2001/11/26REGULAR COUNCIL
MEETING
Monday, November 26, 2001
Order of Business
and Agenda Package
REGULAR MEETING
November 26, 2001
PRAYER: Alderman Federow
ADOPTION OF MINUTES: Regular Meeting of November 19, 2001.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a bdef explanation thereof will be made for the
current Council Meeting at this time.
MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS
DEPUTA~ONS
Mr. Ron Yorke, Chairman, Niagara Falls Tourism wishes to address Council with
respect to the 2001 tou#sm marketing activities and their 2002 budget plan.
Mr. Peter Grandoni wishes to address Council on the issue of protecting
agricultural, natural surface drainage systems.
COMMUNICATIONS
The Chamber of Commerce, Niagara Falls. Re: Greater Niagara General
Hospital Foundation - providing cla#fication on comments made regarding GNGH
fundraising and the business community.
RECOMMENDATION: For the Information of Council- Receive and File.
Additional Items for Consideration:
The Acting City Clerk will advise of any further items for Council consideration.
REPORTS
RA TIFICA TION OF CORPORATE SERVICES COMMITTEE ACTIONS
(Alderman Wayne Campbell, Chair)
COMMUNITY SERVICES MATTERS
1. Chief Administrative Officer
2. Chief Administrative Officer
3. Chief Administrative Officer
MW-2001-128, High Rate Treatment
Environmental Assessment Study Completion.
MW-2001-161, Digital Large Format Print
Processing System.
R-2001-54, Phase II, TenderNo. 10-2001;
Replacement of Shingles, Stamford Arena Roof.
RATIFICATION OF PARKING & TRAFFIC ACTIONS
(Alderman Kim Craitor, Chair)
MW-2001-162, Municipal Parking & Traffic Committee Recommendations, November 20,
2001 Meeting.
Please Note: The following individuals wish to address Council:
Mrs. Deborah & Mr. Mustafa Ibrahim
Mrs. Ste#a Milosevic
Ms. Margaret Holowachuk
Mr. Mark Smith
PLANNING MA TTERS
1. Chief Administrative Officer PD-2001-102, Streetscape Master Plan.
Please Note: Mr. David McWhirter, M.B.T.W. will address Counc# on the matter.
-3-
Chief Administrative Officer
PD-2001-103, Finalization of Willoughby Land
Use Study; Proposed Planning Framework.
Chief Administrative Officer
PD-2001-105, Designation of the Leeming
House; 5781 Highland Avenue, Niagara Falls.
MISCELLANEOUS MATTERS
Chief Administrative Officer
L-2001-53, Release of Restrictive Covenants;
4500 Montrese Road.
Chief Administrative Officer
L-2001-66, Expansion of the Victoria Centre;
Business Improvement Area (formerly known as
"Victoria Avenue Business Improvement Area ')
Chief Administrative Officer
L-2001-68, Authorization to Proceed with Closing
Certain Street Ends Located Along the Welland
River in Chippawa.
Chief Administrative Officer
L-2001-69, City of Niagara ars Hotel Europa -
Divisional Court.
RESOLU~ONS
That the Council of the Corporation of the City of Niagara Falls determines that, in
accordance with the Planning Act R.S.O. 1990, chap. P. 13, as amended, that the
amendments proposed to Zoning By-law No. 79-200, as amended, and Interim
Control By-law No. 2001-25 do not require the giving of public notice or the holding
of a public meeting.
That Council formally thank Margaret Anne Tabaka, Curator of the Lundy's Lane
HistoricaI Museum and Jean Culp, Registrarforthe Lundy's Lane Historical Museum
for their years of meritorious service and wish them well upon their retirement
BY-LAWS
The Acting City Clerk will advise of any additional by-laws or amendments to
the by-laws listed for Council consideration.
2001-246
To designate an area as an Improvement Araa and to establish for such area
a Board of Management.
2001-247
2001-248
2001-252
2001-253
2~1-2~
2~1-2~
2001-256
2001-257
2001-258
4
To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads. (Stop Signs, Heavy Vehicles, Parking Restriction)
To amend By-law No. 2001-25, being a by-law to prohibit certain uses of land
in the area of the City of Niagara Falls regulated by Zoning By-law Nos. 79-
200, as amended; 1538, 1958, as amended, 395, 1966, as amended; and 70-
69, as amended.
To authorize acceptance of a Transfer of Easement from Taro Properties
Incorporated for the purpose of constructing and maintaining a storm sewer
and catch basin over part of Lot 33 on registered Plan No. M-29 (Re: Report
L-2001-49, August 13, 2001)
To authorize a Release of the restrictive covenants contained in a Transfer
from The Corporation of the Township of Stamford to Robert Douglas Gale
registered in 1960 as Instrument No. 43120, at no cost to the City.
To amend By-law No. 2000-254, being a by-law to establish rules and
regulations for the City of Niagara Falls Municipal Cemeteries.
To designate an area as an Improvement Area and to establish for such area
a Board of Management.
To amend By-law No. 98-66, being a by-law to provide for the remuneration
of the Mayor and Members of Council of the City of Niagara Falls.
To amend By-law No. 79-200, as amended.
To amend By-law No. 79-200, as amended. (Re: Falls Masonry Ltd., AM-
28/2001)
To authorize the execution of an agreement with Baron Roofing & Siding Ltd.,
respecting the supply and installation of shingles to the roof at Stamford
Arena
To amend By-law No. 79-200, as amended. (Re:5558 McGrail Ave., AM-
26/2001)
To authorize monies for General Purposes (November 26, 2001).
NEW BUSINESS
Development water drainage
Flooding continues'on the
land -of farmers around
the 1995-built
subdivision in Brantford
BY JIM ROMAHN
Ontario Farmer staff
I..Ioward Summerhayes and his
1 lmother. Isabel, are suing
Brantford. subdivision developer
,~nnmpel Holdings Ltd. and about
50 people who bought tots in the
subdivision ove~ waler that is flood-
ing their l~ef farm.
situation a coupte of years ago
when Summerhayes filed suit
against the developer. His lawyer,
Donald Good of Ottawa, says the
new suit reluctantly names the
people who bought lots and homes
in the subdivision because "unfor-
tunately thereis no other way" to
stop the flooding and gain corn-
pensafion for-damages.
The hwsuit seeks
injunction to
ages of $500,000 for 'Summer-
hayes and another $500,000 for
neighbour James Baldwin, who
win Camge from his
properly
They are also seeking $t
out-of-pocket costs.
Snmmerhayes
is directing fa~ mom:
before towards thek-farm
Summerhayes built'a berm to ay
wrote
_residen
issue back taClarkson v~
she c~ do any~ bec~us
are cabinet ministers-in'
They wrote onAprit
to I~i?obeth WRater soon~
was shifted from the'health
environment ministry, of
tario cab'met, warning that
nel]ing storm water mnoff~
rechargearea foran aquif~
feeds wells is a problera ~
The SixNafions reseave mil
dts~e, mher
water:fromwells~serVed:,l
aquila, rh -pon on
elude hwn~andgarden:pe~
and rawsewag~that some
storm~water~
-Maufice Welton and 1oh~
say they have dis¢overe,
sewage in tha~ far~
Welton said toilet _pape
hung from trees.in- an are
has flooded.
He said~he hea~i.~
with "
Summe~ye~ha~/gompl
federal fisheries dep~
November, ,1998, ~gth
further development take
THE CORPQP.~T__ION OF THE TQWN OF LINCOLN
BY-LAW NO, 99-43
A BY-LAW TO PROHIBIT OR REGULATE THE PLACING OR
DUMPING OF F[LL AND TIlE ALT ?; ),A'I'ION OF THE OR. ADE O17
LAND IN AREAS OF TILL: TOWN OF LINCOI,N, AN[) TO
BY-LAW NO. 98-85.
WHEREAS:
I. Section 223.1 of tile Municipal Act, P,.S.O. 1990 c.M.45, as amended, pruvidas
that the Council ora local manicipality may pass by-laws:
(a) prohibiting or regulatiug [lie placing or damping of Ii!l ill any defined area or on
any class of land;
(b) prohibiting or mgulatiog the alteration or thc grade of hind in any dcfiued area or
on auy class of Iand;
(a) requiring that ~t permit be obtained for the placing or dumping Of fill or alteration
of the grade of land in any defined area or on soy class of land and prescribing fees for
the permits;
(d) requiring grading, filling or dmnping plans acceptable to the municipality ,ns a
condition oflssulng a permit;
(e) preset bng conditions under wbich grading or the placing or dumping of fill trlay
be carried out under a permit;
(t) requiring that fill dumped or placed, or grading carried unt coutrary Io a by-law
passed, or permit issued, under Ibis scclion be removed by file person who dumped or
placed it, or who caused or permitted il to Irc dumped or placed.
2. The Council of the Towu of l,lncoln passed By-law No. 98-85 on October 5th,
1998 pursuant to the said sectiou.
3. Subsequent to ihe passing uf By-law No. 98-85, Council directed slaffto furtlmr
consult with the public and report any required amendmenls.
4. The Council of the Town of 13ncoln, for the reasons in Report PW 98-228, deems
it necessary and exped~ant to pass Ibis 13y-law.
NOW TIlEr{El;ORE TtlE COl NC OF TIlE CO ~ ' ) ~.ATION O "Il:.
TOWN OF LINCOLN HEREBY NAC'I:S AS ~O ,I,OWS.
Definitions
1. In this By-law:
(a) "Clerk-Treasurer" shall menu Ihc C%rk-Treusurer of thc Corporation;
(b) "Corporation" raeans tire Co 'porn Ion of the Towu of Lil)COha;
(c) ' Dra' rage" means the movement of water to a place of disposal, whether by way
of thc oatural characteristics of thc ground sm'face or by aa nrlilqcial'ii~clhntl;
(d) "Dumph,~g" me~:ns the depositing o£ till in a location olher Ihan whcrc Ibc Iill was
obtained and includes the movement tuld depositing of lill from one location on ii
property to another loclkion on ti e sa ne prnpcrly;
-2-
(¢) "Existing Oracle" means Ihc clcwdion of thc cxistmg ground suri'acc ol thc lands
upon which dumpingor placing of li[I, or both, is proposed and of'abutting ground
surfaoe up to three (3) metres wklc sun'ounding such lands, except flint where placing or
dumping of fill hag ocanrred in coutravcnlion of lifts By-law, cxistiug grade shall mean
the ground surface of tim lands as il ~xistcd prior to ~hc placing or dumping of fill;
(O "Fill" means a~y type of material deposited or placed ou hinds and inciodcs soil,
stone, concrete, asphalt, sod or turf either singly or in combination;
.(g) "Finished Grade" means the apln'ovcd elevation of the ground surface o r lands
upon which fill has been placed iu accordance wilh tiffs By-law;
(hi "Inspector" means the Chief Buildiug Official, Director of Public Works,
Technical Se~ie~ Manager, Operations and Equipment Mnnagcr and auy persou or
~rsons appointed from time to lime by rcsobflion oFCouncil fi)r the purposes ol'Scction
223.1 of the Municipal Act;
(ii ~ "Owner" includes the registered owner of thc hinds on which fill is proposed to be
placed or dumped or which lands are to be re-graded and any person, firm or corporation
controlling such lands'.
0) "No.al A~ieultural I'racl~ccs" means any activity pcrlhm~cd ou private lands by
the owner or owners ~geut that is considered by lhe Ministry of Agriculture, Food and
Rural Affairs to be a ~mtine or common procedure for the lypc of crop, soil type or
geaeml climatic condifious rcla~cd to thc subject propcrty.
