Additions 2010/06/14ADDITIONS TO COUNCIL, MONDAY, JUNE 14, 2010
COMMUNITY SERVICES
1. RE: CD- 2010 -05 - Chippawa Boat Dock
Correspondence from Scott McLean, Acting Superintendent, Niagara Regional Police
2. Re: TS- 2010 -32 - Tourist Area Parking Demand Study
Requests for Deferral from Italia Gilberi, Broderick & Partners and Rocco Vacca, Sullivan
Mahoney
3. Re: RC- 2010 -13 - Swimming Pool Fees 2010
Request for deferral from Cathy Slee, President CUPE Local 133
COUNCIL
PRESENTATIONS
1. Presentation by Niagara Falls Soccer Club will be deferred until June 28 2010.
1. Re: PD- 2010 -47
a) Proposed Group Home frtom Fitscare Supported Living Inc.
b) Email from Paul Pingue c/o Marianna Candeloro, 5815 Temperance Avenue_
2. Re: PD- 2010 -46, Growth Plan Conformity
a) Correspondence from Jean Grandoni
b) Correspondence from Thomson Rogers
BY -LAWS
1. Re: By -taw 2010 -82
a) Revised Page 5 for By -law
2. Re: By -law 2010 -84
a) Schedule "C" will also include the name Ron Drayton
COUNCIL INFORMATION
1. GTA Corridor Planning & EA Study Public Information Centre, June 17
2. Region Committee of the Whole re: Inter- Municipal Transit, June 23
3. Invitation to opening of a Keefer Developments Project, June 28 @ 9:30 a.m.
. bb /14/201b unirrr-4wrz ruut�rr, ra.
May 20, 2010
Niagara Pails City Courzcil
4300 Queen Street
Niagara :Falls, ON L2E 6X5
L71 ".d -r
/S
Scott McLean
Acting Superintendent
Eastern Region
cc: Sergeant ban Tibbs
File
Niagara Regional Police Service
68 Church St., St. Catharines, Ontario, Canada L2R 8C6
Tc(. (905) 6884111 Fax. (905) 685 -5081
www.nrps.corn nrps @nrps.com
Chief of Police Wendy E. Southall
Dear Members of City Council:
Re: Chippawa Community Docks
I have recently been advised that the presence of the dock along the shoreline of the 'Welland River,
in front of the Riverside Tavern, in Chippawa, has been thestibject of considerable debate. As you
move forward on this topic, I am pleased to provide the following information.
The area in question falls within the jurisdiction of 2 District of the Niagara Regional Police Service.
As such, we are responsible for responding to and investigating incidents that occur in close
proxiniityto where the docks were previouslylocated.
I am totally cognizant of the difficulties encountered when substantial change is recommended for
access to long - standing community recreational facilities. In this case; regardless of the outcome of
your discussions, the Service will continue to provide professional response to all situations arising
in the Chippawa area and will be supportive of any initiative deemed appropriate by your merribers.
As always, our first priority is the safety and security of all residents and tourists to Niagara Falls and
the surrounding communities. ,
I wish you the best of luck in developing a positive solution to this issue.
Sincerely,
Port Erie • Grimsby • Lincoln • Niagara Falls • Niagara -On- the -Lake • 'Pelham
Port Colborne 4. St. Catharines • Thorold • Wainfleet • Welland • West Lincolh
(6/14/2010) Dean Iodide - FW: Meeting Notice Tourist Area Parking Demand Study
From:
To:
CC:
Date:
Subject:
Attachments:
Mayor Salci and All Councillors:
"Italia Gilberti" < Gilberti @broderickpartners.com>
'Ted Salci" <tsalci @niagarafalls.ca >, "Jim Diodati" <jdiodati @niagarafal...
"Sue McDowell" <suemcdowell @fallsviewbia.com >, "Rocky Vacca" <rvacca @sul...
6/14/2010 12:13 PM
FW: Meeting Notice - Tourist Area Parking Demand Study
Tourist Area Parking Demand Study Report.pdf
While I was on vacation last Thursday afternoon, I received the email
below from Ms. Janet Berry. Unfortunately, I was on a cruise and this
email was received on my blackberry, and I had difficulty opening same
and therefore could not be made aware of the date and time of meeting.
I did reply to Ms. Berry and ask her to advise me of the meeting date
and time. As I did not receive a reply from her, I immediately emailed
my assistant and asked her to contact Ms. Berry to obtain information
about the date and time of this meeting.
Much to my dismay, I was advised late Friday afternoon (while still on a
cruise) that this meeting was scheduled for today. I also asked my
assistant to contact Mr. Rocky Vacca, who has also represents other
stakeholders, to ask if he knew about the meeting. He was unaware and
in fact, while speaking to him this morning, he only received notice
this morning.
While I was away, I also asked my assistant to contact Mr. Bryce to
request a reply to my email to him and Ms. Marzenna Carrick from April
8th, 2010. I spoke with Mr. Bryce this morning, who advised me that he
was unaware that the meeting was scheduled for today, and he did not yet
have an appropriate reply to the matters raised in my email of April
8th, 2010, however, these matters could be addressed later through the
zoning /planning process.
Considering that this matter has been ongoing for over one year, I think
that it is unfair to have this matter discussed today at 4:00 at the
Corporate Services Committee Meeting given that an appropriate notice
was NOT provided to the many stakeholders who have a vested interest in
this matter. I just arrived back in town last night, and have not yet
been able to reach Ms. McDowell to obtain instructions, and therefore, I
am kindly asking that this matter be deferred at least until the next
meeting.
thank you for your prompt attention, however, given the short time
constraints that were imposed upon me, it was necessary to send this
email to all of you.
Thank you,
Italia Gilberti
- - -- Original Message
From: Janet Berry [mailto:jberry@niagarafalls.ca]
Sent: Thursday, June 10, 2010 3:32 PM
To: jjohnson @airdberlis.com; Jane Pepino; Ed Lustig; Italia Gilberti;
Harry Oakes; Sue McDowell; michae ld @niagarafalishotels.com; Frank
(6/14/2010) Dean Iorfida - RE:Tourist Area Parking Demand Study - TS- 2010 -32 Page 1
From: "Rocky Vacca" <rvacca @sullivan - mahoney.com>
To: "Janet Berry' <jberry@niagarafalls.ca >, <mtikky @niagarafalls.ca >, <ciaon...
