Loading...
2001/12/03PLANNING MEETING December 3, 2001 PRAYER: Alderman Ken Feren DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS Mr. Jeff Morgan, on behalf of the Morgan Family and Funeral Home staffwishes to make a presentation to the Fire Chief related to the events of September 11, 2001. DEPUTATIONS Mayor's Youth Advisory Committee Dan Costabile and Victoria Barnabi, of the Mayor's Youth Advisory Committee wish to address Council - and - JoAnne Heft, Executive Director of The Boys and Girls Club of Niagara, Michael Carey, Chairman, Youth Activities & Programs at The Optimist Club and Inspector Doug Kane, Niagara Regional Police Service, wish to address Council in suppor/of the Skate Park. - AND - Report R-2001-53 - Chair, Mayor's Youth Advisory Committee - Re: Skate Park Request from the Mayor's Youth Advisory Committee. The Niaeara Gatekeepers Proeram Renate Martin, Program Coordinator, wishes to introduce the Niagara Gatekeepers Program to Council and to the community, a program designed to identify seniors at risk. -2- Alderman Ioannoni has requested the opportunity to address Council on the issue of Community Policing and Crime Prevention Thru Environmental Design (CPTED), ITEM NO. 4t ITEM NO. 42 PLANNING MATTERS Public Meeting Zoning By-law Amendment Application (Revised) AM-11/2001, 6365 Drummond Road Applicant: Ralph Terrio Agent: Dennis Savriga Proposed Residential Redevelopment Background Material: Recommendation Report: PD-2001-104 Public Meeting Zoning By-law Amendment Application AM-31/2001, 3109 Ussher Street Applicant: Mr. & Mrs. Willick Agent: Michael Allen Proposed Accessory Apartment Background Material: Recommendation Report: PD-2001-106 - AND - Correspondence from Garry & Connie Anderson Correspondence from Nathaniel Reid Correspondence from Paul J. Wintemute Correspondence from Jim Albon Correspondence from Lina & Larry Wall Correspondence from Invanka, Karmelo & Daniel Ivankovac Petition from concerned residents, headed by H. Michitsch Correspondence from Alan Willick ITEM NO. 43 ITEM NO. 44 -3- Public Meeting Zoning By-law Amendment Application AM-32/2001, 5845 & 5851 Victoria Avenue Applicant: Enrico DiRisio Agent: Italia Gilberti Niagara Imperial Hotel Background Material: Recommendation Report: PD-2001-107 Public Meeting Official Plan & Zoning By-law Amendment AM-17/2000; Miller Road Estates Draft Plan of Subdivision, 727604 Ontario Limited. Background Material: Recommendation Report: PD-2001-111 - AND - Correspondence from Regional Niagara, Planning & Development Department Correspondence from Regional Niagara, Public Health Department Correspondence from Ms. Gail Morellato Correspondence from The Niagara Parks Commission Correspondence from the Niagara Peninsula Conservation Authority Correspondence from Canadian Niagara Power Inc. MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2001-108, Updating the Tourist Area; Development Application Guide. Chief Administrative Officer PD-2001-109, Regional Policy Plan Amendment No. 166, Metcap Living. Chief Administrative Officer PD-2001-110, Burnfield Lane Draft Plan of Condominium: 3241 Montrose Road; Owner: Grey Forest Homes Ltd. ADOPTION OF MINUTES: -4- REGULAR COUNCIL Regular Council Minutes of November 26, 2001. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chair) Chief Administrative Officer MW-2001-164, Tender 2001-109-01, Valleyway, Longhurst Avenue & Garner Road; Watermain Replacement. 2. Chief Administrative Officer CS-2001-11, Jolley Cut - AND - Correspondence from Mr. Jim Brown Which attaches a Petition. CORPORATE SERVICES MATTERS 1. Chief Administrative Officer HR-2001-05, OMERS Pension Plan Adjustments. FINANCE MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer F-2001-75, Borrowing By-law. F-2001-76, Municipal Accounts. MISCELLANEOUS MATTERS Chief Administrative Officer Chief Administrative Officer CD-2001-13, 2002 Council Schedule. CD-2001-14, Appointments to Boards, Commissions and Committees. Chair, Body Rub Parlour Committee Chief Administrative Officer -5- Report of the Body Rub Parlour Committee Re: Marijana Kovinic. L-2001-70, Establish Part 3 on Reference Plan 59R-11368 as a Public Highway to be known as Garner Road. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS BY-LAWS The Acting City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2001-258 To amend By-law 89-155 and adopt a Schedule of Meetings. 