(k) "Place of Disposal" means a mumc~pally-owncd storm draiuage sewcr. 'oadsidc
ditch, a natural watercourse, or an omlct l~r slorm draiuagc approved b3 Ihe Corporation:
(I) "Placing" means the distribunon ol: Iill on lauds In establish a finished grade
different from the exisqng grade;
(in) "Ponding" means the acctm~olaliOll ofsorlhce water in au area lint havillg
drainage therefrom where the lack or dralnagc is caused 1)y the placing or dumpiug of Ii11:
tn) "Retaining Wall" means a wall dcsigucd to contain cud support fill wl~ich has .~
finished grade higher tiian that of adjaccm lands:
(o) "Soil" means material conmnmly known as carlh, topsoil, roam. subsoil, clay,
scud or gravel:
(pi "Swale" means a shallow depression in the ground sloping io a place o[dispusal
of surface water for the. purpose ol'pn)viding ti method ol'draimlgc;
(q) "Town" means (he Town of Lincoln.
Annlication of By-law
2, This By-law applies to thc entire Town nfl,incolu olhcr limn Ihosc areas which
are subject to regulations made ut'Mcr :':,cction 28( I )(1~ of thc Conservation Anthoritics
Act. R,S.O. 1990 c,C.27 or governed by thc Niagara Esearpmcul Plan and ils ,'~o! [ties
Exemntions
3. This By-law ia not applicable to Ihe Ibllowing activities:
(a) the use, operation, establisbmcat, alteration, enlargcmcat or extension or a waste
management system or waste disposal site within thc meaning or part V or thc
~nvlronmental Protccfiou Act, R.S.O. 1990 c.E.19, as amended, or a waste disposal site
or waste management system that is exempted by regulation item said Pm1
(b) ibc const~ction, extet~ion, alteration, maintcmmcc or operation of worl<s under
Sec ion 28 of thc Publ)c Transportatio,~ and Highway Improvement Acl, R.S.O. I 9~)0
c.P.50, as alnend~d;
(c) emergency measures taken by thc Corporation Io mitigate erosion, soil l;~ilure or
damage of trees;
(d) th~ activities ofth~ Corporation, a Ministry of thc I)rovincia{ government, thc
Region ofNiag~a, th~' Niagara P~ainsola Conservation Authority, ralntocl to th~
establishm~ut or main'.~nanc~ nf utilities m~d sorviees, roads, bridBos, Ilood aad erosion
~outroJ facilities, walkways, bicycle paths, f~nces, retaining xwdls, steps nnd lighting;
(~) to actions by ~ly local board as del]ned in tb~ Muaicipal A f[~airs Act having
.jurisdiction within th~ Town;
(0 to any action bTf auy Crown agency ns dofined in the Crown Agency Ac1;
(g) to any action by Lincoln 1 lydro;
(h) to any action by any perso~ implemenling a gradiag control pJnn or lot grading
plan approved on behalf of the Towa purstlant Io a rcgistcred site plan agreement,
subdivision agreement, or d~vcJopmonl nBreemeat pursuant to tba provisions el'thc
Planning Act duly executed by thc Town and afl~ctiag the lands;
(i) any work authorized pnrsnant to the provisions el'Ibc Drainage Act;
ii) any work constituting thc tillage of land, incbnlh~g grading of aativc
to normal agr cu rural ~racticcs that docs n( t a['l~c ~c oc~ a' r; c c ' runolT to
(k) any work condtlcted pnrstlaat to, aad in accordance wilb thc provisioas eL
regulation made under clause 28( I )(0 of thc Conservstion ~utborilies Acl respecting the
or dumping of ~11 in any area of thc Town:
(I) any activities o~' matters prescribed by rcgolations issued porsunut to thc
Municipal Act;
(m) any work wher~ soil is pl~ced or dumped oa laads for the purpose of lawn
dressing; landscaping er addiag to flower beds or vegetable Bardcns, providcd Ihat
ground elevation of the lands is not incre~/scd by more Ihan two hundred (200)
n~illmetresand¢~erei~no6ban~e ~ ct fcc o~ rr:~eo" o"o ~o~hbour~
properties.
Requirement for P~it
4. No p~rson shall place or dump, or cause In be placed or dumped, fill co land or
alter the grade of I~d widdn thc Town ol'l,iocoln, unless:
(a) tbcy nrc exempt from thc provisiolss of this By-law.
-4.
Issuanc~ of Permits
5. An Inspector may issue a pc~mi( for site alteration on land withio thc geographic
limits Of the Town, when the scope of Ibc work has potential Io impact oa Ihe Town's
read sys[cm, ditches, t~atcrcoarscs or olhcr muulcipa[ infi'ash'uc[urcs. In all cases,
Town will endeavour to insl~Ct aud cwdnalc thc nccd for a silo altcratinn pcmfil ~vithin
two (2) working days'of receipt nf thc aplqicafion Ibrm.
Time Limit for Permil~
6, A permit issu~ pursuant lo Section 5 shall be valid Ibr a period of six (6) months
from the date ofissuatica but shall expire slier three (3) moalhs fi'om the date ofissoance
if work has not ~tn c~mmcncad by Ihul date. A pcrlnil which is an lengcr Valid or which
has expired pursuant t0 this section may bc renewed wilhin a six (6) mooth period
following the date of expiry upon wri,cu spplicatlon te Ihe Chief Buildi,g Official
accompani~ by a payment of one half oflhe original permil I~c, provkled dmt Ihe
previously permitted work has not hcen revised.
Conditions for Pet'miff
7. An inspector, when issuing a permit may impose sach coodiiioos as he m' she
feels arc just, when:
(a) the Inspector ~s satisfied thai Ihe lands which are the sabject of the application lbr
a pemfit are not wlthi, an area where II~e placing or demping er lill is prohibited uoder
this By-law or other applicable law;
(b) thc applicant has fulfilled all applicable rcqeircmcats el'Schedule "A" to this By-
law;
(c) the Inspector is,satisficd thai Ibc proposed final elevation, Ihe resulting drainage
patterns, thc design of uny retaining wall, tile type of fill to be ascd and tile method of
placing or dumping of fill are all in accerdancc wilh proper engineering sod
environmental practices;
(d) the Inspector is satisfied Iha~ thc placing or dumping of fill will not rcsult in:
ti) soil erosion;
(ii) blockage ora watercourse:
(iii) ~i~'iat'Wi0n ~n
(iv) ..... ' ...........
poll.u_ti~3.~.O wa~.ercoe r,~;.;.
tv) I~_dit)8 o.r pending on abatling
(vi) flooding or ~on-'n'Tm"~v~atercom'sc ovcrllt~ banks
(vii) a .... i:r/tnmentat etteet on any ,'ecs cfa calhpcr~ofseventy-I~ve~hmetres' or
more located on the lands;
(viii) a detrimental effect oa matters or inhcrcnl bMngical sensitivity sach as aquifer
recharge, water quality,, unusual phmts er wildlife mid overwinlcring habitats:
(ix) any contraventibn of regulations..~[aadartls er guidelines cslablishcd i~tlrstli]at to
the Environmental Protection Acl,
tx) fouling or phys!cal damage to Ihe adjacent roadway;
(c) any security rec~eired to bc dcposiled wilh. or paid to. thc municipalily Io casurc
that conditions am satisfied has been deposited or paid and that ally agrcement rec ,fired te
implement conditions imposed by tile Inspector has been signed:
(0 ail other concerAs of thc [nsocctm' have been sntisliecl.
-5-
A~reements with th~ C0moration
8. Wherever an ]nspector requires, as a condition of a permit, that therc tlc a written
execated by the ownel, thc. owner's autlmrized agcnts where apl~licablc, and tl~c
Corporation; such agrt:emcnt shall bc executed on hchal[' el'thc ('.orporaiilm by fl~c Ckrk-
Treasurer and may require thaL a security deposit be lodged wiih the Corl¢oration equal to
the cost estimate for the work aulhorized by thc pem~it as apl)roved by file Inspector to
guarantee that the work is completed ia accordance with the permit and any rclatc~l plans
and documents and that the Owner shall pay Iht Corporation's costs iff reviewing mid
approving the plallS and work rclkn'cd to in the pm'mil,
Comolianee with Plans and Conditions
9, Where a permit has bccn issued under this By-law, 'no pcrsnn shall Place er dump
fill or alter the grade el~land except in accordance with the plans, documents and any
other infom~ation on tile basis of which the pcrndt wns isstled and in compliance wilh ally
conditions imposed by the Inspector,
Miniraum Stand3rd~
10. Every person who places or dnlupS till. or canscs fill Io hc placed nr dumped, or
alters the grade afl.d, shall:
(al if required by an lnspcclor, conslrnct a retaining wall to Ibc satisfimtion ill' Ihe
Inspector wig.ch does not er~croach Ul)O~l abutting lands, either abc, ye or below cxi~i_~g
grade, and_~wliicli i~'noLw high,~ ,, h,v~ a sienificant negative impncl on abutting lands.
an"fi~n-~tor may require that a retaining wall bc cnnstrncted where:
(il erosion of fill onto abatti.g lands may occur;
(ii) tile finished grade of thc hinds al thc property line is higher than that el'lhe
existing grade of the abutting land;
(b) ensure that the finished grade surfimc is pretcctcd by stol. turl~. sccding of grass,
greenery, aspbalt concrete or such other material as thc lnspcclm' may approve, either
singly or in combinatidn;
(c) ensure that fill is not placed around thc perimeter el'ally existing baihling to an
elevation higher than 6ne hundred and fifty (150) ndllimctres below the top of rmlndation
of such building, unles~ such buikling and its Ibundntioa walls are raised in a manucr
satisfactory to the lnspgetor;
(d) ausure that no piped cenncctiml to 'l'~wn culverls, diic[lcs m' sewer system is
covered and backfilled until the work has been inspected and appreved by an Inspector;
(el ensure such protection for Irccs as may bc rcqaircd by an Insl3CClOr;
(fl "~ ensure that all fill used is clcnn and fi'ce et'rubbish, glass, garbagc, termites,
organic materials, liquid and toxic chemic. Is and elher cmltaminants:
(gl ensure that fill is placed m' dumped in such a manner and any retaining wall
containing such fill is erected in such a alnnncr that no pending is caused on Iht subiccL .
lands or abutting lands and lbat adctlaat~ prnvisim~ i~ made to p~'opcr surffacc stnnmvaic~'
-6-
Remedies for Contravention
I I. Where a person has placed or dnmpcd [il Ill contravention ninny I~crJmL g~ven
pursuant to this By-la?/, without a permit where ~: pcrlni~, is required under this By-law. or
conLrary to any other ~ro~ision of lhis Ily-law. an ]asnc¢lor nla} make all OY(ICI' directing
the person to do any or all of thc Ibllowing:
(a) comp y with the conditions of thc permit and this By-lmv:
(b) cease the placing or dnmping of lill:
(c) remove the fill that has bucn placed or dumped wilhin rot[y-eight (48) hnurs a[Icl'
service of the order, or sach other lengLh of Lime as amy be specified in the order.
Consent of Owncr
12. No person shail place or dump, nr cause to be placed or uumpcd, fill on say land
or alter the grade of land naless it is {.Imm at thc rctlacst o~'. or with the'consent al: file
owner of the land affected.
Consent for Storaue
13. No person shall place tlr damp, or cause Lubc p'laccd tlr dumped, fill on any land
for storage purposes unless thc outside sLnragc of such fill on Lhc hind is pcmlittcd by a
written agreement behveen the landowner and Ibc Corpuralhm.
Rec~uest for Insnectiot~
14. The owner of the land where fill is lo bc placed or damped or where II)e grade of
land is altered, or such person's aufl)orizcd ageal shall request an Inspector lo make
inspection at the commencemcnL and conclusion of tile work. and shall rcqucsL sach
further inspection as may be required, and shall provide written evidence fi'om the owner
that such owner is satisfied wilh ~hc wm'k.