CC: "Dean lorfida" <diorfida @niagarafalls.ca >, < mlewis @niagara21stgroup.com >...
Date: 6/14/2010 12:18 PM
Subject: RE:Tourist Area Parking Demand Study - TS- 2010 -32
Chair loannoni,
Please be advised that I am not available to attend this afternoon's
meeting on behalf of my clients Niagara 21st Group Inc, Hoco Limited and
the Burland Group of Companies nor have I had the opportunity to consult
with my clients.
I am requesting that the Committee's consideration of the Tourist Area
Parking Demand Study be deferred for the following reasons:
1. That I was given notice of the meeting and a copy of the Report for
the first time this morning at 9:18am. I am unable to clear my schedule
on such short notice;
2. That the Planning Department has not provided its comments and
opinions since the April 7, 2010 on the matters noted at paragraph 5 of
my April 16th letter attached to the Report and noted in Ms. Gilberti's
e -mail dated April 4, 2010 attached to the Report. It was understood
that this matter would not proceed until the Planning Department
provided its comments;
3. That the Report has failed to provide any justification or reasons
for treating all hotels the same in respect of allowing a maximum of 2
bus parking space credits regardless of the number of rooms in the
hotel;
4. That the elimination of parking demand studies in the future for
surveyed land uses effectively cements the proposed rates for 5 years
even though in all cases the recommended parking rates are substantially
higher than recently approved site specific rates through parking demand
studies (i.e. Dave & Buster's) and will effectively eliminate the
possibility of parking exemptions even though Council has recently
approved exemptions (Victoria Avenue Plaza and Antica Pizzeria). The end
result is inequity and perhaps a hindrance to new businesses who cannot
meet the current parking rates and have no opportunity to justify lower
rates through their own parking demand study leaving cash -in -lieu as the
only option. It is suggested that the City's legal department consider
whether this provision is legal in that it prohibits any party from
applying for a zoning by -law amendment or minor variance of the parking
by -law provisions which is otherwise permitted for all other by -law
provisions leaving a cash payment in lieu of parking to the City as the
only option instead.
Thank you in advance for your time and consideration.
Regards,
Rocco (Rocky) Vacca
Partner
Sullivan Mahoney LLP
(6/14/2010) Dean lorfida - Report R & C 2010 -13 Swimming Pool Fees 2010 Page 1
From: Cathy Slee
To: Carolynn Ioannoni,Janice Wing,Wayne Thomson,Victor Pietrangelo,Vince Ker...
CC: Jim Cranfield,Selene Tudini,Gloria Moore,David Rodgers,vhouston @cupe.ca,...
Date: 6/14/2010 11:31 AM
Subject: Report R & C 2010 -13 Swimming Pool Fees 2010
Mayor and Members of Council:
The union is in receipt of the Council report noted above, which we oppose the facts as outlined with
respect to the cost of operations of the Pools and relationship to the payment of wages of the Pool
Attendants.
The union disputes elimination of the Pool Attendant positions, we feel these are necessary positions and
will lead to many problems within the section and leaves the City open to issues of safety of the members
of the public as well. There is more to the Pool Attendants than just taking in the coin and it is not
satisfactory in our view to leave this on the Lifeguards.
We have a Collective Agreement which allows for such dialogue well in advance of making such decisions
which protects the right to have open dialogue with the employer and to discuss this issue and perhaps
even make a presentation to Council on this item. By not advising the union properly there is an attempt
to silence the process, the union and it's employees directly involved.
Separate to this, these are individuals that have been committed to the City of Niagara Falls and their
community and take a great deal of pride in their work. They have given themselves to serving in the
Pools section for years and this is the respect that they get in return, no dialogue, no meeting, no input, it
is shameful. These are human beings and these are their jobs, I have heard the passion in their voice,
and if you took the time to hear the issue you may not support this report. How do you make decisions
without clearly hearing all the facts.
By way of this email, on behalf of the Pool Attendants, we request that you defer this report to allow for the
proper process.
Cathy Slee
President CUPE Local 133
Proposed Group Home from Fitscare Supported Living Inc.
Fitscare Supported Living Inc. is an organization that provides supported living to people with mental
health issues in the Niagara region. The company had conducted a research study about the current
situation of supportive housing in the Niagara region based on Report from LHIN 2008 and found a large
demand. We believe that people feel better in a caring community setting rather than in an institution.
We accommodate our services according to the level of need. The company is in the process of
developing a Group Home in Niagara Falls city and is currently at the stage of re- zoning.
Details of the clients that are intended to be housed in the group home
The company will provide affordable supervised living accommodations to people with mild and non
aggressive mental health issues. Our clients have been declared as stable and ready for transitional living
by medical professionals who discharged them from the hospital. The clients are capable of independently
maintaining most of their daily activities. They are in need of some support such as reminders to take
their medication, meal preparation, hygiene maintenance and friendly support. The client's will be
assisted by professional personnel in putting together a resume as well as job searching skills. The clients
are expected to integrate into the work community and eventually be able to move out into their own
independent residence.
How clients are referred to the group home or if they are admitted on walk in basis and on what
criteria they are accepted.
We do not accept residents on a walk in basis. The clients we are admitting in our group home are
referred to us by different health organizations and their agencies such as:
• Niagara Falls General Hospital by discharge planners and social workers from the mental
health department
• Canadian Mental Health Association, Niagara region branch, their social workers and
agencies.
• Community Health Centre, by their medical professionals.
Confirmation if the group home will be licensed or registered with the local mental health
association or any local or provincial agency.
Our facility will be licensed with the City of Niagara Falls as a Second Level Lodging House. The group
home does not require licensing under the regulations of Ministry of Health and Long Term care. It can
be registered or listed with the Canadian Mental Health Association and their branches or listed with local
hospital. The Social Workers and medical professionals from these organizations will visit their clients at
the group home and check if they have any concerns or issues. The discharge planners and social workers
from the hospital will also follow up with their patients and supervise their living conditions.
