2001/10/15PLANNING/COUNCIL
MEETING
Monday, October 15, 2001
Order of Business
and Agenda Package
ITEM NO. 36
ITEM NO. 37
ITEM NO. 38
-2-
Correspondence from Marko Roknic & Milka Zegarac
Correspondence from a local resident
Public Meeting
Official Plan & Zoning By-law Amendment Application
AM-27/2001, 4785 Drummond Road
Applicants: Branscombe Family Foundation and
River Realty Development (1976) Inc.
Proposed Office Building
Background Material:
Recommendation Report: PD-2001-87
- AND -
Correspondence from Regional Niagara, Planning
And Development Department
Correspondence from Regional Niagara, Public
Works Department
Correspondence from Canadian National Railway
Public Meeting
Zoning By-law Amendment Application
AM-28/2001, 5595 Drummond Road
Applicant: Falls Masonry Limited
Agent: Italia Gilberti
Proposed 27 Unit Townhouse Condominium
Development on the Subject Lands
Background Material:
Recommendation Report: PD-2001-92
- AND -
Correspondence from Regional Niagara, Planning
And Development Department
Correspondence from Regional Niagara, Public
Works Department
Correspondence from Broderick & Partners
Public Meeting
Zoning By-law Amendment Application
AM-25/2001, 7439 Lemon Road
Applicants: Terry & Jacqueline White
Agent: Gary Cook & Associates
-3-
Background Material:
Recommendation Report: PD-2001-94
- AND -
Correspondence from Regional Niagara, Planning
And Development Department
MISCELLANEOUS PLANNING MATTERR
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
PD-2001-89, Proposed Change to Amending By-
law; Zoning By-law Amendment Application
AM-16/2000; Vegter Estates Draft Plan of
Subdivision; Owners: Jack & Diane Vegter.
PD-2001-91, Update on Development Occurring
in the Garner Neighbourhood.
PD-2001-93, City of Niagara Falls Comments on
the Five-Year Review of Provincial Policy
Statements.
ADOPTION OF MINUTES:
RE__GULAR COUNCIL
Regular Minutes of October 1, 2001.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARK~
.COMMUNICATIONS AND COMMENTS OF THE CITY CLER:'.
Town of Fort Erie, Office of the Mayor - Re: International Bridges - seeking
support of the Cities of Windsor & Sarnia's requests to the Federal and Provincial
governments the allocation of appropriate human and financial resources as well
as the establishment of clear strategies to deal with traffic management at border
crossings on an issue of national significance and importance.
RECOMMENDATION: That the request be supported.
-4-
=
Gales Gas Bars Limited - Re: Billboard sign - requesting that an application by
Pattison Outdoor Advertising to erect a Billboard sign behind Gales Gas Bar at 7811
Portage Road be granted.
RECOMMENDATION: Refer to staff.
Robin Argenta - Re: Blue Light Program - requesting financial consideration for
the Blue Light Program in memory of police officers that have given their lives in the
line of duty.
RECOMMENDATION: Refer to staff.
Additional Items for Consideration
The Acting City Clerk will advise of any further items for Council
consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE
(Alderman Victor Pietrangelo, Chair)
COMMUNITY SERVICES MATTERS
Chief Administrative Officer
MW-2001-140, Contract 01-115-00;
Drainage Course No. 6, Municipal Drain
Construction.
Chief Administrative Officer
MW-2001-141, Drainage Course No. 6,
Engineer's report - Spriet Associates.
Chief Administrative Officer
MW-2001-142, Transfer of Easement;
Dorchester Road Storm Sewer Outlet.
Chief Administrative Officer
MW-2001-144, Closing of Parts of
Domenic Crescent, Plan M-92 - Calaguiro
Estates Subdivision.
CORPORATE SERVICES MATTERS
Chief Administrative Officer
F-2001-63, Donation of $50,000 to the
New York City Relief Effort.
-5-
RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERR
MISCELLANEOUS MATTE R_-~
1. Chair, Body Rub Parlour Committee
2. Chief Administrative Officer
3. Chief Administrative Officer
Report of the Body Rub Parlour
Committee - Re: Marijana Kovinic,
L-2001-60, Appointment of Temporary
Acting City Clerk.
L-2001-62, Sale of Part of Dock Street to
314540 Ontario Inc., Part 3 on Reference
Plan No. 59R-4257.
RESO_LUTIONS
RESOLVED that the Council of the Corporation of the City of Niagara Fails
determines in accordance with Section 34(17) of the Planning Act, R.S.O. 1990,
that the changes proposed to the zoning by-law for application AM-16/2000 (Jack
& Diane Vegter) do not require the giving of further notice.
BY-LAWS
The Acting City Clerk will advise of any additional by-laws or amendments to
the by- laws listed for Council consideration.
2001-125
To provide for a drainage works in the City of Niagara Falls, in the Regional
Municipality of Niagara. (For Third Reading Only)
2001-215 To appoint Paul Pingue as Temporary Acting City Clerk.
2001-216
To authorize the execution of an agreement with C.R.L. Campbell
Construction & Drainage Ltd. respecting the construction of Drainage No. 6.
2001-217
To provide for the adoption of an amendment to the City of Niagara Falls
Official Plan (Re: AM27/2001; River Realty/Branscombe Family Foundation)
2001-218
2001-219
2001-220
2001-221
2001-222
-6-
To amend By-law No. 79-200, as amended. (Re: AM27/2001; River
Realty/Branscombe Family Foundation)
To stop up and close part of Graham Street, designated as Parts 8 and 10
on Reference Plan No. 59R-11438.
To declare surplus the closed portion of Graham Street designated as Parts
8 and 10 on Reference Plan No. 59R-11438 and to authorize the transfer of
the said closed portion of Graham Street to 1006057 Ontario Limited, for
nominal consideration, plus costs.
To authorize the acceptance of an easement from Falls Masonry Limited for
the purpose of a combined sewer over Part 1 on Reference Plan No. 59R-
11483 (Re: AM-28/2001,5595 Drummond Road)
To authorize the acceptance of an Offer of 1314540 Ontario Inc. to purchase
the closed portion of Dock Street on Plan No. 251 designated as Part 3 on
Reference Plan No. 59R-4257.
NEW BUSINESS
q YWCA
of Niagara Falls
October I, 2001,
6135 Culp Street
Niagara Falls, Ontario
Canada L2G 2B6
(905) 357-9922
(905) 357-6440 (Fax)
ywcanf@iaw, on,ca (Ernail)
Charitable Registration #
023 6562 49
City of Niagara Falls,
P.O.. Box 1023
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention: Ms. Barbara Muir
The YWCA of Niagara Falls will mark the seventh annual YWCA Week Without Violence
from October 14 through October 21, 2001.
The YWCA Week Without Violence is an international effort to bring individuals of all cultures
races and creeds together to build solutions to violence in their own communities.
The YWCA of Niagara Falls respectively has two requests.
1. We would Like Mayor Thomson and Council to made aware of the Week Without Violence
and the activities planned ibr the above dates.
2. We would like to make a deputation to Council about the Week Without and also use the
occasion to tell how and for whom the cities help is being used at the YWCA of Niagara Falls, as
well as an update on the renovations at the Culp Street Facility.
We m'e requesting our deputation for the meeting on Monday October 15, 2001.
Thank you for your consideration of these requests.
Sincerely,
Linda Branchaud
Executive Director
Over 80 Years of Community Service and Growing
U~l Way
Membe~ Agency
~/ YWCA
of Niagara Fails
6135 Culp St. Niagnra Falls
Phone 905 357-9922 Fax 905 357-6440
Week
Without
Violence
October 14, 2001 2:00 P.M.
Southminster United Church
6801 Hagar Street
(Near Dunn and Dorchester)
Niagara Falls
(Non-Denominational)
Imagine a week without violence
Now imagine a lifetime.
Let's make it real!
Corporate Services Department
The City of
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Teh (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city,niagarafalls,on.ca
Doug Darbyson
Director
PD-2001-85
October 15, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Memhers:
Re:
PD-2001-85, Zoning By-law Amendment Application
AM-26/2001, 5558 McGrail Avenue
Applicant: Gary Patterson
Agent: Chris Cristelli
Proposed Bed & Breakfast Accommodations
RECOMMENDATION:
It is recommended that Council approve the Zoning By-law Amendment application to permit one
of the dwelling units within the existing three-unit dwelling to be used as a tourist home (bed &
breakfast accommodations) containing not more than three rooms for tourists.
THE PROPOSAL:
Gary Patterson has requested an amendment to the Zoning By-law to permit one of the dwelling units
within the existing three-unit dwelling at 5558 McGrail Avenue (see Schedule 1) to be used as a tourist
home (bed & breakfast accommodations) containing not more than three rooms for tourists. Schedule
2 illustrates the details of the site. Site specific zoning provisions are requested to be added to the
Deferred Tourist Commercial (DTC) zoning of the land to permit the proposal.
CIRCULATION COMMENTS:
Information regarding the application was circulated to City departments, several government agencies
and the public for comments. The following is a summary of the comments that have been received.
Municipal Works
No objection. A 1.2 metre land dedication for road
widening may be required in the future if the property is
redeveloped.
Parks, Recreation & Culture
No objection.
Fire Services
No objection. Fire safety concerns can be addressed
through the Building Permit.
Working Together to Serve Our Community
Clerk's Finance · Human Resources Information Systems Legal Planning & Development
October 15, 2001
- 2 - PD-2001-85
Building & By-law Services
Building permits are required prior to commencement of
construction. The designer should review information
available from the Building Division with respect to
certain requirements for Bed & Breakfast's prior to
applying for a Building Permit.
· Regional Planning
No objection.
· Area Residents
Support the proposal. Letter included in Council's agenda.
PLANNING REVIEW:
The 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 property is designated Tourist Commercial in the Official Plan. The land is located
within the Clifton Hill Tourist Subdistrict which is to provide a wide mix of tourist attractions,
accommodations and services. The most intensive uses are to be located east of Victoria Avenue
where a concentration of tourism activities already exists. The subject property is within one of
two residential areas west of Victoria Avenue where new tourist-related uses are to provide an
appropriate transition and relationship with the residential and institutional uses which exist
within the subdistrict. Bed and breakfast accommodations are normally located in residential
areas where compatible with the surrounding residential neighbourhood.
No additions are required or proposed to the dwelling to facilitate the use of one of the dwelling
units for accommodations. Therefore, the appearance of the dwelling and the character of the
surrounding neighbourhood will be maintained. The use of one of the dwelling units for tourist
accommodations will be hard to notice. This represents an acceptable transition from its use
exclusively for residential purposes. The dwelling will maintain its current relationship with the
surrounding residential uses.
The additional parking required for the accommodations will be provided in the rear yard without
completely compromising the amenity space. An existing single vehicle garage is proposed to
be removed to provide access to the parking spaces. The site plan (Schedule 2) shows the
provision of 5 parking spaces. One additional parking space will have to be provided to comply
with the zoning by-law's parking requirements.
The subject site is located on McGrail Avenue between Centre Street and Walnut Street. Clifton
Hill, Queen Victoria Park and other popular tourist areas are readily accessible by foot from the
subject site thereby reducing the need for tourists to drive their vehicles to experience the City.