15. The administration sad cai~n'ccmcnt oflhi; By-law shall be pcrfm'mcd hy an
Inspector, by persons authorized by ,-'iii Inspcclor~ and by sach By-law EalBrccmcnl
Officers ortho Corporation as may hc aplmintcd hy hy-law t~l'thc ('mmcil uf thc
Corporation.
16~, ~erc a person who has been nrdcrcd Io remove fill ia accordm~cc wifl~ Scclion
I I h[is to do so within for(y-cighl {48) honrs, Iht ('~rpm'nfion may rcnlovc thc Jill al thc
expense of such person and fl~e Corl}m'ution may recover tl~c expenses incurred in so
doing by action or thc same may he rccnvercd ia like manner as manicipal taxes, ¢~
OITence and Penal~y
17. Where a person contravenes Iht provisions of this By-law such pet,sca is guilLy of
an offence and, upon coaviction, is liable lu a maximanl fine as established pursuant Lo
the Provincial Offences Act,
Avneal to Ontario Mur[ici~al BuaB_l
18. Where:
(a) the Inspector refuses or ncglccls to issne a penni( trader Section 4 of this By-law
within forty-five (45) days after the application is received by thc (I '¢1 lh(Iding 0 icla
-7-
I:e and thc supporting plans ar, d docnmcnts rcrcrrcd to ia Sclledule
"A" are received by the Inspector; or
(b) an owner of the lands on which fill is proposed to be dumped or placed objects to
a coudition in tile permit; ~
the owner may appeal to tile Oalario Municipal Board in accordance with the applicable · ' of the Municipal Acl, R.8.O. 1990 c.M,45, as amcndcd.
A~si~tance for lnsnector
19. An Inspector shall have thc right to retain thc sm'vices of thc Town's consulting
cngineer for the purposes oF determining whether the requircmcnts of Schedulc "A" or
Schedule "B" have been complied with, and to assist with the administration o£thia By-
20. By-law No. 98-85, passed by the Corporation ofthe Town of iJncoln on October
5th, 1998, be and the same is hereby repealed.
O~n*ral
21. This By-law shall come into f'orce anti take effect npon its final passing.
BY-LAW read a FIRST time this 3rd dayoF tiny ,1999
BY-LAW read a SECOND time this3, r d day of H a ¥ , 1999
BY-LAW read a THIRD time and F1NALLY PASSED this 3 r d day of
1999
May
A person applying for a permit pursuaut tn Section 4 shall provide to file Inspector tile
following as required:
Ye._.~s ~
0 0
0 0
0
0
O
O
O
O
O
O
O
O
O
O
O
(al a cornr, lcte application io the Ibrm prescribed by thc Inspector;
lb) Ihe applicahlc permit fcc calculated in accordance wilh
Schedale 'B' to tiffs By-law;
lc) a scaled drawing of any rctaiaing wall Ihat may be required
and a description, inc t diug dimeasions, of any malcrials Io be
used in tile conaructiou of snch retaining wall;
(d) a dcscriplion of thc lill proposed to he dural)cd including u
description of the source ur the fill; and
(el if the h)spcctor so requcsts, all accurate I'flan mccling thc
reqaircmcnts scl nul below, aod/or n wrillen agrcenleu(
coutenlplatcd by ScctJon 8.
Plans for tile allcrafion and grading or Ibr the placing or domping
of fill shall be prepared in accordance with the standard drawings
and to tile satisJ'action of the Town, ill accordance with the Town's
Municipal Servicing Slandards a ( as bllows:
I. indicate: ibc north arrow on Ibc i~lao
swales - inverts mid typical crass section
all grade breaks
direetiou of flow arrows
title block - including lot and plan number
s~le used:
0
0
0
0
0
0
2. refer alt clevalions to tile closcst municipal bench mark
(metric-gcodctic);
3. show all r, roposed catch basins, leads, top of grade elevations
and inverts;
4. show existing cnntours;
5. show rcgiooal Ilood lines ifapplicablc;
6, show cxJsii,g aud proposed elevations al lot corners and all
building corners:
7. show speciticd building gradc lie. highest grouM elevatiou at
outside of wall), driveway elevations lop or foe dalton and lowest
c'penmg in [bundation;
0
0
g. show exi:;ling and proposed road grades, lengths and elevations
on all streets with symbols at grnde changes iudJcaling direction of
slope;.
~. indicale all scmi-dctachcd lots with o 1 i lc p an;
I0. show all e semcnts - existing and proposed;
(continued)
Yes ~
0 0
0 0
0 0
0 0
0 0
,SCIIEDUL~ "A"
11. show proposed elevations along botuldary of all blocks
'abutting single flintily and semi-detached lots in Ibc subdivision;
12. illusOatc 1hat all drainngc oullcts Ibr abutting propcrtics arc
mainlained;
13. show a table for a list of revisions above the title block;
14. the approval o£a drainage plan is related to drainage only; il is
the responsibilily o£11'~e developer to ensure that the drainage plan
complements Ibc land and suils lite houses to be conslructcd;
15. sbow temporary erosion control measures to be ill place dm'big
the construclio~ period, eg silt fence, sedimentation lraps, etc. and
permanent erosion control works to be left ill place after
cortstr't~ction and lot grading is compleled, ag. siltation ponds, etc.
~LO~ OE Fl~COF~
PEI~41T FEE,~
Any applicable supplementary Fees where rcqui 'ed by wriHcn agreement with the
Corporation: .~
ApPlication Fee.. no
...................................................... charge
Perm t Fee o .
........... (10~ of eshmated value of work np to $250 maximum)
~CItEDUL~ "B"
PEILM1T FEE~
Any applicable supplementary fees where 'cquired by writtea agreement wilh the
Cm'poration:
ApPlication Fee ............................................... .... no charge
Permit Fee ..................... 00% of estimated value ofwork ap tO $250 maximum)
Address:
TOWN OF LINCOLN
SITE ALTERATION AND GRADING APPLICATION FORM
Phone No.: Residence: Fax:
Business:
Applicant/Agent'aName (if diff':rent from Owner):
Address:
Phone No.: Residence:
Business:
Deserbtion of Proo~8'/
Municipal Address:
Brief Legal Description: Lot
Plan
Other-
(attach survey if available)
D~seriotion of Pmoose. d Work fnlease make apnlicable provisions)
Do you propose to add, fill to the property? Yes/No
Do you propose to alter the grading of the property? Yes/No
Do you propose to remove soils from tile property? Yes/No
Do you propose to eonstmct retaining wall(s)7 Yes/No
please Describe Nature of Prenosed Works
'iplease attach sketch o~plan to illustrate)
Please Answer Followina Ouestions
Is there a registered flood and/or fill linc on tile property? Yes/No
Is there an environmentally sensitive area (ESA) bn this
property7
Has the property ever been used for industrial/ Yes/No
emmnereial/institutional purposes'? Yes/No
Is there any environmental contamination on tile property? Yes/No
Will elevatious be altered at any property bmmdary? Yes/No
EOR OFFICE USE ONLY
Application Date Received:
Application Date Insp6cted:
Agreement Required: Yes/No
(attach agreement if applicable)
Permit Issued: Yes/No (Ace#R311-0000-0663)
More Information Required: Yes/No
(attach requesting information if applicable)
Security Requ red: Yes/No (Acc#RESDP)
_Conditions Added: Yt~s/No/Attach Permit
_STAFF COMMENTS
11/23/200i 89:39 3742972 CHAMBER OF COMMERCE PAGE 02
II
2001
40~ DORCHESTER ROAD
NIAGARA FALLS
ONTARIO L2E 6M9
H~ WorU~ Mayor W~ ~ ~ ~ ~ ~
City of Niagara FMs
4310 Quee~ Slmet
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We are
The City of
Niogoro Foils
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: munwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-19
File S-70-25
November 26, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-128
High Rate Treatment
Environmental Assessment Study Completion
RECOMMENDATION:
It is recommended that this report be received and filed for Councils' information and staff be
authorized to proceed with the next stage of this project.
BACKGROUND:
City of Niagara Falls engineering staff initiated a study in 1994 to study the various options for
controlling combined sewer overflow to the Niagara River and other waterways within the Niagara
Falls urban area. The control of Combined Sewer Overflow to the environment is mandated by
Ministry of the Environment legislation. Failure to comply with this legislation can result in the
issuance of orders to comply with the legislation immediately and/or the freezing of development.
Combined sewer overflow, CSO, occurs when existing combined sewers and pump stations are over
loaded due to heavy and/or prolonged rain fall. The "City of Niagara Falls Sewer System Analysis
and CSO Abatement Study" identified four possible options for the control of combined sewer
overflow. The control of Combined Sewer Overflow to the environment is mandated by the Ministry
of the Environment. They are as follows:
Oneoine Sewer Separation: $100,000,000
At current spending levels, i.e., $2,000,000 per year, it is forecast by City Staffthat it will take
approximately 45 to 50 years to separate the remaining combined sewers within the City sewer
system.
Sewage Storage of Overflow:
$25,000,000
Storage tanks are used to capture and hold the overflow quantity during a rain event for eventual
Working Together to Serve Our CommuniO:
Municipal Works Fire Sen/ices Parks, Recreation & Culture Business Development
2
release back into the sewer system. Current size estimates for the required storage volume fall
between 24,000 and 25,000 cubic metres, approximately twenty times larger in volume than the
largest City wet weather storage facility at Mears Crescent and Gunning Drive in Chippawa.
Factors such as land availability, construction, maintenance and operation costs make this option in
Staffs opinion unrealistic from both a financial and practical stand point.
PmnD Station/Wastewater Treatment Plant Upgrades: $40,000,000 to $50,000,000
The upgrading of existing pump stations along the Niagara River would allow for an increase in the
mount of sewage pumped during rain events while conveying the portion of the effluent that
previously spilled to the river to the Stanley Avenue Wastewater Treatment Plant.
This option would ultimately lead to a considerable decrease in overflow events but would also result
in a marked increase in flow at the Stanley Avenue Pollution Control Plant. The increased flow at
the Pollution Plant would translate into a marked increase in sewage treatment costs for the City.
The bulk of the aforementioned capital cost would be borne bythe Corporation.
Hioh Rate/Vortex Treatment: $3.000.000 to $5,000,000
High Rate Treatment (HRT) as its name suggests, involves the treatment of raw sewage or combined
sewer overflow at a nigh rate of speed before it is allowed to overflow to the receiving body of water.
This type of treatment has been used extensively in the United Kingdom, the United States and
Europe. In this process, sewage is treated and disinfected on site, at the point of overflow. Treatment
times in a vortex separator are measured in minutes as opposed to the several hours needed for
wastewater to pass through a conventional sewage treatment plant.
H.R.T. has several distinct advantages over the other options discussed, namely; low capital
construction cost, low operating cost, and minimal land requirements.
Upon completion of the aforementioned study, city staff concentrated their efforts on determining
whether or not the preferred option of"High Rate Treatment" was applicable to the largest overflow
by volume, the Muddy Run overflow located approximately two hundred metres north of the lower
international bridge, (see attached sketch). The Muddy Run overflow constitutes 60 % by volume
of the total combined sewer overflow from the Niagara Falls sewer system to the Niagara River
on an annual basis.
In June of 1997 City and Regional staff initiated a detailed study, "High Rate Treatment Feasibility
Study," to determine whether the CSO at the Muddy mn could be treated using this technology.
Results published in the feasibility study final report indicate that favourable results can be achieved
at lhis particular site.