Representatives from government agencies such as Gateway will visit our facility to assure that potential
residents will live in adequate conditions and receive quality services. The Public Health department of
Niagara Region will inspect our facility three or four times a year to make sure that the facility maintains
sanitary and safe conditions.
Supportive housing is affordable housing that provides a place to live and includes food and support staff
that assist tenants in stabilizing their lives, enhancing independent living skills, and re- connecting with
the community.
Our services include:
• Staff on premises 24/7 (two personal support workers on premises as well as a cook during the
day and one staff member over night). Management will be at the facility on a daily basis and
available for contact after working hours and over weekends.
• Cooking and meal preparation for residents
• Housekeeping and laundry for residents
• Reminding of medication to residents
• Social activities (games, crafts etc.)
• Supervised outings for residents
The building is newly renovated and close to the hospital.
Each room has:
• Large window
• Smoke detector and sprinkler
• Double bed
• Cable available
• Modern kitchen
• Large TV in common lounge
• Central heating
Three directors own the building, which has been modified for use to be a supported living centre of 17
rooms and is currently in the process of re- zoning and obtaining a building permit .
We hope that Local Health and Community organizations will support our endeavours to meet the
housing needs of a specialized population in the Niagara region.
Yours truly,
Alex Kagramanov
Director of Fitscare Supported Living Inc.
March 31, 2010
Mr. Alex Kagramanov
FitsCare Supported Living
Niagara Falls, Ontario
Dear Alex,
It was good to met with you and hear of your plans for the property at 5823
Temperance St. With my past experience working with homelessness and
housing issues in Niagara, I can say that the Region is in need of
appropriately supported housing opportunities.
The program that you described, when we met, seems to fit a housing need
in Niagara Falls, as well as the rest of the Region.
Good luck with your project. Please keep me informed of its progress.
Sincerely,
Bob Barkman,
Program Manager
CMHA Niagara Branch
May 13, 2010
A. Kagramanor
155 Ballaglimi Avenue
RICHMOND HILL, On
L4C OL1
To Whom It May Concern:
Re: Fits Care Housing
Please accept this letter as a letter of recommendation for Mr. Kagramanor's housing projects.
As a clinical social worker in the Mental Health field, we have used this program in the past for
our patients needing independent living and have been satisfied with the results.
There is a strong need in the Niagara Region for housing suitable to the homeless population and
those individuals on fixed incomes for mental or physical health reasons. Mr. Kagramanor and
his group are providing a worth while service in this area.
I would encourage the city fathers and regional council to endorse and support Mr.
Kagramanor's project.
Sincerely
Stephen Bottaro, MSW, RSW
Clinical Social Worker
Inpatient Mental Health
SB /ds
(6!1 4/2010) Dean lorfida - Re: Fitscare Livirig Inc.
From: Dean Iorfida
To: Bart Maves; Carolynn Ioannoni; Janice Wing; Janice Wing; Jim Diodati...
CC: Alex Herlovitch; Teresa Fabbro
Date: 6/14/2010 12:20 PM
Subject: Re: Fitscare Supported Living Inc.
I don't have that document, Janice. I checked both my Feb. 22nd Council folder and our office folder and
there's nothing there. Can't recall if they only distributed enough for Council members at the time.
Not sure if Planning has a copy or if any of the other councillors kept their copy.
Of course, the applicant could argue that they changed their intent from the Feb. 22nd meeting to the
May 31st meeting.
The minutes from their original appearance, which were appropriately revised at your urging, reflect their
intent at that time:
The applicants outlined that the property would house the disabled, low income, seniors and
rehabilitated drug users but indicated they were willing to scale it back to Council's wishes.
Those were pretty well the applicant's words verbatim.
Thanks
Dean
»> "Janice Wing" <janice wing @cogeco.ca> 6/14/2010 12:11 PM »>
Thanks, Dean, but this isn't the document I'm looking for. What Pm after
is the one handed out from the pdium the very first time the applicant
appeared before Council. This is not it.
janice
Original Message
From: "Dean Iorfida" <diorfida @niagarafalls.ca>
To: "Bart Maves" <bartm @niagarafalls.ca >; " Carolynn Ioannoni"
<ioannoni @niagarafalls.ca>; "Jim Diodati" <jdiodati @niagarafalls.ca>;
"Janice Wing" <jwing @niagarafalls.ca >; "Shirley Fisher"
<sfisher @niagarafalls.ca>; "Ted Salci" <tsalci @niagarafalls.ca >; "Vince
Kerrio" <vkerrio @niagarafalls.ca >; "Victor Pietrangelo"
<vpietrangelo @niagarafalls.ca >; "Wayne Thomson" <wthomson @niagarafalls.ca>
Cc: "Alex Herlovitch" <aherlovitch @niagarafalls.ca >; 'Teresa Fabbro"
<tfabbro @niagarafalls.ca>
Sent: Monday, June 14, 2010 11:54 AM
Subject: Fitscare Supported Living Inc.
As per Councillor Wing's e-mail, please find the information provided by the
applicant for the Temperance Avenue Group Home at the most recent Council
meeting.
This will be part of your hard copy additions this evening.
Thanks
Dean
Page 1
(6/14/2010) Dean Iorflda - AM- 2009 -012, ZBA Application - 5823 Temperance Avenue
From: Paul Pingue <pinger @sympatico.ca>
To: <diorfida @niagarafails.ca>
Date: 6/14/2010 2:58 PM
Subject: AM- 2009 -012, ZBA Application - 5823 Temperance Avenue
Subject PD- 2010 -47
AM- 2009 -012, Zoning By -law Amendment
5823 Temperance Avenue
Mr. Iorfida,
1 am writing on behalf of Mrs. Marianna Candeloro, who resides at 5815 Temperance Avenue, which is
next door to the subject property. Mrs. Candeloro is an 88 year old widow who has resided at 5815
Temperance Avenue since 1959.
