June 27, 2011, Additions to Council ADDITIONS TO COUNCIL, MONDAY, JUNE 27, 2011
COUNCIL
Planning
1. PD- 2011 -39 - Proposed City- Initiated Official Plan Amendment No. 94
a) Correspondence from Chris Millar, Upper Canada Consultants
b) Correspondence from Scott Snider, Turkstra Mazza Associates
,
Upper Canada
Planning &
Engineering Ltd,
'.l y.ta t.,,rlal Rn,1
UPPER CANADA
CONSULTANTS
June 24 2011 via e -mail
UCC #0787
Mayor Diodati and Members of Council
City of Niagara Falk
4310 Queen Street,
P.O. Box 1023,
Niagara Fails, O .;
L2F
Dear Mayor Diodati and Members of Council,
Re: City Initiated Official Plan Amendment - City File: AM- 2010 -002
Growth Plan Conformity Update - Official Plan Amendment No. 94
Upper Canada Consultants are representing Warren Woods Land Corporation (WWLC) on
matters reiated to their lands holdings within the Garner South Secondary Plan Area. Our client
has made previous submissions to the City concerning draft OPA 94 policy and mapping over
the course of the amendment development. We have also met with planning staff during the
development of OPA 96 (Environmental Policies) and continue to comment and meet with
respect t the Garner South Secondary Plan (GSSP) development.
Our approach in these matters has been proactive and cooperative. We have offered and
participated in constructive dialogue and commenting, not only with city staff, but with other
stakeholders with interest in this secondary planning area. Our interests with OPA 94 resides in
the fact that while not specifically speaking to the GSSP, it does impact by way of policy
directives of the Growth Plan via 'Greenfields' and Built Boundary' that will need to be
accommodated in its policy framework.
The 'complete community' concept that city planning staff have been working to embody in its
policies and land use designations for the GSSP are generally acceptable to WWLC, save and
accept for some remaining environmental mapping issues that we believe can be resolved
outside of the OPA 94 and GSSP planning processes. We are continuing to work with planning
staff to resolve these outstanding matters.
There is, however, a couple of comments and requests being made herein that we would
respectfully request be considered prior to OPA 94 adoption.
Rurhn i , n
5' athwlne�
CC
UPPER CANADA Warren Woods !and Corporation
CONSULTANTS Official Plan Amendment 94 - Comment submission
June 24, 2011
iE\'GI:\EERS P
Firstly, respecting proposed policy wording found in OPA 94 draft policy 1.16.4 , the existing
Official Plan policies of Part 2, 13.57 are being referenced. It is WWLC's understanding that
once the GSSP is adopted by council, policy section 13.57 will become redundant and w ill
subsequently be deleted in favour of the policies of the GSSP. Just as a matter of clarity for
council, Part 2, Section 13.57 is th wor o f OPA 82 affecting lands along Brown ''e
affecting , .awn R.cad at `
south end of the GSSP area.
Confirmation of this future action is requested by WWLC prior to adoption of OPA 94.
Secondly, !n addition to the confirmation requested above, we respectfully request a minor
wording change to draft policy. 1.16.4 wherein it states , " arc and higher densities are
directed towards the northeast quodrar` of the Secondary plan Area....
'vVe believe it is fair to state that density increases can occur to the north and to the east, which
is representative of the concepts and and uses shown on the GSSP mapping developed to date.
Therefore, we recommend and request new wording of draft policy 1.16.4 to read as follows:
" Within the Garner South Secondary Plan Area, as shown Schedule A -2, the
policies of PART 2, Section 13.57 of this Plan shall prevail, In addition, the
secondary plan shall provide for a distribution and gradation of densities,
heights and housing types where lower densities and heights are generally
proximal to the 2km Cytec arc and higher densities are directed towards the
north and east quadrant of the Secondary Plan Area to assist in strengthening
the Niagara Square Retail District."
The refined policies affecting the GSSP can be dealt with during its final stages of it
development and will be of keen interest to WWLC. However, as it relates to the Growth
Management amendment, we believe OPA 94 is sound in its objective of bringing the City's
Official Plan into conformity with the requirements of the Region and Province.
It is important the GSSP realize true potential and that an "appropriate" (draft OPA 94 section
1.16.3vi ) balance of land use is achieved without undue encumbrance.
Should our concerns meet favourably with staff and council, WWLC would have little desire to
stand in the way of OPA 94 adoption and enactment.
We trust the staff and council will give due consideration to this submission and WWLC
1
cc
U P P E R CANADA Warren Woods Lard Corporation
CONSULTANTS Official Plan Amendment 94 - Comment Submission
June 24, 2011
\;;VEER, PL's\ \FR.
continued efforts to work cooperatively with not only staff, but other stakeholders as we move
forward with ensuring a healthy and vibrant Garner South Secondary Plan as a desirable choice
for many new residents of Niagara Falls.
or Ccunri`'s genera! reference 1 have attacr'ed my May _ Jtr, 2011 letter respecting our ..
.'a'
comments or the mapping concerns d,spiayed ,n OPA 94 schedules.
!f y0 wish to discuss this submission content. please do not hesitate ir contacting me.
S,ncere!y,
UPPER CANADA CONSULTANTS
Lhris Millar, M.C.i.P., R.P.P.
Manager of Planning Projects
Encl.
cc: Mr Dean lorfida, Clerk, City of Niagara Falls
Mr. Alex Herlovitch, Director of Planning
Robert O'Dell, WWLC
3
J Upper Canada
C � Planning &
Engineering Ltd.
