet the regulatory provisions of the zoning by-law, the amalgamation of lots will be encouraged in order to permit the issuance of building permits. In order to encourage the amalgamation of parcels Council will provide opportunities for land severances provided the following conditions are met: a) The severance will promote lot amalgamation and/or better lot configuration. 14.1.2 14.1.2 14.1.2 (5) (6) (7) 14.1.2 (8) -5- b) The severance will represent an improvement over existing conditions. c) The severance will not increase the number of testamentary devise parcels in a specific plan. d) The severance will not involve lands outside of testamentary devise plans. By encouraging the amalgamation of lots and the consolidation of by-law standards, it is Council's intent to reduce the impact of unplanned development in the rural area, provide better configured estate size parcels and improve the prospects for the long-term functioning of waste disposal systems for each testamentary devise reference plan. In this respect, the attached Schedules 1 to 11 illustrate each testamentary devise reference plan as it exists and the optimum or desired layout for each plan based on the implementation of these policies. The municipality will not assume any new internal road allowances intended to provide frontage to existing internal testamentary devise parcels. The objective is for existing internal testamentary devise parcels which do not front an a municipal road allowance, to amalgamate to form one larger parcel of land or alternatively be merged with existing parcels in the same reference plan which front on a roadway. This will eliminate the internal parcels and/or construct larger, better configured parcels. Where unopened road allowances currently exist, roads may only be extended by agreement with the City, and subject to appropriate studies, as may be required. The Environmental Protection Area policies of the Official Plan will continue to be adhered to. In this regard, a zoning amendment shall be processed which zones all the natural areas within these plans (flood plains, provincially significant wetlands) as hazard lands. Development will not be permitted within floodplains and identified boundaries o fProvincially-Significant Wetlands. DH:am S:\OP93-95La. MNDMNTSXAm-20-99XBODY20.wI~I Attachment 6 Carl Road ~ Not ^ff~¢tod by Proposed ~oli¢ios ~lannin[t & Bov,lopmont · loffin~ i~ ¢on~tual onl7 ~n~ d~lopm~nt pot~n~*l of ~nceptual I~s ~uld have to ~ ~nfi~d ~mugh t~e site plan process Mar~ 2001 Attachment 6l t I J ' Legend Possible Lot Configuration Exisitng Lot Lines Proposed Golf Course Regional Storm Floodplain Approximate Location of Wetland Boundary Proposed Watercourse Drain 6 Realignment Conservation Authority should confirm development potential due to watercourse Note: Additional developable lots may be c~eated by the incorporation of existing complying lots and golf course fmntsge lends into the lot configuration. Relotting Based on Policies Reloffing is conceptual only and development potential of conceptual lots would have to be confirmed through the site plan process T-4 Date: File: Attachment 6 N Rexinger Road Legend Wetland Boundary Scale 1:3000 Relotting Based on Policies T-6 Planning & Development ~ Reiotting is conceptual only and development potential of D~t*: Omvm By: File: conceptual lots would have to be confirmed through the site plan process March 2001 MD r /:"G~S'~ea'-~n~mm~ne2'"P~ DB~ NIV~O OOA~ Z 82 IAttachment 6 Legend Possible Lot Configuration Existing Lot Lines MDS Lines Lots created if barn on Part 6 is removed Scale 1:4000 Client: Relotting Not Based on Policies T - 9 Relotting is conceptual only and development potential of Planning & Development conceptual lots would have to be confim~ed through the site plan process Dat~: I Drown By: File: March 2001 AM Attachment 6 Ridge Road D Possible Lot Configuration : D Regional Storm Area ~/ Exi~tir~ Lot Une~ ~ 2 3 ~ 4 $ · , $ , ~ ® '~ 0 -- Scale 1:4000 ' '1 1 i so,____o 50 ~oo ~ Not Affected by Policies T 10 Relotting is conceptual only end development potential of Planning & Development conceptual, lots would have to be confirmed through the site plan process Date:March 2001 DIi~IBY: File:h:"ar=~w"v'dalw-lP ! : ~ ~, t : ~ ...~2.~ ~... ',*.*. '~ -~2 ~ ~ Planning & ~velopment ~nceptua~ I~= ~uld have to be ~ed ~mu~ the s~e plan pm~ss ~r~ 2001 I Attachment 6 Legend Possible Lot Configuration Existing Lot Lines MDS Lines Regional Storm Floodplain ~,c~ ~lU. Relotting Based on Policies ~r~. ?~=,~11~ Relotting is conceptual only and development potential of ~ I conceptual lots would have to be confirmed through the site plan process March 2001 T-13 & Develo File: Attachment 6 L~g~nd Notes: r- Conflguartion Grandfathedng of Possible LOt Pa~ls ~ Most pamels 3 Existing Lot Lines ~ acres, 20~. fmnage ~ / ~ / ~ximate Floodplain ~dloughby Road ~tensions Options Not ~Hicable Not Affe~ed by Proposed Policies T - 14 ~ Reloffing is con~ual only and development potential of Planning & Development ~nceptual lots ~uld have to be ~nfi~d through the site plan process ~: J ~ ~: File: March 2001 SCHEDULE 6 Draft Zoning By-law Provisions Minimum Lot Area Minimum Lot Frontage 2.5 acres 200 ft Minimum Front Yard Minimum Rear Yard Minimum Side Yard 66 ft. (20 m) 50 ft. (15 m) 15 ft. (4.5 m) Maximum Lot Coverage Maximum Height 10% 35ft. (10.67 m) Maximum of one dwelling per lot. Accessory buildings to be located in the rear yard only. All buildings must be accessory to a house located on the property. All structures to be situated a minimum of 15m fi.om the bank of any creek Lots must comply with the Minimum Distance Separation Formula of the Agricultural Code of Practice. EPA designated areas in Official Plan receive protective zoning. SSZONING~VIS\1999~Am20-99~raftBy-lawProv.wpd BRIAN N. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road, Niagara Falls, Ontario L2G 4N4 TEL: (905) 356-7755 FAX: (905) 356-7772 August 20th, 2001 Doug Darbyson Director of Planning & 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario L2E 6X5 Development Dear Sir: Re: Proposed Official Plan Amendment Zoning By-law Provisions for Testamentary Devise Parcels File: AM-20/99 Thank you for your letter of August 16th, 2001 which included the proposed Official Plan Amendment and Zoning By-law Provisions for Testamentary Devise Parcels. I have also reviewed documentation forwarded by Dave Heyworth and have spoken to him concerning the above matters on several occasions. I can see that a great deal of work and time has gone into this matter by staff and especially Dave Heyworth. In my opinion the proposed amendments are reasonable and beneficial to all the parties and will benefit the development of these lands. I fully support the proposals and wish you success in their implementation. Yours truly, AUG 2 2 2001 & DEVELOPMENT August 20, 2001 Director of Planning and Development, City Hall 4310 Queen Street Niagara Falls, Ontado L2E 6X5 Re: City File AM-20/99 As I am the registered owner of a property identified as Concession 7 pert Lot 6 RP59R7428 Part 8 on Morris Road I am writing to ask for written confirmation of information I received in a telephone call to your department last week. We purchased this property in August of 2000 and planned to build our home them. Unfortunately we can no longer do this so we have put the property up for sale. The frontage on our property is 125.27 feet and is 5.79 acres total size. As the proposed new bylaws state that minimum frontage is to be 200 feet I was assured by your office that our property would be 'grandfathered'. As well there seem to be other proposals to change the by-laws that concern us. When we purchased this property we complied with Procedure for the Issuance of Building Permits on Testamentary Device Parcels and the Section 7 of Township of Crowiand By-law 1538 (1958) as amended by By-laws 1589 (1958) and 1820 (1966) and approved by the Ontario Municipal Board. AS we must now sell this property I would very much appreciate a letter confirming that we will not be penalized because we ara one of the only property owners on this section that has not built a house. Thank you. Sincerely, Debbie Barter 5972 Theresa Street Niagara Falls, Ontario L2J 2A3 905-357-0121 RECEIVED 2 2 001 NIAGA~ PENINSULA CONSERVATION A U 1' H O R I T Y September 6, 200'1 File MPR 4.18.21 Mr. Dave Heyworth Planning and Development DepL City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Via Fax' Dear Mr. Heyworth: Subject: Official Plan Amendment AM-20-99 Testamentary Devise Parcels Conservation Authority staff have reviewed the above noted application for Official Plan amendment and offer the following comments and observations for your public mee§ng on Monday September 10th, 2001. These policies am being introduced to provide development guidelines for lots created by testamentary devise, As discussed with you, we would suggest that section 13.1.2 (2)(b) be reworded as follows: q'he Niagara Peninsula Conservation Authority shall be satisfied that any proposed development is in compliance with the Authorities Fill, C.o...n. stmcti0n.a, nd Alteration to Waten~vays Regulation (Ontado Regulation 99191, as amended) and the Authorities approved Plan Input and Review PolicieslGuldeline~., as amended. Development is to be situated outside of the floodplain and shall be subject to any Fill Regulations associated with the floodplain.' As a note, development of parcels 23, 24 and 25 identified on schedule T-4 of Attachment 6 may be difficult given the intermittent watercourse crossing the pmpertJes (as per my fax copy to you earlier). It would appear that the watercourse drains the marsh area to the north. Thank-you for the opportunity to review these policies. Trusting the enclosed to be satisfactory, please send notice of your Council's decision. Paul Bond Watershed Planner (ext. 234) PEB Pamela L. Stewart 3285 Weaver Road RI~3 Niagara Falls, ON. L2.E 685 August 19, 2001 Mr. Doug Darbyson ~im~or of Pla_n_n!r~g_& ~!op~pl?t City of Niegam Falls P.O. Box 1023 4310 Queen Street Niagara Falls, ON. L2E 6X5 RE: Official Plan & Zoning by4aw application Your File fM,.M20/99 Testamentary Device Parcels M.._~_ na Ser~tamber 10t~ - 6:00~rn City Hall Dear Mr. Darbyson:. I am not in disagreement with your plan for the above Testamentary parcels, but I do have some concerns as to how it will effect property I own, Specifically Weaver Road NS Con. 1 Pt. Lot 17 Account No. 00390358 Roll Number 2725 130 002 11400 0000 Several Years ago I purchased a lot on Weaver Road as an investment. The lot is approximately 65 feet by 660 feet. This is next to my mother's property (3285 Weaver Road) and backs on to the Niagara Parks Commission 'Legends' Golf coume. Not too far into the future, I will be retiring and as a single person, was~ anticipating selling my property to supplement my income. This would depend upon services coming up Willoughby Drive and I understand this is also in the planning, approximately taking place over 5 years. [,trDarb~,8onConeoms-pls-8/19/01 10:42:49 AM RECEIVED AUG 2 2 2001 & OEVELOPMEhq' ! Mr. Doug Darbyson Director of Planning & Development City of Niagara Falls I think in all fairness to people like myself, who have lived in this area for 36 years, consideration shoUld be made for people who own smeller lots, and not in the Testamentary parcels. Again, this would depend on sewer and water coming to the area. Lots sizes off the Sodom Road and Lyons Creek Road in · at area-are a great deal smaller than mine~ I would appreciate a reply at your convenience. Sincerely Pam Stewart /pis LtrDarbysonConcems-pls-8/19/01 10:41:51 AM 2 The City Ot 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 Doug Darbyson Director PD-2001-75 September 10, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-75, Zoning By-law Amendment Application AM-20/2001, 4882 Hunter Street Applicant: Diamianos Partheniou Agent: Harry Korosis Proposal: Commercial Parking Lot RECOMMENDATION: It is recommended that Council deny the Zoning By-law Amendment application to rezone 4882 Hunter Street from Deferred Tourist Commercial (DTC) to Tourist Commercial (TC) to permit the establishment of a commercial parking lot. THEPROPOSAL: Diamianos Partheniou has requested an amendment to the Zoning By-law to change the zoning on the property known as 4882 Hunter Street (see Schedule 1) from Deferred Tourist Commercial (DTC) to Tourist Commercial (TC) in accordance with the Zoning By-law No. 79-200. The application is to permit the establishment ora commercial parking lot. Schedule 2 illustrates the proposal for 14 parking spaces. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, several government agencies and the public for comment. City departments and Regional Niagara have no objections to the application. To date, staff has received a number of phone calls, visitations and a letter from area residents opposed to the proposal because of noise, dust, fumes and lights. [Forking Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development September 10, 2001 - 2 - PD-2001-75 PLANNING REVIEW: The following is a summary of staff's assessment of the application. 1. The application is not within the intent and purpose of the Official Plan. The subject land is designated Tourist Commercial in the Official Plan and located within the area known as the Clifton Hill Subdistrict. The Clifton Hill Subdistrict is to function as the commercial-entertainment centre of the City's tourist area, with an emphasis placed on pedestrian-oriented uses that maintain the festival character of the area. Tourist uses to the west of Victoria Avenue are to provide an appropriate transition and relationship to the surrounding residential neighbourhood. The west side of Hunter Street consists residential land uses which are considered legal non-conforming which should cease over time. The Tourist Commercial policies provide that parking lots of various sizes shall be distributed throughout the tourist area. Parking facilities are to be designed in an aesthetically pleasing manner. Surface parking lots are to be screened from the public street by appropriate setbacks and landscaping. In addition, lots are to be designed in accordance with the City's Design Criteria for Parking Areas. The design criteria requires a 6 metre landscape strip between residential properties which includes a row of trees and a fence and/or berm to screen parking. Although the residential land uses of Hunter Street are expected to cease in the long term, the Official Plan also requires an appropriate transition in the interim. The proposed parking lot is situated between residential properties and acts as an intrusion rather than a transition. Since the lot is undersized to accommodate parking and landscaping, it cannot be sufficiently buffered from the neighbouring properties to satisfy the intent of the policy. In addition, the layout of the parking lot does not meet the Official Plan policies for design. The design does not provide for the 6 metre landscape strip from the street, nor does it provide the 6 metre buffer from residential properties. Because the property is so small, it is impossible to provide parking and landscaping on site. The intent of the Official Plan was that lands would be consolidated to phase-out non-conforming uses In an orderly and progressive manner. 