I would be grateful if you could add this email to the materials members of Council will receive in respect
of this Zoning By -law Amendment Application.
Mrs. Candeloro shares many of the same concerns expressed by Members of Council regarding the
operational aspects of the proposed group home. These concerns are noted in the Staff Report. In
particular, Mrs. Candeloro is concerned with the desired occupancy level for the group home.
After reading the Staff Report, however, Ms. Candeloro's concerns about inspections of the proposed
group home (if approved) have been allayed somewhat.
Finally, Mrs. Candeloro would like some assurance from the proponent that the exterior of the property will
be kept in a suitable condition going forward. She points out that at various times since the current and
former owners have owned the property, the exterior has been neglected, resulting in, among other things,
grass and weeds growing out of control. A mature tree at the rear of the subject property also requires
trimming in order to eliminate the significant overhang onto the neighboring property. Perhaps certain site
plan control -type measures could be implemented in order to enhance the exterior appearance of the
subject property. A condition in any approval by Council requiring consultation with adjacent property
owners may suffice in this regard.
Thanking you for your consideration, I remain,
Yours truly,
Paul A. Pingue
Page 1 1
Jean Grandoni
RR#1 Garner Rd.
Niagara Falls, Ont. L2E 6S4
Niagara Falls City Council
4310 Queen St.
Niagara Falls, Ontario
L2E 6X5
Members: Re: Growth Plan Conformity Update City File t
Yours truly,
Jean Grandoni
Cc. Director of Planning & Development
June 8, 2010
Planning
File:
ce. Court —
Since historically people settled where food producing soils were the most fertile, it must be a
priority to change present growth patterns and redirect them to the inner city, skyward and south of the
WeIIand River, if the major objectives of the Official Plan to protect prime agricultural land and conserve
natural heritage areas are to be achieved.
Redirection of development to the inner city, redevelopment , and residential intensification, must
NOT be used as an excuse to destroy inner City forests such as Thundering Waters , the Heartland Forest
and. Stanley Avenue forests. On the contrary, with higher densities comes the need to leave such oxygen
producing areas both for the health of wildlife and people, including mental health, and for preservation and
health of the Welland River ecosystem.
lvfy dad used to talk about Sir Harry Oakes desire to preserve a forested parkway along the
Welland River and that is probably the reason he had purchased so much forested property there.
COUNCIL SHOULD ADOPT THIS LOST VISION.
One major political issue is the failure of the Region and City to accurately designate the
farmlands between Niagara Falls and Thorold and between the Niagara Escarpment and the Welland River
as good fruit and good grape lands, not just " Good General farmlands" as presently designated. The 1979
Ontario Municipal Board decision on the urban agricultural boundaries recognized this higher capability of
fruit and grape production, based on submitted scientific evidence and the fact that such crops were already
being grown here.
The Niagara Falls City Council, a couple of years ago, voted to send .a resolution to the Region
asking to apply this designation. To this day the Region has done nothing about it. This is cause for
legal action. Those of you who voted for it should pursue it, ifyour vote carried any sincerity. I
REQUEST THAT COUNCIL, ONCE AGAIN REQUEST THAT THESE LANDS OF THE 1979
OMB DECISION BE ACCURATELY DESIGNATED.
You can bury a lot of things in the country but you cannot bury the truth. The true test of a real
conservationist is one who saves that which is immediately threatened.
I therefore support the Province's position to contain urban development to within existing boundaries , to
not only conserve our natural resources which are the starting point of all jobs but to keep taxes down.
RECEIVED
JUN 0 8 2010
PLANNING
& DEVEL • PMENT
0 Teresa Fabbro - Fwd: Growth Plan Conform
6/9/201
/Garner South Seconda
From: Alex Herlovitch
To: Barb Macdonald; Dean Iorfida; John Barnsley; Teresa Fabbro
Date: 6/9/2010 8:54 AM
Subject: Fwd: Growth Plan Conformity/Garner South Secondary Plan ( "GSSP ")
Attachments: Letter to A Herlovitch - June 7, 2010.pdf; Letter to Alex Herlovitch - Marc
h 22, 2010.pdf
Comments on Growth Plan (OPA 94) exercise from Thomson Rogers for Council June 14.
Alex
»> <ddermainftthomsonrogers.com> 6/7/2010 2:18 PM »>
Mr. Herlovitch,
Please see the attached letter and enclosure:
David N. Germain
Thomson, Rogers
390 Bay Street, Suite 3100
Toronto, Ontario
M5H 1W2
Tel: 416.868.3162
Toll Free: 1 -888- 223 -0448
Fax: 416.868.3134
To view my profile: http:// www. thomsonrogers.com /david- Qermain
This message is intended to be confidential and solely for the addressee.
If you received this e-mail in error, please delete it and advise us at
notifier at thomsonrogers.com
E -mail transmission cannot be guaranteed to be secure or error -free and the
sender does not accept liability for errors or omissions. Thomson, Rogers also
retains the right to monitor our e-mail transmissions in order to maintain our high
standard of service.
Plan "GSSP"
r'd e 7
Thomson
■ Rogers
SENT BY EMAIL
June 7, 2010
Mr. Alex Herlovitch
Director of Planning and Development
City of Niagara Falls
Planning Department
P.O. Box 1023
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Herlovitch:
Jeffrey J. Wilker
416 - 868 -3118
jwilker@thomsonrogers.com
Cytec Canada re Draft OPA — Growth Plan Conformity /Garner South Secondary
Plan ( "GSSP ")
Our File No. 050225
We are the solicitors for Cytec Canada Inc. ( "Cytec ").
We wrote to you back on March 22, 2010 regarding our concerns with respect to the draft
Garner South Secondary Plan ( "GSSP "). A copy of our March 22, 2010 is attached. Our
concerns sought assurance that the proposed policies of the GSSP would be amended to be
consistent with the policies of approved OPA No. 82. Our position was that the recent
policies of OPA No. 82 should be carried forward in the GSSP. In addition, we also
identified concerns regarding stormwater quality of Thompson's Creek and the inclusion
of appropriate land uses (both residential and employment) and heights in the GSSP that
do not compromise the ability of Cytec to utilize its lands for the heavy industrial uses for
which its lands are designated and zoned.