The proposed treatment site would be located on the property currently being used as a lumber yard
to the South of Buttrey Street. The conceptual design for the facility includes the relocation of the
3
Regions' Central Pump Station from Park Street behind the former Cataract Ice site to the lumber
yard along with the construction of three seven-metre diameter Vortex treatment units.
The Regional Municipality of Niagara is currently conducting two independent appraisals of the
subject site with the intention of purchasing the required land for the treatment facility. The required
Schedule C environmental assessment of the project has been completed as per current provincial
legislation.
Initial talks with Regional staffhave resulted in the following agreements in principle subject to the
respective council approvals and further negotiation.
a) The treatment site would be jointly owned and operated by the Regional Municipaiity of
Niagara and the City of Niagara Fails. This would negate the possibility ora treatment charge
being levied against the municipality by the Regional Municipaiity of Niagara.
b) The Regional Municipality of Niagara would be responsible for the capital cost of the
relocation and replacement of the pump station.
c) The City of Niagara Falls will be responsible for the capital cost for construction of the
High Rate Treatment Facility, approximately 1.5 to 2 million dollars. This portion of the
project will be funded through the Municipal Works Capital Budget, (line item High Rate
Treatment & Muddy Run with a total budget commitment of $ 2,258,000. City staff
recognized au additional $ 523,000 in the form of a grant from The Ministry of the
Environments' Provincial Water Protection Fund.
City staff has now obtained the necessary approvais in principle from the local Ministry of the
Environment office and wish to proceed with this particular project. Funds for this project are
included within the Municipal Works five year capital budget.
Council's concurrence with the above recommendation is requested.
Prepared by:
David Watt, CET
Manager of Infrastructure
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommen~led by:
Ed Dujlovic, P. Eng.
Director of Municipai Works
jo~~ MacPrOved by:
Donald
/,/ Executive Director of Community Services
Can~~
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E6X5
web site: www,city.niagarafalls.on,ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: bdarrall@city.niagarafalls,on.ca
November 26, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re.'
MW-2001-161
Digital Large Format Print Processing System
Ed Dujlovic, P. Eng.
Director
MW-2001-161
RECOMMENDATION:
It is recommended that the purchase of a Digital Large Format Print Processing System,
XES 8825 DS with Synergix Scanner be awarded to Argo Graph Process Ltd. at a cost of
$42,555.75 including installation and all taxes.
BACKGROUND:
The existing OCE 7100 engineering printer needs to be replaced since parts are no longer
manufactured and new original parts are not available. Seven Digital Large Format Print
Processing Systems were tested using a variety of original drawings. Only the KIP 2052STF,
OCE TDS4476 and the XES 8825 DS could reproduce the poor quality drawings legibly.
A Request for Proposal was prepared that stipulated all the specific requirements for each system
including required parts, software, installation, training and the removal and disposal of the
existing printer.
The new Digital Large Format Print Processing System will not only replace the existing printer.
The system will provide new functionality. The new system will allow the City to scan and
archive old and new drawings. These drawings will be made available to City staffto view and
print directly from the network. With tender drawings in a standard scanned format, all tenders
and tender drawings will be able to be posted on the City's Internet Site - Bid Opportunities Page.
The new printer will receive, print and collate sets of digital files directly thus reducing staff
time printing drawings.
The proposal was sent to ten (10) companies and placed on the City's Intemet Site - Bid
Opportunities Page. Nine (9) companies responded with proposals.
Listed below is a summary of the totalled proposal price, including all taxes.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation g Culture Business Development ·
Building & By-Laws
2001-11-26
2
1. Agro Graph Process Ltd.
2. Azon Canada Inc.
3. l~rn Imaging Products Inc.
4. MC Reproductions Inc.
5. KIP Canada
(Toronto)
(Mississauga)
(Rexdale)
(Mississauga)
(Mississanga)
XES 8825 DS
XES 8825 DS
KIP 2052STF
XES 8825 DS
KIP 2052STF
6. The Drafting Clinic Canada Ltd. (Mississauga) KIP 2052STF
7. Automated Design Systems
8. OCE Canada Inc. (Toronto)
9. XEROX Engineering Systems (Markham)
Financing:
(Stoney Creek) OCE TDS4476
OCE TDS4476
XES 8825 DS
MW-2001-161
TOTAL COST
$42,555.75
$45,149.00
$45,493.95
$45,952.85
$45,981.60
$46,235.75
$51,560.65
$57,146.20
$59,153.41
The estimated costofa new Digital Large Formm PfintPmcessingSystemwas$55,000.00to
$60,000.
Therefore sufficient funding is available from the Current Budget G-008-2010-3800, $27,000
and Special Purpose Reserve for Engineering Office Equipment G-008-2010, $15,555.75.
The Committee's concurrence with the above recommendation would be appreciated.
Prepared by:
Bob Darrail, C.E.T.
Project Manager
Respectfully submitted by:
Edward p. L~'~'-Tusfig/~r~ r~_../)
Chief Administrative Officer
Recommend. dj by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
Approved by: /
/J John MacDonald
Executive Director of Community Services
Niagara Falls
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city, niagarafalls.on.ca
Adele Ken
Director
R-2001-54
November 26, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2001-54
Phase II - Tender No. 10-2001 -
Replacement of Shingles - Stamford Arena Roof
RECOMMENDATION:
That Council award Tender No. 10-2001 Replacement of Shingles- Stamford Arena to Baron Roofing
and Sheet Metal Ltd. for the total sum of $33,485.65.
BACKGROUND:
In September of 1998 Nedlaw Roofing completed Phase I of the Stamford Arena re-roofing project.
Phase I included the lower slope areas of the arena cambrel roof. This section of the roof was more
susceptible to ice damming which was causing the roof to leak. Ice damming is caused when snow
and ice build up on the roof. Water is then able to find its way up under the roofing shingles. This
section of the roof was replaced with a PVC roofing membrane. The new PVC membrane has
rectified this problem.
Phase II of the re-roofing project is to replace the roofing on the steeper sloped sections of the
cambrel roof. The cost to replace this section of the roof with the PVC membrane was priced out
in 1998 to be approximately $75,000.00. Because this roof has a steeper slope, snow is not able to
build up on the roof. It was felt that this portion of the roof could be re-shingled with a 30 year
shingle and ice and water shield. This method would result in a considerable cost savings.
The following is a list of the tenders received for Phase II:
Baron Roofing & Siding Ltd
Thorold, ON
$33,485.65
Robert Benevento Roofing & Siding
Niagara Falls, ON
$34,748.25
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
R-2001-54 - 2 - November 26, 2001
Funds for this project have been allocated in the 2001 Capital Budget. Council's favourable
approval would be appreciated.
Director of Parks, Recreation & Culture
Respectfully Submitted:
Edward P. Lustig
Chief Administrative Officer
Approved by:
John Mac~Don~ d~
J~~l;e Director of Community Services
TM/das
V52001COUNCILX2001 11 26\R-2001-54.wpd
Niagara Falls ~,~
Commun~ ~ervlcee Depa~(mant
Munldlml Works
4310 Queen Street
P.O. Box 1023
Nl~ara Falls, ON L2E 6X5
web sit~: www,city.niagarafalls.on.cs
Tel: (905) 356-7521
F.x: (905) 356-2354
E-mall: munwt<s~clty.niagsm~ls.on.ca
Ed Dujlovic, P. Eng.
MW-2001-162
File G-180-01
November 26, 2001
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagasa Falls, Ontario
Members:
RE: MW-2001-162
Munleipel Parking & Traffic Committee
Reeommendaflom - November 20, 2001 Meeting
RECOMMENDATIONS:
1)
MW-2001-133 - Bcaverdams Road, Watson Street and Surrounding Subdivisions
Area Traffic Operations Review
It is recommended that:
Staff proceed with arrangements for a public workshop following Schedule
B of the Municipal Class Environmental Assessment Process for Beaveraam.~
Road between Lundy's Lane and Kalar Road involving the ~esidents, business
owners and the general public to provide possible solutions to ~xluce the speeds
on Beaverdams Road;
the classification of Beaverdams Road, be downgraded from an arterial
roadway to a eolleetor roadway.
an all-way stop control be installed at the intersection of Beaverdams Road end
Rysdale Street/Magnolia Drive;
a school crossing guard be instituted for Bcaverdams Road at Rysdale
Street/Magnolia Drive;
sidewalks be installed on Rysdale Street fi'om Montrose Road to Beaverdams
~25,~oe~t~om the p ti 's unt the
i s~JlmSon of~ewalk; ~
Stxict and frexlueat enforcement of the 50-km/h speed limi! on Beaverdams
Road be carried out by ~e Niagara Regional Police;
8. No further action in regards to the implementation of neighbourhood traffic
November 20, 2001
-2- MW-2001-162
nuntagement programs be carried out on Watson Street, at this time; and,
9. Staff review the need for the installation of the traffic signal at Beaverdams
Road and Kalar Road and that it be recommendM for installation as soon as it
becomes warranted.
2) MW-2001-147 - Leader Lane between Glenview Avenue and Ternaee Avenue
Heavy Vehicle Restriction
It is recommended that a heavy vehicle restriction including "No Bus~s" and "up to
$5000 fine utb" be implemented on Leader Lane between Glenview Avenue and Terrace
Avenue.
MW-2001-1S9 - Seeord Place- Parking Review
It is recommended that parking be prohibited at all times on the south side of Secord
Place from Heritage Drive to the existing parking prohibition.
n) MW-2001-16O - Drummond Park Villages Subdivision - Heavy Vehicle Restrictions
It is rccommencLM that heavy vehicles be not prohibited at all times on the entire length
of Alex Avenue, ASlma Court, Crimson Drive, DeeFbrook S~roet, Hemlock Stre~
Lakewood Crescent, Sandy Court, Trillium Crescent and Wildrose Crescent.
5) Downtown BIA - Request for 2 hour flee parifln~ at Ou..S~reet Parking Meters Only
.during Month o! December Only
It is recommended that 2 hour flee park~, at on.street parta,~ meters only, in the
Downtown Core, during the ~ be approved.
6) Project S.ILA.ILE. - Request for free parking in Municipal Parking Lot #18
It is recommended that Project S.H.A.R.E. be permitted to use 5 to 10 parking spaces for
staff and volunteers in Mani¢ipa] Parking Lot # 18 Dom November 21,2001 to December
24, 2001.
8ACK(~ROONI:):
'Die Municipal Parking and Traffic Commit~e, at its meeting of November 20, 2001, considered
the matters noted and formulated the recommendations above.
Council's concurrence with the recommendations outlined in this report would be appreciated.
Respectfully submitted by:
Alderman Klm Craltor, Chairperson,
Municipal Parking & Traffic CommiRee
The City of
Niagara FOils
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
website: www.city.niagarafal[s.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih planning@city.niagarafal]s.on.ca
Doug Darbyson
Director
PD-2001-102
November 26, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-102, Streetseape Master Plan
RECOMMENDATIONS:
It is recommended that the Committee:
1) approve-in-principle the Streetscape Master Plan;
2)
direct staff to develop an implementation and financing strategy in concert with BIA's and
stakeholders;
3)
authorize staff to issue comments to Regional Niagara regarding the reconstruction of
Stanley Avenue to ensure that the reconstruction is in keeping with the Streetscape Master
Plan; and
4)
authorize staffto initiate an Environmental Assessment (EA) for the completion of the Grand
Boulevard design.
