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Additions 2009/08/31ADDITIONS TO COUNCIL, MONDAY, AUGUST 31, 2009 Niagara Falls Thundercats team will be rescheduled for the September 28~h meeting. PLANNING MATTERS PD-2009-65 - AM-2009-015, Dunn Street (North Side) -Opposite Ailanthus Avenue Applicant: Pinewood Homes Ltd. (Tara Colaneri) Proposed 5 to 6 Storey, 56 Unit Apartment Building a) Correspondence from Russell Brownlee of Griffin Koerth ( Safety Impact Study ) REPORTS 1. NOTE: L-2009-36 -McLeod Road Cost Sharing Agreement is being pulled. ~ fe(aiPd by-IOw abo~-Itfb BY-LAW Copy of By-law 2009-142 A by-law to amend By-law No. 79-200 to permit the construction of a 5 to 6 storey, 56 unit apartment building with reduced landscaping and parking. (AM-2009-015) 2.. Additional By-law 2009-144 A by-law to amend By-law No. 2002081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. Misc. 1. Councillor Wing has requested that this by-law be distributed. By-law 78-70 - A by-law to designate the Oswald Residence at 2922 St. Paul Avenue of architectural value and of historic interest. _.. __ . _ (8/27/2009) Dean lorfida-Nia ara,Thundercats -- _. page 1„ From: Jennifer Manning To: Dean Io~da Date: 8/27/2009 3:37 PM Subject: Niagara Thundercats CC: Cathy Crabber Lori Albanese I just spoke with Dave Alexander and they need to reschedule the presentation. The Head Coach is on vacation for the next 2 weeks (he wasn't aware). Would it be possible to place this on September 28 Council agenda? He sends his apologizes and hopes this won't be a problem. ]ennifer yiVS t..4T F t) c F N S: G$ Giffin Kner#h Inc. Mr. Emilio Raimondo Raimondo & Associates Architects Inc. 4687 Queen Street, Studio 2 Niagara Falls, ON L2E 2L9 August 26, 2009 Dear Mr. Faimondo: Ret Safe#y Impact Study Dunn Street Condominiums, Niagara Falis, Ontario Our File: 90538RGB Date of Loss: June 23, 2009 On August 18'h, 2009 we received a-mail comments from the City of Niagara Falis relating to our July 10, 2009. safety impact report-for the subject development. Provided below is a response to these comments for your considerations. Driveway Access 5781 and 5&36 Dunn Stree# Driveway Soacin The east development driveway is located approximately 14.5 meters west of the properly line and in dose proximity tcthe existing driveway at 5781 Dunn Street. Motorists travelling tc/from the existing and planned driveways will have clear sight lines to one another. The driveway curb radii to 5781 Dunn Street are not standard and appear to be skewed to the west. Upon redevelopment or in association wfth other roadwork, this driveway should be reconstructed to provide proper curb radii. The open frontage driveway with perpendicular parking at 5836 Dunn Street is not ideal, but based. on visual observations during peak periods, functions relatively well under existing conditions. It is a low turnover parking Area. £;om;>~itc:r rotesi~si~~~; giffittkaerth.eam Unsignalized Control Under unsignalized control, we do not foresee any operational or safety issues associated with the interaction with existing and planned driveways. Signalized Control Under traffic signal control two potential issues arise. Firstly, access to 5781 Dunn Street will be located in the functional area of the intersection. With westbound vehicles queued at the intersection, eastbound vehicles will be challenged to enter the 5781 Dunn Street driveway. In most likelihood, the eastbound left turn #o the driveway would need to be restricted should the City pursue traffic signal control. This would be the case regardless of the development proposal and the configuration of the signalized intersection. Likewise the current access to 5836 Dunn Street is open frontage with perpendicular parking with direc# access to the functional area of the intersection. Should the City pursue traffic signal control at the intersection, regardless of the configuration, access to the private parking area should be modified. This modification will result in a reduction of available parking. As traffic volumes increase on Dunn Street and at the Ailanthus Avenue intersection, the functionality of perpendicular parking will be compromised during the peak hours, regardless of traffic control or the subject development. Pedestrian Facilities Under stop control conditions, pedestrian crossings of Dunn Street at Ailanthus Avenue cannot be legally marked without some form of traffic control. Under the existing conditions, it is recommended that the existing sidewalk treatment along the frontage of the building be generally maintained, The sidewalk is carried through the private driveways, which helps to give some priority to the pedestrians, Under traffic signal control and the intersection configuration recrommended in our report, pedestrian crosswalks should be provided on three sides of the intersection until such time as the property at 5836 Dunn Street Is redeveloped. Crosswalks would be provided on the north, south and west legs as shown in the revised concept drawing. The west driveway would continue to have the sidewalk carried through to designate priority. This scenario will provide a controlled pedestrian crossing of Dunn Street; an improvement from the existing conditions. If the property at 5838 Dunn Street is