2001-259 To authorize the temporary borrowing of TWENTY-THREE MILLION DOLLARS for current expenditures for the current year and to authorize the temporary borrowing of SEVENTEEN MILLION, FIVE HUNDRED THOUSAND DOLLARS for the acquisition of a certain rail line in the City of Niagara Falls. 2001-260 To amend By-law No. 95-86, being a by-law to appoint municipal by-law enforcement officers for the City of Niagara Falls. 2001-261 To authorized the execution of an agreement with Fine Grade Construction Ltd. respecting the watermain replacement on Valley Way, Longhurst Avenue and Garner Road. 2001-262 To amend By-law No. 99-140, as amended, being a by-law to appoint Municipal By-law Enforcement Officers for the City of Niagara Falls. 2001-263 To establish Part 3 on Reference Plan 59R-11368 as a public highway, to be known as and to form part of Garner Road. 2001-264 To adopt the Tourist Area Development Application Guide. 2001-265 To authorize monies for General Purposes (December 3, 2001) NEW BUSINESS MORSE & SON CHAPEL S917 MAIN STREET NIAGARA FALLS, ONTARIO MORGAN FUNERAL HOMES MORSE & SON LIMITED NIAGARA-ON-THE-LAKE CHAPEL 413 REGENT STREET NIAOARA-ON-TI~E-LAKE, ONTARIO 1-905-468-3255 LOS I JO 1-905-356-9916 FACSIMILE SEFFREY L. MORGAN, DIRECTOR November 28, 2001 Ms. Barbara Muir City of Niagara Falls Queen Street, NIAGARA FALLS, Ontario Barb: Thank you for your help on the telephone last week. I would respectfully request that I be included on the agenda for the Council meeting on December 3, 2001. I would like to make a presentation to the Fire Chief, on behalf of the Morgan Family and Funeral Home Staff, related to the events of September 11,2001. Thanks again for your help. Please advise ifI can attend. Sincerely, Niagara Fall, ll~l~_ Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1Gg web site: www,city,niagarafalls.on,ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-maih akon@city.niagarafalls,on.ca December 3, 2001 Adele Kon Director R-200'1-53 His Worship Mayor Wayne Thomson and Members of Municipal Council City. of Niagara Falls, Ontario Members: Re: R-2001-53 Skate Park Request from the Mayor's Youth Advisory Committee RECOMMENDATION: It is recommended that Council support the development of a Skate Park in Niagara Falls and the allocation of $250,000 in the 2002 budget. Furthermore, that Council support thc investigation of City owned property for the location of the Skate Park. BACKGROUND: The Mayor's Youth Advisory Committee held a Youth Forum on March 29, 2001 to gain an increased understanding of the recreation and leisure needs of youth in Niagara Falls, and to use this information to improve service to the youth population. One of the areas of interest was the development of a Skate Park. The Mayor's Youth Advisory Committee made a presentation to City Council on April 30, 2001 and indicated an interest to create a Skate Park for the youth in Niagara Falls. A Public Meeting was held on Thursday, October 25, 2001 at the Niagara Falls Public Library and over 100 people attended, consisting mostly of youth. Four sites, owned by the City have been assessed by the Parks, Recreation & Culture Department. The four sites were: Community Centre - McLeod Road and Montrose Road John N. Allan Park - Kalar Road, North of McLeod Road Mewbum Road - Mewbum Road, North of Mountain Road Kef Park - Swayze Drive, West of Stanley Avenue Working Together to Serve Our CommunRy Municipal Wod(a Fire Services Pad(s, Recreation & Culture Business Development -2- These sites were presented at the Public Meeting. The preferred location for the Skate Park was at the new Community Centre, at McLeod Road and Montrose Road. A 15,000 square foot permanent concrete Skate Park would cost the City approximately $250,000. The Mayor's Youth Advisory Committee has the support of The Optimist Club of Niagara Falls, The Boys and Girls Club of Niagara, Niagara Regional Police Services and a number of youth in the conununity. We are prepared to work together, with the City, to create a safe, inviting, and fun place for skaters to call their own. With a commitment of funding assistance from Council and the investigation of a site for the Skate Park, the Mayor's Youth Advisog~ Committee can begin a plan to fundraise and consult with Parks, Recreation & Culture Staff to ensure the development of a facility that best meets the interests of the Skateboard, BMX, In-Line and Scooter Community. Respectfully Submitted: LL/das Victoria Bamabi, Chair Mayor's Youth Advisory Committee V52001COUNCIL~2001 12 03\R-2001-53.wpd November 19, 2001 