BACKGROUND:
In November 1999, the consulting firm, The MBTW Group, was hired to prepare a Streetscape
Master Plan for the tourist area. Streetscaping is one of the comerstones of the Official Plan's
tourism policies, the Park-in-the-City. The Park-in-the-City concept was developed by Urban
Strategies in the Tourist Area Development Strategy (TADS). The concept is to bring the greenspace
and park setting of Queen Victoria Park into the tourist districts with tree-lined streets, planted
boulevards, walkways and parkettes. In order to achieve this, streetscape plans were recommended
to be prepared for each district. Council, as part of its approval of the tourism policies ofthe Official
Plan, authorized staff to engage a consultant to develop a Streetscape Master Plan for the tourist
districts. Funding o fthe Master Plan was provided through development charges as the study would
be providing standards to be achieved in the design and upgrading of City streets and boulevard
treatments by private developers.
Working Together to Serve Our Community
Clerk's · Finance Human Resources Information Systems Legal Planning & Development
November 26, 2001 - 2 - PD-2001-102
Through streetscaping and high quality urban design, the streets of the six tourist areas will become
lively, pedestrian-friendly open spaces that are as much for people as they are for traffic. The Master
Plan provides the concepts and details of how to achieve this type of urban environment for each of
the tourist districts. In Fallsview, a pedestrian mall for Main Street and greenspaee linkages are
envisaged. A hierarchy of streets is established with streetscaping details for each type of street.
Street intersections become parkettes referred to as markers and celebration places. These parkettes
will tell the story of an aspect of the City's history through interpretive plaques, landscape elements
and public art. They will also help visitors find their way through the City. Other urban design
elements include portals with large, vertical structures that mark the entry into another district, and
gateways. Celebration plans will be developed along Lundy's Lane marking the history of the street.
Street improvements include new streetlight standards, wider sidewalks and parking lot screening.
A wider sidewalk with bollards is recommended for the River Road and Whirlpool subdistricts.
Approval-in-Principle
The Plan is proposed to be realized over a 10-year time frame. Approval-in-principle of the Master
Plan will effectively kick-start the aesthetic design elements ofpending projects. Several public and
private streetscape projects have been awaiting the completion of the Plan as details were required
regarding right-of-way widths and streetscape themes. Developers have entered into agreements to
construct future streetscape works upon completion of the Master Plan study. The following public
works and private developments can now be finalized based on the Master Plan standards:
· Public Works
· Private developments
Grand Boulevard design (Fallsview Boulevard from
Murray Street to Portage Road)
Falls Access Street design (Murray Street from Queen
Victoria Park to Fallsview Boulevard)
Entry Corridor design (Stanley Avenue from North Street
to Marineland Parkway)
Main Street (Allendale Avenue to Fallsview Boulevard)
Marriott, Fallsview Boulevard
Embassy Suites, Fallsview Boulevard
Radisson, Fallsview Boulevard
Hilton, Fallsview Boulevard
Crowne Plaza, Stanley Avenue
Sheraton Fallsview, Fallsview Boulevard
Days Inn expansion, Fallsview Boulevard
Lodge-by-the-Falls, Fallsview Boulevard
Skylon Hotel, Murray Street
November 26, 2001 - 3 - PD-2001-102
Approval-in-principle will provide staffthe necessary direction to "design in" the streetscape works
to the streets and developments. It will also allow the roads to be built to the appropriate width and
with the necessary infrastructure to provide for the streetscaping.
Grand Boulevard
The Grand Boulevard will be constructed in sections. Currently, a section of the Grand Boulevard
(Fallsview. Boulevard) between Portage Road and Murray Street is in the Environmental Assessment
(EA) process. Future sections of the Grand Boulevard as it extends along Fallsview Boulevard,
Robinson Street and the CP Rail corridor will also have to go through the EA process. This process
is public and will involve all affected stakeholders and agencies. The EA process proposes a series
of alternative designs for a public works project. Public and agency comments are then sought and
a preferred alternative selected. Comments are then again solicited. The alternative would be
adopted by Council and sent to the Ministry of Environment for approval.
Refining the Plan
Currently, the plan is in draft form. It is complete, however, staff, Regional Niagara and the Niagara
Parks Commission have not completed their review of it. Once these reviews are complete, the plan
will then be circulated to the BIA's and stakeholders for review. The focus of these discussions will
be the implementation strategy and financing partnership.
The Master Plan recommends that financing should be done on a partnership arrangement between
the City, the BIA's and individual landowners. The Official Plan requires the upgrading of
streetscapes as a bonusing provision for private developments that exceed 4 storeys. This is an
additional factor that has to be addressed as financing of streetscaping has previously been a
partnership between the City and the BIA's. The arrangement has yet to be determined. Currently,
the City provides for basic common facilities with any road reconstruction. These include sidewalks,
streettighting, boulevard sodding and tree planting. The BIA's, through the Local Improvement
process, pay for upgrades such as decorative streetlighting and banners. Within this scenario, private
developers, through bonusing, will have to provide further upgrades to the streetscape.
The larger streetscape elements, i.e. portals, markers, celebration places and gateways will have their
own implementation strategy. A program will have to be established for their design and
construction. As these are public works within the road allowance, an EA will have to be undertaken
for each element.
Stanley Avenue
The Committee may be aware that Regional Niagara is proposing to reconstruct Stanley Avenue
from Kitchener Street south to Marineland Parkway. The road is to be widened to a five-lane
crossection between Ferry Street and Marineland Parkway. Although Regional Public Works and
their consultant, Totten Sims Hubicki, were advised of the draft streetscape requirements including
planted medians, a double ro~v of street trees and wider sidewalks, the Region's design does not
include these elements.
November 26, 2001 - 4 - PD-2001-102
Stanley Avenue is a vital element of the street hierarchy. It is an entry corridor which welcomes the
visitor to Niagara Falls. As such, Stanley Avenue should be an attractive, well-landscaped road. By
constructing Stanley Avenue in keeping with the Streetscape Master Plan, the stage is set to carry the
same high quality standards throughout Fallsview and the other tourist districts. Should StanleyAvenue
not be constructed with the streetscaping, the opportunity to upgrade the street will be lost. Because
of this, it is recommended that Regional Niagara should be advised that the reconstruction of Stanley
Avenue should be in accordance with the Streetscape Master Plan. By adopting this recommendation
and granting approval-in-principle, the City can include the streetscape guidelines in its comments on
the Environmental Assessment.
CONCLUSION:
The Streetscape Master Plan will transfoma the tourist districts into an animated, pedestrian friendly
open space that will become a destination in themselves. This will be achieved through a public/private
partnership.
Approval of the recommendations noted above will serve to authorize staff to finalize the document and
to engage in negotiations with stakeholders to achieve an implementation strategy.
Jo(o(o(o(o(o(o(o(o(o~~ s 1 ey ''
Plam~er 2
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
Jg~am
Attach.
FILE: S:kPDR~200 lkPD2001-102.wpd
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-maiD: planning@city.niagarafalls.on,ca
Doug Darbyson
Director
PD-2001-103
November 26, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-103, Finalization of Willoughby Land Use Study
Proposed Planning Framework
RECOMMENDATIONS:
It is recommended that Council:
1)
approve the proposed planning framework for the area which was the subject of the
Willoughby Land Use Study; and
2)
authorize staff to initiate amendments to its Official Plan to implement the planning
framework described in this report.
BACKGROUND:
Hynde Paul Associates was hired to undertake the Willoughby Land Use Study in order to determine
development opportunities and appropriate land uses with corresponding policies within the former
Township of Willoughby south of Chippawa between the QEW and Niagara Parkway. The study,
funded by the City, Region and Niagara Parks Commission, referred to hereafter as the agencies, was
undertaken to recognize the Niagara Parks Commission golf course and heritage interpretation centre;
provide for complimentary land uses around the Niagara Parks Commission development; provide for
land uses and policies to reflect the growth strategy of the City and Region; and remove the deferred
land use designation and policies for this area.
On June 11, 2001, Council approved the attached staff report PD-2001-53 which set out the basic
development concepts proposed by the consultant and authorized an open house whereby the
consultants would present their findings and recommendations for the Willoughby Land Use Study.
On July 26, 2001, a public meeting was held at the Chippawa Willoughby Memorial Arena to receive
public input. The work completed by the consultant has provided staff with important background
material on the study area, and a general planning framework for future development in the area. The
agencies have reviewed this information, considered public input, and refined the development concepts
proposed by the consultants to better address public input and the planning objectives of the agencies
involved in the study:
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
November 26, 2001 - 2 - PD-2001-103
PLANNING FRAMEWORK:
The attached map, Schedule 1, illustrates the new proposed policy designations, namely: estate
residential development, a deferred urban area, a nodal development area at the QEW intemhanges, a
Rural Recreation designation for the remaining area and additional Environmental Protection Areas.
The land uses proposed for each designation and key development requirements and restrictions are
described below:
Estate Residential
The approach toEstate Residential development is to contain it within the limits shown on Schedule 1
of this plan in keeping with "smart growth" planning principles and to avoid the consequences of urban
sprawl. The boundary for estate residential development is based on existing rural residential
development and lot fragmentation as well as using Ussher's Creek as a natural boundary so as not to
extend such sprawl further.
The Estate Residential designation is proposed in order to provide limited infilling opportunities
between golf course and rural residential lots which are sensitively designed and integrated with the
natural environment and open space character of the area. Such development is seen as compatible and
complementary to the Niagara Parks Commission Golf Course development and surrounding rural
residential development.
In order to ensure estate residential development is sensitively integrated with the natural environment
and open space character, lot sizes will range from 1 to 2 hectares (2.5 to 5 acres) with a median lot size
of approximately 3 acres; estate lots will be accessed by internal street systems, designed to minimize
strip development along existing roadways; natural areas shall be protected through the careful
positioning of lots and internal street systems and use of conservation easements and development will
be properly separated from livestock operations.
The extension of municipal water or sewage services to the Estate Residential area is neither appropriate
nor contemplated by this Plan. Only development proposals which can demonstrate the adequacy and
safety of potable water supplies, the long term sustainability of private waste disposal systems, and
methods of effectively managing stormwater drainage will be considered.
Traffic generated by residential estate development will need to be accommodated on local roads,
thereby limiting the impacts on the Niagara River Parkway. Traffic impact studies may be required to
assess traffic operations and traffic impacts associated with new developments.
Open Space
The Niagara Parks Commission Legends on the Niagara Golf Complex and Chippawa Battlefield
Interpretive Centre will be redesignated from Residential and Good General Agricultural to Open Space.
This designation appropriately recognizes uses such as golf courses as well as parks and recreational
areas. The Environmental Protection Area designation referring to the floodplain of Ussher's Creek will
be maintained.
The agencies do not see the necessity of another entrance to the Parks Commission golf course form
Weaver Road as suggested by the consultants. This will alleviate the traffic concerns of residents in
the area.
November 26, 2001 - 3 - PD-2001-103
Parkway Residential
The agencies propose that the existing Parkway Residential designation along Niagara Parkway be
maintained. This would maintain the existing linear form of development, fronting on the Parkway and
protect natural areas in order to preserve and enhance the scenic qualities of the Niagara River Parkway.
Additional commemial opportunities are not contemplated.
A few additional policies may be added to clarify servicing and drainage requirements for multiple lot
plans of subdivision.
Development Nodes
The agencies agree the QEW interchanges at Sodom and Netherby Roads represent potential
development opportunities. These nodes will receive a special designation which recognizes these areas
for large scale development opportunities where full municipal services can be provided. These large
scale gateway developments can be tourist commercial, recreational, or highway commercial in nature
in order to take advantage of the strategic proximity, profile and access of this major transportation
corridor relative to regional, provincial and United States markets. The intent is for the nodes to
develop over the long term as an urban serviced "Gateway" areas. Interim small scale development on
private services is not to be considered. Amendments to the Official Pan, and Zoning By-law will be
required for such development in order to properly determine ultimate land uses and compatibility,
boundaries of development nodes, traffic and transportation considerations environmental impacts and
servicing concepts. A servicing strategy will need to be jointly developed by various stakeholders
including the City, Region and developers with specific proposals.