In our review of the City Initiated draft OPA to establish Growth Plan conformity, it is our
understanding that the objectives and policies promote increased densities and a range of
housing types throughout the City with a target density of development of not less than 53
people /jobs per hectare in a Greenfield Area designation. The GSSP area/Warren Woods
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
thomsonrogers.com
Thomson
• Rogers
lands are identified as Greenfield Area and Natural Heritage Areas. It is noted that the draft
OPA (Policy 1.14 — Greenfield Area) does indicate that "Secondary planning shall be the
primary implementation tool for the development of the Greenfield Area ".
We are seeking clarification from the City that the draft OPA policies pertaining to Growth
Plan conformity will not predetermine the future policies of the GSSP. More specifically,
we want assurance that the policies of OPA 82 presently conform to the draft Growth Plan
OPA policies, and that the City has the discretion and flexibility to restrict lands use,
heights and densities that have the potential to impact Cytec and its ongoing operations.
We emphasize that the policies of the Growth Plan also seek to protect existing
Employment lands and to this end the draft policies should avoid any generic support for
sensitive land uses that have the potential to affect existing industrial operations such as
Cytec.
Cytec appreciates the opportunity to comment on the proposed OPA and would
respectfully request that we be kept apprised of this matter. We request that copies of any
reports being prepared in this matter be provided to Cytec and to our office. Cytec further
request notice of any statutory meetings under the Planning Act or decisions made under
the Planning Act. We ask that both the writer and Mr. Ken Milo at Cytec be kept advised
regarding same. Mr. Milo's mailing address is: Cytec Canada Inc., 9061 Garner Road,
Niagara Falls L2E 6S5.
Thank you for your consideration of this letter.
Yours very truly,
Jeffrey J. Wilker
JJW /dng
-2-
cc. Martin Lehman/Ken Milo, Cytec Canada Inc.
Glenn Wellings, Wellings Planning Consultants Inc.
Tom Richardson, solicitor for Warren Woods
enclosure
Thomson
• Rogers
SENT BY EMAIL
March 22, 2010
Mr. Alex Herlovitch
Director of Planning and Development
City of Niagara Falls
Planning Department
P.O. Box 1023
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Herlovitch:
Cytec Canada re Garner South Secondary Plan
Our File No. 050225
We are the solicitors for Cytec Canada Inc. ( "Cytec ").
Jeffrey J. Wilker
416 - 868 -3118
jwilker@thomsonrogers.com
Cytec has been monitoring the Garner South Secondary Plan ( "GSSP ") and has some
preliminary concerns with respect to the same. The purpose of this letter is to identify
Cytec's preliminary concerns in order to facilitate further discussions with City staff and
the proponents prior to finalization and approval of the GSSP.
As the City is aware, Cytec has major landholdings southwest of the GSSP Area. It owns
approximately 1,000 acres north of the Welland River. The Cytec property fronts onto
Garner Road where it presently operates a phosphine plant. Cytec is part of a longstanding
industrial precinct in this part of the City. Protection of the continued viability of its plant
in its current location is of paramount importance to Cytec. Cytec wishes to ensure that the
GSSP does not compromise the ability of Cytec to utilize its lands for the heavy industrial
uses for which its lands are designated and zoned.
Official Plan Amendment No. 82 (OPA No. 82) re- designated approximately 77 hectares
(190 acres) of land owned by Warren Woods Land Corporation from "Industrial" and
B A R R I S T E R S AND 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
thomsonrogers.com
Thomson
■ Rogers
-2-
"Open Space" to "Residential — Special Policy Area 57" and "Environmental Protection
Area — Special Policy Area 57 ". A two (2) km radius for minimum distance separation
from Cytec's heavy industrial use was established through the policies of OPA No. 82.
Within the minimum distance separation radius, uses including residential, overnight
accommodation and institutional /assembly uses are restricted and building heights are
limited to 3 storeys.
The draft GSSP contains five (5) principles with related objectives. Principle 5 pertains to
the creation of employment opportunities. The first objective states:
"to retain lands along the QEW and within a 1.09 km radius of the Cytec phosphine
plant for employment uses;"
We believe the two (2) km minimum separation distance established through the OPA No.
82 policies should be carried forward in the draft GSSP as it represents more current
policy. We further request that the two (2) km minimum distance separation be shown on
Schedule A -3 to the GSSP for the lands west of Garner Road, as it is similarly shown for
the lands east of Garner Road.
The GSSP Area incorporates the OPA No. 82 lands as well as additional lands to the north,
south and west. Of primary importance to Cytec is the recognition of policies contained in
OPA No. 82. It is our position that the detailed policies in OPA No. 82 that currently
provide protection for Cytec, particularly those policies regarding separation distances and
restrictions on uses, should be incorporated verbatim into the GSSP and applied to all lands
within the GSSP.
The Warren Woods (East) plan of subdivision, as modified, was draft approved with
conditions on November 17, 2008. Condition No. 51 to draft plan approval requires a
notice clause to be placed in any agreement (Subdivision, Condominium and/or Site Plan)
as well as in all Agreements of Purchase and Sale. We are also requesting that this
provision be captured in the policies of the GSSP.
The GSSP Concept Plan shows a storm water management facility at the northwest corner
of Brown Road and Garner Road and employment lands surrounded by an "Environmental
Protection Area" (EPA) designation to the north. North of the EPA lands are lands
designated "Residential Low Density ". We would ask that you confirm that there are no
residential, or other similar assembly -type permissions within the two (2) km separation
distance.
Thomson
• Rogers
-3-
We have reviewed the list of uses permitted within the "Employment" designation in the
GSSP and would like to discuss these further with City staff. Part of our concern is the
relationship between the uses permitted in the "Industrial — Special Policy Area 57"
designation (OPA No. 82) and the "Employment" designation in the GSSP. Some of the
listed employment uses may not be compatible with the existing heavy industrial Cytec
use. As a general point, Cytec wishes to ensure that any land uses permitted within the
GSSP are compatible with Cytec's permitted uses and that the policies and designations
included in the GSSP do not include anything which may be incompatible.