2. The requested zoning is appropriate for the site.
The subject property is zoned Deferred Tourist CommerCial (DTC). The DTC zone category is
a holding zone used to maintain the status quo until the area is ready for development in
accordance with its Official Plan designation. In this case only a portion of the dwelling is
intended to be used for bed and breakfast accommodations. The applicant seeks to include a
tourist home (B & B) as a permitted use under the DTC zoning. Retention of the DTC zoning and
October 15, 2001 - 3 - PD-2001-85
adding a tourist home as a permitted use is appropriate for two reasons:
The property is already used for 3 dwelling units. The proposed accommodations
represent a minor intensification beyond that which currently exists.
The land should only be zoned Tourist Commercial (TC) when the current supply of TC
lands is exhausted and land assembly has occurred. The property is only large enough for
the existing or proposed use. There is a substantial amount of TC land available for
redevelopment to the east which should be utilized before the DTC zoned lands are
rezoned for a full range of tourist commercial uses.
If approved, the amending by-law should include a provision requiring a minimum distance
separation between the parking area and the dwelling in order to ensure that an area is maintained
as amenity space.
CONCLUSION:
The requested amendment can be supported for the following reasons:
· The proposal complies with the intent and purpose of the Official Plan.
The proposal would be an appropriate transitional tourism use in that it respects the surrounding
residential land uses.
can be allowed in the area.
Prepar~f~y:
·
ey- '
It is appropriate for the orderly development of the property and will serve to protect other legal
non-conforming residential uses in the neighbourhood until more intensive tourist development
Edward P. Lustig j
Chief Administrativ~Officer
Recommended by:
Doug I)arb~£on
Director of Planning & Development
Appro~ed by:
Tony l~'avenda
Executive Director of Corporate Services
JB:am
Attach.
FILE: S:~PDR~2001 ~PD200 [-85.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
5558 McGrall Avenue
Lot No. 113 on the easterly side of McGrall Avenue
according to Lord & Edwards Plan No. 3039
for the Town of Niagara Falls,
now known as Plan 291
in the City of Niagara Falls,
in the Regional Municipality of Niagara
AM-26/2001
1 :NTS
Applicant: Gary Patterson
SCHEDULE 2
h~- F~.~lb AVE,.
RECEIVED
SEP 04 2001
i~NNING
& OEVEL~MENT
NIA~A
September 24, 2001
Mr. Doug Darbyson, MCIP, RPP
Director of Planning
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6S5
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
Files: D.10 M.11.23
PF-ZA-00171
Dear Mr. Darbyson:
Re:
Zoning Amendment Application AM-2612001
Gary Patterson
To Permit a Tourist Home
5558 McGrail Avenue
Between Centre and Walnut Streets
City of Niagara Falls
Public Meetin.q Date: October 15, 2001
This application is to permit an additional use in a Deferred Tourist Commercial (DTC)
zone as it affects the subject property. One of 3 existing dwelling units within the
building will provide 3 rooms for tourist home accommodation.
The lands are within the Urban Area Boundaries for Niagara Falls, as established in the
Regional Policy Plan, and full municipal services are available.
Planning staff have reviewed this application relevant to Regional and Provincial
policies and have no objections to the proposed amendment.
Yours truly,
Director of Planning and Development
CWH/ju
C:
Councillor William Smeaton, Regional Municipality of Niagara
Mr. J. Barnsley, City of Niagara Falls
Mr. W. Stevens, Regional Public Works
ch/Darbyson-Patterson.lt r
RECEIVED
SEP 2 5 2001
8~. OEVELOPMEI~'
Dear Sir/Madam
We definitely agree that Mr. Gary Patterson from 5558 McGrail Avenue should get
license for bed and breakfast.
Yours truly,
IVlarko//,~j~Roknic/· ~Z~,~
Milka Zegarac
.e:
McGrail Ave,
Niagara Falls, Ontario
To Planning Dept.:
This is a letter explaining points in opposition to the proposed toudsm home/bed & breakfast on McGrail Ave..
1. According to the overall Tourism Plan (name forgotten at this point), bed & breakfast/tourist homes are reserved
for the area along River Road, between Hiram St. and the Downtown core area. There wasn't any mention of these
tourist homes to be used in this McGrail Ave. area, which is still highly residential.
2. I don't feel that a tourist home should be initiated in this area. There are still many owners living here with
residential housing. We are near parking lots and a few motels - we don't need any more tourist-related places to
suffocate the locals.
3. The proposed toudst home stands out like a sore thumb, against all the other homes in the area. It is a nice-looking
home, but it does not blend in with the rest of the street and area. The Red awning makes it look like a Store or Hotel.
4. I don't think tourist traffic should be increased on our residential streets. It is bad enough putting up with traffic in
the high season, but to have it next door is too much.
5. Will this proposed tourist home increase our taxes? Having a nicely decorated commercial building may force us to
pay more because of location.
6. Parking is always the problem. Where will this tourist home park the patrons' care? There is permit parking only,
on the street. The driveway is not that large.
Overall, there are other negative points. On the good side, it looks like a home being taken care of nicely. However,
around 50 years ago, this whole area was once a free-for-all with rooms for tourists. There was many oroblems with
competition amonq nei_ehboum which included huge signage, bright lights, etc... We do not want this again, it was
decided that the area of River Road, past the Rainbow bridge, would be the locale for toudst homes. To start this trend
again would be disastrous to our area and other areas located near big tourist commercial places.
After 50 years, this McGrail owner wants to start the trend again, towards tourist homes. We got along nicely without
it for that length of time. Please don't start it again - it will be a terrible place to live; not knowing who is staying
next door to you. There are still lots of children around and this is not a good thing for them.
Thank you for reading my points of concem.
A local resident
-1-
OCT 1 12001
The City of
Niagara Fallslll~.
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-2001-87
October 15, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re'
PD-2001-87, Official Plan & Zoning By-law Amendment Applications
AM-27/2001, 4785 Drummond Road
Applicants: Branseombe Family Foundation and
River Realty Development (1976) Inc.
Proposed Office Building
RECOMMENDATION:
It is recommended that:
1)
Council approve the Official Plan and Zoning By-law Amendment applications to permit
the construction of a 5,000 square foot office building at 4785 Drummond Road; and
2)
Council pass the by-laws, included in tonight's agenda, to adopt the Official Plan and
Zoning By-law amendment to implement the proposed development.
THEPROPOSAL:
The Branscombe Family Foundation and River Realty Development (1976) Inc. have requested
amendments to the Official Plan and Zoning By-law to permit the construction of a 5,000 square foot
(465 square metre) office building to house both organizations at 4785 Drummond Road as shown on
Schedule 1. Refer to Schedule 2 for details of the proposal. The subject land is designated Residential
in the Official Plan. A Special Policy is requested to be included in the Official Plan to permit the office
building as an exception to the Neighbourhood Commercial Policies which are applicable to the land
designated Residential. The current zoning of the land is Residential Apartment 5A Density (R5A). The
zoning: of the land is requested to be changed to a site specific Neighbourhood Commercial (NC) zone
with provisions to regulate the development and limit the use of the land to an office building.
}Forking Together to Serve Our Community
Clerk,s Finance · Human Resources Information Systems Legal Planning & Development
October 15,2001 - 2 - PD-200 !-87
CIRCULATION COMMENTS:
Information regarding the application was circulated to City department~, several government agencies
and the public for comment. Comments received to date are noted below or included in Council's
agenda:
Municipal Works
No objections. A 3.05 metre road widening along
Drummond Road and a daylighting triangle with 7.0
metre legs at the intersection of Drummond Road and
Morrison Street will be required at the time of Site Plan
Approval.
Building Division
All required Building Permits to be obtained prior to
commencement of construction. A number of issues are
to be addressed through the site plan approval process.
Fire Department
Fire safety concerns can be addressed through the normal
building permit and site plan approval processes.
Parks, Recreation & Culture
Want to be assured at this time that the Oak tree located
along the boulevard, beyond the southeast comer of the
property, is protected.
Regional Planning
No objections because the proposal does not offend any
Regional or Provincial policies. They do not anticipate
any land use incompatibility-related issues. Access,
parking, buffering and screening issues can be addressed
through the site plan approval process. A tree saving
plan can ensure that, where possible, the most hearty and
desirable trees remain.
PLANNING REVIEW:
The City's Official Plan contains a policy which stipulates the criteria Council is to consider when
dealing with an application to amend the Official Plan. The following statements address these criteria:
1. The site specific amendment conforms to the general objectives of the Official Plan.
The subject land is designated Residential in the City's Official Plan which means that it is
intended to be developed for housing or uses which serve area residents. Uses which serve area
residents include institutional, community and neighbourhood commercial uses. The location of
limited, small-scale, neighbourhood commercial facilities is to be determined during the
preparation of secondary plans or through the subdivision process. The proposal requires a site
specific amendment because neither one of these processes are available to the applicant, or
applicable to the site. The Official Plan can be amended to accommodate a proposal if it has
planning merit. This amendment is not to facilitate the development of a wide range of
commercial and/or retail uses which would have far reaching land use implications, but rather for
a limited office use only.
October 15, 2001 - 3 - PD-2001-87
2. The site is suitable for the proposed use, especially in relation to other sites in the City.
The site is a large treed lot which is currently occupied by a very old single detached dwelling and
an accessory structure. The applicants believe that the site will provide a suitable location and
setting for a signature office and provide the type of environment that will allow the Foundation
to concentrate and focus on their wide ranging philanthropic and community work.
The site is located at the intersection of two arterial roads that provide direct north-south and east-
west access to various parts of the City, Region and beyond. As a result, the site is in a very visible
location and readily accessible.
Although the land has been zoned for an apartment building for over 20 years, the land has never
been developed. The proposed development provides an opportunity to maintain a greater amount
of landscaped open space on the site compared to what would be realized if an apartment building
was developed on the site in accordance with the current zoning.
Very few comparable sites in the City have the noted attributes that would make them more
desirable for the proposed office.
The proposed office would be compatible with the adjacent land use designations and
natural resources. No adverse land use impacts are expected.
Drummond Road and Morrison Street separate the subject land from detached dwellings and an
apartment building to the south and detached dwellings to the east. The site is surrounded on its
northerly and westerly sides by Ecole LaMarsh secondary school. Therefore, no land use conflicts
are anticipated.
Although a commercial presence has been established across the street with the Mullen's Garden
Centre, the applicants have designed an office building that will have a stately residential
appearance.
The building is proposed to have a cut limestone veneer and a generous pitched roof to give it a
historic/classic appearance.
'The applicants intend to retain as many healthy, mature trees that exist on the site. Those trees
:nearing the end of their life expectancy or in the way of the building or required parking lot will
ihave to be removed. According to the landscaping plan (Schedule 3) submitted with the site plan
application, the site will be generously landscaped.
'rhe applicants have desired to construct the proposed offices in this location for a number
of years.