Natural resource protection will be a high priority with respect to any development and may in some
cases provide logical boundaries to nodal development.
In order to provide scenic open space vistas between the Niagara Falls and Fort Erie urban areas,
continuous strip development is not envisioned. Connection to municipal services will he restricted to
the nodal areas and eventually deferred urban area.
Deferred Urban Area
The Deferred Urban Area identifies this area as the primary location for future urban boundary
expansions. The future long term expansion of the urban boundary into this area is in keeping with the
long term growth strategies of the City and Region. This area will be protected for future urban
development by permitting only low intensity development and preventing significant land
fragmentation. Existing uses and modest expansions thereto will be allowed. Land uses which could
hinder cost effective future urban growth such as greenhouses, new livestock operations and estate
residential subdivisions will not be permitted.
Currently, the City has urban land supply which can accommodate growth in excess of 20 years.
Therefore, the deferred urban area is to serve the very long term urban development needs. Future
urban boundary expansions will require local and Regional Official Plan amendments and must address
issues such as need based on population projections and existing land supplies, availability of services,
timing, staging and preparation of a secondary plan.
November 26, 2001 - 4 - PD-2001-103
Rural Recreational
The area south of Ussher's Creek is currently characterized by a variety of land uses including
aghcultural uses, hobby farms, conservation uses, forestry, utility corridors and non-farm residential
uses.
There are significant amounts of scrubland within these areas. Agricultural production is limited due
to heavy clay soils which require tile drainage investment. Given, the lack of agricultural pursuits and
the areas location between the QEW, NPC golf course, Niagara River Parkway and future estate
residential, urban areas and nodal developments, it would appear this area will not be an intensive
agricultural area. Nevertheless, it is important to maintain the Rural Open Space character of the area
to provide scenic, attractive separation between the Niagara Falls and Fort Erie urban areas and maintain
smart growth principles.
The predominant use of land recommended by the agencies in the Rural/Agricultural area will be low
density, open space in nature and will include agricultural uses hobby farms, greenhouses, forestry,
conservation and limited non-farm residential development. Recreational commercial uses including
golf courses, driving ranges, campgrounds, small scale industrial and commercial uses and agri-tourism
uses may be permitted where they are compatible with the rural environment and subject to a zoning
amendment to ensure there is no adverse impact on the rural environment or natural amenity of the area
and the long term functioning of private sewage disposal systems can be ensured.
Environmental Protection Areas
It is important to protect significant natural features within the study area. Within the study area the
floodplain of many of the existing creeks are designated as Environmental Protection Area (EPA).
However, the EPA can also be used to protect significant wetlands, woodlots, habitat areas and areas
of natural and scientific interest. The consultant's study identifies several creeks and woodlots which
are significant enough to warrant protection. The features are shown on the attached map (Schedule
1). The wet/woodlots shown on the map are unevaluated wetlands and Regionally significant areas of
natural and scientific interest. These woodlots meet several of the criteria used by the province for use
in identifying Provincially Significant Woodlots.
There are several small creeks classified as Type 2 fish habitat by the Ministry of Natural Resources
(MNR). There is no floodplain mapping for these creeks, the proposed EPA designation will protect
a 15 metre buffer on both sides of the creeks in accordance with MNR guidelines.
The Willoughby Land Use Study has recommended the Niagara River be designated as EPA to
recognize it as an important fish and wildlife habitat area. The bank of the creek is currently designated
as EPA. Modifications to the Official Plan will be made to recognize the importance of the Niagara
River and its watershed and stating support for initiatives such as the Niagara River Remedial Action
Plan and Toxic Management Plan.
Natural Resources
As mentioned, significant natural features will be designated as Environmental Protection Areas.
However, there are man~ smaller locally significant woodlots within the study area. The Natural
Resource policies of the Official plan will be amended to ensure the integrity of locally significant rural
woodlots, hedgerows and creek systems are protected and that these features are properlyintegrated into
any development.
November 26, 2001 - 5 - PD-2001-103
Severances
Currently, severance policies in the Willoughby Land Use Study area are limited to form related
severances since the area is classified as a Good General Agricultural area in the Regional Policy Plan.
It is recommended that within the Deferred Urban area, Rural Recreational area and Development Node
areas that fragmentation of land into small parcels be restricted. Within the deferred urban and
development node areas this will allow larger parcels to be available for properly planned future urban
development. Within the Rural Recreational area it will maintain the Open Space Rural character,
provide for hobby farming and facilitate the merger of parcels for recreational purposes. It is believed
severances, whereby both the severance and remnant parcels are a minimum of 10 hectares in size, will
meet these objectives. Allowing limited infilling severances, primarily one or two lots, between two
existing rural residential lots or a rural residential lot and watercourse or road allowance is also seen
as a way of restricting sprawl and fragmentation while providing practical development opportunities.
It should be noted the extra residential development created by severance policies must demonstrate the
long term functioning of private sewage disposal.
CONCLUSION:
This report sets out a framework which provides the various land use designations proposed, their
associated boundaries, the types of development to be permitted and criteria to be met. Approval of this
framework will allow staff to develop more detailed policies and process an amendment to the City's
Official Plan to implement this framework. Further public input will be incorporated through the
processing of the planning amendments.
[r~red by:
Dave Heyworth
Planner 2
Respectfully submitted:
Edward P. Lusti~
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Executive Director of Corporate Services
DH:am
Attach.
FILE: S:~PDR~200 I~PD200 l-103.wpd74
Schedule 1 PD-2001
Legend
Existing Environmental
Protection Areas
Existing Parkway Residential
Proposed Defered Urban
Proposed Rural Recreational
Proposed Estate Residential
Proposed Open Space
Proposed Development Nodes
Proposed Environmental
Protection Areas
Urban Area Bounderay
Proposed Willoughby
Designations
Scale: 1:45000
Planning & D~velopment
File:
Corporate Services Department
The City of
Niagara Falls IJlll
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-mail: planning @city.nlagarafalls.on.ca
Doug Darbyson
Director
PD-2001-53
June 11, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-53, Willoughby Land Use Study
RECOMMENDATION:
It is recommended that Council authorize staffto host an open house whereby the consultants
will present their findings and recommendations for the Willoughby Land Use Study.
BACKGROUND:
Hynde Paul Associates was hired to undertake the Willoughby Land Use Study in order to determine
development opportunities and appropriate land use with corresponding policies within the former
Township of Willoughby south of Chippawa, between the QEW and Niagara Parkway. The study,
funded by the City, Region and Niagara Parks Commission, was undertaken to address anticipated
development pressures and oppommities from the Niagara Parks Commission golf course
development.
Several meetings were held with the consultants and staff from the three participating agencies to
discuss concepts of land uses and corresponding policies. An Open House was conducted by the
consultants to obtain input from area property owners early in the process. The consultants have
prepared draft policies which outline the development concepts and provide some guidance for
development.
The basic development concepts are as follows:
1. Estate Residential Development
A designation will be established to provide for estate residential development. Areas
identified as having potential for estate development are located along the Niagara Parl/way
as well as east of Willoughby Drive and north of Miller Road, adjacent to the Parks
Commission golf course. Within these areas there should be a range oflot sizes up to 5 acres
with a minimum lot area of 2.5 acres, The intent of the policies is to blend the development
with the rural landscape and natural features as much as possible.
Working Together to Serve Our Community
Clerk's · Finance Human Resources · Information Systems Legal Planning & Development
June 11, 2001 - 2- PD-2001-53
The policies propose some in-depth cul-de-sac development 'off the Parkway. The
consultants have indicated these would be only isolated opportunities for such development
along the Parkway. The estate Residential area would be designated as Rural in the Regional
Policy Plan.
Deferred Urban Area
Currently, the area south of Chippawa, north of Marshall Road between the QEW and
Usshers Creek, is designated as Rural in the Regional Policy Plan. This Rural area is
identified for long term future urban boundary expansion and is to be designated Deferred
Urban in the Region and City's plans. Policies will be developed to protect those lands for
long term growth by minimizing land fragmentation or the establishment of new livestock
operations so that urban expansion potential will not be encumbered.
QEW Nodal Development
The consultant proposes to delineate development nodes at the Lyon's Creek, Sodom Road
and Netherby Road interchanges with the QEW. These nodes would serve as "Gateways"
to take advantage of the QEW as an important transportation corridor linking the area with
other centres intheRegion, SouthemOntario andUnited States Markets. These nodes could
capture tourist commercial, recreational, highway commercial or industrial uses subject to
Official Plan and Zoning amendments with Site Plan approval. Planning policies would
limit short term development to private servicing capabilities and provide for long term
expansion tied to the extension of urban services. Any development must adequately protect
environmental features and address land use compatibility issues. These conceptual nodes
establish a "window of opportunity" to consider development around the interchanges.
Rural/Agricultural
The Rural/Agricultural area refers to the lands lying outside of the Parkway and Estate
Residential Area, Deferred Urban Area and QEW Development Nodes and those lands
designated Environmental Protection. The consultants propose that this area retain much of
its current character, permit agricultural activities (including greenhouses), agri-tourism uses
located on ihe same property as an agricultural operation, forestry, conservation, and existing
non-farm residential uses. Recreational commercial uses including golf courses, driving
ranges, campgrounds, small scale industrial and commercial uses and stand-alone agri-
tourism uses are listed by the consultant as possible uses which could be considered subject
to a zoning amendment to ensure they are compatible with the rural environment.
The consultant proposes that severances be permitted on a case by case basis to protect the
rural environment and natural features. Non-farm residential development is proposed to be
permitted on an infilling basis only in this area.
June 11, 2001 - 3- PD-2001-53
5. Natural Features
The consultants propose amendments to the Environmental Protection Area (EPA) policies
to address Provincial Policy Statements. The consultant recommends specific woodlot
features greater than 40 hectares be designated as EPA's as well as Regionally Significant
Areas of Natural and scientific interest including the Waverly Woodlot, Willoughby Drive
Woodlot, Willoughby Marsh and Boyer's Creek Bush.
In addition to Environmental Protection Areas, the study also recommends the protection of
other natural features such as hedgerows which provide a linkage function and woodlots
between 10 hectares and 40 hectares (25 - 100 acres) in size. In these cases, woodlots should
be incorporated into the design of the development to the greatest extent possible through
tree preservation plans.
6. Servicing
The consultants conclude that the estate residential development be serviced by private
individual on-site systems. Communal sewage and water supply systems servicing
residential condominium developments are also proposed by the relevant agencies. In
general, all development will depend on private services. The consultant proposes that the
extension of municipal services to nodal areas should be considered over the long term to
optimize land use in these areas. Such consideration would be the subject of further study
between the City and Region.
The consultant is also proposing that where development within the Parkway and Estate
Residential and QEW interchange nodal areas is considered, traffic impact studies would be
required.
PUBLIC PROCESS AND COMMENTS:
The consultant has submitted a policy framework which provides a scenario as to the type of
development they envision for the study area. Staffis requesting that a public meeting be arranged
so that the consultant can present his findings to Council and the public in more detail. Once
comments are received and considered, staff can report to Council with appropriate
recommendations on the consultant's findings.
STAFF COMMENTS:
At this stage, staff feels there are considerable wording refinements necessary to clarify and
strengthen draft policies. It is also staff's opinion that further consideration may have to be given
to how the boundaries of estate residential development will be established. With so much
development potential being contemplated on private services it is important that such development
be sustainable over the long term and contingency measures be incorporated in the process.