2.
UPPER CANADA
CONSULTANTS
EVG' \ -EERS • PI_ a v,VERB Ph< May 16 , 2011 via e- mail
UCC #0787
Mayor Diodati and Members of Council
City of Niagara Falls
^310 Queer Street.
P.O. Box 107.3,
Niagara Fails ON
L2E 6X5
Dear ila vor Diodai.i ariit Members uF i u ci
Re: City Initiated Official Plan Amendment - City File: AM- 2010 -002
Growth Plan Conformity Update - Official Plan Amendment No. 94
Upper Canada Consultants are representing Warren Woods Lano Corporat!on on matters :elated to
their lands holdings within the Garner South Secondary Plan Area. We continue to work with the City on
the secondary plan development and matters related to those stated below.
This letter is being submitted to make note of our ongoing concerns as it relates to mapping of some
environmental features as it affects our clients holdings. We have met with city staff previously to
convey our concerns over remnant designations shown within the existing draft approved and zoned
portions of Warren Woods and for those portions being designed in conjunction with the Secondary
Plan process. Our concerns are also tied to OPA 96 which is currently with the Region for review and
approval.
Warren Woods have undertaken extensive environmental study work relating to their holdings and seek
to protect the findings of the studies during the final designation of lands, both in this OPA 94 document
and the future Garner South Secondary Plan. In short, environmental mapping of this amendment
(Schedule A2 — Urban Structure Plan) shown on the Warren Woods lands is inconsistent with approved
plans and site specific studies. We wish to ensure this is rectified prior to final approval of this Official
Plan Amendment.
If you wish to discuss this submission content, please do not hesitate in contacting me.
Sincerely,
UPPE CANADA CONSULTANTS
Chris Millar, M.C.I.P., R.P.P
Manager of Planning Projects
cc: Mr Dean lorfida, Clerk, City of Niagara Falls
Mr. Alex Herlovitch, Director of Planning
Robert O'Dell, WWLC
Burlinh,n
Turkstra Mazza
Hamilton London Toronto
Scott Snider
Professional Corporation
15 Bold Street
Hamilton Ontario Canada L8P 1T3
Direct Line 905 526 -6183 ext. 289
Receptionist 905 529 3476 (905 LAW -FIRM)
Facsimile 905 529 3663
ssnider @tmalaw.ca
June 24, 2011
City of Niagara Falls
Attention: Mayor James M. Diodati
and Members of Municipal Council
4310 Queen Street, Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mayor Diodati and Members of Council:
Re: Proposed City — Initiated Official Plan Amendment No. 94
Growth Plan Conformity Amendment
Morrison/Dorchester Node
Paletta International (1990) Inc.
Our File No. 13410
We represent Paletta International (1990) Inc. (hereinafter "Paletta ") in this matter.
Paletta is the owner of lands at the intersection of Pettit Avenue and Cropp Street,
adjacent to the Canadian National Railway, known municipally as 4825 Pettit Avenue. As you
are well aware, Paletta made application to amend the City's Official Plan and Zoning By -law to
permit the redevelopment of the lands for townhouses and low -rise apartments. That application
was refused by the City on April 29, 2011. The matter was appealed to the Board on May 18,
2011. We are not writing in respect of the Paletta amendment applications. We believe firmly
that Niagara Falls' decision was based exclusively on concerns raised by Paletta's immediate
neighbours — concerns which are unwarranted and unjustified. Indeed, the rejection of Paletta's
applications is a clear reflection of the practical difficulties in implementing the intensification
objectives in provincial policy. Regardless, this is a matter for the Ontario Municipal Board —
which we accept.
TURKSTRA MAZZA ASSOCIATES, LAWYERS
City of Niagara Falls, Ontario Page 2
Attn: Mayor Diodati and
Members of Municipal Council
June 24, 2011
However, we are writing to strongly object to a recent Council direction to staff to
remove the Paletta site from the "Morrison/Dorchester Node" proposed as part of OPA 94.
The Morrison/Dorchester Node, including the Paletta site, was identified by the City as an
intensification node through the Growth Plan conformity exercise in February, 2010, if not
earlier. In all proposed mapping and text since that time, the Morrison/Dorchester node,
including the Paletta site, has been consistently identified as one of Niagara Falls' intensification
nodes.
Paletta's application was filed after the City had identified its lands as being part of this
node. There was never any suggestion through the processing of Paletta's application nor
through the planning process related to OPA No. 94, that the Paletta site would be excluded from
this intensification node. No staff report has ever suggested that the Paletta site should be
excluded from the node.
With the greatest of respect, the Council direction to excise the Paletta site from the node
in the context of OPA No. 94 has no planning merit. Instead, it is clearly nothing more than a
rearguard action designed to bolster the City's case on the appeal currently before the Board.
Whatever Council's view of the merits of Paletta's site specific application, this sudden
and late - coming move to remove the Paletta site from the intensification node does harm to the
comprehensive planning conducted by City Staff in support of OPA 94. Respectfully, it will not
strengthen the City's case at the hearing but merely demonstrate that City Council is prepared to
take virtually any step to defeat a project that is simply politically unpopular.
We urge Council to abandon this strategy. does a di..ervice to the City's Growth Plan
conformity exercise and is not respectful of the pl.nni g pro es..
• ; i # . y,
• 'Scott ° ider
cc: Angelo Paletta
Dave Pitblado
Chris Millar, Upper Canada Planning & Engineering Ltd.
Ssnd 13410/2
TURKSTRA MAZZA ASSOCIATES, LAWYERS