The applicants, River Realty and the Branscombe Family Foundation, currently have their offices
at 6746 Morrison Street within a commercial/industrial plaza owned by River Realty. These
offices are currently located approximately 2,000 feet (600 metres) west of the subject site. River
Realty is a company which develops residential subdivisions and a variety of commercial and
industrial projects. The Branscombe Family Foundation is a charitable organization which was
started by Frank and Mildred Branscombe in 1977. The foundation contributes to the hospitals,
various community projects and scholarship programs within the Niagara Region.
October 15, 2001 - 4 - PD~2001-87
The subject property was not available when the applicants originallybuilt their existing office 16
years ago. Since then, the Foundation has separated their office space from River Realty. For
many years, it has been the applicant's wish to acquire the subject property and to construct a
permanent signature office building.
Lands in the City currently designated for the proposed use are not as desirable as the
subject site.
The City has a number of major and minor commercial districts as well as neighbourhood
commercial plazas where offices Could be located. River Realty owns several commercial and
industrial plazas in the City where these offices could be located. However, these developments
do not provide the type of setting desired by the applicants for their offices.
Municipal services, facilities and transportation systems are adequate to service the
development.
Municipal services available in the area are adequately sized to support the development.
Sidewalks exist on both frontages of the subject lands to accommodate pedestrians. A more
detailed servicing review will take place at the site plan approval stage of development.
Both Morrison Street and Drummond Road are City road allowances. Mordson Street is wide
enough to service the City's future needs. Through the site plan approval process the City will
require the dedication of a 3.05 metre road widening strip along the land's frontage on Drummond
Road and a daylighting triangle with 7.0 metre legs to facilitate safe sight lines. The design of the
parking lot will be reviewed during the site plan review process to explore whether there are ways
to curtail traffic from using the site to avoid the intersection.
7. The development of the land will add to the commercial tax base without a cost to the City.
The subject land has sat underutilised for many years while municipal services have been available
to develop it. The proposed development has merit from a planning perspective and will add to
the City's tax base without a cost to the City. The development will also generate revenue through
the building permit process.
The requested zoning amendment is appropriate because it will be tailored to the proposed
development only.
The subject land is currently zoned Residential Apartment 5A Density (R5A). The zoning of the
land is requested to be changed to a site specific Neighbourhood Commercial (NC) zone. The
amending by-law, which appears in Council's agenda for adoption, is in keeping with the site
specific Official Plan policy proposed for the land which also appears in Council's agenda for
adoption. The by-law has been tailored to the proposed development and will limit the use of the
land to offices only. Unlike most NC zones the amending by-law includes a provision which will
require 45% of the site to be in the form of landscaped open space. Typical commercial
developments have approximately 15% landscaped open space. The higher landscaping standard
will ensure the development is in keeping with the residential character of the surrounding
neighbourhood.
October 15, 2001 - 5 - PD-2001-87
CONCLUSION:
· The application proposes the inclusion of a Special Policy in the Official Plan to permit an office
building on the land.
· The amendment conforms to the general objectives of the Official Plan.
· The site is suitable for the proposed use.
· The proposed office would be compatible with the adjacent land use designations and natural
resources. No adverse land use impacts are expected.
· The applicants have desired to construct the proposed offices in this location for a number of years.
The land recently became available.
· Lands in the City currently designated for the proposed use are not as desirable as the subject site.
· Municipal services, fimilities and transportation systems are adequate to service the proposed
office.
· The development will add to the commercial tax base without a cost to the City.
The requested zoning amendment is appropriate because it is tailored to the proposed development
only.
Prepared by:
Ken Mech
Manager of Current Planning
Respectfully submit~;dT""~
Edward P. Lustig /
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
KM:mn
Attach.
FILE: S :~PDR~2001 ~PD2001-8Twpd
SCHEDULE 1
LOCATION MAP
Subject Land
Morfison SL
Amending Official Plan & Zoning By-law No. 79-200
4785 Drummond Road
Part of Township Lot 96
Former Township of Stamford,
now City of Niagara Falls
AM-27/2001
Applicant: River Realty
Branscombe Family Foundation
SCHEDULE 2
GNO~W,9~G
!1
G¥08
o
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara , ........... ~..~'~'V--"~'r:~" ~.
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
September 25, 2001
Mr. Doug Darbyson, MCIP, RPP, Director of Planning
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6S5
File: D.10 M.11.21
D.10 M.11.23
PF-ZA-00156
PF-OPA-0028
Dear Mr. Darbyson:
Re,:
Official Plan and Zoning Amendment Application
AM-27/2001, River Realty
To Permit a Realty Office in Residential Area
Northwest Corner of Drummond Rd. and Morrison St.
City of Niagara Falls
Public Meeting Date: October t5, 2001
The above noted application is to permit a realty office building to be added to the Branscombe
Foundation building located on the subject lands at the northwest corner of the intersection of
Drummond Road and Morrison Street.
The subject lands are located within the Urban Area Boundaries for Niagara Falls, as
established in the Regional Policy Plan, and full municipal services are available.
While it appears to be a local issue, Planning staff have reviewed this proposal and are of the
opinion that, given the surrounding uses, there should be little if any incompatibility-related
issues. The site is surrounded by a mix of uses including a school, an apartment building, retail
and Iow density residential development. From the Iow profile of the proposed building and Iow
traffic volume generated by the proposed realty office, it appears that the proposed use would
have minimal impact upon the area.
This proposal does not offend relevant Regional or Provincial policies and, therefore, Regional
Planning staff have no objections to the proposed amendment.
It is anticipated that any issues related to access and egress, parking, buffering and screening,
landscaping, etc., will be satisfactorily addressed during the site plan approval process. A tree
saving plan can also ensure that, where possible, the most hearty and desirable trees remain.
C;
Councillor William Smeaton, Regional Municipality of Niagara
Mr. John Barnsley, Planner, City of Niagara Falls
Mr. W. Stevens, Regional Public Works
chlDarbyson-River
SEP 2 7 2001
iP~NNtNG
& DEVELOPMENT
NIA~A
PUBLIC WORKS DEPARTMENT
OPERATIONAL SUPPORT SERVICES
The Regional Municipality of Niagara
2201 St. David's Road W., P.O. Box 1042
Thorold, Ontario L2V 4T7
October 2, 2001
Mr. Doug Darbyson
Director of Planning and Development
City of Niagara Falls
Dear Sir:
Official Plan and Zoning By-law Amendment Application (AM-27/2001)
Applicant: River Realty/Branscombe Family Foundation
Proposed: To Permit the Construction of a 4,600 SF Office Building
Location: 4785 Drummond Road
In the City of Niagara Falls
Our File: D.10.000.2 (ID#553/01)
We have no objection to the above-referenced zoning by-law amendment application.
There is an existing local watermain and a 500 mm diameter Regional trunk watermain located
within Drummond Road. The service connection should be from the local watermain and not
to the Regional trunk watermain.
Yours truly,
William J.
Development & Approvals Manager
VD/em
L:LEngineering-Planning-and-Development\Dopke-Vic\Niagara Falls\3957.d.darbyson. city of niagara falls.doc
c: Carl Held
RECEIVED
OCT o 4 2001
PLANNING
~ &OEYEL, OPMENT _
Phone: (905) 685-1571 Fax: (905) 687-8056
1-800-267-7215 Website: www.regional.niagara.on.ca
Canadian Propri6',,~s
National ferroviaires du
Railway Canadien
I'napertie~ Inc, National Inc
277 Fren! ~eet West
Fbor l
Torot~t~, On~
MSV 2X?
Telephone! (416) 217-6961
T~l~p~ne~ (416) 217-6961
¥~l~cgpleur: (416) 217-6743
V~A FACSXMZLB - (905) 356-9083
October 4, 2001
Your File: AM-27/2001
Our File: TZ~4500~N-04
Mr. Doug Darbyson
Director of Planning & Development
City of Niagara Falls
P.O. Box [023, 4310 Queen street
Niagara Falls, Ontado
L2E 6X5
Dear Mr. Darbyson:
Proposed Official Plan and Zoning By-Law Amendment
478~ Drummond Road
We have reviewed your letter dat~zd September 14, 2001, regarding the above noted
application and offer no objections.
Should you require any further questions, please do not hesitate to contact me at
(416)217-696~,
Yours truly,
Geoff Woods
Development Review Coordinator
RECEIVED
OCT 1 1 2001
':~LANNING
& DEVELOPMENT
A wfl~lly ow.~4 sub~kliar/of Can adla~i Nafloll al Railway Company / une flllale eT~ propd~t~ exdml~ 4e la Cempegnle des chemir~ de (er natlo~ d~ Canada
The City of ~f~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
Tek (905) 356-7521
Fax: (905) 356-2354
E-math planning@city.niagarafalls.on.ca
October 15, 2001
Doug Darbyson
Director
PD-2001-92
His, Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-92, Zoning By-law Amendment Application
AM-28/2001, 5595 Drummond Road
Applicant: Falls Masonry Limited
Agent: Italia Gilberti
Proposed 27-Unit Townhouse Condominium
Development on the Subject Lands
RECOMMENDATION:
It is recommended that:
1)
Council approve the Zoning By-law amendment application to rezone the lands from
the Residential Apartment 5B Density zone (R5B) to a site specific Residential Low
Density Grouped Multiple Dwelling zone (R4) to permit a 27-unit townhouse
development on the subject lands; and
2) The amending zoning by-law contain site specific regulations to permit the following:
The rear yard set back to the townhouses along the west lot line to be reduced
to 7 metres (23 feet) for a one-storey townhouse dwelling.
The minimum distance between each building, where the exterior walls contain
windows, to be reduced to 14.7 metres (48.5 feet).
PROPOSAL:
Falls Masonry Limited has requested an amendment to the Zoning By-law to rezone the subject lands
from the Residential Apartment 5B Density zone (R5B) to a site specific Residential Low Density
Groaped Multiple Dwellings zone (R4) to permit a townhouse development. The project was
recently reduced from 28 units to 27 units. The subject lands are located at 5595 Drummond Road,
near Frederica Street (see Schedule 1).
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
October 15,2001 - 2 - PD-2001-92
A total of 27 units is being proposed in 5 blocks, accessed by a T-shaped road. Four of the blocks
run perpendicular to Drummond Road, while the fifth block is parallel to Drummond Road toward
the rear of the property (see Schedule 2). The units are a mix of one storey and two storey dwellings.
Along the west lot line, the rear yard set back is proposed to be 7.0 metres (23 feet) as opposed to
the normal R4 zone setback of 7.5 metres (24.6 feet). Additionally, the separation distance between
townhouse blocks 2 and 4 and block 3 is proposed to be reduced from 14.7 metres (48.5 feet) from
15 metres (49.2 feet).
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 in
Cotmcil's agenda.
Municipal Works
A 10 foot widening along the full frontage of
Drummond Road is to be dedicated at the time
of site plan approval.
Building & By-law Services
Building related issues can be addressed at the
site plan and building permit stages.
Fire Services
Fire safety concems can be addressed at the
site plan and building permit stages.
Parks, Recreation & Culture
5% cash-in-lieu of parkland dedication to be
obtained at condominium registration.
· Regional Municipality of Niagara
No objections.
PLANNING REVIEW:
1. The proposal complies with the intent and purpose of the Official Plan.
The subject lands are designated Residential in the Official Plan. The proposed development
meets the policies and the general intent of the Official Plan.