In addition to our concerns regarding land use and the appropriate separation of uses,
Cytec is concerned about building heights for both residential and employment uses. We
believe the building height restrictions contained in OPA No. 82 should be replicated in the
GSSP, including being applied to those additional GSSP lands which are not covered by
OPA 82. This is critically important to Cytec and as such requires a more detailed review.
We previously brought to the City's attention Cytec's concerns respecting Thompson's
Creek. Thompson's Creek runs through the Cytec lands and traverses the southern
boundary of the Heartland Forest Niagara Development prior to reaching the Welland
River. It is important to note that Thompson's Creek is owned by Cytec, is integral to
Cytec's manufacturing operation, and is subject to an MOE Certificate of Approval.
We note that Section 2.9.1 of the draft GSSP relates to storm water management and
Subsection 2.9.1.6 states:
"lands generally west of Garner Road, as shown on Schedule A -3, are located
within the Thompson's Creek Watershed. In the absence of a watershed plan for
Thompson's Creek Watershed, a Scoped Watershed and Master Drainage Plan is
required to be completed prior to development."
The GSSP further states that the Scoped Watershed and Master Drainage Plan will be
completed to the satisfaction of the City and the Niagara Peninsula Conservation
Authority. It is our position that the required scoped watershed study and drainage plan
should also be prepared to the satisfaction of Cytec. The GSSP should incorporate the
principle contained within Official Plan Amendment No. 40 (OPA No. 40) for Heartland
Forest Niagara which states at Section 14.35.5(a) as follows:
"Should the development impact upon or alter existing conditions of Thompson
Creek, located to the south of the development, the developer shall obtain the
consent of the owner of Thompson Creek to permit these impacts or alterations, or
Thomson
■ Rogers
-4-
in the alternative shall redesign its development so as to maintain the existing
conditions. These impacts or alterations include impacts on flood potential, erosion,
water quality and quantity and fish habitat."
Zoning By -law 2005 -198 implements part of the Heartland Forest Niagara Official Plan
Amendment, and includes a holding provision which is to remain in place until, amongst
other matters:
"An adequate storm sewer system in accordance with a storm water management
plan which has been accepted by the City and the Niagara Peninsula Conservation
Authority and the owner of Thompson's Creek, which system and plan shall
conform with the report prepared by Upper Canada Consultants dated August
2005;" [Our Emphasis]
Stormwater management issues are critical to Cytec and we request that further discussions
take place between the City and Cytec in this regard. Cytec must be involved in and
provide input into the matters which the Scoped Watershed and Master Drainage Plan will
review and assess (criteria within Subsection 2.9.1.6 of the draft GSSP).
From a broad perspective, it continues to be Cytec's view that the goals, objectives and
policies adopted within the GSSP should ensure that the existing industrial precinct
including the Cytec lands, are surrounded by complementary compatible land uses. We
are continuing our review of the draft GSSP policies and would appreciate the opportunity
to discuss our concerns in greater detail with City staff.
Cytec appreciates the opportunity to comment on the proposed GSSP. We request that
Cytec continue to be advised of the secondary plan process, and that copies of any reports
being prepared in this matter be provided to Cytec and to our office. Cytec further request
notice of any further open houses and meetings, including any statutory meetings under the
Planning Act or decisions made under the Planning Act. We ask that both the writer and
Mr. Ken Milo at Cytec be kept advised regarding same. Mr. Milo's mailing address is:
Cytec Canada Inc., 9061 Garner Road, Niagara Falls L2E 6S5.
Thank you for your consideration of this letter.
Yours very truly,
Thomson
• Rogers
Jeffrey J. Wilker
JJW /dng
-5-
cc. Martin Lehman/Ken Milo, Cytec Canada Inc.
Glenn Wellings, Wellings Planning Consultants Inc.
Preamble
GENERAL POLICIES
1.1
-5-
2.8 The City shall consider residential and employment growth in
relation to Schedule "B" - Phasing of Development and the polices
of Part 3, Section 1 of this Plan.
2.9 The City shall monitor growth within the urban area at 5 year
intervals to measure compliance with targets of the Province's
Growth Plan and the Regional Niagara Policy Plan.
2.10 Expansions to the urban boundary shall only be considered after
successful completion of the required Regional Comprehensive
Review and subsequent Local Comprehensive Review which shall
occur no less than five years from the previous municipal
comprehensive review or in accordance with the Regional Policy
Plan as may otherwise be provided in that Plan."
ii) PART 2, SECTION 1 - RESIDENTIAL is hereby deleted in its entirety
and replaced with the following:
PART 2 - LAND USE POLICIES
SECTION 1 - RESIDENTIAL
The policies of this section are intended to guide the provision of housing
which is affordable, accessible, adequate and appropriate to the needs of
a full range of households in the City and to guide the development and
redevelopment of Residential lands shown on Schedule "A" of this Plan.
The City will ensure that a sufficient supply of land is available, on a
continuing basis, to accommodate all forms of housing and that
appropriate opportunities are provided for residential intensification.
Lands designated for residential use shall be sufficient to accommodate
anticipated population growth and the need for various housing types and
densities throughout the period of the Plan. Residential development
should occur in a manner which is compatible with the surrounding
neighbourhood. Various amenity features will be incorporated within
developments to ensure pleasant living conditions and a high quality of
life. While housing represents the main component within this land use
designation, other compatible land uses serving area residents which
contribute to and enhance the surrounding residential environment will be
encouraged and permitted in order to achieve a complete community.
The predominant use of land in areas designated Residential shall
be for dwelling units of all types catering to a wide range of
households. Predominant uses shall include single detached and
semi - detached dwellings, duplexes, triplexes, quadroplexes,
townhouses, apartments, group homes and other forms of
residential accommodation.