June 11, 2001 - 4 - PD-2001-53
CONCLUSION:
The consultants have prepared a policy fi'amework which can be presented to the public for
comment. Further policy refinement and issue deliberation is necessary, but public feedback would
be beneficial at this stage.
P~~ed by:
David Heyworth
Planner 2
Respectfully submitted:
Edward P. Lustig~~
Chief Administrative Officer
Recommended by:
oug Darbyson
Director of Planning & Development
Approved by:
,o~Tony Ravenda
Executive Director of Corporate Services
DH:am
Attach.
FILE: S 5PDR~001 ~PD2001-53.~1
The City Of
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafal[s.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
November 26, 2001
Doug Darbyson
Director
PD-2001-105
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-105, Designation of the Leeming House
5781 Highland Avenue, Niagara Falls
RECOMMENDATION:
It is recommended that Council authorize staff to initiate proceedings to designate 5781
Highland Avenue as a property under Part IV of the Ontario Heritage Act.
BACKGROUND:
At the September 10, 2001 Council meeting, upon the recommendation of the Local Architectural
Conservation Advisory Committee (LACAC), Council directed staff to investigate the Leeming
House (Biller Estate) and any possible municipal involvement to ensure its preservation.
At the same meeting, Peter Stokes, a nationally respected restoration architect, made an impassioned
plea for Council to take an active role in the preservation of the house. He referred to this building
as a "gem" which is worthy of attention. Mr. Stokes has completed an exhaustive examination of
the house. He noted the house is rare and unique in the fact that it is very much intact and
exemplifies a domestic building from the second quarter of the nineteenth century. He encouraged
consideration of hehtage designation for the property.
SIGNIFICANCE:
The Leeming House, a remarkable survival of an early nineteenth building in the neo-Classical or
Loyalist tradition, but very much of a vernacular character, remains in an unusual location to be
rescued for its preservation and future enjoyment. Architecturally, the Leeming House is significant
for its early shape and structure, being so little changed from its original broken-pitched saltbox
frame and front verandah. Furthermore, its complement of original trim and joinery is of particular
merit and quality, representative of the best domestic work of the early nineteenth century. The
Leeming House also exhibits an early dwelling layout of interior chimney locations with fireplace
heating augmented by stoves.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems · Legal Planning & Development
November 26, 2001 - 2 - PD-2001-105
Lasting for almost two centuries with so little change, its footprint and space the same as when it was
built and first enlarged shortly after, it demands utmost care, respect and appropriate treatment in its
restoration and enhancement or, alternatively, as a first step, its rehabilitation for occupancy.
History
built just afier the War of 1812, it was the property of Margaret Hickman Shaw at the time
of her marriage to Reverend William Leeming in 1823;
Leeming was the second Church of England missionary to the Niagara Peninsula; the
Leeming House was a cultural, social and religious setting during early settlement of Niagara
Falls; Thomas Brock Fuller, the Leeming's nephew, was raised in the house;
· Fuller was the first Bishop of Anglican Diocese of Niagara;
Architecture
· rare crafismanship - brick filled, post and beam bent timber frame;
· form of house - one and a half storey saltbox;
· chimneys are internal to floor plan - an early nineteenth century construction technique;
· original clapboard exterior with traditional detailing;
· interior is conventional centre hall plan;
best parlour, a room to the left of the front door, shows very refined woodwork with an early
fireplace and mantel;
study behind parlour, enlarged early on, displays superior mantel and delicate moulding
profiles;
living room to the right of the centre hall displays elaborate pilaster trim with comer blocks
dating from the first quarter or early second quarter of the nineteenth century.
ALTERNATIVES:
Staffinvestigated the option of private ownership versus public ownership as directed by Council.
a) Private Ownership
For the right purchaser, the Leeming House provides a chance to own a rare piece of history.
The best thing about this heritage home is that it is relatively untouched from its original
character. This feature also presents its downfall. Because it has not been modernized, the
house requires complete new mechanicals (heating, plumbing, electricity) as well as general
repair and upgrading. With modem improvements, the house could once again be a
comfortable residential property.
November 26, 2001 - 3 - PD-2001-105
Accordingly, estimates to upgrade and rehabilitate the building to current residential
standards could reach $224,000. However, some "sweat equity" on the part of a new
homeowner could reduce the costs.
b) Public Ownership
Usually historical buildings acquired by a municipality are used as museums. Not every old
building is suited to being a museum because of size, cost, ability to withstand large volumes
of people, or because it does not fit into a municipal program. The City does control two
artifact museums (Lundy's Lane and Willoughby) and one house museum (Fralick's Battle
Ground Inn).
The Director of Parks, Recreation and Culture reported that it is not possible to describe how
this property would fit into either the City's Lundy's Lane Battlefield interpretation or the
existing Museums' structure. Whether or not there is a role for the Leeming House as a
municipal property needs to be addressed in the Heritage Master Plan planned for 2002.
Estimates in the report by Peter Stokes project the cost of total restoration to museum
standards to be in the range of $455,000.
Other Municipal Involvement
Whether the building remains in private hands or comes into public ownership, the building should
be designated by Council under the Ontario Heritage Act in order to ensure the property is sensitively
improved to protect its historic building fabric and character. The owner has now requested
designation. The Ontario Heritage Act provides that any proposed changes to be undertaken on the
building, which might affect the reasons for heritage designation, would first be reviewed by
LACAC and authorized by City Council. Designation ensures that owners will proceed with caution
when planning any alterations to their historic properties. If an owner wishes to demolish a
designated property, City Council must be consulted. Council has time to review the demolition
application and an opportunity to work with the owner to find an alternative to demolition through
cooperative negotiations.
In addition, LACAC has the property listed on the City's web site of heritage real estate available in
the City. In addition, the property is listed on the Historic Architecture Linking Program (HALP)
managed by the Architectural Conservancy of Ontario.
CURRENT SITUATION:
Since the September 10, 2001 presentation, the owners report that a prospective buyer has expressed
interest in purchasing the property. Therefore, immediate response for municipal acquisition is
removed. The owner has requested designation of the property. LACAC recommends Council
authorize staff to proceed with designation.
November 26, 2001 - 4 - PD-2001-105
CONCLUSION:
The house is well documented and of architectural and historic quality of the highest order. It is
worthy of preservation. The first step in this process would be the immediate designation of the
building and property under the Ontario Heritage Act. Every effort should be made to secure a
sympathetic new owner willing to take on the challenges presented by the restoration of a nineteenth
century dwelling.
Prepared by:
Alex Herlovitch
Director of Planning & Development
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
AH :tc
FILE: S:~PDR~2001 ~PD2001-105.wpd
The City of ~'~1~
Niagara Falls
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city,niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905)374-7500
E-mail: rkallio@city.niaga ra falls.on .ca
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-53, Release of Restrictive Covenants
4500 Montrose Road
Our File No.: 2001-205
R.O. Kallio
City Solicitor
L-2001-53
November 26, 2001
RECOMMENDATION:
That Council release the restrictive covenants contained in a Transfer registered in 1960 as
Instrument No. 43120, at no cost to the City.
REPORT:
In 1960, The Corporation of the Township of Stamford conveyed Lots 7 and 8 on Plan No. 160 to
Robert Douglas Gale subject to certain restrictive covenants designed to regulate development and
use of the property. The covenants are no longer required and maybe released.
Prepared by:
S2M. Daniels, A~M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
Re_~~d by:
R.O. Kallio,
City Solicitor.
Respectfully Submitted:
Edward P. Lustig,
Chief Administrative Officer.
Working Together to Serve Our CommuniO~
Clerk's · Finance · Human Resoumes Information Systems Legal · Planning & Development
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 - 66
November 26, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-66
Expansion of the Victoria Centre
Business Improvement Area
(Formerly known as "Victoria Avenue
Business Improvement Area")
Our File No. 1998-325
RECOMMENDATION:
That the Victoria Centre Business Improvement Area be expanded as set out in Schedule "A"to the
by-law attached hereto as Attachment 1.
BACKGROUND:
Pursuant to a letter and request received by the Victoria Centre Business Improvement Area (copy
attached as Attachment lA), the City Clerk sent a Notice of Intention to all affected parties that the
Council of the City of Niagara Falls intends to pass a by-law expanding an area designated as a
Business Improvement Area, specifically the Victoria Centre Business Improvement Area. Attached
as Attachment 2 is the Notice of Intention which was sent out to all affected parties on July 13,2001.
The existing area is shown as shaded and the expanded area is shown in hatch. Although Council
did not give specific instructions to the Clerk to send out the notices, they were sent out and no
petition was received by the owners objecting to being included in the expanded Victoria Centre
Business Improvement Area.
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Should Council pass the attached by-law, the existing Victoria Centre Business Improvement Area
will be dissolved but the board of management is continued and shall be the board of management
for the new business improvement area designated under the attached by-law. [220(29)1
To date, no petitions have been received by the Acting City Clerk and Council may now pass the by-
law designating an expanded Victoria Centre Business Improvement Area.
Reco~...~n by:
R.O. Kallio
Acting City Clerk.
Respectfully Submitted:
Chief Administrative Officer.
Approved by:
T. Ravenda,
Executive Director of Corporate Services
ROK:mm
-3-
ATTACHMENT 1
CITY OF NIAGARA FALLS
By-law No. 2001 -
A by-law to designate an area as an Improvement Area and to establish for such area a Board of
Management.
WHEREAS subsection 220 (1) of the MunicipalAct R.S.O. 1990, c. M. 45 provides that the Council
of a local municipality may pass by-laws designating an area as an Improvement Area and may, by
by-law, establish for any such area so designated a Board of Management to which may be entrusted,
subject to such limitations as the by-law may provide, the improvement, beautification and
maintenance of municipally owned lands, buildings and structures in the area, beyond such
improvement, beautification and maintenance as is provided at the expense of the municipality at
large, and the promotion of the area as a business or shopping area;
AND WHEREAS subsection 220 (26) of the MunicipalAct provides that the Council may pass by-
laws for designating as an improvement area an area that includes all of an existing improvement
area;
AND WHEREAS this by-law will include the existing Victoria Avenue Business Improvement
Area, in addition to other lands;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it
desirable to designate the area shown crosshatched in Schedule "A' to this by-law;
AND WHEREAS the said Council further deems it desirable to establish a Board of Management
for the said area;
AND WHEREAS notice of the intention 0fthe Council to pass this by-law was sent by prepaid mail
on July 13, 2001 to every person who, on the last retumed assessment roll, is assessed with respect
to rateable property in the area shown that is in a prescribed business property class;
AND WHEREAS no petition objecting to the passing of the by-law has been received by the Acting
City Clerk.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
10.
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The area shown crosshatched on Sch .......
edule A attached to this by-law is designated as an
Improvement Area to be known as the "Victoria Business Improvement Area" (hereinafter
called the "Area").
There is established for the Area a Board of Management to be known as the "Board of
Management for the Victoria Centre Business Im " '
provement Area (hereinafter called the
"Board").
There is entrusted to the Board, subject to the limitations hereinafter set out, the
improvement, beautification and maintenance of municipally owned lands, buildings and
structures in the Area, beyond such improvement, beautification and maintenance as is
provided at the expense of the municipality at large, and the promotion of the Area as a
business or shopping Area.
The Board is a body corporate and shall consist of 11 members appointed by the Council,
two of whom shall be members of the Council and the remaining members shall be
individuals qualified for membership in the Business Improvement Area or nominees of such
individuals or of Corporations so assessed.
Each member shall hold office from the time of his or her appointment until the expiration
of the term of the Council that appointed him or her, provided he or she continues to be
qualified as provided for in section 4.
Where a vacancy occurs fi:om any cause, the Council shall appoint a person qualified as set
out in section 4 to be a member who shall hold office for the remainder of the term for which
his or her predecessor was appointed.