Existing development in the area is primarily single detached dwellings. To the north of the
subject lands there are low rise apartment buildings. To the south there are institutional uses.
East and west of the site are single detached dwellings.
The Official Plan encourages community planning districts to have a mix of single and
multiple unit residential in order to have a variety of dwellings available to residents. The
proposed development would improve the diversity of units in the area by introducing
townhouses to the current apartment/single detached dwelling mix.
October 15,2001 - 3 - PD-2001-92
Higher density developments are to be directed toward properties having access onto
collector and arterial roads and Drummond Road is an arterial road. The site is an
appropriate transition from Drummond Road to the low density residential uses to the west.
The Official Plan calls for new development to be integrated with and compatible with
existing development. Although an apartment building permitted under existing zoning
could be designed to be compatible with existing detached dwellings, a low rise townhouse
development would fit in with existing development as the units would have the appearance
of houses. The proposal features many one-storey dwellings and ample landscaping,
particularly along Drummond Road, and this design will help the proposal be compatible
with existing developments.
At the site plan stage additional measures will be considered to ensure.the development is
compatible with existing single detached developments. It is recommended that the 2 units
nearest to Drummond Road be oriented out to Drummond Road to reflect existing single
detached dwellings along the street and that extensive landscaping be utilized.
The rezoning from the higher density R5B zone to the R4 zone represents a "downzoning"
that would not increase any impacts on surrounding uses and therefore is considered
acceptable.
2. The requested zoning is appropriate for the development.
The applicant is proposing a rear yard setback of 7 metres (23 feet) for the dwelling units
along the westerly property line, whereas the R4 zone requires a setback of 7.5 metres (24.6
feet). The reduced setback is proposed to develop bungalows with a larger footprint in this
block of townhouses. The reduction in the setback is considered minor, provided the units
with the reduced setback are built as one-storey dwellings. In fact, the Leonard
Avenue/Division Street area is dominated by bungalows, so one-storey townhouses would
be compatible with the surrounding development. The amending by-law should have
controls ensuring this.
The applicant is also proposing a reduced separation distance between blocks 2 and 4 and
block 3, from 15 metres (49.2 feet) to 14.7 metres (48.5 feet). This setback is intended to
create a spacious townhouse layout and to provide for ample landscaping. However, the
proposed reduction is small enough that it will not have a visual impact.
CONCLUSION:
The requested amendment can be supported for the following reasons:
The proposed development complies with the intent and the purpose of the Official Plan.
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
5595 Drummond Road
Part of the North Part of Lot 34, the South Part of Lot 34
(on the west side of the road allowance in front of
Township lots 125 & 131, Drummond Road)
Plan 2 (Major Leonard Plan) & Part of the unopened road allowance
between Stamford Township Lots 125 & 131
City of N:[agara Falls
Regional Municipality of Niagara
AM-28/2001
I:NTS
Applicant: Falls Masonaty Ltd, ~'
SCHEDULE 2
Leonard
Avenue
®
Drummond
Ro~l
PLANNING AND DEVELOPMENT
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
September 21, 2001
Files: D.10 Mll.23
PF-ZA-00170
Mr. Doug Darbyson, MCIP, RPP
Director of Planning
City of Niagara Falls
4310 Queen Street
Niagara Fails, ON L2E 6S5
Dear Mr. Darbyson:
Zoning Amendment Application AM-281200t
Falls Masonary Ltd.
To Permit Townhouse Development
West Side of Drummond Rd., West End of North St.
City of Niagara Falls
Public Meeting Date: October 15~ 200t
This application is to permit rezoning from Residential Apartment (R5B) to Residential Low
Density Grouped Multiple Dwellings (R4) zone. Whereas the R5B zone permits only apartment
dwellings, the R4 zone would permit the proposed 28-unit townhouse condominium
development or an apartment dwelling on the subject lands.
To the north of the subject property there are apartment dwellings and to the west, south and
east the predominant use of lands is for single family detached dwellings. The proposed
townhouses could provide a transition of density between the existing apartment buildings and
single-family homes.
The lands are within the Urban Area Boundaries for Niagara Falls, as established in the
Regional Policy Plan, and full municipal services are available. Planning staff have reviewed
this application relevant to Regional and Provincial policies and have no objections to the
proposed amendment.
It is anticipated that the site plan approval process will ensure that sufficient landscaping,
screening, parking, appropriate access and egress, etc., will be addressed.
Yours truly,
CWH/ju
C:
Councillor William Smeaton, Regional Municipality of Niagara
Mr. J. Barnsley, City of Niagara Falls
Mr. W. Stevens, Regional Public Works
RECEIVED
SEP 2 5 2001
P NNING
October 2, 2001
PUBLIC WORKS DEPARTMENT
OPERATIONAL SUPPORT SERVICES
The Regional Municipality of Niagara
2201 St. David's Road W., P.O. Box 1042
Thorold, Ontario L2V 4T7
Mr. Doug Darbyson
Director of Planning and Development
City of Niagara Falls
Dear Sir:
Zoning By-law Amendment Application (AM-28/2001)
Applicant: Falls Masonary Ltd.
Proposed: To Permit a 28-Unit Townhouse Condominium Development
Location: 5595 Drummond Road
In the City of Niagara Falls
Our File: D.10.000.2 (ID#554/01)
We have no objection to the above-referenced zoning by-taw amendment application.
There is an existing local watermain and a 500 mm diameter Regional trunk watermain located
within Drummond Road. The service connection should be from the local watermain and not
to the Regional trunk watermain.
Yours truly,
William J. ~
Development & Approvals Manager
VD/cm
L:\Engineering-Planning-and-Development\Dopke-Vic\Niagara Falls\3956.d.darbysoll.city of niagara fails.doc
c: Carl Held
RECEIVED
OCT 0 4 2001
PLANNING
Phone: (905) 685-1571 Fax: (905) 687-8056
1-800-267-7215 Website: www.regional .niagara .on.ca
September 20, 2001
BARRISTEIL~ ,~ ~{H.IcI'roRs
DELIVERED
~ ONTARIO AVENI]E
POST OFFICE BOX 8F/
NIAGARA FALLS, 0PrXRI0
CANADA L2E 6V6
T~ (905) a56-Z621
FAX (905) 356-6904
J.J. BRODERICK,
Q.C., L.S.M.
WA. AMADI0
J.B. HOHilNS
G.A. KIRKHAM
LM. GILBERTI
it. B. BURNS
D.F. MARINELLI
0945.1997)
Building Department
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention: Mel Brown, Chief Building Official
Dear Sir:
Re:
Falls Masonry Limited
Townhouse Condominium Project
5595 Drummond Road, Niagara Falls
City File No. AM-28/2001
We are the solicitors for Falls Masonry Limited, the owner of the lands
municipally known as 5595 Drummond Road which are currently vacant
lands. Our client has submitted an Application to Amend the Zoning By-
law and has requested that the Zoning be amended from RSB to R4S.P.
Our client proposes to construct 28 Townhouse Condominium units on
the subject lands.
Our client has requested that you consider, upon the successful re-
zoning of the subject lands, deferral of payment of the Development
Charges required pursuant to the proposed development of the subject
lands until occupancy is permitted by you upon final completion of the
construction. In the alternative, we kindly request that you consider a
Development Charge instalment payment plan whereby our client would
pay the Development Charges in instalments at the various stages of the
construction.
As you are aware, the Development Charges pertaining to the proposal
will be significant and these are not the type of charges that the
developer can finance through a financial institution, Accordingly, any
-2-
accommodation that can be made would ease the financial burden the developer will
be facing upon its submission of the Building Permit Application.
We kindly request that you consider our client's proposal and advise the undersigned
at your earliest convenience. If this matter requires Council's consideration, we kindly
request that this matter be referred to Council, if at all possible, at the same time the
Zoning By-law Amendment Application is being considered, namely October 15,2001.
We thank you for your assistance.
Yours very truly,
BRoD..~~_C~K & P'A/RTNERS
c.c. - Mr. John Barnsley, Planner 2
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
October 15,2001
Hi,,; Worship Mayor W. Thomson
anti Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Doug Darbyson
Director
PD-2001-94
Re:
PD-2001-94, Zoning By-law Amendment Application
AM-25/2001, 7439 Lemon Road
Applicants: Terry & Jacqueline White
Agent: Gary Cook & Associates
RE[COMMENDATION:
It is recommended that Council approve the requested amendment to the Zoning By-law to
preclude the residential use of Part 1.
PROPOSAL:
The applicant proposes the severance of a lot containing a surplus farm dwelling known municipally
as 7439 Lemon Road with the balance of the land remaining for agricultural use. The property is
located on the north side of Lemon Road extending between Montrose Road and Willodell Road as
shown on Schedule 1. The proposed configuration of the lots is shown as Part 1 and Part 2 on
Schedule 2. The majority of the land is zoned Rural, with land surrounding a creek on the property
zoned Conservation-Open Space, both in accordance with Zoning By-law 395/66, as amended. Thc
applicant has requested a provision be added to the Rural zoning classification to preclude the
resiidential use of Part 1.
BACKGROUND:
In July 2001, the City's Committee of Adjustment granted approval to Consent Application
B35/2001/NF to dispose of a surplus farm dwelling (Part 2). This approval is subject to several
conditions. The requested amendment addresses a Regional condition to rezone Part 1 for
agricultural purposes only.
CIRCULATION COMMENTS:
Information on the requested zoning amendment was circulated to City departments, the Region,
agencies and the public for comment. The following summarizes the comments received.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
October 15, 2001 - 2 - PD-2001-94
Regional Planning
No objection to the application.
Municipal Works
No objection. Conditions of the consent application address
road widening requirements.
Parks, Recreation & Culture - No objection to the proposed amendment.
PLANNING REVIEW:
Various matters were considered in assessing the zoning amendment. Based on this analysis,
approval is recommended. The review of the application is summarized as follows.
The proposal meets the general intent and purpose of the Official Plan.
The City's Official Plan designates the mai ority of the subject land as Rural (Willoughby Township).
A watercourse on the site is designated Environmental Protection Area. The predominant use of
land in the Rural designation is for agriculture with non-farm dwellings only permitted on a limited
scale. The City's policies must comply with the upper tier Regional Policy Plan. The land is
designated Good General Agricultural Area by the Region where the disposal of a surplus farm
dwelling is permitted subject to certain criteria and conditions. The applicants qualify for the
severance as they are full-time farmers and own several agricultural properties in the area. The
Region requires that Part 1 be rezoned to preclude any residential use. This 19.9 hectare (49 acre)
remnant parcel will remain for agricultural use addressing an Official Plan goal to preserve larger
tracts of land in the Rural area.
CONCLUSION:
The requested zoning amendment will satisfy a condition of approval for the severance of a surplus
farm dwelling. Regional policies allow for such severances under certain conditions and subject to
the remnant land being rezoned for agricultural use only.