2. The requested zoning is a premature proposal for redevelopment of the lands. The lands are within an area zoned Deferred Tourist Commercial (DTC) which acts as a holding category until such a time as the area is ready to develop for commercial purposes in accordance with the Official Plan designation. Existing dwellings are a permitted use which can continue. Immediately to the south of this property the lands are zoned Tourist Commercial (TC), but are occupied by dwellings. The properties to the north are also used for residential purposes. Across the street is the rear oflrm by the Falls motel. The lands to the south are already zoned TC, but are yet to be developed for commercial purposes. The intent is that DTC zoned lands will eventually be redeveloped for TC uses, but should occur in a holistic manner, through an assembly of land into a larger parcel that can be efficiently utilized and designed to reduce land use conflicts. DTC lands should not be rezoned until the supply of TC land is exhausted. September 10, 2001 - 3 - PD-2001-75 The proposed parking lot is completely devoid of landscaping with a gravel surface and no storm servicing. Lots such as this routinely result in compatibility problems for adjacent residential land uses. Complaints typically cite problems with lighting, noise, fumes and the general operation of a parking lot which can have vehicles utilizing the site late at night. In addition, the proliferation of small parking lots in the area west of Victoria Avenue, especially along Ellen Avenue, are becoming increasingly unsightly and are unenhanced because they do not have sufficient room to provide on-site landscaping. Approval of this application could perpetuate a bad situation whereby a further series of small parking lots could conceivably be established along this street which do little to provide a transition of land uses. If Council approves the proposal certain minimum landscape and design features should be required. In the event this application is approved, the land is recommended to be zoned Parking (P) with at least some provisions respecting landscaping. As noted above the Tourist Area Design Guidelines require 20 feet of landscaping between a parking lot and a street and a residential land use. The 20 foot strip can be accommodated along the street frontage. Given this, the minimum site plan provisions require 5 foot strips along the side and rear property lines. These should be required. Closed board fencing, at least 6 feet high, should also be installed along the side and rear property lines. If Council approves the proposal it should be subject to Site Plan Control. Currently, commercial parking lots are not subject to site plan control as they are governed by the City's commercial parking lot licensing by-law. Given the unsightly nature of the existing parking lots, it would appear that the licensing by-law is ineffective in obtaining proper landscaping, paving and servicing and may be due for updating. In this instance, if approved, site plan control is recommended to ensure that the parking lot is properly designed and constructed. CONCLUSION: The requested amendment is recommended to be denied for the following reasons: · The proposed parking lot is not within the intent and purpose of the Official Plan. · The proposed parking lot is not an appropriate transitional use to the residential land uses west of Victoria Avenue. · The proposed parking lot has not been designed with the appropriate landscaping, servicing and paving. September 10, 2001 - 4 - PD-2001-75 If Council, approves the proposal: The land should be zoned a site specific P zone with site specific provisions requiring 20 feet of landscaping along Hunter Street and 5 feet of landscaping along the rear and side lot lines and it should be made subject to site plan control to address landscaping, servicing and paving issues. John/garnsley Plamier 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer and Alex Herlovitch Deputy Director of Planning & Development Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB/AH:am Attach. FILE: S:~PDR~2001XPD2001-75.wpd SCHEDULE I LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 4882 Hunter Street Lot 471, Plan 746, NKA Plan 9 City of Niagara Falls AM-20/2001 Applicant: Diamianos Partheniou l:l, rrs 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 23, 2001 File: D.10 M.11.23 PF-ZA-00136 Mr. Doug Darbyson, MCIP, RPP Director of Planning City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Application to Amend Zoning By-law Diamianos Partheniou South Side of Hunter Street Between Kitchener St. and Victoria Ave. City of Niagara Falls Your File: AM-2012001 Public Meefin.q Date: September 10, 200t Regional Planning staff have reviewed this application for an amendment to the zoning by-law to change the zoning of the subject pamel of lands from Deferred Tourist Commercial (DTC) to Tourist Commercial (TC) and conclude that we have no objections. The lands are located within the Urban Boundaries of Niagara Falls as established by the Regional Policy Plan. The parcel has a frontage of approximately 48 feet, a depth of 100 feet, and an area of approximately 0.11 acres which is intended to be used as a private parking lot for 14 vehicles. This is an area which is intended to ultimately develop as a Tourist Commercial Area and it is anticipated that, through site plan approval, any negative impacts on existing surrounding residential uses will be mitigated by appropriate buffering and screening. Yours truly, Farley v Director of Planni~J~and Development I I CWH/]u c: RECEIVED AUG 2 6 2001 & OEVELOPI~NT Councillor W. Smeaton, Regional Municipality of Niagara Mr. J. Bamsley, Planner, City of Niagara Falls Mr. W. Stevens, Regional Public Works ch/Hunter St-NF September 1,2001 Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, Ont L2E 6X5 City File AM-20/2001 Regarding the property known as 4882 Hunter Street in which a parking lot is to be constructed. The only request I have is that a tall wood fence (at least 8fl) be put up so that the automobiles - can't be seen - can't be heard - to avoid the gas fumes Lueiano Chieca 905-356-3145 REOEIVED SEP 04 ~ I I 'NING ~John Barnsle~ ~ re: zonin~ b,~-Iaw application #AM-20/2001 ~ From: To: Date: Subject: "Brenda J Hicks" <hicks.b@sympatico.ca> <bamsley@city.niagarafalls.on.ca> 8/31/01 1:1lAM Hi I am writing this with regard to the application for amendment to the zoning-by-law #Am-20/2001. As a resident of this area for the past 28 years I have seen a lot of changes in the area, some good and some not so good. This issue of creating parking lots in a highly residential area is of great concam. I feel that this will be detrimental to the area. With regard to Diamianous Partheniou's request 1 feel that it should be denied for a number of reasons. As I stated this is a high residential area. Last summer this person decided to have a parking lot with out going to the city for a approval. There are numerous parking lots in the area that create a tacky look to our city. You have people jumping out at you with their signs trying to get you into their parking lot. This is a dangerous procedure. You have fumes from the cars engines, not to mention noise late into the night and car safety sirens going off during the day and the night, If you don't have air conditioning your windows are open and you hear all the noise from the streets and just to prove a point the noise level that is created on Victoda Ave from the restaurants entertainment can be heard. This will add more traffic in the area. It use to be a peaceful neighborhood, Care are racing down the street, some with there radios as loud as it can go. I feel that there are enough parking lots between Ellen Ave., Center St. and a new one on Walnut St. we do not need another one. Brenda Hicks 4951 Walnut St. Niagara Falls L2G 3N1 Director of Planning and Development, City Hall, 431 0 0.ueen St., Niagara Falls, Ontario LZE 6X5 RE: City File: AM-20/2001 I wish to submit my comments about the proposed parking lot on Hunter St.. This proposal is in my opinion, not right for the area. 1. Hunter St. is highly residential. The noise and traffic (beyond the regular) would definitely bother local residents. 2. There is a Korean Presbyterian Church on the island on Hunter/Union/Kitchener Streets. This would not be advantageous to add to the traffic problems near this place of religion. 3. This proposed parking lot was attempted last year (2000) illegally. There was a parking attendant waving a yellow sign saying "parking $2". This was terrible for the local residents. They were told to put grass on their property instead of gravel. City Hall had warned them about the illegal parking lot. 4. There are many seniors around this area. They may be afraid to speak up or "bother" city hall. Please remember that they desewe some quiet and peace. 5. The area does NOT need another parking lot. The traffic has been increased because of their waving in cars. Also, the noise is a big factor. There is noise of these parking attendants yelling out the fee price. VERY ANNOYING TO US TAXPAYERS! 6. Safety is a big concern. There are many children still living in this area. THere is more risk involved with adding another parking lot. 7. A parking lot SHOULD NOT be put in between residential houses. This is not safe or healthy for local residents. THe continuous exhaust and noise is enough to make anyone sick. 8. Too many of these 'homemade" parking lots exist in the tourism area. There is plenty of parking at the Niagara Falls Arena, and also t.he parking lot located on Centre Street. A small parking lot for approximately 14 cars will not answer the parking problem. It just creates some money for the owner. PLEASE, consider these points in your final decision. Do not allow the beauty of Hunter Street to be spoiled by a small parking lot in the middle of residences. Do not allow this parking lot to happen. Thank you, A r ~'~e~a ~esident -1- RECEIVED SEP 0 6 2001 Pt NNING & DEVELOPMENT l'he City of 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: plan ning@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-79 September 10, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Fails, Ontario Members: Re: PD-2001-79, Zoning By-law Amendment Application AM-23/2001, W/S River Road, South of Elgin Street Applicant: 647802 Ontario Limited et al Agent: John Hopkins Proposed Alternate Parking Requirements for an Expansion to Souvenir City RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to allow bus parking to be used to provide a portion of the required parking spaces to accomodate an expanded commercial development. THEPROPOSAL: 647802 Ontario Limited et al have requested an amendment to the Zoning By-law to ailow an alternative parking requirement for a proposed 15,000 square foot (1,400 square metre) expansion to the 3,700 square foot (345.0 squre metre) Souvenir City retail store at 4199 River Road (see Schedule 1). Schedule 2 illustrates the proposal for 2, 1-storey buildings. The lands are zoned Tourist Commercial (TC) in accordance with the Zoning By-law. The amendment proposes to retain the TC zoning and introduce site specific provisions for an alternate parking requirement for the development that exchanges a reduction in passenger vehicle parking for mini and highway bus parking. 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 or included on Council's agenda. Staff, to date, has also received a number of phone calls and visitations from area residents objecting to the proposal. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development September 10, 2001 -2- PD-2001-79 Municipal Works Dedication of a 7m x 7m daylight triangle at the intersection of River Road and Elgin Street. Access and location of deliveries and garbage storage are to be identified. Comments from the Niagara Parks Commission (NPC) regarding the traffic impact on River Road and utilization of the storm sewers is required. Development Charges are to be paid at building permit issuance. Grading, servicing and access issues to be addressed at site plan approval. · Fire Services Fire safety concerns can be addressed through site plan review. Building & By-law Services Ontario Building Code issues can be addressed through site plan and building permit review. · Parks, Recreation & Culture No objections. · Regional Planning & Development No objections. Public concerns Garbage enclosure/pick-up Traffic Noise/fumes of buses Snowplowing PLANNING REVIEW: Th~ following is a summary of staff's assessment of the application. 1. The proposal complies with the intent and purpose of the Official Plan. The subject lands are designated Tourist Commercial in the Official Plan. They are located in the Whirlpool subdistrict, which extends north from the Whirlpool Bridge to the intersection of River Road and Victoria Avenue. The area is to function as a gateway to the City. New developments are to strengthen the existing sightseeing and recreational uses on the Niagara Parkway and may include accommodations, restaurants, gift and souvenir shops, and sports rental establishments. New developments are to be low-rise and should be well landscaped to be compatible with the district's natural areas and the abutting residential area to the west. September I0, 2001 -3- PD-2001-79 The Official Plan encourages the removal of non-conforming uses over time. The planned project would remove several legal non-conforming residential uses and consolidate the property into one development fronting onto River Road. The project would enhance the gateway appearance of the area. Ancillary commercial uses servicing the tourist area are encouraged in the Whirlpool subdistrict. As shown on the site plan, Schedule 2, the new buildings are set back from River Road to accommodate the movement of buses through the site. Siting the building to the back (west side) of the property represents good site design, in this instance, because it will keep traffic and pedestrian activity oriented to River Road away fxom the residential area to the west. The building will act as a buffer between the residential neighbourhood and the bus parking area. The passenger vehicle parking area will be buffered by a retaining wall and landscape strip which locates the parking at a lower level than the abutting houses. The building is only 1 storey in height and because of the difference in grade between River Road and May Avenue will have a low profile next to the residential area. A narrow landscape strip is planned behind the building next to May Avenue. 2. The requested zoning change is appropriate for the site. The 15,000 square feet (1,400 square metres) of commercial space would require 70 parking spaces based on standard zoning by-law provisions. The applicant seeks to substitute a portion of vehicle parking spaces with bus parking. The current souvenir store primarily serves tourists arriving by bus. The applicant contends this will continue with the expansion. This application has been supported by a study of parking demand prepared by Delcan. The study predicts that a parking ratio for the expanded development will need a minimum of 38 passenger vehicle spaces, 10 mini-bus spaces and 5 highway bus spaces. The site plan provides for 42 passenger vehicles, 11 mini-buses and 6 highwaybuses. This is summarized in the table below. Zoning Study Requirement Recommendation Proposed Passenger vehicles 70 38 42 Mini-buses 0 10 11 Highway buses 0 5 6 Staff has reviewed the site alternatives and determined that sufficient area is available to accommodate the 70 parking spaces. This arrangement, however, would remove most of the bus parking spaces. Based on the recommendations of the traffic study and the site design, it would appear that the proposal to exchange some of the required passenger car parking for mini-bus and highway bus parking spaces is acceptable and in keeping with the Official Plan. September 10, 2001 - 4 - PD-2001-79 3. The site design represents an improvement over the existing situation. The proposed bus parking area is to be located at the front of the building with no access to the residential area to the west. Currently, idling buses are not screened from the residential properties. The proposal should provide sufficient on-site parking thus eliminating the current on-street bus parking. Deliveries are to be made at the front of the building off River Road. An access onto May Avenue is for the 4-car employee parking lot which will also service garbage pickup. The garbage will be stored inside the building at this location. Internal garbage collection is desirable, however to access the garbage area from May Avenue could impact the residents. Therefore, consideration should be given to relocating the refuse area to the north end of the building so that garbage is picked-up within the site via River Road as opposed to May Avenue. 4. The site plan agreement will address details regarding servicing and landscaping. A 20 foot (6.0 metre) landscape strip to separate parking areas from the sidewalk (pedestrian) area is generally desirable. An undulating (3.5 to 5.5 metre) decorative paved area with tree plantings is proposed next to the sidewalk. This area will be used to load and unload buses. The shallow depth of the property precludes a further landscape strip without pushing the building back which could further encroach onto the residential area. The treatment of this area and other landscape features will be part of the site plan agreement. Additional details including sanitary and storm servicing, fire and Ontario Building Code concerns regarding emergency access will also be addressed. As the area is dominated by low-rise buildings, signage should also be of a low nature. Therefore signage details should be included during site plan review. CONCLUSION: The requested amendment can be supported for the following reasons: · The proposed expansion is complies with the intent and purpose of the Official Plan. The proposed alternative of bus parking in lieu of on-site vehicular parking will better serve the development and will eliminate on-street parking and circulation through the residential area. The residential area to the west will be buffered and screened from the main activity area of the site by the proposed development. Details concerning garbage containmen~pick-up, landscaping and servicing will be part of a site plan agreement. September 10, 2001 - 5 ~ PD-2001-79 The amending by-law, which is on Council's agenda at the request of the applicant, details the parking requirements for passenger vehicles, mini-buses and highway buses. If, in the future, the use of the building shifts away from bus oriented shoppers, sufficient space exists on-site to accommodate the standard parking requirements. Planner 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer and Alex Herlovitc'h Deputy Director of Planning & Development Recommended by: D6h~ Darbyson ~'f Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services AH/JB:am Attach. SSPDR~200BPD2001-79.wpd SCHEDULE I LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 4199 River Road Lots 12 through 16, 18, 19, 20 and Part of LOt 11, Registered Plan 30, now known as 996 City of Niagara Falls AM-23/2001 Applicant: 647802 Ontario Limited et al. c/o John B. Hopkins I:NTS August24,2001 PLANNING AND DEVELOPMENT DEPARTMENT v¥ The Regional Municipality of Niagara 3550 Schrnon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca File: D.10 M.11.23 PF-ZA~00137 Mr. Doug Darbyson, MCIP, RPP Director of Planning City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Zoning Amendment Application 647802 Ontario Limited, et al To Permit Site Alternative Parking Requirements 4199 River Road City of Niagara Falls Your File: AM-231200t Public Meeting Date: September 10, 2001 Regional Planning staff have reviewed this proposal to amend the zoning by-law to permit the use of a portion of the required parking spaces for mini bus and tourist bus parking purposes. The lands are within the Urban'Area Boundaries as established by the Regional Policy Plan and relevant to Regional and Provincial policies we have no objections to the proposed amendment. Through the site plan approval process* the City can address the issues related to appropriate size of building, ingress, egress and traffic flow onto River Road. Possible impacts on existing