City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ont. L2E 6X5 The Optimist Club OF NIAGARA FALLS P.O, BOX 124 NIAGARA FALLS, ONTARIO L2E 6S8 NOVlg zOO1 PARKS, RECREATION & CuLTURE Attention: Lori Lightfoot, Mayor's Youth Advisory Committee Re: Support of Skateboard Park Dear Ms. Lightfoot: My name is Michael Carey and I am the third Vice President of the Optimist Club of Niagara Falls. I am in charge of all youth programs and activities in the City of Niagara Falls on behalf of the Optimist Club. I was made aware that there is a proposal to create a Skateboard Park for the youth of our city and on behalf of the Optimist Club of Niagara Falls, we wish to pledge our support in this initiative. We believe there is an identified need for the park, which we feel, will provide our Youth with further recreational activities. Cun-ently, the Optimist Club provides support to our Youth by sponsoring Air Cadets, Scouting, Minor Girls Softball, Minor Football, Minor Hockey, Red Raiders Basketball, The Boys & Girls Club and a number of other programs. The topic of a Skateboard Park is frequently raised by the youth that I am associated with. After consultation with our Board of Directors, the Optimist Club of Niagara Falls fully supports the Mayor's Youth Advisory Committee in their endeavour and look forward in taking an active part in this process. Yours in Optimism, Michael Carey Chairman Youth Activities & Programs f Niag Boys and Girls Club o ara 6681 Culp Street, Niagara Falls · Ontario · L2G 2C5 · Phone 905-357.2444 · Fax 905-357.7401 Lori Lightfoot Parks, Recreation and Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 November 19, 2001 Dear Ms. Ughtfoot: The Boys and Girls Club of Niagara has no hesitation in supperting the building of a Skateboard Park for the children and youth of Niagara. Club staff and volunteers ~ the need for such a facility, as early as 1996. The need was most recently confirmed by findings documented at the Mayor's Youth Forum, March 29; 2001. The Club commends both the Mayor's Youth Council and the Community Services Department for their efforts to move this project forward and is prepared to commit staff and conduct fundmising to assist in bringing this project to successfol completion. Sincerely, Executive Director Cc John Russell, President Celebrating the Potential of Al! Children and Youth Charitable Donation #106804628RR0001 The Niagara Gatekeepers Program November 14, 2001 Mayor Wayne Thomson and Members of City Council Corporate City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Re: Request to Present the Niagara Gatekeeper Program to the Council Dear Mayor Wayne: Thank you for the privilege of speaking to you today regarding the introduction of the Niagara Gatekeepers program to the Niagara Falls community. I request an opportunity to present our program to your ~ onMom:layNevember 26 ,orMonday December 3, 2001. Our program is expancling intothe Niagara Falls community and we would be honoured to receive .the endorsement from you and the Councilors. Our presentation will be about 10-'ISles: This includes a six-m~ute tape that gives a clear overview of our goals. The Niagara Gatekeepers is a community based program designed to identify seniors at dsk. We train frontline people to recognize signs of distress or difficulty that may indicate that a sen iorperson needs help. Once apotential problem has been identified through our refen'al hofline number, the appropdatepar/mering agent7 will receive the request for follow up. We look forward to receiving your confirmation. ~ councilors will be provided with a package prior to the meeting, I can be reached Monday to Friday, 8;30 -4:30 at 1-877~212.3922 ext 237. Thank you for your consideration of this request. Renate Martin Program Coordinator The Niagara Gatekeepers Program The Regional Municipality of Niagara Region Phone: 905-735-3339 ext 237 Seniors Community Programs Toil Free: 1-877-212-3922 ext 237 163 First Avenue Fax: 905-735-9425 Weltand, ONL3B 1Y4 Emait:rmarth~regionaL niagara~n.ca ... Watching out for seniors in need... PLANNING MEETING. DEC 0 3 ;{001 Niagara Falls lie Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-104 December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-104, Zoning By-law Amendment Application (Revised) AM-II/2001, 6365 Drummond Road Applicant: Ralph Terrio Agent: Dennis Savriga Proposed Residential Redevelopment RECOMMENDATIONS: It is recommended that: 1) Council approve the Zoning