Richard Wilson
Planner 2
Res ectfully submit,ted;,
Edward P. Lustig J
Chief Administrative Officer
Recommended by:
Doug~Dar y ~-~
son
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:am
Attach. FILE:S :~PDR~200 BPD2001-94.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Gonder Road
Lemon Road
-'~ Sauer Roa
Amending Zoning By-law No. 395/66
Part of Lot 5, Concession 7
Township of Willoughby,
now in the City of Niagara Falls
AM-25/2001
Applicant: Terry & Jacqueline White
I:NTS
SCHEDULE 2
September 21,2001
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
Files: D.10 M.11.23
PF-ZA-08771
Mr. Doug Darbyson, MCIP, RPP
Director of Planning
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6S5
Dear Mr. Darbyson:
Re;
Zoning Amendment Application AM-25/2001
Terry and Jacqueline White
Agriculture Purposes Only
North Side of Lemon Road
Between Montrose (Reg. Rd. 98) and Willowdell Roads
City of Niagara Falls
Public Meeting Date: October 15~ 2001
The above noted application has been made due to a condition of consent to sever a
surplus farm dwelling. The intent of the amendment is to ensure that a dwelling will not
be located on the remaining farm pamel which contains approximately 19.92 hectares
(49.24 acres). The lands are designated Good General Agriculture in the Regional
Policy Plan.
Planning staff reviewed the related consent application (B35/2001NF) and had no
objections from a Regional or Provincial Planning perspective subject to the rezoning of
the, retained parcel to "Agricultural Purposes Only" and therefore have no objections to
this purposed amendment.
Yours truly,
CWH/ju
Development
C:
Councillor William Smeaton, Regional Municipality of Niaga
Mr. R. Wilson, Planner, City of Niagara Falls
Mr. W. Stevens, Regional Public Works
chlDarbyson-White-ltr
RECEIVED
SEP 2 5 2001
PLANNING
& DEVELOPMENT
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-maih planning@city.niagarafalls.on.ca
October 15, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Doug Darbyson
Director
PD-2001-89
Re: PD-2001-89, Proposed Change to Amending By-law
Zoning By-law Amendment Application AM-16/2000
Vegter Estates Draft Plan of Subdivision
Owners: Jack & Diane Vegter
RE, COMMENDATIONS:
It is recommended that:
1)
Council determine through resolution that the changes proposed to the amending by-
law do not require the giving of further notice prior to its passing; and
2)
Council pass the amending by-law included in tonight's agenda to permit the
development of the residential plan of subdivision.
BACKGROUND:
Council approved an application on February 12, 2001 to amend the Official Plan and Zoning By-
law, and also grant draft plan approval to the Vegter Estates plan of subdivision (26T-11-2000-04).
The subject land is 1.166 hectares (2.88 acres) in area and located at the northwest comer of Thorold
Stone Road and Kalar Road. The plan consists of 11 new single-detached lots in a cul-de-sac design
with access to Kalar Road and 1 block containing an existing dwelling (3911 Kalar Road).
Amendments to the Regional Policy Plan to include the land in the urban area and to the City's
Official Plan to change the designation to Residential have been finalized. The subdivision is draft
approved subject to several conditions. The rezoning of the land is the last planning approval needed
for this residential development.
Approval in principle was given for a zoning change from A (Agricultural) to RID (Residential
Single Family) with an exception to the technical definition of lot frontage to address the widening
angle of lot lines on the cul-de-sac bulb. As a condition of subdivision approval, the City imposed
a road widening of 3 metres (approximately 10 feet) along Kalar Road. However, the submitted
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems · Legal Planning & Development
October 15, 2001 - 2 - PD-2001-89
subdivision design did not incorporate this road dedication. The widening will affect the lot frontage
of the 2 comer lots in the plan layout. The minimum lot frontage for a comer lot in the RiD zone
is 18 metres (59.1 feet) whereas the resulting lots would have a frontage of 15 metres (49.2 feet)
which is equivalent to the R1E zoning requirement. The subdivision provides moderately-sized lots
that contribute to the mix of lots in the area. This reduction to the comer lot frontage is acceptable
from a staff perspective to permit the development of the plan as proposed. Suitable dwelling
designs for these 2 lots will need to be selected to maintain the sideyard setback from Kalar Road.
Increased dwelling setbacks from Thorold Stone Road were achieved in developments to the east
and are appropriate in this location to protect the streetscape along this arterial roadway. Through
discussions with the owners' agent, a minimum rear yard depth of 11 metres (36.1 feet) is proposed
adjacent to Thorold Stone Road compared to the approved minimum of 7.5 metres (24.6 feet).
In accordance with Section 34 (17) of the Planning Act, where a change is made in a proposed by-
law after the holding of the required public meeting, Council shall determine whether any further
notice is to be given in respect to the proposed by-law. If Council agrees that the changes are minor
and within the intent of the initial approval, the appropriate resolution and amending by-law are
included in tonight's agenda.
CONCLUSION:
Staffhas no objection to the changes to the proposed amending by-law. The overall configuration
and number of lots in the residential plan of subdivision are not altered and the reduction to the
comer lot frontage is acceptable. The increased dwelling setback fi'om Thorold Stone Road is
desirable. Council should confirm that no further notice is to be given.
Richard Wilson
Planner 2
Recommended by:
Doug Darbyson
Director of Planning & Development
Edward P. Lustig )
Chief Administrative Offi.~
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:am
Attach.
FILE: S:~PDR~2001~PD2001-89,wpd
Official Plan & Zoning By-Law Amendment
Proposed Plan of Subdivision
Vegter Estates
26T-11-2000-04 & AM-16/2000
Location Map
Subject Land
1: NTS
The Ci'ty of ,~//'~kf
Niagara Fall, lll~
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Fails, 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
October 15, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-91, Update on Development
Occurring in the Garner Neighbourhood
RECOMMENDATION:
Doug Darbyson
Director
PD-2001-91
It is recommended that Council authorize the updating of Schedule 2 of the Garner Neighbourhood
Secondary Plan as delineated in this report.
BACKGROUND:
The Garner Neighbourhood Secondary Plan received Council approval on October 20, 1997. The plan,
which was developed with significant public input, provides a guiding framework for how residential
development and supporting land uses should occur in the plan area. The plan provides policies for
protect/lng significant natural features and using naturalized overland storm water management features
to create open space linkages for passive recreational use within the plan area.
Development to Date:
To date., the residential development is occurring west of Kalar Road, north of McLeod Road as part of
the Garner Estates subdivision. Work has commenced on the second phase. In addition, a combined
public/separate elementary school along Kalar Road, north of McLeod Road, south of the hydro conidor
has been established.
Compliance With the Plan:
The location of the existing combined elementary school complies with the Garner Neighbourhood Plan
although the plan envisioned two side by side elementary schools. The residential development currently
taking place also complies with the intent of the plan's policies.
The implemented approach for dealing with storm water north of McLeod Road complies with the policy
intent of the plan, but differs from the illustrated concept shown on Schedule 2. The policies promote
naturalized overland storm water systems to treat water quantity and quality, as well as provide passive
open space recreational linkages. Schedule 2 of the plan shows a two armed storm water system north of
McLeod Road to allow the east-west draining of lands in addition to north-south drainage. Through more
specific engineering design for the Garner Estates subdivision, the overland system design has been
Working Together to Serve Our Community
Clerk',.; Finance Haman Resources Information Systems Legal Planning & Development
October 15,2001 - 2 - PD-2001-91
changed to one north-south linear corridor. It is felt this design is still in compliance with policy intent
as it provides appropriate drainage requirements and greater north-south linkage capabilities. Therefore,
the "revised Schedule 2" shows the overland drainage system having a single retention pond which is
starting to be initiated.
Schedule 2 shows a high school on the west side of Kalar Road, north of the Hydro Corridor. The
Separate School Board plans to locate the secondary school, with abutting chumh, to the north side of
McLeod Road just east of Garner Road. The policies encourage schools to be located along major
roadways, north of McLeod Road in locations which serve the neighbourhood, are central to the
community, and are linked by open space networks for pedestrian safety and accessibility. The new
location of the secondary school satisfies these objectives.
Due to the change in location of the school site, the Parks, Recreation and Culture Division has requested
a small neighbourhood park be situated to the northwest of the new school site on McLeod Road. The new
location of the park is shown on the revised Schedule 2.
The revised Schedule 2 also reflects all the natural features which require protection because of their
Provincial status. These wet/woodlots are considered to be part of a Provincially Significant Wetland
Complex. The Garner Neighbourhood Secondary Plan required these features to be evaluated as to their
wetland significance and protected if they were Provincially Significant. Since a comprehensive wetland
evaluation was done as part of the Warren Creek Watershed Master Plan and the complex was determined
to be Provincially Significant, all the wet/woodlots within the complex or as evaluated by the Ministry of
Natural Resources are reflected on the map for protection.
The above changes have also required corresponding changes to the conceptual road network. Studies
would be required to determine the feasibility of extending necessary roads through wetland areas.
Principal road patterns, as illustrated on the revised Schedule 2, better depict existing and proposed
development patterns.
CONCLUSION:
The above noted map changes reflect the pattern in which development is occurring and will continue to
occur in the plan area and thus represent an update to the conceptual plan. Changes which have been made
to the map schedule are in keeping with the policy intent of the plan.
Pr/e~ed by: _ .~Jr~
ave Heyworth
Planner 2
Recommended by:
y~on-~''''P
Director of Planning & Development
Appro/6ed,by:,q
Tony Ravenda
Executive Director of Corporate Services
Respgqt fully~' /~ ~"/submitted:
Edward P. Ltistig
Chief Administrative Officer
FILE:S:~PDR~2001 ~PD2001-91 .wpd
GARNER SECONDARY PLAN SCHEDULE 2
LUNDYS LANE
LEGEND
~-~CONCEPT PLAN
LAND USE
GARNER SECONDARY PLAN REVISED
SCHEDULE 2
LUND~$LA~IE
MCA,EOD ROAD
I: 25,000
LEGEND
~CONCEPT PLAN
LAND USE
The City of ~1~,
Niagara Falls lJ~l~
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-maih planning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2001-93
October 15,2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-93, City of Niagara Falls Comments on
the Five-Year Review of Provincial Policy Statements
RE!COMMENDATION:
It is recommended that Council authorize staff to forward the attached letter to the Ministry
of Municipal Affairs as representing the City's comments on the five-year review of the
Provincial Policy Statements.
BACKGROUND:
The attached letter provides comments which seek clarification on certain issues while requesting
additional direction on other matters. For example, clearer Provincial direction is requested to better
determine significant natural features such as woodlots, for servicing rural estate development, for
ground and surface water quality and quantity, and for public health safety concerns such as risk
management.
It :is recommended the "Smart Growth" concept be better represented in Provincial policy
incorporating concepts such as Brownfield developments.
As Council is aware, the City must have "regard to" Provincial Policy Statements when making
decisions on planning applications. Further direction on what flexibility "regard to" provides should
be incorporated into the Planning Act and/or policy statements. Furthermore, the policy statements
should clarify and reinforce that policy statements should not be considered in isolation of one
another but should be considered in a balanced comprehensive way while having regard to local
circumstances.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
October 15, 2001 - 2 - PD-2001-93
CONCLUSION:
The attached letter provides more detail on the above mentioned points. It is recommended this
letter be forwarded to the Province for their review.
Prepared by:
Dave Heyworth
Plmmer 2
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
DH:tc
Attach.