neighbouring residential or other uses should be-mitigated by way of adequate buffering, .screening and other appropriate measures including parking location, etc. Yours truly, ,~[~avid J. Farley Director of Planning and Development CWH/ju C; Councillor W. Smeaton, Regional Municipality of Niagara Mr. J. Barnsley, Planner, City of Niagara Falls Mr. W. Stevens, Regional Public Works RECEIVED AUG 2 8 2001 & 0EVELOPMENT ch/River Road Parking Christine & Richard Twinn 175 King Street St. Catharines, Ontario L2R 3J5 August 26, 2001 Phone: Hm 905-988-5348 Ce1 905-324-0189 City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Director of Planning Re: City File: AM-23/2001 We are the owners of the property on 4214 May Ave., a single family home, located next to the existing Souvenir building on May Ave. At present this house is rented, however, we plan to make it our retirement home in the next few yeaars. Our conerns are: (1) CONDITION: THE GARBAGE BINS We do not want to have giant garbage bins just outside our windows. We are concerned about the location of the garbage bins. Will they be indoer or outdoo--6~f. Howmany will thene be, and their size. Will there be a compactor? The noise is a concern. The smell and the flies are also a concern. We request that the garbage bins be housed inside the Souvenir City building, totally enclosed and behind closed doors. Also, that no compactor be used because of the constant grinding noise. Also the pick-up times for the bins should be no earlier than 9:00 a.m. OR They should be moved to Elgin Street parking lot. (2) FENCE We do not want a fence to be built between our property and Souvenir City property, as this would totally block our visibility on that side of our house. Please note that their property line is just 2 feet from our house. CONDITION: That no fence be built. CoRt .... Page 2. City File: AM-23/200! Christine & Richard Twinn (3) SNOW PILE At present, Souvenir City dumps their snow next to'our house. A hudge pile that reaches the second floor of our house slowly melts and causes a water run off tha~ travels along our basement foundation and into our back yard. This makes our lawn soggy for months in the spring. It also becomes black with dirt and is very unattractive. CONDITION: That al! snow plowed be dumped in the parking lot at Elgin Street. Since the water run off wi1! not affect the neighbours houses. Or The snow can be trucked away. In conc!usion, we wish to co-operate w!th the ~xpansion of Souvenir C!ty, providing they are sensitive to the needs and concerns of the immediate ne!ghbours. A concerned neighbour, Richard & Chr!st!ne Iwinn DR. K. T. ARMSTRONG 4256 Porlage Road Niagara Fails, Ontario L2E 6A4 (~05) 358-3838 Address The City of dl~l~ Niagara Falls JJ~Jl~ 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-2001-84 September 10, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-84, Zoning By-law Amendment Application AM-21/2001, 6740 Fallsview Boulevard & North Side of Dunn St. Applicant: The Ritz Motel Limited Agent: Italia Gilberti Proposal: Off-site Parking for the Embassy Suites Hotel RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application to permit some of the required parking for the Embassy Suites Hotel to be provided both on-site and off- site conditional upon the owner entering into a site plan agreement that requires the owner to build and have operational a parking structure on the Dunn Street lands prior to the Embassy Suites hotel being occupied. THE PROPOSAL: The Ritz Motel Limited has requested an amendment to the Zoning By-law to permit the required parking to be provided in a combination ,of both on-site and off-site facilities. The amendment proposes to link the Embassy Suites Hotel land, 6740 Fallsview Boulevard (parcel 1 on Schedule 1) with the parking lot on the north side of Duun Street (parcel 2 on Schedule 1) which currently services the Marriott Hotel. Details are shown on Schedules 2 and 3. CIRCULATION COMMENTS: Information regarding the application was circulated to City depathnents, several government agencies and the public for comment. No objections to the application have been received to date. }Forking Together to Serve Our Community Clerk's Finence Human Resources Information Systems Legal Planning & Development September 10, 2001 - 2 - PD-2001-84 PLANNING REVIEW: The following is a summary for staff's assessment of the application. The proposal is in keeping with the current trend respecting off-site parking. The developments are designated Tourist Commercial in the Official Plan and are located within the Fallsview Subdistrict. Recent trends have been to locate a portion of the required parking for the development off-site in order to maximize development of the principal site and to avoid or delay the costs incurred in building aparking structure. This proposal is in keeping with this trend. The off-site parking lands are wholly owned by the applicant and have been zoned for parking since the 1960's to serve what has recently been developed as the Marriott Hotel. The amending by-law for the Marriott permits off-site parking in two locations: on the Durra Street lands and within the Embassy Suites parking structure. The proposed amendment requests that the Embassy Suites be permitted to enjoy a similar reciprocal arrangement whereby some parking will be provided on-site and some parking on the Dunn Street lot. The table below illustrates that there will be sufficient parking to service both hotel developments: Parking Required Parking Proposed Marriott 291.6 ;On-site: 9 Off-site: 530 (2 levels) Embassy Suites 308.4 308 Total 600 847 As such, the request has merit. Although the Embassy Suites and the Marriott are on two separate parcels, they will function with shared parking amenities. Therefore, to have the same parking arrangement for the two hotels will allow the applicant flexibility as to how best to allocate the parking spaces. The amending by-law will link the Embassy Suites land to the Dunn Street land through a common specific provision number and will relieve the Embassy Suites of having to provide all of its required parking on-site. A revised site plan agreement will be required to address the timing of the parking structure. In order for there to be sufficient parking on the Dunn Street lands to service both the Marriott and Embassy Suites, the applicant will have to construct a 2-level parking structure. The timing ofthe parking structure is critical to the operation of the two hotels and to ensure that there is no shortfall in parking. So as to guarantee the timing, it is recommended that the applicant enter into a site plan agreement with the City that contains the following clauses: September 10, 2001 - 3 - PD-2001-84 b) The Owner hereby agrees that occupancy of the Embassy Suites Hotel, in whole or in part, shall not be permitted until such time that the parking structure is operational and has met, to the satisfaction of the Chief Building Official, the occupancy regulations of the Ontario Building Code. CONCLUSION: The requested amendment can be supported on condition that the applicant guarantee the timing of the construction and opening of the parking structure on Dunn Street for the following reasons: · The proposal is in keeping the current trend respecting off-site parking. The proposal is essentially an extension of the parking arrangement that currently exists for the Marriott. · There will be sufficient parking to accommodate both hotel developments. Planner 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: b0~ Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:tc Attach. FILE: S 5PDR~2001XPD2001-84.wpd SCHEDULE 1 Subject Land LOCATION MAP Amending Zoning By-law No. 79-200 1.6740 Fallsview Blvd. 2. Dunn Street (no Address) Applicant: The Ritz Motel Limited AM-21/2001 1 :NTS ! Ii11,~,~ ! I I ! I i T T ,ililll Jllll IJ,lllJ I, lllllil 11 Il ,,. i- lhJ~,,IJ,,ltl ~ 11111111111111 · ,.t',gotJ't H~ [',i![i! SCHEDULE 3 j !l,, J IIiJ · Jill ,.~!!.,l:[J:, l , ., j : I ' l jill I :] J I ., i. I I / :~ ~/ I ~ d / I / II NIA~A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipalit~ of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regionaLniagara.on.ca CI.e~-Ics August23,2001 File: D.10 M.11.23 PF-ZA-00141 Mr. Doug Darbyson, MClP, RPP Director of Planning City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Re: Zoning Amendment Application The Ritz Motel Limited Dunn Street and 6740 Cakes Drive To Permit Site Specific Parking Standards City of Niagara Falls Your File: AM-2112001 Public Meeting Date: September 10, 2001 The above noted application to amend the zoning by-law to permit a separate pamel (Parcel 2 on the location map) to contain requiring parking for the Marriott Hotel located on another parcel (Parcel 1 on the location map) has been reviewed by Regional Planning staff. The lands are within the Urban Area Boundaries for Niagara Falls, as established in the Regional Policy Plan, and have no objections to the proposed amendment. It appears that no Regional or Provincial policies would be compromised. Yours truly, d Development CWH/ju C: Councillor W. Smeaton, Regional Municipality of Niagara Mr. J. Barnsley, Planner, City of Niagara Falls Mr. W. Stevens, Regional Public Works ch/Hotels Parking*NF RECEIVED AUG 2 ~ 2001 P~INNING ]'he City of Niogoro Foils 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 September 10, 2001 Doug Darbyson Director PD-2001-78 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-78, Appeal of Zoning By-law No. 2001-157 AM-08/2001, Grand Niagara Resort Corporation Grassy Brook Road between Montrose & Morris Roads 36-hole Golf Course, Hotel, Vacation Villas, Conference Centre, Fitness Centre/Spa RECOMMENDATION: It is recommended that Council reaffirm, by resolution, the passing of By-law 1No. 2001-157. BACKGROUND: On July 16, 2001, City Council passed By-law No. 2001-157 to permit the development of a 36-hole, championship calibre golf course including a clubhouse, and a practice range; a 3-5 storey 350 mom full service hotel; 300 vacation villas; a sales/administration office; a conference centre; and a fitness centre/spa. During the appeal period an appeal to the by-law was received fi:om Jeffrey J. Wilker of Thomson-Rogers on behalf of Cytec Canada Inc. The reasons given for the appeal are as follows: The zoning by-law does not incorporate a minimum distance setback fi:om the Cytec lands to the resort block of Grand Niagara Development. Such a setback is in accordance with proper planning policies. We note that Cytec operates a chemical manufacturing plant (phosphine plant) on its lands and, as such, the requested setback is required and warranted. The setback provides assurances regarding the continued viability of the heavy industrial zoned lands owned by Cytec. 4. Such setback was specifically agreed to by the applicant prior the Council meeting. Working Together to Serve Our CommuniO~ Clerk's Finance Human Resources Information Systems Legal Planning & Development September 10, 2001 - 2 - PD-2001-78 A specific setback distance to the Cytec lands is required. This will, in part, ensure that any future redevelopment of the property or rezonings or variances sought by the applicant fully respects the buffer principle, and any such planning analysis includes an analysis of the appropriate separator distance. 6. The additional reasons set out in our correspondence of July 16, 2001 to City Council. Such further and other grounds that Council may advise and the Ontario Municipal Board permits. Refer to the attached letter for further detail. The City is required by the Planning Act to forward the appeal and other applicable information within 15 days of the last date of the appeal. The Board requires that Council's position be submitted with the appeal. However, in this case, the appeal and supporting material has already been forwarded to the Board in order to meet the 15-day time limit. A copy of this report and the resolution will follow under separate cover. CONCLUSION: Council passed By-law No. 2001-157 in accordance with the requirements of the Planning Act and based on staffs recommendation, comments from various agencies and individuals, together with submissions made at the public meeting. A resolution of Council to reaffirm the passing of By-law No. 2001-157 is required. Prepared by: Ken Mech Manager of Current Planning Recommended by: Doug Darbyson irector of Planning & Development RespectS. lly submitted:. Approved by: Tony Ravenda Executive Director of Corporate Services Attach. FILE: S:XPDRX2001XPD2001-78.wpd No, Moved by Alderman Seconded by Alderman September 10, 2001 RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By-law No. 2001-157, a by-law to permit the development of a golf course resort. AND The Seal of the Corporation be hereto affixed. E. C. WAGG CITY CLERK WAYNE THOMSON MAYOR Thomson Rollers Jeffrey J. Wilker 416-868-3118 jwilker~thomsonrogers, com Sent By Fax and Delivered August 10, 2001 E.C. Wagg Clerk City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Wa~: Cytec Canada Inc. and the Grand Niagara Golf Course Proposal Appeal of Zoning By-law 2001-157 Our File No. 40/874 We are the solicitors for Cytec Canada Inc. ("Cytec") with respect to the Grand Niagara Golf Course Proposal. On July 16, 2001, City Council passed By-law No. 2001-157 rezoning the Grand Niagara Golf Course Development lands. This letter constitutes the appeal of this zoning by-law on behalf of Cytec. We had written to City Council prior to the passage of this by-law. A copy of our correspondence dated July 16, 2001 is attached. As is noted in that correspondence, the Planning Department did not have available copies of the draft Official Plan Amendment and draft Zoning By-law for review prior to the Council meeting. In an effort to be co-operative, we discussed this matter with Mr. Schnarr, the planner for the Applicant. We secured a commitment from him on behalf of his client that his client would consent to the incorporation of a distance separation buffer to be written into the planning documents. Specifically with respect to the zoning by-law we reference point number 2 of our July 16, 2001 correspondence which required the following: B A R R I S T E R S A N D S O L I C I T O R S SUITE 3100 · 390 BAY STREET · TORONTO, ONTARIO · CANADA · MSH 1W2 · FAX 416-868-3134 · TEL. 416-868-3100 www. thomsonrogers.com Thomson Rooers -2- "Incorporation of a minimum distance separation from the Cytec lands to the resort block of the Grand Niagara Development in the zoning by-law." City Council passed Zoning By-law No. 2001-57. Subsequently under cover of correspondence from Mr. Schnarr dated August 1, 2001, we were provided with a copy of Zoning By-law No. 2001-57. The by-law falls to include a minimum distance separation from the Cyt¢c lands to the resort block of the Niagara Development. Mr. Schnarr suggested that the setback to the Welland River is sufficient to cover this requirement. We have advised him by letter that it is not. Given the absence of this minimum distance separation, we hereby appeal Zoning By-law No. 2001-157 on behalf of our client, Cytec to the Ontario Municipal Board. The grounds for the appeal are as follows: The zoning by-law does not incorporate a minimum distance set back from the Cytec lands to the resort block of Grand Niagara Development; Such a setback is in accordance with proper planning principles. We note that Cytec operates a chemical manufacturing plant (phosphine plant) on its lands, and as such, the requested setback is required and warranted; The setback provides assurances regarding the continued viability of the heavy industrial zoned lands owned by Cytec; Such setback was specifically agreed to by the Applicant prior the Council meeting; A specific setback distance to the Cytec lands is required. This will, in part, ensure that any future redevelopment of the property or rezonings or variances sought by the. Applicant fully respects the buffer principle, and any such planning analysis includes an analysis of the appropriate separator distance. The additional reasons set out in our correspondence of July 16, 2001 to City Council; Such further and other grounds that Counsel may advise and the Ontario Municipal Board permits. We enclose our finn cheque in amount of $125.00 made payable to the Ontario Municipal Board. B A R R I S T E R S A N D S O L I C I T O R S SUITE 3100 · 390 BAY STREET · TORONTO, ONTARIO · CANADA · M5H 1W2 · FAX 416-868-3134 · TEL. 416-868-3100 www. t homsonrogers.com Thomson Ro0ers -3- We note that we have also written to the Region of Niagara with respect to Official Plan Amendment No. 37, advising that Cytec is requesting modification of the Official Plan We have been contacted by Mr. Bmwley of Mr. Schnarr's office and understand that the Applicant concurs with the incorporation of the Cytec setback into the zomg By-law. As such, we anticipate that this matter may be settled by a Consent Order issued by the Ontario Municipal Board. We will advise further regarding the potential resolution of this appeal in due course. In the interim, and given the limitation period to appeal the Zoning By-law 2001-157, please accept this letter as the appeal of that By-law to the Ontario Municipal Board. JJW/ljr Brace Jones, Plant Manager, Cytec Ted Christie, Corporate Counsel Doug Darbyson, City of Niagara Falls Carl Held, Region of Niagara Corwin Cambray, Region of Niagara Ken Mech, City of Niagara Falls Glen Schnarr, Planner for the Applicant B A R R I S T E R S A N D S O L I C I T O R S SUITE 3100 · 390 BAY STREET · TORONTO, ONTARIO · CANADA · MSH 1W2 · FAX 416-868-3134 · TEL. 416-868-3100 www.thomsonrogers.com Thomsoi1 Roflers Jeffrey J. Wilker 416-868-3118 jwilker~thomsonrogers, com Sent By Fax July 16, 2001 Mayor Wayne Thomson and Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Thomson and Members of