By-law Amendment application for 6365 Drummond Road to permit the conversion of the existing building to an apartment dwelling containing not more than 25 units on a portion of the land and the development of 11 on-street townhouse units on the balance of the site or on-street townhouse on the entire property; 2) the amending by-law include a higher parking standard of 1.6 spaces/unit for the apartment conversion in order to assist in alleviating on-street parking; 3) Council require the owner to enter into a servicing agreement for off-site works on Ash Street and Murray Street prior to the issuance of any building permits; 4) the installation of "No Parking" signs across Murray Street frontage of the subject property be considered by the Parking and Traffic Committee; and 5) Council pass the amending by-law, included on tonight's agenda, to implement the application. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development December 3, 2001 - 2 - PD-2001-104 THEPROPOSAL: Ralph Terrio has requested an amendment to the Zoning By-law to permit a residential redevelopment of 6365 Drummond Road, as shown on Schedule 1. Schedule 2 illustrates the proposal which involves the conversion of the existing, 2-storeybuilding into an apartment dwelling containing 25 one and two-bedroom units and the development of 11 on-street townhouses. The 11 on-street townhouses will be constructed in 3 blocks: 2 blocks of 4 units each fronting onto Ash Street and 1, 3-unit block fronting onto Murray Street. The applicant is requesting the land to be rezoned from the current site specific R3 zoning to a site specific R5 zone for the proposed apartment conversion and a site specific R3 for the on-street town_houses. He is also requesting that the amending by-law provide for an option to develop on-street townhouses on the entire property (thereby resulting in the demolition of the existing building) should the conversion prove unfeasible. The current proposal has been scaled down from what had been previously proposed. Previously the developer had proposed a significantly more intense redevelopment that consisted of the conversion of the existing building into an apartment with 30 units, 10 on-street townhouses fronting onto Ash Street and a semi-detached dwelling fronting onto Murray Street. Staff did not support the earlier proposal (report PD-2001-70) and the applicant requested deferral in order to conduct a neighbourhood meeting. The applicant has advised staff that a neighbourhood meeting was held with area residents on September 4, 2001 at which time he presented the proposal with fewer units, more landscaping and a better parking configuration. On-street parking along the north side of Murray Street was cited as a continuing problem. The developer and residents agreed that construction of a curb along the Murray Street frontage of the property together with the installation of "No Parking" signs would prevent on-street parking. CIRCULATION COMMENTS: Inforn). ation regarding the revised application was circulated to City departments, several government agencies and the public for comments. The following is a summary of the comments that have been received. Municipal Works Building & By-law Services See attached memorandum Building permits shall be obtained prior to construction. An architect and professional engineer shall be retained for the design and review of the proposed apartment dwelling. Spatial separation shall be confirmed for the townhouse blocks and be designed in accordance with 9.10.14 of the Ontario Building Code. December 3, 2001 - 3 - PD-2001-104 Parks, Recreation & Culture The five City trees abutting the property on Murray Street and Drummond Road shall be protected. 5% cash-in-lieu of parkland dedication is required. PLANNING REVIEW: The following is a summary of staff's analysis of the application: 1. The proposal complies with residential policies of the Official Plan. The land is designated Residential in the Official Plan. The Plan encourages a harmonius mix of housing types with developments of higher densities located at the periphery of residential neighbourhoods. Developments with densities of up to 30 units/acre should have convenient access to arterial streets and public transit in order to minimize traffic impacts on the local streets and should, in general, be close minor commercial districts, parks, schools and institutional uses. The proposed apartment conversion has a density of 30 units/acre. The