Respectfully submitted:
Chief Administrative Off, er
FILE: S APDR~2001 \P D2001-93.w~pd
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.cJty.niagarafaJls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maiJ: planning@city,niagarafalls.on.ca
October 12, 2001
Doug Darbyson
Director
Provincial Policy Statement Review Project
Provincial Planning & Environmental Services Branch
Mi]fistry of Affairs and Housing
14t~, Floor, 777 Bay Street
Toronto, ON M5G 2E5
Dear Sir/Madam:
Re: Five-Year Review of Provincial Policy Statements
The City of Niagara Falls Planning and Development Department welcomes the opportunity to
comment as part of the Five-Year Review of the Provincial Policy Statements. Please consider the
following comments as part of your review:
As indicated in the Policy Statements, Section 3 of the Planning Act requires that planning
authorities "shall have regard to" policy statements issued under the Act when making
planning decisions. There is no formal definition of "have regard to" in either the Planning
Act and/or Provincial Policy statements. While policy statements on issues such as wetlands
are clear, it is more unclear what flexibility "regard to" incorporates compared to the wording
"shall comply with" which is more definitive.
Informally, it is recognized decision makers are obliged to consider specific policies when
carrying out planning objectives in the context of other planning objectives and local
cimumstances. However, what flexibility does this provide in dealing with policy statements
which make a clear statement, such as no development within Provincially Significant
Wetlands? If such wetlands were recently evaluated and are in an urban growth area on
lands historically designated and zoned for development, could limited development
opportunities be considered while maintaining the overall integrity of the system? The policy
statements say "no development within" but do the words "regard to" provide flexibility?
The policy statements provide clear definitions of what constitutes some Provincially
significant features, such as wetlands which must be evaluated by a Provincial system and
approved by the Province. However, other natural features, for example woodlots, are not
given a clear definition. The Province has provided guidelines which municipalities can
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems · Legal Planning & Development
-2-
consider for delineating the Provincial significance of these features, however, the
municipalities can develop approaches which achieve the same objectives. This approach
may give municipalities some flexibility but is a burden to municipalities which do not have
technical expertise and does not establish a level playing field of Provincial significance
across the Province~
Given the recent problems in Walkerton with the ground water contamination, the policies
on water quality and quantity need to be expanded with greater direction and guidance to
municipalities provided.
With all the recent attention directed at the "Smart Growth" concept, stronger policies should
be developed focussing on this concept. There should be a stronger emphasis and priority
on developing under-utilized lands (brownfield sites) within the existing urban area. Policies
should be developed and strengthened to encourage alternative modes of transportation to
the automobile, such as recreational and commuter bike paths linking housing developments
with parks and schools.
Provincial Policy Statements encourage the provisions of affordable housing without giving
a minimum municipal requirement which must be met. While Niagara Falls is of the opinion
it still meets the previous 30% criteria the Province should closely monitor the provision of
affordable housing throughout the Province to determine if the policy needs to be
strengthened.
It is agreed that prime agricultural areas should be protected. However, the Province should
review what truly constitutes prime agricultural lands. Currently, soils are the only
delineating criteria. Other criteria for defining a prime agricultural area should include land
fragmentation, historical development patterns, agricultural production and required
investments, such as tile drainage to achieve suitable agricultural output.
Clarification should be provided with respect to the policies on servicing rural development.
The policies basically say communal services are the preferred way of servicing multiple lot
development in areas where municipal services are not present. If communal services are
not feasible then individual systems can be considered where site conditions warrant. There
is no clarification of "not feasible". Ifa municipality is not willing to assume responsibility
for a communal system due to its potential failure would this constitute a "not feasible"
scenario? If this is the case, then should multiple lot development in these areas be on lots
of at least 2.5 acres in size no matter what hydrogeology studies say or alternatively should
multiple lot development be restricted to under 5 lots? The Province should take a stronger
lead role in rural estate development to maintain the integrity of ground water systems and
the character of rural areas.
While the Province is exempt from Planning Act legislation when developing Provincial
projects, the policy statements should indicate the Province shall have regard to the greatest
extent possible municipal policies, regulations and guidelines which should play a vital role
in the ultimate appearance of the development.
-3-
The Provincial Policy Statements contain a general policywhich states that development and
land use patterns which may cause environmental or public health safety concerns shall be
avoided. The policies should provide greater clarification of potential safety concems, as
well as providing direction on dealing with such concerns. For example, the Ministry of the
Environment has guidelines for dealing with day to day nuisances from industrial operations
but there are not Provincial guidelines on dealing with land use buffers from large chemical
plants with respect to risk management.
Please consider the above comments in your review of the Provincial Policy Statements. If you have
any questions, please do not hesitate to contact me.
Yours truly,
Doug Darbyson
Director of Planning & Development
Ext. 4230
DH:gd
S:\O Pupdat¢.5yr\Comments-5 Year Review.ltr.wpd
Office of the Mayor
Wayne H. Redekop
September 20, 2001
The Honourable Herb Gray, P.C., M.P.
Deputy Prime Minister
Room 209S, Center Block
House of Commons
Ottawa, Ontario
K1A 0A6
Honourable and Dear Sir:
Re: International Bridges
I have had an opportunity to review the correspondence forwarded to you by my
colleagues, Mayors Hurst of Windsor and Bradley of Samia, during the past week, with
respect to the untenable situation at our border crossing as a result of the tragedies which
occurred in the United States on September 11,2001.
While [raft'lC queuing at our border crossings became acute as a result of the incidents
in the United States, traffic queuing is nothing new for our communities and it has caused
considerable disruption and cost to all of us. As my colleagues rightly point out, there have
been significant impacts which go far beyond the costs which our communities bear to
facilitate the movement of the traffic, the costs to local businesses as a result of customers
and clients being unable to cross the borders and the unattractive images which our
communities leave in the minds of the travelling public and the commercial drivers.
The Municipal Council of the Town of Fort Erie passed a resolution at its Regular
Meeting on Monday, September 17, 2001 (a copy which is attached) in support of the
requests raised by Mayors Hurst and Bradley. Furthermore, the resolution, as you can see,
goes on to request the allocation of appropriate human and financial resources by both the
Federal1 and Provincial Governments, as well as the establishment of clear strategies to deal
with t~:affic management at our border crossings on an issue of national significance and
importance.
Mailing Address:
Thc Corporation of the Town of Fort Erie
Municipal Centre, 1 Municipal Centre Drive
Fort Faqe, Ontario, Canada L2A 2S6
Office Hours 8:30 a.m. to 5:00 p.m. Phone (905) 871-1600
Fax(905) 871-4022
The Municipal Corporation of the
Town of Fort Erie
Recommendation of Council-in- Committee
Regular Council-in-Committee Meeting ( X )
Special Council-in-Committee Meeting ( )
Date: September 17, 2001
Moved by: MAYOR REDEKOP
NOW THEREFORE BE IT RESOLVED
THAT: The Town of Fort Erie support the requests of the Cities of Windsor & Sarnia to the federal
government to allocate immediately human and financial resoumes and develop strategies to
address the short-term and long-term implications of the frequent continuing stacking of traffic,
primarily commemial, at all of the major border crossings between Canada and the United
States of America.
THAT:
The Town of Fort Erie also request the Province of Ontario, which is a major beneficiary of
the trade, tourism and commerce which takes place between Canada and the United States of
America, to allocate immediately human and financial resources to the management of
commercial and vehicle traffic at the international border crossings.
THAT: The Town of Fort Erie provide to the appropriate federal and provincial ministries information
including economic impact statistics relative to thc Town's experience with traffic back-ups on
highways and roads leading to the Peace Bridge, and on the Peace Bridge itself, and actions
taken by thc Town and local agencies, both public and private to create and implement traffic
management measures to ease and alleviate the problem, and further
THAT: The Honourable Herb Gray, Deputy Prime Minister, The Honourable Michael Harris, Premier
of Ontario, John Maloney, MP, The Honourable Tim Hudak, Minister of Tourism, Culture and
Recreation, The Honourable David Collenette, Minister of Transport, The Honourable Brad
Clark, Ministry of Transportation, Emergency Measures Ontario, the City of Windsor and the
City of Sarnia be so notified of this action, and further
THAT:Copies of this resolution be sent to the appropriate provincial and federal ministries, politicians
and local agencies. (CARRIED)
Office of the C.A.O. Page 2 of 3 Report No, CAO-24-2001
Purpose of Report I
Staff are reporting to Council on the Town of Fort Erie's involvement in mitigating traffic
and related issues associated with the international border crossings at the Peace
Bddge.
As a result of the acts of terrorism that took place in the United States on September
11~h, a meetin,~ of the Town's Emergency Control Group was convened at noon on
September 11% Attached as Appendix "1" to this report is a co[y of the minutes of the
meeting of the Emergency Control Group held on September 11"'.
Muniicipal staff attended a meeting convened by the Niagara Regional Police Services
on September 13th in Conference Room #1 to discuss the traffic congestion issues at
the Peace Bridge. The Fire Chief and the C.A.O. also attended a meeting convened by
officials of the Regional Municipality of Niagara on September 14th to discuss the role of
Emergency Measures Ontario related to border traffic crossings in Niagara.
On September 17th Senior staff (Fire Chief Jim Douglas; Dave Renshaw, Director of
Public Works; Larry Oates, Operations Division Manager; Emile Mcllvenna, Director of
Parks and Leisure Services; Joe Mrozek, Senior Planner and the CAO) met to discuss
the long range service implications for the Town of Fort Erie associated with delays at
the Peace Bridge crossing.
At the September 17th Senior staff meeting, it was agreed that the Town of Fort Erie
should continue to lend assistance to alleviate Peace Bridge traffic congestion where
possible and feasible for the municipality. The Town's continued level of service is
described as follows:
The Parks and Leisure Services Department would continue to provide solid
waste disposal services in the temporary parking lots with the view of requesting
the Region of Niagara to assume long-term responsibility;
The Town of Fort Erie would continue to provide sanitation services for the three
temporary parking lots; and
The Town recognized the emergence of liability issues related to the temporary
use of the parking lots in that the parking lot surfaces have not been designed for
heavy transport tractor trailer use.
Appendix "2" to Administrative Report No. CA0.24-2001 dated September 17, 2001
Sep.tember 17, 2001
V1A FAX AND REGULAR MAIL
The t-Ionourable Herb Gray, P.C., M.P.
Deputy Prime Minister
Roor~t 209S, Center Block
House of Commons
OTTAWA, ON K1A 0A6
Dear Mr. Gray:
RE; INTERNATIONAL BORDER CROSSING -
TERRORIST ATTACKS IN 'UNITED STATES
I want to add my voice in the strongest terms possible to the letter sent to
you by Mayor Michael Hurst, City of Windsor, on September 13m, 2001 related to
the t~owing border crisis that is impacting negatively on Sarnia, Windsor and
other border communities.
·
I will not re-state the well-identified issues m Mayor Hurst eloquent
letter; however, I do want to point out to you that the same impacts are being felt
in Sarnia as it relates to the local level from a national and international crisis.
Regretfully, I, along with Mayor Mike Hurst, are :not optimistic that this is
a short-term situation as it would appear that a security crackdown and delays
will. continue on an ad hoc basis for a long time to come.