Council: Cytec Canada Inc. and the Grand Niagara Goff Course Development Proposal Our Fde No. 40/874 We are the solicitors for Cytec Canada Inc. CCytec") with respect to the above proposal. Cytec owns approximately 1000 acres north of the Welland River. Its lands front on Garner Road. Cytec operates its phosphene plant from this location. Cytec wishes to casure that any development being approved in the vicinity of Cytec does not compromise the ability of Cytec to utilize its lands for the Heavy Induslrial uses for which its lands are zoned, including the phosphene plant. Cytec requires certainty that the resort component of the Grand Niagara Golf Course development is located no closer to its plant than the location contained on the original site plan, reviewed and commented on by Cytec. We have been advised that the City Planning Department is "wnllfing on" the Zoning By- law and Official Plan Amendment for Council's approval tonight. We were advised by the Planning Depa, hnent that the staff ~port, Zoning By-law and Official Plan Amendment were not available for review at this time. Obviously this placez Cytco in a difficult position to respond appropriately to the matters before Council this evening. In an effort to be .cooperative, we contacted Mr. Glenn Schnaar, the consultant for thc developer. Ba~ed on his advice and undertaking that the revised site plan does not locate the resort component of the development (being the hotci/time shares/residential component) any closer to the Cytec plant than that shown on the original site plan reviewed by Cytec, and given his commitment on behalf of his client that they will consent B A R R ! S T E R S A N D S O L I C I T O R S SUITE 3100 · 390 BAY STRFET · TORONTO, ONTARIO · CANADA · M5H 1W2 · FAX 416-868-3134 · TEL $16-868-3100 vvww. t homsonr ogers.com Thomson Ro ers -2- to the incorporation of a distance separation buffer to be written into the planning documents, Cytec wishes to respond as follows: Cytec does not object to the approval of the Official Plan Amendment and zoning by-law provided the following occurs: Incorporation of a provision into the site specific Official'Plan Amendment language recognizing the buffer principle from Cytec lands; Incoq~oration of a minimum distance separation from the Cytec lands to the resort block of the Grand Niagara development in the zoning by-law; Confirmation from City planning staff and Glenn Sclmzar in writing that the distance separation on the revised proposal is the same distance sepa~tion as on the Should any of these three components not be acceptable, then Cytee objects to City Council considering and approving the Official Plan Amendment and Zoning By-law this evening, as without these components Cytec does not obtain the requisite certainty that the resort component will be located appropriately. Yours veryh'uly, Jeffrey J. Wiiker JJW/ijr CC: CC: CC: CC: CC: CC: Brace Jones, Plant Manager, Cytec Canada Inc. Ted Christie, Corporate Counsel, Cytcc Canada Inc. Doug Dmbyson, Director of Planning City of Niagara Falls Alex Herlovitch, Deputy Diroztor of Planning, City of Niagara Falls E.C. Wagg, City Clerk, City of Niagara Falls Glenn Schnarr/Carl Brawley, Glenn Schnarr & Associates Corporate Services Department The City of N,o o,'o ,:o,,s Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city,niagarafalls.on,ca Doug Darbyson Director PD-2001-80 September 10, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-80, Request for Extension to Draft Plan Approval Chippawa West Phase 2, 26T-94009 Owner: Queensway-Chippawa Properties Inc. RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Chippawa West Phase 2 Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. BACKGROUND: Conditions of the original draft plan approval for this subdivision indicate that final approval must be obtained within two years or the draft approval will lapse. Before the initial approval period passes, an extension to draft plan approval may be granted provided that a written request is received from the applicant which sets out the reasons for the delay and the steps being taken to resolve the required conditions of approval. In order to ensure that draft plans are not automatically extended without consideration being given to current Council policy, planning principles and contemporary requirements, requests for extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions associated with the delegation of subdivision approval authority, the concurrence of the Region is required before an extension can be granted. PLANNING REVIEW: The developer has submitted a request for an extension to draft approval of the Chippawa West Phase 2 Plan of Subdivision (see attached location map). Original draft approval for the Plan was received from the Region on August 15, 1996. Previous extensions have been granted. In addition, a temporary extension was granted by staff as the anniversary of the formal approval date has passed and to allow a review of the request. }Forking Together to Serve Our CommuniO~ Clerk's Finance Human Resources Information Systems Legal Planning & Development September 10, 2001 -2- PD-2001-80 The subdivision conforms to the City's Official Plan and the land is zoned appropriately. This large plan has a mix of residential dwelling types. The first phase of the subdivision contains over 200 units. There are no additional expenditures required on the part of the municipality for external or internal servicing or oversizing. The developer indicated last year that modifications to the plan are being considered in response to market research. Potential changes to the housing mix, lot sizes and streets within the subdivision require municipal and agency review and approval. The developer is therefore not proceeding with the current subdivision design at this time. The Region has no objection to the extension of draft approval for a one-year period. The final registration of this subdivision plan, as well as others in the City, may potentially be delayed due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have a development strategy in place that permits development to proceed City-wide on the basis that the City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation program has been suspended which affects this City/MOE development strategy. Therefore, all developments must be reviewed individually to determine their impact on localized sewage overflows or basement flooding. CONCLUSION: Based on this review, a further one-year extension (until August 15, 2002) to draft plan approval can be supported, conditional on the subdivision sign being maintained for public information purposes. Prepared by: Richard Wilson Planner 2 Respectfully submitted: Edward P. Lustig ~ Chief Administrative Offic~ Recommended by: Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S 5PDR~001 ~D2001-80.wpd Draft Plan of Subdivision Chippawa West Phase 2 26T-94009 Location Map Subject Land 1: NTS ]'he City of Niagara Fails 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-2001-81 September 10, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-81, Call for Proposals Zoning By-law Review RECOMMENDATION: It is recommended that staff proceed with a call for proposals to update and consolidate the four zoning by-laws in the City. BACKGROUND: For some time now, it has been recognized that it is necessary to undertake a review of the zoning by-laws governing the City. Currently, there are four by-laws each with separate definitions and standards. The by-laws are 22 to 43 years old and need updating. It is necessary to modernize the standards to reflect contemporary development trends. The key results expected for such a project are the consolidation of four by-laws into one document for ease of administration; establishment of consistent standards and regulations; confonnitybetween zoning and Official Plan policies; and simplified language which is more user-friendly resulting in improved public service. Attached are terms of reference to guide the.study. Due to the complexity of the review, it is anticipated that it could take a year to prepare a revised document. The work is to be undertaken through a planning consultant under the direction of the Niagara Falls Planning and Development Services staff. In addition, the City will provide the technical drafting staff to prepare the mapping for the project. Emphasis will be placed on providing various forums for public consultation to ensure adequate opportunity to provide comments. Sufficient funds have been allocated in the budget for the review. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development September 10, 2001 - 2 - PD-2001-81 CONCLUSION: The attached Terms of Reference are to be circulated to a limited number of qualified planning consulting firms with a call for submissions. Prepared by: Alex Herlovitch Director of Planning & Development Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommendedby: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services AH:tc Attach. FILE: S:XPDR~2001 ~PD2001-81 .wpd COMPREHENSIVE ZONING BY-LAW REVIEW TERMS OF REFERENCE INTRODUCTION The City of Niagara Falls is a community of 79,000 people located within the Niagara Region. A major tourist destination, the City receives 12 to 14 million visitors annually. The City is comprised of approximately: 17 percent residential lands 11 percent industrial 10 percent commercial 42 percent rural or agricultural, and 19 percent of the land area designated as environmental protection and open space areas. Each land use category provides for various types of development each with specific standards. The City of Niagara Falls has four zoning by-laws which are used to regulate land uses and prescribe development standards. Chippawa and the lands north of the Welland River are governed by By-law No. 79-200 (1979). The Willoughby area is covered by By-law No. 395 (1966); the Crowland area is covered by By-law No. 1538 (1958) and the Humberstone area is covered by By-law No. 70-69 (1970). The by-laws are not consistent in their respective requirements, nor do they reflect contemporary standards. The by-laws are dated, representing requirements developed 17 to 38 years ago; none of the by-laws fully reflect the standards of today's economy or development trends. Zoning schedules are set out on three independent map formats and need to be standardized. In addition, zoning over portions of the City do not reflect current Official Plan (approved 1993) designations and policies. It is important to resolve the deviations between the Official Plan and Zoning in order to achieve conformity. The use of four by-laws is cumbersome. Over time a number of discrepancies have surfaced with respect to by-law interpretation and administration. It will be necessary to clarify the language of the by-law to ensure the new document is user friendly. The by-laws have not kept pace with current trends. It is incumbent on the City to update and maintain its zoning by-laws to reflect community interests. For all of the reasons noted above, Council has directed that a comprehensive zoning by- law review be undertaken. PROJECT OBJECTIVES The overall intent is to introduce appropriate provisions to ensure the needs of residents and businesses are recognized in order to allow the City to remain competitive with other municipalities. The objectives of the project are to: · produce one comprehensive document to replace the four existing zoning by-laws restructure the document in a format which is clear, concise and user-friendly · develop general provisions which would apply universally across the City · reconcile the zone classifications (and reduce number ofspecialprovisions) fi.om each of the -2- area by-laws with standardized zone provisions harmonize zone requirements with official plan designations/policies address Provincial policy requirements provide an integrated map schedule(s) In general the new by-law should provide for some flexibility within the permitted uses of each zone while ensuring land use compatibility is maintained. AREAS OF CONCERN In undertaking the work for this project to produce a consolidated by-law, and without limiting the scope of work, the update should address the following areas of specific concern: · zoning conformity with the Official Plan · separate tourist categories to reflect the various roles of each tourist district and/or subdistzicts · parking standards for hotels and multi-unit residential projects · separate commemial zones consistent with the Major and Minor designations of the Official Plan and the Neighbourhood Commercial policies · refinement of the industrial categories to provide appropriate gradation of intensity of use addressing compatibility · create agricultural requirements consistent with soil capabilities · an environmental protection zone to replace hazard zoning · home occupation versus home business uses · accessory apartments in converted detached and semi-detached dwellings · improved overall landscape provisions (with special interest on parking lots) · maximum driveway widths in residential areas. Your study proposal should make provision for this work having regard to the objectives outlined above and have regard to Smart Growth principles. STUDY REQUIREMENTS The consultant will be responsible for preparing the work program outlining the study program, methodology, tasks and time fi.ames for undertaking the work. In developing the program, the consultant should have regard to the City's project objectives and areas of concern. Staff Involvement Close consultation with municipal staff and Council is required throughout the project. We believe the experience of staffwith Council combined with the expertise of the consultant will provide the best possible product. The combination of what works what works and what does not work locally when combined with the knowledge outside planners have of other municipalities' by-laws will create the most workable document. The City is not interested in an "offthe shelf' solution. The Deputy Director of Planning and Development will lead the City's participation using resources of the department. In addition, the services of a municipal Planning Technician will be provided for all mapping associated with this project. -3- Deliverables Your proposal to undertake the study should outline how you intend to deliver documentation on each of the following: · identified problems, conflicts and opportunities · proposed changes with full justification · drat~ by-law with maps in a format suitable for public presentation for the purpose of obtaining input · final version of the by-law with map schedule, ready for public notification. It is the intent that the majority of the time will be spent creating solutions, developing provisions and requirements and refining definitions. Meetings and Liaison Continual liaison is necessary, and in any event, the consultant will confer with staff on no less than a bi-weekly basis throughout the study process. The study proposal should provide for meetings with staff at critical time periods during the study process and at other times as may be set out in the proposal. At least four strategic meetings with City staffrepresentatives from various departments and with specific technical expertise Technical Steering Committee shall be included in the proposal and two presentations to Council. The second presentation to Council is to occur as part of the formal public meeting under the Planning Act. In addition, a public consultation process is to be included in the proposal. This consultation should involve input from ratepayers, key stakeholders (to be identified) and agencies. The format of these sessions should be outlined in the proposal, but without limiting the foregoing may include open house(s), workshops, charettes, displays at mall, etc. Your submission should address how the public will be involved. The City will expect a realistic time schedule to complete the work which the consultant must meet. Time Frame The Planning and Development Department estimates that by using both inside and outside help the project would require 10 months of intensive work to prepare a new zoning document suitable for public presentation. Cost A budget of $150,000 has been set. This amount a reflects the level of municipal staff -4- involvement expected to occur. The proposal should include a cost estimate of each stage of work. The costs associated with the approval stage (ie. OMB appeal) may have to be budgeted separately. Each segment of the work is to be budgeted separately. Payment will be monthly by phases based on invoices submitted with the proviso that the final payment of each segment will not occur until the deliverable portion of that segment is received. No work will be commenced on the next segment until authorized to proceed. Submission One paper copy (8.5" x 11") and one CD version of the by-law and schedule are to be submitted. The text portion of the zoning by-law is to be supplied in WordPerfect version 9. Maps are to be supplied in AutoCAD version 14 or greater. CONTENTS OF PROPOSAL All proposals must include: · a detailed work plan and time flame of project · total upset limit, billing periods and should include per-diem charges, disbursements, travel, meeting charges · a listing of all individuals who will be working on the project and their curriculum vitae · a listing of any sub-consultants and staffwho willbe working on the project and their curriculum vitae · identification of the time to be committed to this project by the lead person and that of all others working on the project including an estimate of the time needed by the municipal Planning Technician providing mapping services · a description of similar work performed for other municipalities. Study proposals should be submitted no later than Monday, October 22, 2001 at 4:30 p.m. to the Deputy Director of Planning and Development City Hall, 4310 Queen Street Niagara Falls, Ontario, L2E 6X5. S 5ZONING\UPDATE\TERMSOF_S*p7.wpd The City of Niagara Falls Local Architectural Conservation Advisory Committee 4310 Oueen 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: nfplan@city.niagarafalls.on .ca Kathleen Powell Chair PD-2001-82 September 10, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-82, Matters Arising from the August 22, 2001 Meeting of the Local Architectural Conservation Advisory Committee (LACAC) RECOMMENDATION: It is recommended that these matters be referred to staff for consideration: BACKGROUND: 1. Leeming House/Biller Estate The Niagara Falls LACAC met with the Powers of Attomey for the Biller Estate (Leeming House) and with Peter Stokes (Restoration Architect) to discuss the architectural history of the property. Al~er a lengthy discussion, the following motion was passed: "It is recommended that Council direct staff to investigate saving a very significant heritage property known as the Leeming House, at 5781 Highland Avenue, which is at risk of being demolished." Included in your Council package is an Executive Summary of Peter Stokes' report outlining the significance of the Leeming House. 