The members shall hold office until their successors are appointed and are eligible for
reappointment on the expiration of their term of office.
The Board shall, as soon as possible, after its members are appointed in each year, elect a
chairman and vice-chairman and appoint a secretary and treasurer, and such other officers
as it may deem necessary to properly conduct the business of the Board during the said year.
The Secretary of the Board shall keep proper minutes of every meeting of the Board and
shall be responsible for keeping all of the records of the Board with the exception of the
accounting records.
The Board shall adopt and maintain only banking arrangements and ordinary good
accounting practices that are acceptable to the City Auditor of the City and keep such books
and accounts and submit such statements from time to time as the said City Auditor may
require.
11.
12.
13.
14.
15.
16.
17.
18.
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The City Auditor shall be the Auditor of the Board and all books, documents, transactions,
minutes and accounts of the Board shall, at all times, be open to his or her inspection.
The fiscal year of the Board shall be the calendar year.
On or before the 1~t day of March of each year, the Board shall submit its annual report for
the preceding year to Council, including a complete audited and certified financial statement
of its affairs, with balance sheet and revenue and expenditure statement.
The Board shall submit to the Council, its estimates for the current year at the time, and in
the form prescribed by Council and make requisitions upon the Council for all sums of
money required to carry out its powers and duties, but nothing herein divests the Council of
its authority, with reference to rejecting such estimates, in whole, or in part, or providing the
money for the purposes of the Board and when money is so provided by the Council, the
City Treasurer shall, upon the certificates of the Board, pay out such money to the Board.
The Board shall not expend any moneys not included in the estimates approved by the
Council or in a reserve fund established under section 163 of the Municipal Act.
The Board shall not borrow money and, without the prior approval of the Council, it may not
incur any indebtedness extending beyond the current year.
The Board shall deposit and keep on deposit with the City Treasurer, insurance policies
satisfactory in all respect to the City Treasurer, indemnifying the Corporation against public
liability and property damage in respect to the activities of the Board.
By-law Number 98-226 is repealed.
Passed this
day of ,2001.
R.O. KALLIO, ACTING CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
Second Reading:
Third Reading:
,2001.
,2001.
,2001.
Legend
I~ Victoria Centre BIA Area ~11' Victoria Centre
Business Improvement Area Planning & Development
Victoria Centre B.I.A.
P.O.Box 841 ~ Niagara Falls, Ontario N L2E 6V6
Phone 905-358-7137 ~ Fax 905-358-5891
March 30, 2001
Woody Wagg
City Clerk
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Woody:
We would like to proceed with the expansion of the Victoria Centre BIA. Please send out the
appropriate notices. I have enclosed a map marking the existing BIA and the expansion area in
highlighter.
Enclosed please find consent forms from some of the property owners in the area. Most properties
have been visited however, due to the off season they were closed or away.
If you have further questions please feel free to contact me at the above address or numbers. If you
wish you may email me at mcdowellsl~sympatico.ca
Sue McDowell
c.c. Alex Herlovitch
Victoria Centre B.I.A.
P.O.Box 841 - Niagara Falls, Ontario - L2E 6V6
Phone 905-358-7137 - Fax 905-358-5891
am in favor of joining the Victoria Centre
Business Improvement Area.
Victoria Centre B.I.A.
P.O.Box 841 - Niagara Falls, Ontario - L2E 6V6
Phone 905o358-7137 - Fax 905-358~5891
am in favor of joining the Victoria Centre
Business Improvement Area-
Victoria Centre B.I.A.
P.O.Box 841 - Niagara Falls, Ontario - L2E 6V6
Phone 905-358-7137 ~ Fax 905.358-5891
am in favor of joining the Victoria Centre
Business Improvemem Area.
V_ICTORIA AVENUE BUSINESS IMPROVEMENT AREA
::~'HWY. 420
LEGEND:
VICTORIA AVENUE
*NOTE: The Kraft property
has been excluded from this
"AMENDED,, ~ap, which bears
the legal description of Part
Lots 48 & 73 on Plan 3039
now know~ as Plan No. 291 in
the Tow~, now the City of
Niagara Falls, in the
Regional Mu~ici~ality of
Niagara, desi~ated as Part i
on Reference Plan 59R-4657
Clerk's Departmeat E.C. Wagg, C.M~O.
4310 Queen Street
P.O. Box 1023 City Clerk
Niagara Falls, Ontario
1.2E 5X5
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: clerksl~lcity, niagara falls,o n.ca
web site: WWW. city. niagarafalls.on, ca
ATTACHMENT 2
Municipal Act SO 1996 c.32 s220 as amended
NOTICE OF INTENTION
of the Council of the City of Niagara Falls to pass a By-law
Exoandin~ an Area Desienated as a "Business Imorovem~ld Area",
TAKE NOTICE THAT:
I. 'llac Council of the Coq)oration of the City of Niagara Falls intends to pass a by-law to
enlarge the Victoria Avenue Business Area to include additional lands on the north and
south sides of Victoria Avenue and Feny Slxeet to a western limit of Stanley Avenue. The
passage of the by-law by Council and its approval by the Ontario Municipal Board (if
uecessazy), will authorize the Municipality to lew a rate on the rateable orooertv in a
vrescribed business class in the area, and improvement of City owned lands within the area
beyond what is normally carried out by the Municipality.
2. A sum sufficient to pay for the cost of any promotional program, improvements,
beautification and maintenance of the subject improvement area shall be levied in each year
upon the persons who, on the last returned assessment roll, is assessed with respect to
rateable property in the area that is in a prescribed business property class, which shall be
borne and paid by them in the proportion that the assessed value of the specific land is to
the assessed value of the total rateable property ora specified class in the area.
3. Ifa person who receives a cop3, of this notice has leased any ofthalr rateable property in the
area that is in a prescribed business property clussl the person SHALL, within 14 days of
the date of this notice;
!a) give a copy of this notice tu each tenant of such property who, under the tenants lease
is required to pay all or part of the taxes on the property; and
Co) give to the Clerk of the Municipality of list of every tenant described in subparagraph
"a" above and the share of the taxes on the property each tenant is required to pay.
4. Fellowing the passage and approval of the by-law, a Board of Management will be
appointed by Council, and Board Of Management to be required to submit to Council its
annual estimates of expenditures.
Unless a Petition is received by the City Clerk within 2 months of the date of this notice,
objecting to the Passing of the By-law, signed by at least one third of the persons who are
entitled to notice who are responsible for at least one third of the taxes on rateablele
property in the area that is in a prescribed business property class, the Council may pa~s the
By-law.
Any person or persons wishing to petition the Council objecting to the passing of the by-
law, must do so on or before the 14t~ day of September, 2001.
Dated at the City of Niagara Falls this 13th day of July, 2001
E. C. WAGG, CMO
CITY CLERK
The City of ~'~1~
Corporate Services DepaRment
Legal Sen/ices
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905)374-7500
E~mail: rkallio@city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-2001-68
November 26, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-68, Authorization to Proceed with Closing
Certain Street Ends Located Along the Welland River in Chippawa
Our File No.: 1997-176
RECOMMENDATION:
That staffbe authorized to proceed with the closing of certain street ends located along the Welland
River in Chippawa and title to the lands remain in the name of the City.
REPORT:
The City currently licences six street ends in the former Village of Chippawa upon which licensees
have constructed cottages. Council has recently directed staffto terminate the Licence for the Reilly
Street end and to develop new Licence or Lease Agreements with the five other licensees. The
subject street ends are shown coloured black on the plan attached.
As part of our review we searched the status of these lands and have determined the street ends have
never been formally closed to public travel. Staffrecommends the street ends be closed by way of
Judge's Order and title to the lands remain in the name of the City.
Prepare~by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Re'.~Kalm~, bY:
City Solicitor.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
Respectfully Submitted:
~dl~;~rAd ~ 'miL~ ::i~ ga~ti3 e~O ~ ~e~r.
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Clerk's Finance Human Resources Information Systems Legal Planning & Development
76
i
6§
W E L L A N D
W~A T E R
u
The Cih/of
Niagara Falls lJ~,
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- 69
November 26, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-69
City of Niagara ats Hotel Europa
- Divisional Court
Our File No. 2001-211
RECOMMENDATION:
For the information of Council.
BACKGROUND:
Hotel Europa brought an Application to challenge the City's by-laws which prohibit nude dancers
at the premises. The initial challenge was made under The Canadian Charter of Rights and
Freedoms. The City opposed the Application.
We have now received a copy of the Decision of The Honourable Mr. Justice Henderson. We are
pleased to advise that the City has been successful in that the Applicant's attack on By-law No. 86-
240, a By-law that only permits Adult Entertainment Parlours in certain locations, has been
dismissed as well as The Canadian Charter of Rights and Freedoms argument brought by the
Applicants. The Court has invited the parties to make submissions in writing with respect to costs
and submissions are being prepared and being sent to the Court.
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The Decision of the Court by its said By-law No. 86-240 is valid, has not been repealed, and
accordingly, prohibits an Adult Entertainment Parlour from being operated at the Hotel Europa
location on Bridge Stree[
The Court also held that the Applicants had not provided sufficient evidence to allow the Court to
even consider whether or not By-law No. 86-240 limits the pphcant s freedom of expression as
guaranteed by The Canadian Charter of Rights and Freedoms.
However, the ' ' ' ', · ,,
Court did find the defimtmns of Adult Entertainment Parlour in zoning By-law No.
97-200 and the interim control By-law No. 2001-25 to be deficient and we are therefore
recommending that Council pass two by-laws to deal with this.
Zoning By-law No. 79-200 be mended by deleting the definition of "Adult Entertainment
Parlour" as it is not a permitted use in the zoning By-law.
2. That the Interim Control By-law No. 2001-25 have a more comprehensive definition.
The amending by-laws are located at the end of the agenda as well as a resolution where we are
recommending that Council determine that neither of the proposed amendments necessitates the
giving of public notice under The Planning Act, or the holding ora public meeting because what is
proposed is simply amending a definition in the by-law to remedy uncertainty found existing
provision by the Court.
The proposed changes are one of form, not substance and no policy decision is being made which
would either extend or restrict the City's jurisdiction in the area, but merely bring it into line with
its original intention, in order to comply with the Court's decision.
Re~~d by:
R.O. Kallio
City Solicitor.
Respectfully Submitted:
Edward P. Lusti~
Chief Administrative Officer.
Approved by:
T. Ravenda,
Executive Director of Cor0orate Services
ROK:mm
The City of Niagara Falls, Ontario
Council Chambers
NO.
Moved by Alderman
November 26, 2001
Seconded by Alderman
RESOLVED THAT the Council of the Corporation of the City of Niagara Falls determines
that in accordance with the Planning .4ct R.S.O, 1990, chap. P.13, as amended, that the
amendments proposed to Zoning By-law No.79-200, as amended, and Interim Control By-law
No. 2001-25 do not require the giving of public notice or the holding of a public meeting.
AND the Seal of the Corporation be hereto affixed.
R. O. KALLIO WAYNE THOMSON
ACTING CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
Seconded by Alderman
November 26, 2001
WHEREAS Margaret Anne Tabaka, the Administrator/Curator of the Lundy's
Lane Historical Museum will be retiring at the end of the year after 28 years of service with the
Board of Museums; and
WHEREAS Jean Culp, Registrar for the Lundy's Lane Historical Museum will
be ret'u'ing at the end of the year after 20 years of service.
THEREFORE BE IT RESOLVED that Council formally thank Margaret Anne
Tabaka and Jean Culp for their years of meritorious service and wish them well upon their
retirement.
IL O. KALLIO WAYNE THOMSON
ACTING CITY CLERK MAYOR