This is not a parochial border city issue. This is a national Canadian issue
as the impact on border city economies will reverberate through the rest of
Canada as a trading nation.
Coat' d...
,,,.,.. THE crrY OF VqlNDSOR
':~ OFFICE OF THE MAYOR
MICHAEL D. HURST
MAYOR
September 13, 2001
Sent By Facsimile and Regular Mail
The Honourable Herb Gray, P.C., M.P.
Depu .fy Prime Mimster
Room 209 S, Center Block
Ottawa, ON K1A 0A6
Re: International Border Emergency Condition
Honourable Sir:
The situation at the Windsor-U.S. border has become critical. Tuesday's horrible
tragedy in the United States has had as one of its consequences, an intensified level of
vehicle inspection at both the Windsor-Detroit Tunnel and the Ambassador Bridge.
No reasonable person can question the need of the United States and its officials to carry
out these inspections and to satisfy themselves regarding their national security.
However, one of the immediate results in Windsor has been an enormous increase in the
delays experienced by all persons and vehicles attempting to enter the United States. At
the ~ridge, delays of eight to ten hours for commercial vehicles are experienced and at
the tunnel, delays of three to four hours for all vehicles are now standard.
This situation is causing a large and unplannetl cost to the local taxpayer in Windsor.
Tweoty-five Windsor police officers are being assigned to traffic direction over each
twenty-four hour period. In addition, the City has had to open its Emergency
Operations Centre to maintain plans and response capabilities as this emergency
unfolds.
It is unfair that the local taxpayers ha Windsor be required to bear the costs of managing
an international problem that in fact, involves the national economy. Windsor is being
penalized for being the site of border crossings and at the mornent, this City is being
required to deal with a problem which is properly a national responsibility.
(519) 255-6315 . 350 City Hall Square Wesi, P.O. Box 1607. Wiadsor, Oolario N9A 6SI · FAX: (519) 255-7796
.... FILE No. ~'6P. 09/t4 '01 17:14 ID:l-[]bi I"E'RB ~ 61~b5~C'o~
Deputy Prime Minl¢[er .~ V~ce-prernler micfi'M~'e
Mr. Michael D. Hurst
Mayor
The City of Windsor
Offic~ u£ tile Mayor
~,5o City Hall Square West
P.O. Box 1607
Windsor, Ontario
NgA 6S 1
Dear Mt~-l-~u rst:
I have received your faxcd letter dated September 13,, 2001 cegardli;g youl'
rcqucst tbr assistance to deal with the tmlTfic situation in Windsor caused hy the
additional security checl~ at lhe Windaor-U.S. border because oft. he tragedy in the
United States $~'l'ucsday.
1 am makig:~t[.enquiries of'the Hnnm~rable Atlhur Eggleton, Minister of
Nrminnal Defence, the Honourable Lawrence MacAulay, Solicitor General of
Canada and the Honourable Martin C?chon, Martin Cauchon, Minister'
National P, cvenue regarding this matter' and will write again a£xer I hear
Please t'eel f?ee to keep in touch in this regard.
Yours sincerely,
/
THE HON. HERB G.~Y, M.P.
Commercial
Industrial
Farm
Home
Transportation
Petroleum Products
Wholesalers and Retailers
HEAD OFFICE:
4388 Portage Road
Niagara Falls, Ontario
L2E 6A4
Phone: 356-4820
382-2224
687~4916
Mayor W. Thomson and City Council Members
,City of Niagara Falls,
.4310 Queen Street,
Niagara Falls, Ontario
Re: Application for Billboard sign at 7811 Portage Rd
Dear Mayor Thomson:
September 21, 2001
SEP 2
Pattison Outdoor Advertising has made application to erect a Billboard sign behind our
gas bar at 7811 Portage Road, Niagara Falls (Chippawa). I raspectfi~y request that this
application be granted.
I understand that there is a bylaw concerning how close to a Church a Billboard can be
placed and after conversation with some members of City Council I was advised to send
this request.
As you know, my customers are local citizens and we t~ to go out of our way to get
along with our neighbours. I do not feel anyone should have a complaint about this sign
but on the contrary it will help tidy up some of the property behind our site.
Tha y°ul L
President
Gale's Gas Bars Limited
PLANNING MEETING ..... - -__ -- "'~ .
September 14, 2001
Your Mayor Wayne Thomson and City Council
I am writing this for a request for funding for our Blue Light Program. As you know
during the Christmas season a single blue light is shone in memory of police officers that
have given their lives in the line of duty.
The Christmas Season in fast approaching and we are in high gear to get funding for
advertising for the newspaper, radio and handing out pamphlets at Niagara Square during
November 5~ week.
The Mayors Office arranged for Alderman Carolynn Ioannoni to be our liaison and we
hope the City of Niagara Falls can financially help our program.
Thank you,
Robin Argenta
905-295-3112
Niagara Falls
C a n o d,~,,~~
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site:www.city.niagarafalls.on.ca
Tek (905) 356-7521
Fax: (905) 356-2354
E-mail: fhiggins@city.niagarafalls.on.ca
His Worship Mayor Wayne Thomson
and Members of the Mtmicipal Council
City of Niagara Falls
Members:
Re.'
RECOMMENDATION:
October 15, 2001
MW-2001-140
Contract 01-115-00
Drainage Course No. 6
Municipal Drain Construction
Ed Dujlovic, P. Eng.
Director
MW-2001-140
File 2001-03
It is recommended that the unit prices submitted by the low tenderer, CRL Campbell
Construction, be accepted and the corresponding provisional by-law be passed authorizing the
cortstmction of the drainage works.
BACKGROUND:
The Tender Opening Committee, in the presence of the Council Secretary, Barb Muir,
opened tenders on Thursday, October 4, 2001 at 1:30 p. m. for the above noted contract.
Tender documents were picked up by eight (8) Contractors and six (6) bids were received.
Listed below is a summary of the totalled tendered prices, including GST, received from the six
(6)Contractors, together with the corrected bids*.
$87,847.16
$97,031.29
*$106,411.50 ($106,465.00)
*$123,365.65 ($123,288.61)
$128,216.83
$218,328.15
1. CRL Campbell Construction
2. DeRose Bros.
3.Ken Warden.
4.Fine Grade Construction
5.Peninsula Fence & Landscaping
6.V.Gibbons Contracting
(Walnfleet)
( Thorold )
( Niagara Falls )
( Niagara Falls )
(Fonthill)
(Stevensville)
Working Together to Serve Our Communi~g
Municipal Works Fire Services Parks, Recreation & Culture Business Development
. 2001-10-15 2 MW-2001-140
The lowest tender was received from CRL Campbell Construction in the amount of $87,847.16
This Contractor has previously performed similar type projects in the Region. We are therefore,
of the opinion, that this Contractor is capable of successfully undertaking this project.
Financing:
The Engineer's estimate for this contract was $97,100.00.
Project Costs:
Allowances Due $ 7,170.00
Awarded Contract $ 82,100.15
Engineering & Administrative Fees $ 23,000.00
Net G.S.T. 3% $ 3,368.00
TOTAL $115,638.15
Funding:
Capital Budget
$117,000.00
TOTAL $117,000.00
This project is scheduled to commence on October 30, 2001, all works are to be completed
within 20 working days.
Approved by:
RickVolpini,
Drainage Superi~
ndent
Recommended by:
Director of Municipal Works
Respectfully Su~.~
Edward P. Lustig J
Chief Administrative Officer
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
T~I: (905) 356-7521
Fax: (905) 356-2354
Ed DuJlovic, P. Eng.
Director
MW-2001-141
October 15, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re.'
MW-2001-141
Drainage Course No. 6
Engineer's Report - Spriet Associates
RECOMMENDATION:
It is recommended that a third reading be given to the Provisional By-law No. 2001-125.
BACKGROUND:
The Final Report prepared by Spriet Associated for Drain No. 6 was adopted by Council at the
July 16, 2001 meeting. The by-law was given two readings and the appeal process was initiated.
All appeals have been heard and decided with no changes to the assessment schedule. The project
has been tendered and the third reading will allow the project to progress to construction as provided
in tile Drainage Act.
Your favourabl,
/~ed
Rick V(
Drainage S
consideration of this report is appreciated.
.E.T.
intendent
/~pproved by:
Executive Director of Community Services
Recommended by:
Ed I)ujlo~wc~, P.Eng.
Dire. ctor of Municipal Works
Respectfully Submitted~
Edward P. Lustig //
Chief Administrative OfficerJ
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws
Niagara Falls
Community Services Department
Municipal Works
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
Ed DuJlovlc, P. Eng.
Director
MW-2001-142
October 15, 2001
His Worship Mayor Wayne Thomson
and. Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re-'
MW-2001-142
Transfer of Easement
Dorchester Road Storm Sewer Outlet
RECOMMENDATION:
It is recommended that the City accept a Transfer of Easement described as Part 1, Plan 59R-11483,
from the Region of Niagara which will allow unobstructed access to an existing 1200 mm diameter
storm sewer recently constructed in conjunction with the new 21-unit condominium development
by Falls Masonry Ltd.
BACKGROUND:
The,' subject property is situated on the east side of Domhester Road just north of Highway 420. The
21-unit townhouse condominium complex is divided in half by a 6 meter wide easement originally
protected by the Region to provide an outlet for storm drainage on Dorchester Road. Dorchester
Road has since been transferred to the City and therefore the Region no longer has any interest in the
easement. The City does however, and the easement documents should be revised to reflect the
City's interest in this area of the property.
Council's concurrence with the above recommendation would be appreciated.
Geoff I~olmah, C.E.T.
Manager of Development
Re(~mmended, by:
Ed Dujlovic, ~.Eng.
Director of Municipal Works
EAoxp~proved by:
ve Director of Community Services
P~pectfully Submitt/od by:~"~
Edward P. Lustig
Chief Administrative Office. r/
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws
Niagara Falls
Can~~P
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) 3§6-2354
Ed Dujlovic, P. Eng.
Director
MW-2001-144
October 15, 2001
His Worship Mayor Wayne Thomson
and Members of the
Ci~7 of Niagara Falls, Omario
Members:
Re:
RECOMMENDATION:
It is recommended;
1.
MW-2001-144
Closing of Parts of Domenic Crescent
Plan M-92- Calaguiro Estates Subdivision
that staffbe authorized to proceed with the closing of Parts 8,11,31 and 32 as per attached
plan and convey the same to the developer.;
that the City exchange Block 111 (Parts 1 and 2) for Part 4 for the purpose of locating the
sanitary pumping station on Part 4;
that the developer convey Parts 7, 16 and 35 to the City. Parts 7 and 35 will form part of
Domenic Crescent and Part 16 will form part of the storm water management block.
BACKGROUND:
As Council may recall, the sale of Block 99 Plan M-92, the former Park Block in the Calaguiro
Subdivision was approved this past August. The development of new building lots in this area
requires the closing of the present bulb part of Domenic Crescent and the extension of the same in
an easterly direction.
The. closing of Parts 8,11,31,and 32 is part of the process necessary for the development in this area.
The remaining exchanges and conveyances are also part of the process necessary for the development
to proceed.