2. Jolley Cut LACAC discussed the historic nature of the Jolley Cut extending from the end of Robinson Street to Queen Victoria Park. The following motion was passed. "It is recommended to Council that the lands of the Jolley Cut pathway are historically significant and a cultural resource in the City and should remain accessible as a public pathway." WOr~ Tooet/Jer to Seroe Oar Communit~ September 10, 2001 - 2 - PD-2001-82 CONCLUSION: LACAC is seeking the consideration of City Council on these matters. Respectfully Submitted: Kathleen Pow¢ll, Chair Local Architectural Conservation Advisory Committee :tc Attach. S:~PDRX2001 ~PD2001-82.wpd PETER JOHN STOKES, B.Arch., LL.D., F.R.A. hC. Consulting Restoration Architect 244 KING ST. P.O. BOX 170 NiAGARA-ON-THE-LAKE,ONTARIO LOS 1J0 PHONE (905) 468-7640 Report re: The ~ HonSe Niagara Falls, ~ re~t is dea{cated to th~ preservation and cc~t/nued enjoyment of the Le~ 'House and with respect to its owners, past present and fu~,~e. Thanks are due to Mrs. Wendy Canavan, Mr. Kim wilson and Miss Lo3~-~e Billet of the family c~ning tb~ property for allowing t~e investigation and recording of the ~ouse and the preparation of th~ repu£t on this remarkable early building, and to-Ann, my wife, for typing the t~xt. The investigatic~ and record started in September 2000, c~nti~ng in t~ fi~t quoter of 2001, fo~d 5y ph~apny. ~ne original so-c~!led Parsonage property of eight acres devolved f_rcm an 1805 Crown grant to Noah cook of Lot 131 of Stamford Township at the no--st corner of Lundy's Lane and Dr~,z%*ald Road. This included a four- acre parcel sold by Richard Lecnard, (pur~ with other la~ds in 1817 to ~e developed as D~m~cndville), in 1821 to Ma~/aret Hickman Shaw, when the the site of the house locatea towards the 'nc~t cc~ner. Leering purchased the adjoin/rig four aures'to the-w~st in 1827. The ~=verend Le~ died in 1863 (his wife, ten years olaf, b~ .died t~n ye~s [~_fore), ~ut the benefic~ ~ries sold out in 1869. Subsequently. this and nelghbouring properties ~ re-subdivided in the early ~entieth cent~ry under the Dalton and Fr~l~ck plan into smaller (.40'-0" wide by 150'-0" + deep) lots, the present house, nuntered 5781, ocompying three of these f~ting Highland Avenue. broken-pitched saltbox, cne-andra-b~lf storey form, is t_hougF~:to have been cc~structed just after the War of 1812, perlmPS prior to 1821 and its lean-to ~ftionpos~ly shortly'after that date. The o~en is a typically Col~ pr~ents ex~]{fied by e~ly Nia~apost-War of 1812 rekxt~]~{ng Sit~: ~ne present neigh~ourhood is a w~lt-established and apparently stable cu~u-~nityof s~7]er houses, %rarying in size, form and material, but a mixture of masonry and fra~, erected mainly from t~e early to the mid-twentieth century with scn~ post-World War II extension and infilling. -2- The Leaning House property stands out on the west side of the street by virtue of its size (cc~prising three lots to~alllng 120'-0 frontage and a little over a third of an acre), by its majestic trees, including tail conifers and a venerable. 3apanese maple, as well as the house set well beck and While the soil se6ms to ~e a sand lo~m believed to be over a deeper sandy subsoil like Fralick's Tavern to the ear-t, the site is relatively level with almost imperce~hl~ slope away fr~a the house, well cove_t~ by shrubs and other herbaceous material except for a shaded lawn to the street side ard to the south-we~t corner Where the foundatica of an early twentieth cenh~y. ~a, burnt by vandals in more recent times, survives. There see~s to be no · ' e star~ing water fr~a thaws or rains persisting. ~robl~n of site draanag , nor Tree House Itself: presented .to Highland Avenue, its south frOnt, formerly that to Lundy's Lane, with an integral veran~ ah'and three-bay design. The chimneys are internal to ~ plan, the larger to th~ west just ahead of, hut mostly behind the roof ridge catering to fireplaces, t~ east stove stack set behir~ the ridge. The original f~se cuL~rised two ground floor windows and a nazauw centre gable epening to each er~ and a three-bey r~ eleu~tien ~pple~ted Dy "stomachers? or lo~ windows below the eaves. The' -lean-to extensien, includ~ a full base- me_hr, merely resulted in closing. 6ff these upper windows at t_he beck. ~he house has a full stc~e foundatien to the frOnt, and original, sectien, the additic~ a brick-topped baseaent w~l']. ~ll~ above are clapboarded, at m~derate exposure, with traditional de~ailing of starter bo~_ ~, here with pro- a slightly ~ decorative architrave, but no sidelights, a transc~ being pre- cluded by t_he ~_rar~ah ceiling. The house is.now paint__~ an off-white or light cre~. T~e r~ar vestibule entra~-e to the bese~ent kitchen app~ars to be an ~rly, if not origir~I, a~pendage~ However the front verandah .has ~een ~ ded with a p~fllment_~ gable constructed.in the early t~e~tieth century. Divided ~h hav~ been replaced ar~ all louvred shutters show~ in a c. 1915 photogr~aph have been r..?ff?~.., A ~ wir~ow_ .to the best parl~%r was also closed in early t~ntieth r~tlc~s. Chimneys ~hnve the roof Pave bee~ re]~,ilt, veran~_ ah b~l,,strades have recently be~n t~rn off Dy var~t~. Otherwise th~ Le~ House red,ins ~ach as it was b~ilt. Th~ evolutic~ of the exterior design 'is rel~esented in the aco~apanying sketches. ~ progressxo .through the house is most easily understoed by going frc~ the main or ground floor to the bas~T~nt to realize the d~estic arrarge- merits, and ending with the sleeping accuL,~dation uPstairs- -3- Ground Floor: The Le~nirg House is the conventional centre hall plan with flankirg reception rocms, but the de~a~ls of rotan use se~ to differ frun the norm. Although the centre hall now contains the mm~n stair this is, at best, an early twentieth century replacenent to what is b~l ~ eve~' to have been a somewhat tight, ~ut very ecc~xeical use of -~r~e with vertical access provided in t/Se nort/%-~a-~t corner of the front hall bet~a~en bas~aent kitchen and m~4n floor, and then to the upstairs. TO the left of the front door is a best parlour, a r(x~ barely 12'-0" s~e, ~ic~]ly ~.~)osed originally with kn interior fireplace ~ the north side flanked .by cupSoard and passage to the deeper roan behind c~eated by '~{ng the lean-to and possibly a study-cum-meeting rocm originally, th/s nm ~atgr~/sed by inserting a bathr~m (of the mid-1920s) in the hack 6'-0" and cutting off the north .light. The rest of the lean-to alongside .became a mourn kitchen, its have resulted in rafter replac~we_nt, but the repairs w~re not cu~leted. leads by ~t~Nporary g]a?~d French doors to'the frc~Ycroc~ to the right of the entrance. This ] amt space' appoars to have been the living roc~ more recently, and displays the m~st elaborate pilaster trim with corner blocks Likely frcm the end of the first or beginning of the sec~ qu~rter of the nineteenth century. This is believed originally to have been the dining parlour, much like the treatment of the Butler House in Niagara-f~-t_he-Lake, but here Trim othemwise in this part of the house is a quirk~m~laed architrave wit~ 5ackmou/d, six-panel walnut doors,, baseboards m~nly with m~ulded caps and pi~.~tered mene-]pieces. In the lean-to the architraves and habitably fin~ ~hed with planked ~fl°°r, plastered w~l~ and c~rra~], interpreted as a servants~ ro~. The ~ to the north of this is the original ~ kitchen- extends into the .lean-to'additic~: or~gm~lly it was extra- corner of this roan can be seen signs of a previous staircase. Alongside, in the north-east part of the lean-to is a very deep larder, fully finished with plastered ceiling and hooks for hanging meat, and a drain, ~aybe converted frcm the original w~ll, r~ar its south-w~st corner just inside the door. The east of t_he basement is a utility rock, last a laundry. -4- To gain extra headroc~ the basement ceiling, except for the larder, has been coffered between beams. Though most of the windows have been replaced two very early types survive, a horizontally sliding pa~ in the kitchen and an awning type in the larder, both with 9" by 7" panes (i.e. the usual 7" by 9" set on their sides). Doors in this area. are original, of k~ded plank and cross cleat types, with old hardware still attached. Seocnd Floor: q~ere have been m~re changes made ~r the years ups~s, but most ~.f,aar to ha~ aco~panied the new ~ly twentieth century sea~, necessitating the relocation of the north-south separating partition ar~ p~ting closets in t~o bedrocks. However pravioosly the lean-to additi~ certainly pr~motsd of canjec~,~el plans of the evolution and as-f~und conditic~s m~y be of interest. The most fascinating deta~ l f~und up here is the pulley built into the w~st partition of the north-east rocm, which at first was tbsught to have Seen an indication of a dumbwaiter detail bet~m~n bas~ment and .grcund floor, 5ut later c~sider~d' per-haps merely to have been a provision for a counter- The La,ming .hc~se, a remarkable survi~-al of an early nineteenth build~ng in th~ neoClassical or k~l(~t t_l~!tion, ~mt very tach of a vernacular character, rem%ins in an unusual location to be resoaed f~r its preservation and fu~_~re enjoyment. Lasting for aln~st two centuries with so little charge, its footprint and space the sa~e as when it was built and first enlarged shortly after, it demar~s utmost care, respect and a~-opriate treat- m~nt in its restoration ar~ enhancement, or~ alternatively as a first step its rehabilitation for occupancy. For this two programs-w~re developed as outlines of work and badger repu*~le co~tractors highly qualified in k,l~l~rg conser~atic~ and r~tion. Drawings and descriptions of work Were _~ref~,lly considered and tbs. subject b~{]din~ viewed c~.,~rehensively in order to develop the figures. Rehabilitation f~ Occu~ency would cost rc~ghiy $224,000, includirg items likely to attract financial assistance via grants or lcd-interest loans. -. ReStor~ti~ and Enhanoenent, however, p~ovides a'figure-of about $455,000, ~ ref!~ting a total project with full treatmant of t~m preser~tion of t~ house, restoration of its missing historic and archit~unml features cc~tinued use and enjoyment as a dwelling, maybe as a notable visitor haven (e.g. special Bed and Breakfast, r~ing a zoning By law amendmant), but for l~nger stays and/or family enjoyment, or a~ting aocu¥~odation to uroyide a simple two-family arrangement, the bas~nent serrated with its -5- The Leeming House is at the cross roads of its history and the next step skculd avoid a de~d end ar~ lead to its revival as an historic dwell/rig of very special quality. postscript: .Though the main thrust of this report has been the preservation of the I~ House a fe~' further words about the possible treatment of the site and its' landscape may be in crder. First the site ~{.~plays a renarkable show of vegetation frcm magnificent mah~re trees to a fascinating collection of old-fashic~ed shrubs, perenn/a]~, However it is a !a~gely undeveloped, though happily haphazard, survival, which offers m/ch opportunity for develcping c~e or two histo=ic associations to enhance the house and its setting. ~-~_~ will be need to reuove undesirable introductic~, such as plant/n~s, and to ~A4 other attractive materla] of a period or suc/~ as black locust, black walnuts, maybe white pine ar~ a cu~le~_nt of orchard trees in variety. but a street-front fenoe, part board, part picket or p~l~r~ se~ns essential to enclose the property. Side fences will need attention too. A fozmal doory~ord garden enclosed by a picket fence ar~ ~rc~ the house..~ de~ed apprcpriate, particalarly if plant~. %%th historical material. Likewise a fenced backyard could include a small herb garden and a vegetable patch. BeyS, i~ the north-%~est q~rant, a~ orc~ could be developed to augment the chel-~y, quince and pear ~]ready in place. The c~_ly major structu~ cont~iat~d is a coach-hcuse/s~ble in scutA ~ corner of ~hm plot, a modest three-bay; °~e-and-a-quarter ~tore~ of cl~oard, with gabl~'..zoof, set in the location of the fouler barn razed L~' fire. Drives and paths should be of natural, not mar..~actured materials, uncrush~d gravel and flag~tc~e for instanoe. gradually to ou~plemant the Le~dng House. Desi~cnation S%m~ary for Part IV, C~tario Heritage Act: The l_e~m/ng House at 5781 Highland Avenue, Niagara Falls, C~ ~tario is impc~tant b_istorie~]]y for the ~rly date of its construction and its · assccia~ion with The l~verend william Le~, the second Chu~d~ of England missionary to the Niagara Peninsula who ~ned the house frcm ~1823 until b~s death in 1863 ~ may have lived in it shortly aft~-/' k~ arrived in 1819. -6- Also historically important is the ccnnecticn of t/~e house with the early life of Thom3s Brock Fuller, the Leemings' nephew, who was to beccme the first Bishop of the Anglican Diocese of Niagara in 1875. Architecturally the Le~ House is significant for i~s e~..rly shape and structure, being so little changed frou its original broken-pitcP~d saltbox f~L~ with frc~t %~randalL Furthermore its c~leuent of original trim and joiner~_ is of particular merit and quality, representative of the best dc~esti~ ~xrk of the ~xly rnineteenth century. The ~ Hc~. aL~o exhibits an early dw~t'.~ng layout of interi~ c~ locatic~.s with fireplace heating The property is a ]~ger city lot over a third of an acre favoured with magnificent mature coniferous specimens, a venerable Japanese maple and.roach old-fashioned plant ~aterial, tr~ I~ l~use itself located 9 August 2001 I THE ~ ~:,~4ING HOUSE LI~D t20 GARDEN PIAN 1 V~i ~ f~ & ~ ga~: ~ght & 1~ 2 Pi~t ~ ~g f~ & ~: do. 3. Pi~t f~ ~ o~ta] f~ ~ ~- Pa~, pi~t or'~t~e f~ ~ 5 v~ .~ ~ ~] ~ f~: ~J~ ~ ~~ ~t. 6 p~ ~.~c~ ~ f~: do. ~t ~1 f~, "~t" ~ or ~ d~le ~ & ~ ~ri~. ~n~: tl "~'~e ~/Stable", ~ ~ .g~ge, ~t & ~ ~ge. P~ A~ H ~1. ~ ~~ ~: for ~i~ ~ ~ Pi~ P~. &L J & M ~ ~s & fl~ ~: 02 03 ~h~t ~ ~ 04 ~o~'~ ~~- ~ ~ ~jor p~s: N B!~-k~t: .~g~ (~p~ ~ ~?~). R B~ 1~:- ~'~~ (3) S ~~: ~~ ~ (4) ~'A. ~~. (~) The City of Niagara Falls Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.nlagarafalls.on.ca 'Fei: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niag arafalls.on.ca September 10, 2001 Doug Darbyson Director PD-2001-83 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-83, Request for Extension to Draft Plan Approval Warren Woods, 26T-96001 (Revised) Owner: 797045 Ontario Ltd. (S. Cowan) RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Warren Woods Plan of Subdivision, conditional on the applicant erecting the appropriate subdivision signs on the property for public information purposes. BACKGROUND: Conditions of the original draft plan approval for this subdivision indicate that final approval must be obtained within three years or the draft approval will lapse. Before the initial approval period passes, an extension to draft plan approval may be granted provided that a written request is received from the applicant which sets out the reasons for the delay and the steps being taken to resolve the required conditions of approval. In order to ensure that draft plans arc not automatically extended without consideration being given to current Council policy, planning principles and contemporary requirement s, requests for extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions associated with the delegation of subdivision approval authority, the concurrence of the Region is required before an extension can be granted. PLANNING REVIEW: The developer has submitted a request for an extension to draft approval of the Warren Woods Plan of Subdivision (see attached location map): Original draft approval for the Plan was received from the Region on October 23, 1998. This is the first request to extend draft plan approval. Working Together to Serve Our CommunRy Clerk's Finance Human Resoumes Information Systems · Legal Planning & Development September 10, 2001 -2- PD-2001-83 This large subdivision proposes over 600 housing units in 4 development phases extending between Kalar Road and Garner Road. The plan provides a compact form of housing with a mix of singie- detached dwellings, on-street townhouses and apash~ent units. The subdivision conforms to the City's Official Plan and Garner Neighbourhood Secondary Plan. Phase 1 has detailed conditions of subdivision approval and is zoned appropriately. Future phases are subject to additional review, various environmental studies and rezoning. The developer has requested a 2-year extension for the plan given its size, market demand and to address servicing and environmental conditions. The Region has no objection to the extension of draft approval for a one-year period. Regional practice has been to extend draft approval on an annual basis to allow