townhouse development has a density of 17 units/acre. Drummond Road is an arterial road, therefore, this development will have little, if any, traffic impact on the residential streets to the west. The location is also relatively close to Lundy's Lane and the Minor Commercial area of Dunn Street and Drmnmond Road. As such, the development complies with the density requirements of the plan. The Residential policies also require that residential infilling be designed to achieve compatability and sensitivity with the surrounding area. Design parameters include density, height gradation, building mass and arrangement, setbacks, appearance, landscaping and open space. The revised proposal appears to satisfy these criteria. Density is in compliance with the Plan. Building heights are no greater than 2 storeys. The on-street townhouses are to have floor areas of 1,100 square feet to 1,350 square feet, are arranged in blocks of not more than 4 units and set back 15 feet from the street with the garages set back 20 feet. The design is compatible with the existing residential area which is comprised of 1 and 2-storey single detached dwellings, on lots that are generally 40 feet wide, and sited close to the street. The option to construct on-street townhouses over the entire property would further reduce the density of the development to approximately 18 units/acre. The density policies state that townhousing can be developed up to 20 units/acre. Such a density is more close to the density of the surrounding residential area and should, therefore, result in a more compatible development overall. December 3, 2001 - 4 - PD-2001-104 The dilapidated building will be significantly different after the proposed conversion, with the inclusion of windows and purported new exterior cladding. The existing building is sited on the Murray Street and Drummond Road property lines. The addition of streetscaping along Murray Street in the form of a proper curbed and sodded boulevard with street trees and foundation planting against the building will assist in the integration of the existing . building. Accordingly, it is recommended that the streetscaping along Murray Street be included as a condition of a servicing and development agreement. The redesign also provides for amenity space for the apartment. Sufficient landscaping is provided to screen and buffer the parking area. The proposal complies with the policies of the Official Plan respecting residential conversions. The Official Plan contains policies regarding the conversion of non-residential structures to a residential use. The earlier design did not satisfy these policies, specifically the accommodation of parking, greenspace and amenities and the compatibility with surrounding land uses and the capability of the existing building to support the proposed use. The redesign satisfies the concerns respecting lot size and compatibility. The reduction in the number oftownhouses along Ash Street has increased the amount of land available for the apartment conversion. As such, the parking area is now located in the northeastern part of the site. A reduction in the number of apartment units to 25 has lessened the parking demand, which has resulted in a smaller parking lot, freeing up land for landscaping and amenity space. With the decrease in density of the site, and the resultant improvements in site design and greenspace, the development has now achieved compatibility with the neighbourhood. hi order to ascertain whether the existing building can support the use, the applicant will have to engage an architect and structural engineer. As noted in the comments above, Building & By-law Services will require this as part of the building permit. 3. The requested amendment is appropriate for the proposal. The site is currently zoned Residential Mixed zone (R3-529) which permits up to 26 on- street town,houses in 4 blocks. The revised amendment requests that two, distinct site specific zonings be applied to the site. A site specific R5B zone is proposed for the apartment conversion that will permit the existing building to be utilized for 25 units. A landscaping requirement of 30%, which includes landscaping of the parking lot perimeter along Drummond Road and against the townhouses on Ash Street, has also been applied. A site specific R3 zone is proposed for the on-street townhouses that includes provisions for the maximum number of units, front, rear and side yard setbacks, lot coverage