redeveloped, the City and the owner should pursue a standard driveway access and a proper pedestrian waiting area on the east side of the intersection. At that time, it would be suitable to provide a pedestrian crossing on the east side. gifflnkoerth.com Safety RFsks -Dunn Street Condominium Access Our July 10, 2009 report concluded in part with the following: "The proposed driveway access to the Dunn Street Condominium development opposite Ailanthus Avenue wid not create a subsfantlal satety risk under current traff/c control (unsignalized) in the foreseeable future." The City requested a clarifFcation as to what safety risks are associated with the driveway access propasat. Typical and dominant conflicts at private driveway accesses involve rear end collisions associated with stow or stopped vehicles turning from the main road and left turn conflicts exiting the driveway. With every transportation facility there are associated safety risks and collision potential. There is a certain level of safety risk and "expected" collision frequency regardless of the design or operations of the transportation facility Including private driveway accesses. As indicated in our July 1©, 2009 report; the presence of dlreGz access, closely spaced driveways and(or accesses Fn the functional area of intersections would not ba beyond driver expectation on Dunn Street now or into the foreseeable future.. Based on our field observations, motorists travelling toifrom Ailanthus Avenue, the two site dnvaways and the existing driveways at 5781 and 6E36 Dunn Street will have-adequate visibility to observe arrd react to the other mdtdrisfs actions. The design and operations of the proposed driveways will create additional conflict along Dunn Street; however, not beyond what would 6e expected eta residential driveway on a collector or minor arterial roadway with direct frontago. I trust the above addresses the City's concerns. If you have any questions relating to this response, please do not hesFtate to contact me. Sincerely, Russell Brownlee, B.Sc., M.A.Sc., FITS, P. Eng. gifflrtkoerth.eom a~~~! i _ ~ f ' ~ ~N ~~~ ' 6 ~ ~ ~ ~~ ~ I~,~, 3$=sa~~ "~ ~ ~ ~ iA `o€a . a°s~~ ~ p gg S a ~ g ~ ~ ' _ V p~yei ~ 3~ ~ Y = y u p p ° °£ j tl k ~ CITY OF NIAGARA FALLS By-law No. 2009 - A by-law to amend By-law No. 79-200, to permit the construction of a 5 to 6 storey apartment dwelling subject to specific building setbacks, height, parking and landscaping regulations. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: The Lands that are the subject of and affected by the provisions ofthis by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule is a part of this by-law. 2. The purpose ofthis by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision ofthis by-law and any existing provision of By- law No. 79-200, the provisions ofthis by-law are to prevail. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be the uses permitted by the RSC zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area the whole of the Lands, save and except for any part that may be required to be dedicated for the purpose of road widening (b) Minimum front yard depth (i) for any portion of the apartment dwelling that is 5 storeys or less 13 metres (ii} for any portion of the apartment dwelling that is 6 storeys 20 metres (c) Maximum building height (i) for any portion of the apartment dwelling that is 5 storeys or less 16 metres (ii) for any portion of the apartment dwelling that is 6 storeys 19 metres -2- (d) Minimum number of parking spaces (e) Minimum perpendicular width of manoeuvring aisle adjacent to parking spaces with an angle more than 60 degrees up to 90 degrees to the manoeuvring aisle (f) Minimum landscaped open space 1.25 parking spaces for each dwelling unit 6.1 metres 35% of the lot area and 60% of the required front yard (g) The balance of regulations specified for an RSC use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this By-law shall be shown on Sheet CS of Schedule "A" of By-law No. 79-200 by redesignating the Lands from I to RSC and numbered 882. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.882 Refer to By-law No. 2009- Passed this thirty-first day of August, 2009. ........................................................ DEAN IORFIDA, CITY CLERK First Reading: Second Reading: Third Reading: August 31, 2009 August 31, 2009 August 31, 2009 ....................................................... R. T. (TED) SALCI, MAYOR S:~ZON MGWv1S~2009\B Y-LA W S1Byam015.wpd SCHEDULE 1 TO BY-LAW No. 2009 Subject Land DIXON ST rn r 65.5 m m 5 0~0 :p w 3 3 882 65.50 m pUNN ST z ~. rn Amending Zoning By-law No. 79-200 Description: Part 1, Reference Plan 59R-6066 Applicant: Pinewood Homes (Tara) Ltd Assessment #: 2725070003D5310 K:\GIS_Reques[s\2009\Schedules\ZoningAMlgM-15\mapping.map N s 1:NT5 AM-2009-015 August 2009 CITY OF NIAGARA FALLS By-law No. 2009 - A by-law to .amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 2002-081 is amended by deleting Schedule "D1"and Schedule "D1" attached hereto shall be inserted in lieu thereof. 2. That By-law 2009- 44 be hereby repealed. Passed this thirty-first day of August, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: August 31, 2009. 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