(6/11/2010 Dean Iorfida - By -law for Monday
From:
To:
Date:
Subject:
Attachments:
Dean,
Parking and Traffic have another request to add an Enforcement Officer for Monday's meeting. The by-
law is already on the agenda for a previous change to Schedule "C" but this is yet another change. Can
we include the attached by -law as an addition for Monday? I'll put it on the U: drive as well. Like I said,
it's already listed on the agenda but this new version will have to be handed out as it would include the
new name of RON DAYTON to Schedule "C ".
Bill
Bill Matson
Dean Iorfida
6/11/2010 12:36 PM
By -law for Monday
June 14 2010 By -law Enforcement Officers.wpd
Page 1
May 31, 2010
City of Niagara Falls
Dean Iorfida, City Clerk
P.O. Box 1023
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Iorfida:
Thursday June 17 2010
4:00 p.m. to 8:00 p.m.
Royal Canadian Legion
Upstairs Hall
383 Morningstar Avenue,
Welland
NGTA Study Team
c/o URS Canada Inc.
75 Commerce Valley Drive East
Markham, ON Canada L3T 7N9
Tel: 905.882.4401
Fax: 905.882.4399
Toll free: 1- 866- 890 -6441
www.niagara - gta.com
A=COM
Monday June 21 2010
4:00 p.m. to 8:00 p.m.
Ancaster Fairgrounds
Marritt Hall
630 Trinity Road, Jerseyville
- 1 -
r
r" Ontario
CLERK'S — 1
JUN d 71010
RE: Niagara to GTA Corridor Planning and Environmental Assessment Study — Phase 1
Notice of Public Information Centre #4
Stakeholders are invited to attend the fourth round of Public Information Centres (PICs) to review
and comment on the draft multi -modal Transportation Development Strategy for the Niagara to GTA
(NGTA) Corridor Planning and Environmental Assessment Study.
Study team members will be available to answer one -on -one questions and to receive comments at
these open house style information centres. PIC #4 will be held on:
Wednesday June 23` 2010
4:00 p.m. to 8:00 p.m.
Holiday Inn Burlington
Halton Hall
3063 South Service Road,
Burlington
Information to be presented at the PICs will be available on the study website beginning on June
17 2010. Comments may also be submitted via the study website at: www.niagara - gta.com.
Phase 1 of the Planning and Environmental Assessment (EA) Study for the NGTA Corridor, initiated
by the Ontario Ministry of Transportation (MTO), will support the transportation objectives of the
provincial Growth Plan for the Greater Golden Horseshoe by providing for the efficient movement of
people and goods within the corridor.
Phase 1 of this study includes the following key steps:
• develop a Study Plan (PIC #1);
• identify transportation problems and opportunities (PIC #2);
• identify and assess transportation alternatives that address the identified problems
and opportunities (PIC #3); and
• select preferred transportation alternative(s) and recommend a multi -modal
Transportation Development Strategy (PIC #4).
The Niagara to GTA Corridor Planning and EA study is being undertaken in accordance with the
Ontario Environmental Assessment Act (EA Act) and the Niagara to GTA Corridor Environmental
rte.
URS A;COM t Ontario
Assessment Terms of Reference, which was approved by the Minister of the Environment in June
2006.
Comments and information regarding this project will be collected to assist the MTO in meeting the
requirements of the.OEAA. This material will be maintained on file for use during the project and
may be included in project documentation. Information collected will be used in accordance with the
Freedom of Information and Protection of Privacy Act and the Access to Information Act. With the
exception of personal information (e.g., name and address), all comments will become part of the
public record.
Please feel free to visit us at http: / /www.niagara- gta.com to obtain further information and updates
regarding this study.
Thank you for your cooperation and assistance.
Sincerely,
Mr. Roger Ward
MTO Study Team Lead
Provincial Planning Office
Ontario Ministry of Transportation
NGTA Study Team
c/o URS Canada Inc.
75 Commerce Valley Drive East
Markham, ON Canada L3T 7N9
Tel: 905.882.4401
Fax: 905.882.4399
Toll free: 1- 866 - 890 -6441
www.niagara - gta.com
- 2 -
Mr. Paul Hudspith, P. Eng.
Consultant Project Manager
URS Canada Inc.
V Ontario
ONTARIO GOVERNMENT NOTICE
NOTICE OF PUBLIC INFORMATION CENTRE #4
Niagara to GTA Corridor Planning and Environmental Assessment Study
Phase 1
The public is invited to attend the fourth round of Public Information Centres (PICs) to review and
comment on the draft multi -modal Transportation Development Strategy for the Niagara to GTA (NGTA)
Corridor Planning and Environmental Assessment Study.
These will be drop -in style open house sessions to allow members of the public to review display
material and discuss the study one - on-one with study team members. In addition, brief presentations will
be provided each night at 5:30 p.m. and 7:00 p.m. to provide a study overview. PIC #4 will be held on:
Thursday June 17 2010
4:00 p.m. to 8:00 p.m.
Royal Canadian Legion
Upstairs Hall
383 Morningstar Avenue,
Welland
Information to be presented at the PICs will be available on the study website beginning on
June 17 2010.
Comments may also be submitted via the study website at: www.niagara- gta.com.
THE STUDY:
Phase 1 of the Planning and Environmental Assessment (EA) Study for the NGTA Corridor, initiated by
the Ontario Ministry of Transportation (MTO), supports the transportation objectives of the provincial
Growth Plan for the Greater Golden Horseshoe by providing for the efficient movement of people and
goods within the corridor.
Phase 1 of this study has included the following key steps:
• develop a Study Plan (PIC #1);
• identify transportation problems and opportunities (PIC #2);
• identify and assess transportation alternatives that address the identified problems and
opportunities (PIC #3); and
• select preferred transportation alternative(s) and recommend a multi -modal Transportation
Development Strategy (PIC# 4).
THE PROCESS:
The Niagara to GTA Corridor Planning and EA study is being undertaken in accordance with the Ontario
Environmental Assessment Act (EA Act) and the EA Terms of Reference, which was approved by the
Minister of the Environment in June 2006.