a regular review of the plan and to monitor the availability of service capacity. The final registration of this subdivision plan, as well as others in the City, may potentially be delayed due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have a development strategy in place that permits development to proceed City-wide on the basis that the City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation program has been suspended which affects this City/MOE development strategy. Therefore, all developments must be reviewed individually to determine their impact on localized sewage overflows or basement flooding. CONCLUSION: Based on this review, a one-year extension (until October 23, 2002) to draft plan approval can be supported. There is currently no Public Notice sign for the subdivision on the property. Council's support for the extension should be conditional on subdivision signs being posted and maintained on the Kalar Road and Garner Road frontages for public information purposes. This condition can be cleared through the submission of photographs to the City showing the required signs. Richard Wilson Planner 2 Edward P. Lustig ,J Chief Administrative Officer Recommendedby: ~h, Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:tc Attach. FILE: S:~PDR~2001 ~PD2001-83.wpd Draft Plan of Subdivision Warren Wo~ds 26T-96001 (Revised) Location Map Future Phases Subject Land Niagam Regi FMinor.Football Association "Football Niagara" Augu~ 1:}~--2001 Dear Mayor Thomson and Members of City Council: On June 20, 1999, Mayor Thomson, Councilmen Kim Craitor and Victor Pietroangelo helped kick off the Inaugural season of the Niagara Regional Minor Football League. It was the beginning of a season full of anticipation. At that time, our League registered 320 players, ages 8-12 years of age. Players from across the region signed up to participate in a sport not offered in Niagara since the late 1970's. The Executive volunteers, parents, businesses, and various municipal government agencies all came together to make the first year a very rewarding one. We are now in our third year and have enrolled over 800 youth from the Niagara Region, with Niagara Falls serving as the headquarters of our League. Every year we look for ways of making our method of operation more efficient and manageable for the volunteers who put so much personal time into making this enterprise a success. Ensuring we have a suitable playing field is one of the most pressing concerns we face f~om year to year. Currently, we are permitted to use the field at A.N. Myer High School through the authority of the Niagara District School Board. Though we appreciate the use of this field, the field has many bare spots and uneven termix~ Players have been injured by being tackled on the hard bare spots and ankles have been twisted because of the uneven surface. We are very concerned about the potential of a serious injury contributed due to the condition of this field. The basis of my letter is to graciously request the City of Niagara Falls designate one of the City- owned fields exclusively as a football playing venue. As with other minor sporting organizations, the City has provided a playing venue for those associations. By allowing our football association control of our own playing field, scheduling will be more manageable; we will assume personal responsibility to maintain the turf to suitable standards; we will provide sufficient seating for parents and other spectators; and make available sanitary facilities for those in need. At this time, we would like to extend a cordial invitation to the Mayor and members of City Council to drop by our Super Sunday Championship Day on Sunday August 26th at A.N. Myer field anytime from 10:00-5:00 and witness the conclusion of our third year. This is an opportunity for players to enjoy an end-of-the-year banquet and receive a trophy for their participation this season. The Grey Cup will be brought from Hamilton to he on display; Cogeco Cable TV will be there to broadcast the games; the Hamilton Tiger-Cat cheerleaders will be in attendance and M & M Meats will be the business running the food operations. In closing, I would hope you seriously consider our request and inform us as the requirements involved in this process. We would be happy to furnish you with any information needed to facilitate lhis request. A recent study in Arizona showed a parks-and-recreation program serving 6,500 children encouraged academic excellence, promoted self-esteem, reduced stress and reinforced positive values. The report showed a 52% decrease in youth crime rates because of the program. With your continued support, we believe that our Association can offer the opportunity to the youth in our community to identify and obJpius those val,¢es that will last a lifetime. INR M F A President ............... ..... 6643 Glendoone St., NM§ara Falls, Ontario L2d 1Gl Telephone/Fax {905) 366-4343 · www. vaxxine.com/nrmfa · E-Mail: rickfoot@caninet.com Foil, Cit/of Niagara Falls Arts & Culture Commission 7565 Lundy's Lane Niagara Falls, Ontario L2H IG9 Telephone: Fax: E-mail: Website: 905-356-7521, ext. 4330 905-356-7404 prc~city.nlagarafalls.on.ca www.city.niagarafalls.on.ca July 30, 2001 Ms. Margaret Mingle 7101 Ridgewood Crescent Niagara Falls, Ontario L2J 2C2 Dear Margaret: I would like to take this opportunity to confirm that your 'verbal' resignation from the Arts & Culture Commission, City of Niagara Falls, was accepted by the Members of the Commission at its regular meeting on Thursday, July 26, 2001. We understand that your commitments with various 9rganizations preclude your attendance at regular meetings of the Arts & Culture Commission. We wish you success in pursuing your other volunteer interests in our Niagara Falls community. Sincerely yours, Wayne S. Scott, Chair Niagara Falls Arts & Culture Commission WSS:rp P. LANNINGUEET!NG SEP 10 2UO1 Fax. No. 905~356-9083 To: Woody Wagg Clerk Cily of Niagara Falls FAX MEMO page I of 1 August 28, 2001 Message; To Mayor Wayne Tompson and City Counoii With the resignation of Ken Feren from the Airport Commission we are in need of a replacement. I feel that it is very important for the City to be adequately represented on this Commission, and would request that a Council representative be appointed ASAP. Yours Truly Chairman The Canadian Foundalion for the Study of Infant Deaths La Fondation c~n~dienne pour I'~tude de la mortalit~ infantile Ncaional O~ce: 586 Eglinton Avenue East, Suite 308, Toronto, Ontario M4P IP2 Tel: 416-488-3260 Toll Free: 1-800-END-SIDS Fax: 416-488-3864 Website: www. sidscanada.org E-Marl: sidsinfo~,sidscanada, org Mayor Wayne Thompson City of Niagara Falls P O Box 1023 4310 Queen Street Niagara Falls, On L2E 6X5 Re: October is SH)S Awareness Month , AU6 2 9 2001 Sudden Infant Death Syndrome (SIDS) is still the leading killer of infants between the ages of one month and one year. The result is that every week 3 babies in Canada are lost to this silent killer. The aftermath is horrible. Families are completely devastated and, as a community, we mourn both their personal loss and the loss of our future doctors, carpenters, artists, lawyers, etc. Today, we know that there are ways in which to reduce the risk of SIDS but not, sadly, to prevent it absolutely. The SIDS Foundation works to support medical research, provide public education and support grieving families. As part of our efforts we invi3~_~ you to help proclaim October as SIDS awareness month in the City of 8t~-athada~.~- I have attached a copy of the suggested wording of such a proclamation. We have a 24-hour, toll-free telephone line at 1-800-363-7437 which can provide information and counseling to any of your constituents. SIDS Niagara is hosting several events this coming October. From October 17 to the 24% public awareness days will be at the Pen Center where Chocolate Lips for our, Every Baby Deserves a Kiss, Let's Kiss SIDS Goodbye Campaign. Cogego TV 10 Niagara has produced a PSA for this campaign which will air until the end of October. This PSA has been made available to all cable stations across Canada. On October 25, a dinner and auction will bo held and we would be pleased to be able to offer a souvenir from your municipality. Because this is our first national campaign, the importance of proclamations can not be underestimated. IfI can be of furtber assistance please do not hesitate to contact me directly at (90S) 6S7-S6~. Mary MhcCormlc~~ President SIDS Niagara SIDS Niagara is the Host of the Canadian Conference in October 2002 BN Charitable Registration Number 118831544-RR0001 August 30, 2001 Dear Mr. Wagg: I am applying for a Special Occasions Permit for a fireworks display to be held at Bible Baptist Church, 5329 Beechwood Rd., on Friday September 20, 2001. If granted this will be a small display with family style fireworks, and not a large commemial type display. We are having our annual Ladies' Conference on September 20 and 21, 2001 at Bible Baptist Church. We would like to have the fireworks co-incide with the evening's final session, at aproximately 8 PM, on Friday, September 20, 2001. The church is located on seventeen (17) acres of land and there is open land in front of and to the side of the church. Across Beechwood Rd. and across Uppers Lane there are open farm fields. This is about the sixteenth (16th) annual Ladie's Conference held here. We are expecting between one hundred and fifty (150) and two hundred (200) ladies from Canada and the United States to attend. We would like to make this an extra special occasion as out theme this year is 'Celebrate,' and what better way to celebrate than with a fireworks display. Thank you for you time in considering this request. Awaiting your decision, Hazel Forsythe 905-357-7223 RudY Tychynski Sr., 4604 Erie ave., Niagara F@lls Ont., L2E Re, Winter Indoor Horseshoes Nayor, City Council, & Recreation Dev$, Gentlemen~ I I am writing this letter (request) to In~uire if there is any chance of our city to provide some sort of an indoor space to h~use an indoor hursesnoe winter league. At ~res~nt w~ nav~ a'~.p~ox. 70 ~l~y~z~ wi~a 1S ~i.£ ~o a summ&r horseshoe league which is totally financed by the Cyanamid Co. and ~articipating players. This league was i~itiaIly star'ted for employees of the Cy~nsrid but is now open to anyone who cares to join. The Cyanamid Co. continues to provide us with She lot, a clubhouse, generator for lighting, ecuipment to m~intain the premises etc. This league is enjosed by ~any seniors and younger people alike at uo cost ~o th~ cit~. There apFe~rs to be winter recreatior ~or ~s~iors in many soorts but horseshoes. We feel that horseshoes prov~, a healthy and skillful soort for all s~es, A s~ort wb.re s~n~ors are comoet~tive with the youn~er ~enerstion. A w~±er lea~u~ woul~ out ~ smil~ o~ many f~c~s. Tru~tin? tbst this matter will be ~iven fair consider_ atien. Yours truly We~*~,ve, fathers_and sons en3oyin~ ~nls .sm. ~o~e~ner. Peter Cortleld, Fire Chief August 31, 2001 N~_~ara F~ Fife I~part~mtt 5809 Mordson Street Niagara Falls, Ontado L2E 2E8 Emergency Tel. No. 9-1-1 ,N:iministration (905) 356o1321 Fax (905) 356-6236 pcorfiel~¢ity, niagara falls.on.ca Mayor Wayne Thomson and City Council I am hereby submitting my resignation as Fire Chief for the City of Niagara Falls. The effective date will be Friday, August 31, 2001. At this time, I would like to thank all of the members of the present city council as well as all of the councils I have had the privilege to serve over these past 12 and a half years both as fire chief and deputy fire chief. My nearly thirty one years as a fire fighter for this city have taken me on many different and exciting roads. I never thought, when I first began my career, that I would ever have the rare honour of serving this city in the highest capacity with one of the province's best fire depm tinents. So many programs and initiatives were undertaken with excellent results during my tenure in office. I am very proud of how all of our firefighters assisted with the development and implementation of the first fire fighter defibrillation program in the Niagara Region, our first class training facilities, the region's first and only city wide traffic light control program, our smoke alarm and self inspection programs adopted by the Fire Marshal's Office, the first fire depaxhx~ent in the region to purchase and use thermal imaging camera for reducing fire loss, our emergency heliport, the fire apparatus upgrades, the improvements to Stations 4 and 5, the tanker shuttle exercise for better fire insurance ratings and much more. None of this could have been done without the assistance of our mayor, city council, senior staff, and fire fighters. I wish to thank former Mayor Bill Smeaton and his council for selecting me as deputy fire chief in 1989. I also want to personally thank Mayor Thomson and the council of 1994 for appointing me the sixth full time fire chief in the history of this fire department. I sincerely thank all of the councils for their untiring support of me through the varions highs and lows one experiences in a position such as this. I have been treated so kindly and with great respect by all members of the council. Two special former aldermen, Pat Cummings and Paisley Janvary, were very kind with their support and I thank them. I thank former Chief Administrative Officer Jack Collinson for his support and approval of my selection as deputy fire chief. Present CAO Mr. Ed Lnstig has been extremely supportive, both professionally and personally, and for that, I wish to thank him as well. Executive Directors John MacDonald and Tony Ravenda have been excellent with me as well, and I thank them both. I will always have especially fond memories of former Fire Chief Stan Thomson who would make a point of dropping by to see me, from time to time, and offer kind words of encouragement and sage advice. My immediate predecessor, former Fire Chief Dave Kemp, remains to this day, a special friend. Chief Kemp took me under his wing and allowed me to develop and grow, and prepare myself for the large responsibilities a fire chief carries. I thank them both. With Dave's assistance, I became the first and only fire chief in the Province of Ontario to attend and pass the prestigious the United States' National Fire Academy's Executive Fire Officer Program. Many present and former career fire officers and fire fighters were prominent in my career development and I wish to thank them all for their help, encouragement, and patience. I can truly state that these individuals have been, and are, a credit to this fine municipality. During my career, I had the privilege of working with, and knowing, many fine individuals, past and present, of our volunteer suppression force. These fine individuals perform their duties in an unselfish manner and with a dedication to our community which is truly remarkable to witness. For all of these people, a heart felt thank-you as well. I especially thank former Area Chiefs Mary McKeag, Harry Noyes, Colin Biggar, and present Area Chiefs Gord Chase, Rick Winger, and Gary Morris. To my two Assistant Fire Chiefs, Colin "Barney"Ruddell and Lee Smith, I will miss you very much. I will miss our daily meetings, our serums, and our process for dealing with issues. You both are truly great friends and great assets to the fire depmhnent and our citizens. And I will always be thanlfful to you for this as well as for your friendship. A very special lady at city hall by the name of Brenda Maggs has been my confidant, my advisor, my counsellor, my strong support, my friend. For these reasons and more, I will always be indebted to her and will miss her. Brenda - thank-you! Another special lady, my secretary for these many years, Raquel "Rocky" Shantz, has been the most loyal person one could wish to work with. Rocky has always carried out her duties with nary a whisper of complaint and has always been a tree professional. Rocky - thank-you! I also wish tn thank some other very special ladies in my professional life. Laura Carroll, Fay Starostic, Karen Kitney, Holly Monchallin, and Mary Morrone have all made my life much better just by knowing they are my friends and I thank them. Some other special people who have been just great with me and I wish them well and thank them are Steve Norris and Tom Mussari. All present and past senior staff have b~n excellent to work with and much appreciated and thanked. I wish my successor, whomever that will be, all of the best. It's a great fire department! Finally, I want to especially thank my beautiful wife Barbara and my children Peter, Karen, and Aimee for their strong support through all of the good times and not so good times. They are my fortress. Sincerely, Peter Corfield Fire Chief ~-*l~'c,~rr0 ' ~T~'~: N A~ARA FALLS VWWV- ~ayor 1-hom~on r~; 13etitio~0, en~ h~!~,~s.s~!~ ~(~.