Working Together to Serve Our Community
Municipal Works Fire Sen/ices Parks, Recreation & Culture Business Development Building and By-Laws
2001-10-15 -2 -
Council's approval will allow the process to continue.
MW-2001-143
Prepared by:
Sam Iorfida
Manager of Special Projects
Ed Dujlovic, P.Eng.
Director of Municipal Works
Approved by:
~;D;i~ealetdor of Community Services
Attch.
Respectfully Su~mitte&l~:
~d~rAd P'dm~mU':ti~ gative Officer //
DORCHESTER ~ DRIVE
..... ~__~ .... z-C__~
I
The City of
Niagara Foils
I -
Corporate Services Department
Finance Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6×5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2016
E-mail: kburden@city.niagarafalls.on.ca
October 15,2001
F-200'1-63
Ken Burden
Director
His Worship Mayor Wayne Thomson
and Members of Municipal Council
Ci~t of Niagara Falls, Ontario
Members:
Re: F-2001-63 - Donation of $50,000 to the
New York City Relief Efforts
RECOMMENDATION:
For the direction of City Council.
BACKGROUND:
On October 1,2001, Council referred to Staff the matter of a donation of $50,000 to the New York
City relief efforts. Staff advises that there are no monies available in the 2001 budget to allocate for
this donation. Since the tragic events, the City has been directly involved in providing services
within our community that have relieved the impacts, such as the care and services given to track
drivers waiting for border crossing and the organizational support for the Prayer Vigil held at
Optimist Park. The City's Fire Services have also been made available to provide support, along
witJh other emergency care services as may be requested for the relief efforts.
Cmmcil's direction on this matter is requested.
Recommended by:
K.E. Burden
Director of Finance
Approved by:
T. Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems · Legal
Respectfully submitted:
Planning & Development
Report of Body Rub Parlour Committee
Re: Marijana Kovinic
IN THE MATTER of a Hearing pursuant to the
MwnieipalAct and By-law Nos. 1999-164 and 2001-91
AND IN THE MATTER OF a Hearing regarding
Msrijana Kovinie
Stage 1 Eligibility ~luiremenis in her
application for a Body-Rub Parlour Owr~r's Li~ence
INDEX
2.
3.
4.
Summar~ of Evidence ............................................................................ Page 2
Summary of Arguments presanted by the parties .................................... Page 3
Findings of Fa~ ..................................................................................... Page 13
P-~collllllelldatiolxs of the Committee with i'easorlS thel~fOr ..................... Page 4
Page I of 4
SUMMARY OF EVIDENCE
Application for Body-Rub Parlour Owner's License o£Maxij~ Kovinic dated
J~ntmry 5, 2001;
Copy of latter from Niagara Regional Police Service, dated lV~rch 1. 2001;
Copy of letter from the City Clerk, ~ted April 18, 2001;
Copy of lease between Jibad Mal~k ~nd M~n~ Kovinio, dated July 14, 2000;
Copy of amended lease between J'd~d M~lak and Marijan~ Kovi~c, dated July 14, 2000;
Copy of'letter from Oraydon 5heppard, representing Zik~ Kovinic, to M~lcolm Or.ham.
repro~riting ,l/had Malak;
Copy of AEreement of Purchase and Sale between pur~h~e.r 7.1ka Kovinic, in trust, and
vendor, 31had Ivr_dak, dated Jtme 30, 2001;
Statements of Mr. Ray Kallio, solicitor for the City of Niagara Falls;
Statem~ts of Mr, Luigi DeLisio, solicitor for lVlarijaoa ICovini~;
Te~rnnny of Iris. Marijana Kovi~ic.
Page 2 of 4
SUMMARY OF ARG~S PP..ES]~NTED BY THE PAI~TI~S
Mr. K~o for the C~ of Ni~a
~. ~o, as senator for ~c Ci~ of~a F~s, clams ~at ~ Stage 1
appli~tion of Ms. K~c c~ot proceed be~u~ the lease wMch she
as p~ of h~ appli~fion ~r a Body-~b P~Ious ~'s ~cence, dated J~u~
f, 2001, w~ noi ~ compX~ncc ~h Set,on 11 (I)b of By-Law 99-164. TMs
s~Uon requires ~bisgon of a copy of the lease or ~y other docm~t
or ~g ~e le~ relafiom~p b~c~ ~ app~t ~ ~e rc~cr~ o~
of the prope~.
b. Thc ~py of ~e l~se mb~ed by Ms. Ko~c on la~ ~, 2001, ~d ~d
on l~u~ 4, 2001.
c. Sub~gy, ~. Ko~c mb~ the s~e l~se ~ above, ~ the t~
c~, ~d lo mn ~om Nebm~ l, 2001 to May 3 l. 2001.
~. K~o, on ~ofthe C~ of~ag~a F~ls, cls~ tha neither ~e ~ir~
lease nor ~he ~cnd~ l~sc ~1~11 the r~s o~e By-~w. The ~st
~e o~b~s ~p~ed w~ void ~d ~cr~o~ unac~pmble. ~e sec~d
~ce~le b~ause ~ t~ of~e l~se w~ ~r o~ 4 mo~h,; w~e ~e xe~
of the ~c~e w~ for 1 y~. ~e appHc~t ~d ~t demonsUate that ~e ~d v~d
~e to ~e prop~ for ~e ~c~ period.
Fu~e~ore, ~ere is no~S ~ ~w or ~ ~ to in,cate that ~. Ko~c had ~y
interest in the lmd ~cept for ~ p~o~ des~bed ~ ~e lease, wMch ~d not
co~cspond to ~e t~ of~
Acorns to Se~on 11 (1) ~) of ~ By-~w, ~ere is no leg~ d~t to usc ~c
prope~ b~ ~ t~ ~
T~ te~f~e l~e w~e ~so ~ doubt b~ause ~. Ko~c cl~cd ~ h~
t~imony to have p~d the l~rd S1,3~0.00 money, md not ~e $2,000.00
men, My pres~b~ ~ ~e l~e doc~ent.
f.
Page 3 of 4
US/UU/U1 THLI 18:18 FAA 905 S§~ 80~§ Sellna ¥olpattl ~oub
H
1~. O~isio for Ma~ijana Kovi~c
a. IVh'. DeLisio ~gu~ that I~, Kovinic's tenancy continued on a month-to-month
basis after the term of the lea~e had expired, and that this was ~cient to comply
with Section 11 (1) Co) of the By-Law.
FIND]2~OS OF FACT
a, No evidence was submitted to the Corem;tree to prove that Ms. Kovinic had title
to the property.
RECOMMENDATIONS OF COMEtIFr~ WITH REASONS THEREFOR:
a. The Committee finds that ~. Kovinic did not comply with Section 11 (1) Co) of
the By-Law because she did not prove that she h~d legal title to the property for
the duration of the tm'm of the license,
b. The Committee recomm~nrl= that Council direct the Clerk not to proceed with
processi~ the application unless and until:
i. Ms. Kovinic provides documentation on or before 4:30 p.n~ on the
~ ofi/~-eber, 2001, that she is either the owner or t~t of the
property, failins which the application will not be processed.;
ii, Such do~umanmtion must comply with Section 11 ( 1 ) (b) of the By-Law,
· and must be accep~mble to the Clerk of the City of Nhgara Falls.
P~¢ 4 of 4
~9/04/01 TUE 15:04 FAX 905 ~58 $o86 Sellna Voll~sr~l [~001
Aldermm'~ Art Fcderow
Alderman Gary H~ndershot
Ald~rm~n Sdin~ Volp~i (Chair)
The City of
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)371-2892
E-mail: rkallio@city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-2001-60
October 15, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Me~nbers:
L-2001-60
Appointment of Temporary Acting City Clerk
RECOMMENDATION:
That Paul Pingue be appointed Temporary Acting City Clerk and that the attached by-law be passed
later in the meeting.
BACKGROUND:
Woody Wagg, City Clerk, retired on October 11, 2001, and his replacement has not yet been hired.
The City Solicitor has been appointed Acting City Clerk to act in the absence of the City Clerk.
Until Mr. Wagg's successor is appointed by by-law, the Acting City Clerk will fill the role of Clerk.
However, there should be a back-up person appointed who would be able to carry out the duties of
the Clerk in the event that the Acting City Clerk is not available. We are recommending that Paul
Pingue, Assistant City Solicitor be appointed as Temporary Acting City Clerk. This appointment
would expire on December 31,2001.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
~dby:
R.O. Kallio
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
ROK:mm
-2-
Respectfully Submitted:/
Edward P. Lustig J
Chief Administrative Offic~
-3-
CITY OF NIAGARA FALLS
By-law No. 2001
A by-law to appoint Paul Pingue as Temporary Acting City Clerk.
THE COUNCIL OF THE CORPORATION OF TItE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. Paul Pingue is hereby appointed Temporary Acting City Clerk when the City Clerk and the
Acting Clerk are unable to carry on their duties through illness or otherwise.
2. The Temporary Acting City Clerk shall have all the powers and duties of the City Clerk
under the Municipal Act and every other Act.
3. This by-law shall expire on December 31,2001.
Passed this
day of October, 2001
R.O. KALLIO, ACTING CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
Second Reading:
Third Reading:
,2001.
,2001.
,2001.
The City of
Niagara Falls I1~,~
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. Kalllo
City Solicitor
L-2901-62
October 15, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-62, Sale of Part of Dock Street
to 1314540 Ontario Inc.
Part 3 on Reference Plan No. 59R-4257
Our File No.: 2000-244
RECOMMENDATION:
That the offer made by 1314540 Ontario Inc. to purchase part of Dock Street described as Part 3 on
Reference Plan No. 59R-4257, for $18,500.00, be accepted.
REPORT:
The unused portion of Dock Street, described as Part 3 on Reference Plan No. 59R-4257, shown
hatched on the plan attached, was closed by Judge's Order on August 8, 2001. The subject land was
declared surplus by By-law No. 2001-181 passed by Council on August 18,2001. 1314540 Ontario
Inc., being the sole abutting owner having any interest in acquiring the subject land, has submitted
an unconditional offer to purchase the subject land for $18,500.00 which meets the appraised value
Working Together to Serve Our Community
Clerk's Finance · Human Resources Information Systems Legal · Planning & Development
L-2001- 62 - 2 ~ October 15, 2001
range of $18,500.00 to $25,000.00. Notice to the public of the subject land being declared surplus
and of Council's consideration of the proposed sale to 1314540 Ontario Inc. was published in the
Niagara Falls Review on October 13, 2001. Staffrecommends the offer be accepted.
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
R. C~). Ka~ied by:
City Solicitor.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
Respectfully Submitted:
The City of Niagara Falls, Ontario
Council Chambers
Moved by Aldeman
Seconded by Alderman
October 15, 2001
RESOLVED THAT that the Council of the Corporation of the City of Niagara
Fails determines in accordance with Section 34(17) of the Planning Act, R.S.O. 1990, that
the, changes proposed to the zoning by-law for application AM-16/2000 (Jack & Diane
Vegter) do not require the giving of further notice.
^NID the Seal of the Corporation be hereto affixed.
R. O. KALLIO WAYNE THOMSON
ACTING CITY CLERK MAYOR