COMMENTS:
Comments and information regarding this study will be collected to assist the MTO. This material will be
maintained on file for use during the project and may be included in project documentation to meet the
requirements of the EA Act. Information collected will be used in accordance with the Freedom of
Information and Protection of Privacy Act and the Access to Information Act. With the exception of
personal information (e.g., name and address), all comments will become part of the public record.
For further information, or to be added to the mailing list for this study, please visit the study website or
contact:
Mr. Roger Ward
MTO Study Team Lead
Ontario Ministry of Transportation
Provincial Planning Office
2nd Floor 301 St. Paul Street
St. Catharines, Ontario L2R 7R4
Tel: 905 - 704 -2214
Fax: 905 - 704 -2007
Monday June 21 2010
4:00 p.m. to 8:00 p.m.
Ancaster Fairgrounds
Marritt Hall
630 Trinity Road, RR #1
Jerseyville
Visit us on -line at: www.niagara- gta.com
Contact us by e-mail at: project_team@niagara-gta.com
Or via our toll -free number: 1- 866 - 890 -6441
Wednesday June 23 2010
4:00 p.m. to 8:00 p.m.
Holiday Inn Burlington
Halton Hall
3063 South Service Road,
Burlington
Mr. Paul Hudspith, P.Eng.
Consultant Project Manager
URS Canada Inc.
75 Commerce Valley Drive East
Markham, Ontario, L3T 7N9
Tel: 905 - 882 -4401
Fax: 905 - 882 -4399
If fully implemented, inter - municipal transit will form an important part
of Niagara's transportation system, allowing enhanced transit services
to Niagara residents by connecting the local municipalities, surrounding
regions and the Greater Toronto Area.
Background
Niagara Region, with support from the municipal transit operators,
started a three - phased study to facilitate enhancements to the inter -
municipal transit services in Niagara. Phase one investigated the need and
developed a vision and service concepts best suited for the region. Phase
two developed the service standards, routes and schedules, fare structure
and policy, governance options, and the cost - benefit of implementation.
A copy of the phase one final and phase two draft reports can be found at
www.niagararegion.ca.
Inter- Municipal Transit - Service Concepts
Legend
.... •o rNw�
4. * VVIVrennce
Committee of the Whole meetings were held on January 28, 2010 and
May 12, 2010 to discuss the phase one and phase two reports respectively.
The January 28 meeting resulted in the approval of a'Transit Vision "for
Niagara.The May 12 meeting sought public input on the phase two
study and received a number of submissions from members of public
and stakeholders - including an alternate transit pilot project proposal
developed jointly by the Cities of St. Catharines, Niagara Falls, Port
Colborne, and Welland, along with, the Town of Fort Erie.
To discuss the phase two study report submitted by GENIVAR (ENTRA)
consultants, the alternate transit pilot project proposal, and the inputs
received, a Committee of the Whole meeting will be held on June 23, 2010.
Members of the public may provide written comments on
Kevin Bain
Regional Clerk
Dated at the City of Thorold, June 4, 2010
411)
1970 YEARS 2010
Niagaralre Region
PUBLIC NOTICE
June 23, 2010 Committee ofThe Whole Meeting on
Inter - Municipal Transit
A Committee of the Whole meeting will be held in the Niagara Region inter- municipal transit in the following manner:
Council Chamber at 2201 St. David's Road, Thorold on Wednesday, June 23,
2010 at 4 p.m. related to inter - municipal transit.
a) by mail, written submissions are to be typewritten, double spaced and
single sided, and addressed to:
Office of the Regional Clerk
2201 St. David's Road, P.O. Box 1042
Thorold, Ontario L2V4T7
Re: Inter - Municipal Transit
b) by e -mail, referencing "Inter-Municipal Transit"and addressed to:
kevi n.ba i n @ n is ga ra reg io n.ca
c) by fax, 905 - 687 -4977, addressed to the Regional Clerk, referencing
"Inter- Municipal Transit"
Inter - Municipal Transit Documents
The background documents can be viewed at www.niagararegion.ca.
For further information about the project or the background documents
please contact:
Kumar Ranjan, P. Eng.
Transportation Engineer, Public Works Department
Niagara Region
2201 St. David's Road, PO Box 1042
Thorold, ON L2V4T7
Phone: 905- 685 -4225 ext. 3467
Fax: 905 -685 -0013
kumar.ranjan @niagararegion.ca
Denis Fletcher
Director,Transit Solutions
ENTRA Consultants, a division of GENIVAR
2800 Fourteenth Avenue, Suite 210
Markham, ON L3R 0E4
Tel: 905-946-8900/800-959-6788
Fax: 905-946-8966/888-959-3400
Dennis.Fletcher @genivar.com
ISO 9001 Registered
Personal Information Collection
Personal information collected and recorded at the public meeting or
submitted in writing on this subject is collected under the authority of
the Municipal Act, 2001, as amended and will be used by members of
Regional Council and Regional staff in considering Inter Municipal Transit.
The written submissions including names and contact information and
the report of the public meetings will be made available to the public.
Questions about this collection should be referred to Kevin Bain, Regional
Clerk at 905- 685 -4225 ext. 3226.
www.niagararegion.ca
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Mrs. Pearl Biamonte
3274 Portage Road, Apt. 114
Niagara Falls ON L2J 4C9
Dear Mrs. Biamonte:
Re: Opening of the Gale Centre
Niagar aj1alls
C A N A D A
June 14, 2010
On June 24 as you may know, the City will be opening our new 4 -pad arena complex.
I thought it was only fitting to personally invite you to attend the opening ceremonies. It should not
be forgotten that you and your husband opened the first concessions at Oakes Park and Stamford
Arena. I feel that it is very important to remember those who were integral at the inception of our
recreation facilities.
If you are available to attend, please let me know and I will make the arrangements.
Sincerely,
Councillor Wayne Thomson
P.O. Box 1023, Niagara "Falls
ON, Canada L2E 6X5 905 - 356 -7521 www.niagarafalls.ca
Working Together to Serve Our Community
Clerks Department
Ext 4271 Fax 905 - 356 -9083
diorfida @niagarafalls.ca