~ q From: nobedy@chardonnay.niagaracom Date: 8/24/01 12:50PM Subject: CITY OF NIAGARA FALLS WWW - To Mayor Thomson m: petitions to end homelessness in canada & ontario Received From the City of Niagara Falls WebSite: Date and Time Stamp: Friday, August 24, 2001 at 12:50:09 (EDT) Visitor's Email Address: justice4all80@hotmail.com The following are the recipients of this email: bdd@city.niagarafalls.on.ca URL Visited: http:/Nvww.city.niagarafalls.on.ca/contact, html Comment/Request made: Recently I began a new petition campaign to end homelessness in our province, I have pasted a copy with this message, I wish to request the support of your city council for this, could you have it presented at your next council meeting and let me know of the outcome? Sincerely Daniel Dufresne PETITION TO END HOMELESSNESS iN ONTARIO To the Legislature of Ontario: Whereas; the Ontario Provincial government has totally withdrawn itself from building new social housing project in this province therefore endangering the lifes of the less fortunates and residents who can't afford paying the high cost rent. VVhereas; the Ontario Government should recognize that there is a serious shortage of affordable housing in this province Whereas; the Ontario Government should recognize that the homeless situation in this province has reached a crisis proportion and that some measure have to be taken to remedy the situation. Whereas; the Ontario government should recognize that the hostel system wasn't meant to be for permanent housing but is for temporary shelters. Whereas; the Ontario Govemment should implement the 1% solution promoted by the Toronto Disaster Relief Committee and restore the Rent Control Act which was taken away by the current government. We the undersigned petition the Legislature of Ontario as follow; we are asking that the Legislature see that the government take actions to end the homeless situation in Ontario with any means that are at it's disposition. This is the other petition I have been circulating for quite sometime, your support and city council would be Laura Carro - C ~-0~ ~i~,'=~.~ ¢--~,LLs~~T~ M~r Thom~o-~ rei ~etiti~9 e~.~.~-on~eiessr{e~~ i~n Cana~d'a- &~'~ 2'~ very appreciated. PETITION TO END HOMELESSNESS IN CANADA To the House of Commons In Parliament Assembled We, the undersigned residents of Canada, draw the attention of the House to the following: THAT; the Federal Government recognize that there is a serious shortage of affordable housing in our country and that the Federal Government should take action to remedy the situation; THAT; the Federal Government should adopt a national housing strategy; THAT; the Federal Government should adopt the 1% solution put forward by the Toronto Disaster Relief committee which would eliminate the national disaster related to homelessness in our country; THEREFORE; your petitioners call upon Parliament to address these problems as soon as possible. Can you please let me know ASAP if your city council will support these petitions. Thank you: Daniel Dufresne Brought to you by the experts at... .................... INETT ................... ...... internet solutions ..... .... inett@inett.com .... http:llwww.inett.coml .... ~~ 1-905-358-1NETT(4638) ~~ 1-800-936-1NETr(4638) ~~ The of Niagara Falls community services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2001-106 September 1 O, 2001 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re' MW-2001-106 Tender #4-2001 Tandem Truck Purchase RECOMMENDATION: It is recommended that the purchase of a 59,500 lb. Tandem truck c/w with dump body, snow plough, and sanding/salting attachments be awarded to Archers Truck Service Ltd at a cost of $194,195.84 including taxes. BACKGROUND: Tenders for 2001 New Equipment were opened May 24, 2001. The only complete tenders were for dump trucks. Tenders for smaller equipment were incomplete since bidders could not confirm 2001 or 2002 prices. These have since been re-tendered and a report will be submitted to Council for smaller equipment. The purchase of a tandem replaces a single axle dump truck (#131). Upgrading to a tandem was reviewed by staff which feels operations will benefit with a tandem. With the closure of the landfill, hauling distances are greater. All Municipal Works Sections will benefit with the greater hauling capacity. The assumption of Regional Roads resulted in the review of existing equipment. The purchase of a tandem will provide winter maintenance without an increase in fleet size. The purchase of a tandem will replace a grader lease used for snow plowing costing approximately $16,000 for a 4 month period. · The difference between the cost of a single axle and a tandems is $40,000. The purchase of a tandem will result in maintaining our existing level of service without increasing the numbers of dump trucks in the fleet. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws MW-2001-106 -2- September 10, 2001 Staff compared the cost of purchasing with leasing. The best sixty month lease to own would cost $3,252 per month plus a $48,144 purchase option after sixty months or $243,305 including taxes. A second lease option includes sixty month lease at $3,252 and returning the track after sixty months at a cost of $195,120 including taxes with a need to renew a lease. The City esimtates the use of a truck to be ten (10) years. The cost to purchase was budgeted in the 2001 new equipment budget. Councils approval of the recommendation would be appreciated. Prepared by: Douglas Goo , Operations Superintendent Recomme~t~ by: Ed DujYovic, P.Eng., Director of Municipal Works DG/cd Ao~ MaPrOved by: / cD j/Executive Director of Community Services Respectfully Submitted by: ~dward P. Lustig, bJ Chief Administrative Officer Niogorcl Foils C cln ° d~,~.~ll~ Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls,on,ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on .ca September 10, 2001 Ed Dujlovic, P. Eng. Director MW-2001-120 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2001-120 Tender #7-2001 Vehicle Replacement Purchases RECOMMENDATION It is recommended that the following bidders be awarded the respective vehicle replacement tenders as follows: 1) Brian Cullen Motors, St. Catharines for one (1) Mid-Size 4-Door Sedan in the amount of $21,874.15, one (1) Panel Cargo Van in the amount of $23,989.00, and one (1) Heavy Duty V-8 Crew C. ab Pickup Truck in the amount of $31,275.40 totalling $77,138.55; 2) Day Ford Lincoln, St. Catharines for four (4) Short Wheelbase Panel Mini-Vans in the amount of $93,582.40, and one (1) 10,000 lb. G.V.W. Single Axle Track with Dual Wheels, Crew Cab and Contractors Box & Hoist in the amount of $45,698.70 totalling $139,281.10; and 3) Ed Learn Ford Sales Ltd.; St. Catharines for two (2) ½-Ton Pickup Trucks in the amount of $43,754.05, and one (1) Heavy Duty ½-Ton Pickup Truck in the amount of $22,742.40 totalling $66,496.45. BACKGROUND Tenders were opened by the Tender Opening Committee on Thursday, August 30, 2001 with the Manager of Supply & Services in attendance. Staff recommends that the tenders be awarded to the bidders as listed on the attached Tender Summary. All meet specifications as outlined in tender documents with the exception of the tender received from Brian Cullen Motors, the low bidder on Item #2, which does not comply with the transmission section of the tender requiring front-wheel drive vehicles, and the tender from Autoland Working Together to Serve Our Community Municipal Works Fire Set'vices Parks, Recreation & Culture Business Development Building & By-Laws MW-2001-120 - 2 - September 10, 2001 Chrysler, the low bidder on Item #6, which does not comply with the heavy duty suspension option listed in the tender. Therefore the second lowest bidders, as outlined in the summary, are recommended for these purchases. Total cost of the 2001 New Equipment Tender is $282,916.10 which includes $23,989.00 for the purchase of a Panel Cargo Van for the Library from the Library budget with the balance of $258,927.10 from the City's budget. Sufficient funds are available in this year's budget to cover the purchase of these vehicles. Council's approval of the recommendation and information contained in this report would be appreciated. Prepare,~py: ~erlr Operations Superintendent jo~~ MaPrOved by: Executive Director of Community Services Director of Municipal Works Respectfully Submitted by: Edward P. Lustig Chief Administrative Officer /gkf attach. h:~eports~mw-2001 - 120 new equip.wpd ZliJ 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.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niag arafalls.on.ca Ed Dujlovic, p. Eng. Director MW-2001-121 September 10, 2001 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2001-121 Tender #8-2001 Tires, Tubes&Repair Service RECOMMENDATION It is recommended that the tender for Tires, Tubes & Repair Service be awarded to the lowest bidder, Demol's Tire Service of Niagara Falls, for the tendered price of$43,219.23. BACKGROUND Tenders for Tires, Tubes & Repair Services were opened by the Tender Opening Committee on Thursday, August 30, 2001 with the Manager of Supply & Services in attendance. A summary of the bidders and their tendered prices is attached. The lowest bid was received from Demol's Tire for $43,219.23. The only other bid received was from Niagara Battery and Tire for $54,899.00. Staff, therefore, recommends the acceptance of the Demol's tender. Council's approval of this report would be appreciated. ~ ~;~gral .h~fio~G°~ud~erintendent Approved by: ~, , Execmive Director Of Community Services Director of Municipal Works Respectfully Submitted by: Ed~w~rd~P ~~/~ Chief Administrative Officer P.Z kf Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws The City of Niagara Falls I - Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca September 10, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Ed Dujlovic, P. Eng. Director MW-2001-60 File 13-180-6 Members: RE: MW-2001-60 2001-2002 Agreement - Corps of Commissionaires School Crossing Guard Coordinator RECOMMENDATIONS: It is recommended that: 1) the Canadian Corps of Commissionalres (Hamilton) continue to provide the services of a School Crossing Guard Coordinator for the period from August 20, 2001 to July 1, 2002; and, 2) Staff be directed to prepare the necessary agreements. BACKGROUND: For many years now, the Canadian Corps of Commissionaires have undertaken the School Crossing Supervisors' duties in the City of Niagara Falls. In July 2000, Council adopted a new School Crossing Guard Policy and Procedures Manual to deal with past hiring problems of having enough guards to cover all the crossings and at the same time improve the school crossing guard operation. The new policy addressed the need to revise the job description for the Supervisor. This new job description includes more interaction with schools and school boards, purchase and distribution of new crossing guard uniforms, preparation of all correspondence, develop and implement new community-based programs, all training aspects (classroom and field), a regular review of the guards and the locations, preliminary assessments of new crossings, etc. These expanded duties have not come into affect as of yet, however, they will be implemented after the acceptance of this new contract. The current contract with Corps expired on December 31, 2000, however, it was extended. The present wage is $10.00 per hour (plus admin, fee and GST). Taking into consideration the expanded role of the School Crossing Guard Coordinator, the Corp of Commissionaires has submitted a quote $12.00 per hour (plus admin, fee and GST). Staff is recommending the acceptance of this quote until the end of the 2002 school year. September 10, 2001 -2- MW~2001-60 Council's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T., Manager of Traffic & Parking Services Director of Municipal Works pproved by: / /John MacDonald,/ {d/ Executive Director of Community Services Respectfully Submitted by: Edward P. Lustig, Chief Administrative Officer K. Dren S:\TRAFFIC~R. EPORTS~2001~2001 Community Services\MW2001-60.wpd Niagara Falls Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafal[s.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca F-2001-58 Ken Burden Director September 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: F-2001-58 - Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totalling $4,899,503.10 for the period ending September 10, 2001. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: K.E. Burden Director of Finance Edward P. Lustig Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services KEB:jd IVorking Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development Corporate Services Department CD-2001-t0 The City of ,~l~ Niagara Fails Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: wwagg@city.niagarafalls.on.ca E.C. Wagg City Clerk September 10, 2001. His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: CD-2001-10 - 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: Correspondence has been submitted by the following organization and has been reviewed and approved by the Parks, Recreation & Culture; Building & Inspections Division; and the Fire Department. Council's concurrence with the Recommendation is requested. Chippawa Villagers Hockey Tournament Sept. 14, 15 & 16, Chippawa 2001 Willoughby Arena E.C. Wagg, City Clerk Respectfully submitted: Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services ECW:lw Working Together to Serve Our Community Clerk's Finance Human Resoumes Information Systems Legal Planning & Development IN THE MATTER o£a Hearing pursuant to the lvfunici£al,4ct and By-law Nos. 1999-164 and 2001-91 AND ]~ THE MATTER, OF e He~fing r~garding Marijana Kovinic Stage 1 Eligibili~ re~luir~me~ts in her application for a Body-Rub Parlour Owner's Licence INDEX Stunma~ of Evidence ............................................................................ Page Sumr~ry of Arguments pres~ted by the parlies .................................... Page Findings of Fac~ ..................................................................................... Page Recommendations of the Committee with reasons therefor ..................... Page Pa~e 1 of 4 1. SUMMARY OF EVIDENCE Application for Body-Rub Parlour Owner's License ofMarijana Kovinic dated January 5, 2001; Copy of letter from Niagara Regional Police $~vice, dated March 1, 2001; Copy of letter from the City Clark, dated April Iit, 2001; Copy of lesse betwe~m lihad Malak and Marijana Kovinic. dated July 14, 2000; Copy of amended lea~e between r~ad Mal~ sad Marijsaa Kovi~ic, dated July 14, 2000; Copy of letter from Graydon Sheppard, representing Zika Kovinic, to Malcolm Graham, representing lihad Malaki Copy of Agreement of Purchs*e sad Sale between purchaser Zilm Kovinic, in trust, and vendor, llhad l~l.lr, dated June 30, 2001; Statements of Mr. Ray Kallio, solicitor for the City of Niagara Fails; Statemeats of Mr, Luigi De. Lisio, solicitor for IVauij.~. Kovi~ic; Testimony o£Ms, Marijalla Kovinic. Pagc 2 of 4 SUMMARY OF ARGUMENTS PRES]~NTED BY THE PARTIES Mr. Kallio for the City o£Nia~ara Fall~ Mr. Kaliio, as solicitor for thc City of N'msara Fells, tiaras that the Stage 1 application of Ms. Kovinic cs~not proceed because the lease which she submitted as part of her application for a Body-Rub Parlous Owner's Licence, dated lanuary $, 2001, was not in compli=nce with Section I1 (1) b o£By-Law 99-164. This section requires sumbission of a copy of the lense or any other document creatln~ or affecting the legal relationship between the applicant and the reglstcred owner of the property. b. The copy of the lease submitted by Ms. Kovinlc on ~'anuary 5, 2001, had expired on lanuary 4, 2001. c. Subsequently, Ms. Kovinic submitted the same lease as above, with the tefra changed, and to run fi.om Februm~ 1, 2001 to May 31, 2001. d. Mr. Kailio, on behalf of the City of Ni&gera Falls, claims that neither the expired l~ase nor thc arn~llded lease fulfil the require~ent$ of the By-Law. The first by virtue ofbe~g expired was void and therefore unacceptable. The second was unacceptable because the term of the lease was for only 4 months, while the term of the license was for I year. The applicant did not demonstrate that she had valid title to the property for the iicendng period. e. Furthermore, there is nothing in law or in faa to indicate that Ms. Kovinic had any interest in the land exoept for the periods deschhed in the lease, which did not correspond to the teim of the license. f. According to Section 11 (1) (b) o£the By-Law, there is no legel right to use thc property because the term bad expired. g. The terms~of the lease were also in doubt because Ma, ICovini¢ claimed in her testimony to have paid the landlord $1,350.00 monthly, and not the $2,000.00 monthly prescribed in the lease document. Page 3 of 4 II Mr. DeLisio for Marljaaa Koviaic a. MI'. De, Lisio argued that Ms. Kovinic's teasncy continued on a month-to-month basis after the term of the lease had expired, and that this was sufficient to comply with Section 11 (1) (b) oFthe By-Law. FINDINGS OF FACT a. No evidence was submitted to the Comm;ttee tO prove that Ms. I(ovinic had title to the property. RECOMMENDATIONS OF COMlVil'rl'~ WITH REASONS THEREFOR,: a. The Committee finds that Ms. Kovinic did not comply with Section I 1 (1) (b) of the By-Law because she did not prove that she had legal title to the property for the duration of the term of the license. b. The Committee recommends that Council direct the Clerk not to proceed with processing the application unl~s and until: i. Ms. Kovinic provides do~tunentation on or before 4:30 p.m on the eleventh day of October, 2001, that she is either the owna' or tenant of thc property, failin~ which the application ~ not be processed,.; /i. Such do~unan~afion must oomply with Section 11 (1) (b) of the By-Law, -and must be a~ceptable to the Clerk of the City of K~ara Falls. Pai¢ 4 of 4 Alderman Art Federow Ald~rraan Cr~y H~nder~h~t Alderman ~(arolyun Ioannoni Alderman Sdina Volpatti (Chair) Niagara Falls 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 rafalls.on.ca His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-50, Declare Surplus and Authorize a Land Exchange of the Closed Portion of Laneway at the Rear of Chalet Motor Inn on McGrail Avenue R.O. Kallio City Solicitor L-2001-50 September 10, 2001 RECOMMENDATION: That the closed portion ora laneway on registered Plan No. 291 designated as Part 1 on Reference Plan No. 59R-11000, located at the rear of Chalet Motor Inn, be declared surplus and that a land exchange be authorized. BACKGROUND: In accordance with Council's direction, a portion of the unopened laneway located at the rear of Chalet Motor Inn was closed by Judge's Order on May 2, 2001, on consent of abutting owners. Typically narrow laneways, such as this, that separate rear yards in older neighbourhoods of the City have been closed at the request of abutting owners and conveyed to them for nominal consideration plus any costs incurred to do so. Chalet Motor Inn is the only abutting owner interested in acquiring the property to add to its holdings, currently under building expansion. A reference plan has already been prepared at the applicant's expense. A copy of the plan is attached hereto. Working Together to Serve Our CommuniO~ Clerk's Finance Human Resources Information Systems Legal Planning & Development L-2001-50 - 2 - September 10, 2001 Staff is recommending the applicant provide the City with a five foot road widening along the fi'ontage of its property on McGrail Avenue, at no cost to the City, in exchange for the closed portion of the laneway abutting its land to the rear. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. Rec~~d by: R.O/. Kallio, City Solicitor. Respectfully Submitted: ~ ~w~d p.~L~,,~/~ Chief Administrative Officer. Mc6RAIL PiN H52e]6'£ IReference Bearingl 10 (ence 127 The City of Niagara Falls 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: rkalfio@city.niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-51, Repeal By-law to Exempt Land from Part Lot Control 6510 & 6520 Barker Street Lots 112, 113 & 114 Plan No. 64 R.O. Kallio City Solicitor L-2001-51 September 10, 2001 RECOMMENDATION: That Bylaw No. 2001-87, to designate Lots 112, 113 and 114 on registered Plan No. 64 not to be subject to part lot control, be repealed. BACKGROUND: On April 30, 2001 Council passed By-law No. 2001-87 designating Lots 112, 113 and 114 on registered Plan No. 64 not to be subject to part lot control. The solicitor for the owners of 6510 and 6520 Barker Street confirms that the transfers were registered to separate the subject properties. As a result, Council may now repeal the by-law to prevent any unauthorized division of the subject lands. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Tony Ravanda, Executive Director of Corporate Services. m,ded by: City Solicitor. Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal · Planning & Development Corporate Services Department Niogora Foils 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-200'1-$2 September 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-52, Aiello Agreement with the City Building Permit-Testamentary Devise Part 9 on Reference Plan No. 59R-7428-Morris Road Hodkin Agreement with the City Building Permit - Testamentary Devise Part 16 on Reference Plan No. 59R-7414-Detenbeck Road Our File Nos.: 2001-208, 2001-206 RECOMMENDATION: l. That Council authorize an Agreement dated August 22, 2001 between Antonio Aiello and the City regarding application for a Building Permit. 2. That Council authorize an Agreement dated August 20, 2001 between Mark Hodkin and Kelly Hodkin and the City regarding application for a Building Permit. BACKGROUND: 1. Antonio Aiello is the owner of part of Lot 6 Concession 7, in the former Township of Crowland, now in the City of Niagara Falls designated as Part 9 on Reference Plan No. 59R-7428 and shown in heavy outline on the plan attached. The subject parcel was created under testamentary devise by the Last Will and Testament of Helen Preston. 2. Mark Hodkin and Kelly Hodkin are the owners of part of Lot 10 Concession 2 in the former Township of Willoughby now in the City of Niagara Falls designated as Part 16 on Reference Plan No. 59R-7414 and shown in heavy outline on the plan attached. The subject parcel was created under testamentary devise by the Last Will and Testament of Walter Olszewski. Working Together to Serve Our Community Cle~k's Finance Human Resources Information Systems Legal · Planning & Development L-2001-$2 - 2 - September 10, 2001 Pursuant to City policy, respecting lots created in this manner, any person or persons making application to the City for a building permit is required to enter into an agreement with the City to ensure that no building permit would be issued until such time as certain requirements are met. The agreement not only binds the owner of the subject land but also their respective heirs, executors, administrators, successors and assigns and assigns in title. In exchange for meeting the requirements described in the Agreement, a building permit would be granted to the owner of the subject lands. Staff reviewed the requests and has determined that an agreement between each of the parties and the City would be appropriate to adequately protect the City. Prepared by: S.M. Daniels, A.M.C.'i'. Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. d by: City Solicitor. Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer. ROn D -~ 1430~, PA'IRT ~o PA IRT 2 z ,.'°"'°° "14~¥~ -- ,o,,.oo ~~ PA E~ T ~- 14~ PAR T 5 ~ 14{F~ PAR T 6 o ,,, ~ }44Jg PAR T 7 ~J~6 PAR T 8 j~O~ PA R T 9 /~5o PA R T I 0 PAIRT II , /VOl5 ~3/V03 Corporate Services Department The City of ~l~l~. Ni=gor= F=,s lJ E_ Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 35§-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2001-54 September 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-54, Authorization to Proceed with the Closing of a Laneway Between Leader Lane and Ferguson Street Our File No.: 2001-130 RECOMMENDATION: That staff be authorized to proceed with the closing of the southerly 150 feet ofa laneway located between Leader Lane and Ferguson Street. REPORT: The subject laneway is 16 feet in width and is located at the rear of homes fronting on Victoria Avenue and Acheson Street between Leader Lane and Ferguson Street. It is shown in heavy outline on the plan attached. In the past, it has been the City's policy to authorize the closing and conveyance of laneways in this area only if all of the laneway could be conveyed to the abutting owners, at no cost to the City. This would eliminate the problem of landlocked portions of the laneway being retained by the City. In 1993 a request was made to close this laneway. Since many of the abutting owners were unwilling to share in the cost to close and convey the laneway, the request was denied. Earlier this year the same request was made. We received 9 replies in favour of closing and purchasing the laneway. Responses have been noted on the plan attached. Since not all of the owners are in agreement staffcannot recommend the closing and conveyance of the entire laneway. The owners at the most southerly end of the laneway have requested that the City consider closing and conveying only the most southerly 150 feet of the laneway. For maintenance purposes, the City could still Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development L-2001-54 - 2 - September 10, 2001 access the remainder of the laneway from Leader Lane. Staff would have no objection to closing this portion of the laneway. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. Re.~ded by: City Solicitor. Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer. Corporate Services Department Niagara Falls Can~J~' 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-$5 September 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-55, Closing and Declaring Surplus Part of Graham Street Designated as Parts 8 and 9 on Reference Plan No. 59R-11438 Our File No.: 2001-177 RECOMMENDATION: That the portion of Graham Street, described as Parts 8 and 9 on Reference plan No. 59R- 11438, be stopped up and closed. That the said Parts 8 and 9, so closed, be declared surplus and that the said Parts be conveyed to the abutting owner, for nominal consideration plus costs. BACKGROUND: At its meeting of June 11, 2001 Council approved a resolution authorizing staffto proceed with the closing of a portion of Graham Street designated as Parts 8 and 9 on Reference Plan No. 59R- 11438. The subject parts are shown in heavy outline on the plan attached. In accordance with the MunicipalAct, notice of Council's intention to pass a by-law closing that part of the road allowance was published in the issues of the Niagara Falls Review for August 18t~, 25th and September 1 st and 10t~, 2001. The notice states that any person who claims that his/her land will be prejudicially affected by closing the subject portion of the road allowance and who applies to be heard, will be heard by Council at this meeting. At the time of writing this report no one has applied to be heard. L-2001-$5 - 2 - September 10, 2001 Parts 8 and 9 on Reference Plan No. 59R-11438 were once part of a one foot reserve separating Graham Street from adjacent lands. Since the abutting owner now owns the property on either side of Parts 8 and 9, Staffrecommends the Parts be conveyed to the abutting owner, 1006057 Ontario Limited, for nominal consideration plus costs so that the abutting owner may proceed with plans to develop adjacent lands. Prepared by: Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. Re .~K~l~ded by: City Solicitor. Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Developmenf _jbJ (D © BADGER RD NAS- RULLAH PROPERTY CREB GRAH AM ST. Corporate Services Department Legal Services 4310 Queen Street P.O, Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca R.O, Kaltlo City Solicitor L-2001- 56 September 10, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-56 Body-Rub Parlour By-law Amendments Our File No. 1996-19 RECOMMENDATION: That the attached By-law amending the Body-mb Parlour By-law No. 99-164, as amended, be passed later in this meeting. BACKGROUND: The attached draft Body-mb Parlour By-law amendment will do the following: Clarifies that whether or not a person is licensed under the Body-Rub Parlour By-law, any business activity in a Body-Rub premise must comply with provisions of the By-law [60 (1)]; Clarifies that Body-Rubbers may only perform Body-Rubs in a Body-Rub Parlour of which an Owner and any Operator or Manager are licenced under the By-law [60 (2)] Clerk's Clarifies that an Operator, Manager or Body-Rubber may not car~ on any business, perform or solicit a body-mb in a premises other than one in which the Owner and any Operator or Manager are licenced under the By-law [60 (3)]; and Working Together to Serve Our CommuniO~ Finance · Human Resources Information Systems · Legal Planning & Development -2- Contravention of this section may result in a suspension or revocation hearing before Council and the person's licence may be suspended by the Clerk pending such hearing [60 (4)]; Form 1 for an Application for a Body-Rub Parlour Owner's licence is amended to provide that it is an offence to leave relevant information out of the Application, as well as a statement that no one other than those listed in the Ownership particulars have an interest in the Body-Rub Parlour Owner's licence [Form 1]; Corrects a typographical error with respect to section 52 a (2) by adding the letter "s" after the word "receive" in that subsection [52 a (2)]; Two Body-Rub Parlour Owner's licences have now been issued at 8860 Lundy's Lane (Sensations) Humberto Varela and 8720 Lundy's Lane (Deja Vu Studio) Dejan Kovinic. ~.O~. Ka~ed by: City Solicitor. Approved by: T. Ravanda, Executive Director of Corporate Services ROK:mm Respectfully submitted: Edward P. Lustig '~ Chief Administrative Officer . -3- CITY OF NIAGARA FALLS By-law No. 2001- being a by-law to amend By-law No. 99-164, as amended, being a by-law to provide for the licensing, regulating and inspection of body-mb parlours, owners, managers and operators of body- mb parlours and body robbers at body-mb parlours. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Subsection 2 of section 52 a, of By-law No. 99-164, as amended, is amended by deleting the word "receive" and substituting "receives" so that the subsection now reads as follows: "52a (2) An Applicant who receives notice:" 2. By-law No. 99-164, as amended, is amended by adding the following section: "60. (1) Every person required to be licensed under this By-law shall comply with the provisions of this By-law in respect of the carrying on of any business or business activity to which this By-law relates, whether or not such person has obtained the required licence. (2) A licence issued under this By-law to a body-robber authorizes such person to perform one or more body-mbs only in a body-mb parlour in respect of which the owner and any operator or manager, respectively, are licensed as such under this By-law. (3) No person licensed under this By-law as an operator, manager or a body- robber shall carry on any business or occupation, or perform, offer or solicit a body-mb, in any premises other than in respect of which the owner and any operator or manager respectively, are licensed as such under this By-law. (4) In addition to any other grounds for the refusal, revocation or suspension of a licence under this By-law, any person found to be contravening subsection (3) may, in addition to being charged with an offence under this By-law, be required to attend before the Council at a heating to determine whether or not such person's licence should be suspended or revoked, and the Clerk may suspend such person's licence pending such hearing. -4- Form 1 of By-law No. 99-164, as amended, is repealed and Form 1 attached to this By-law shall form part of By-law No. 99-164, as amended. Forms 4,5 and 6 attached to By-law No. 99-164, as amended, shall form part of By-law No. 99-164, as amended. Passed this day of ,2001 E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: Second Reading: Third Reading: ,2001. ,2001. ,2001. -5- FORM 1 THE CORPORATION OF THE CITY OF NIAGARA FALLS APPLICATION FOR BODY-RUB PARLOUR OWNER'S LICENCE INITIAL APPLICATION RENEWAL PROPOSED BUSINESS OPERATING NAME PROPOSED BUSINESS LOCATION PROPRIETORSHIP NAME ADDRESS POSTAL CODE TELEPHONE PRIOR ADDRESS DATE OF BIRTH PARTNERSHIP PARTNERSHIP NAME ADDRESS POSTAL CODE_ TELEPHONE ADDRESS OF PRINCIPAL PLACE OF BUSINESS -6- PARTICULARS RE: PARTNERS Name Address Percentage Interest Date Became Date of Partner Birth = CORPORATION CORPORATION NAME HEAD OFFICE ADDRESS POSTAL CODE TELEPHONE PARTICULARS RE: SHAREHOLDERS Percentage Date Became Date of Name Address Interest Partner Birth -7- PARTICULARS RE: DIRECTORS Percentage Date Became Date of Name Address Interest Partner Birth PARTICULARS RE: OFFICERS Percentage Date Became Date of Name Address Interest Partner Birth (a) Name of Owner of the building, premises or place upon, in or from which the business is to be carried on pursuant to the licence applied for. (b) Has the Owner provided written consent to the use of the property as a Body-rub Parlour? Attach consent from Owner in Form 5. (c) Does the Owner of the property have an interest in the Body-rub Parlour Owner's Licence being applied for? Attach statement from Owner in Form 5. -8- Has the Applicant, or any partner, shareholder and/or officer or director thereof ever applied for and been refused a licence for a body- rub parlour or after receiving such a licence, had same suspended or revoked? If so, list details. Has the Applicant, any partner, shareholder and/or officer or director thereof ever been convicted of contravening any provision in a Municipal By-law dealing with the licencing, regulation and enforcement of body-rub parlours? If so, list details. Has the Applicant in the case of a proprietorship, or any partner in the case of a partnership, or any director, shareholder or officer in the case of a corporation, ever been convicted of an offence under the Criminal Code of Canada? If so, list details Attach Police Certificate from Niagara Regional Police Service or other accredited Police Service. Has the Applicant in the case of a proprietorship, or any partner in the case of a partnership, or any director, shareholder or officer in the case of a corporation, ever been convicted of an offence under 7-he Narcot/c Contro/ Act or The Food and Drug Act. If so, list details Attach Police Certificate from Niagara Regional Police Service or other accredited Police Service. The following is a list of all Operators and Body-rubbers employed by or performing services in this Body-rub parlour: (A) OPERATORS: NAME ADDRESS BIRTHDATE (B) BODY-RUBBERS: NAME ADDRESS BIRTHDATE DECLARATION I, , hereby certify that all information contained on this application form is true and I understand that making a false statement in this application could result in the refusal of the Issuer to issue a licence or result in a suspension or revocation of a licence at a later date. I hereby authorize the Niagara Regional Police Service or other accredited Police Service to release to The Corporation of the City of Niagara Falls any and all particulars of my criminal record for the purposes of the issuance, refusal or revocation of this licence. In consideration of the release of the information by the Niagara Regional Police Service or other accredited Police Service, I hereby release and forever discharge the Niagara Regional Police Service or other accredited Police Service and the Municipality and all members for damages or for loss of injury arising out of the release of information relating to my criminal record which may hereinafter be sustained by me. -10- I hereby authorize the Clerk of The Corporation of the City of Niagara Falls and/or any agents, serYants or employees of the Municipality to conduct periodic inspections of the premises which is the subject of this application. I hereby authorize the Clerk of The Corporation of the City of Niagara Falls and/or any agents, servants or employees of the Municipality to seek information and conduct an investigation into the truth of the statements set forth in this application. All particulars with respect to ownership information are complete and there have been no omissions, incomplete information or misleading information. I certify the above information to be true and complete to the best of my knowledge, information and belief. DATF SIGNED Application approved by: Appl. No. Licence No. Date Issued