and parking. December 3, 2001 - 5 - PD-2001-104 The amending by-law establishes the necessary provisions to ensure that the development will proceed as proposed. The by-law includes a higher parking standard (1.6 spaces/unit) for the apartment site. The Zoning By-law requires 1.4 spaces/unit. A higher standard is recommended because it will help to assist in alleviating on-street parking and represents the 41 parking spaces being provided for 25 units which equates to 1.6 spaces/unit. In order to develop the site, on-site and off-site improvements will be required. Development of the proposal will result in a substantial alteration of the site. As such, the development will be subject to site plan control, with the owner entering into a site plan agreement. Standard conditions of the agreement will include on-site landscaping, curbing, walkways, fencing, lighting and site servicing and grading. Separate site plan agreements will have to be prepared and registered for the apartment and the townhouses as the owners of the townhouse units should not be responsible for the development and maintenance of the apartment site and vice versa. Because of this, the applicant will have to sever the apartment and townhouse parcels prior to the registration of the site plan agreements. Road widenings will be required along the full frontage of Ash Street and Drummond Road for the apartment/townhouse option. A road widening along Murray Street will also be required if townhouses are developed on the entire property. The applicant has only illustrated road widenings for the apartment lands along Drummond Road and Ash Street. The developer will also have to complete off-site works along Ash Street and Murray Street to improve the streetscaping, servicing and safety of these streets adjacent to the development. These will include: construction of a properly sized storm sewer on Ash Street; a 4-foot widening of the asphalt portion of Ash Street to accommodate vehicular movement and on-street parking complete with curb, gutter and any catch basin relocations; construction of a 5-foot sidewalk along Ash Street; construction of a proper curb and gutter asphalt cross section along Murray Street; and boulevard landscaping with sod and street trees along both Ash Street and Murray Street. Because these works are off-site, it is recommended that the owner enter into a separate servicing agreement with the City prior to the issuance of any building permits. It is also recommended that the installation of the "No Parking" signs that were requested by the residents be re[erred to the Parking and Traffic Committee. Such requests are routinely handled through Municipal Works and considered by the Parking and Traffic Committee. As such, it is appropriate for this request to be dealt with in the usual manner. December 3, 2001 - 6 - CONCLUSION: The requested amendment can be supported for the following reasons: PD-2001-104 The proposal complies with the residential policies of the Official Plan. The proposal satisfies the purpose and intent of the Plan's policies respecting conversions of non-residential buildings to a residential use. The requested zoning is appropriate for the proposed development. On-site improvements will be required through a site plan agreement. Off-site works will be required through a servicing and development agreement. The amending by-law is on tonight's agenda at the request of the applicant.  Resp~ct fully submitted~/~ J'6hn Bamsley Edward P. Lustig Planner 2 Chief Administrative Officer . Recormnended by: ~'~Doug Darbyson Director of Planning & Development iroved by: Executive Director of Corporate Services JB:am Attach. FILE: S:~PDRX2001kPD2001-104.wpd74 SCHEDULE 1 LOCATION MAP Subject Land Murray St. Amending Zoning By-law No. 79-200 6365 Drummond Road All of Lots 322 to 330 (Inclusive) & Part of Block "A" Registered Plan 40 City of Niagara Falls AM-11/2001 Applicant' Mr. Ralph Terrio I:NTS i Community Services Department Municipal Works Inter-Departmental Memorandum Ken Mech Manager of Current Planning June 15, 2001 Niagara Falls From: Brad Simpson, C.E.T. Infrastructure and Drainage Technician Ext. 4102 Subject: AM-II/2001, Official Plan & Zoning By-law Amendment Application 6365 Drummond Road, Former Union Centre Conversion of Former Union Centre to a 30 Unit Apartment Building 10 On-Street Townhouse Dwelling Units 1 Semi-Detached Dwelling Owner: Ralph Terrio Agent: Dennis Savriga Please be advised that the Municipal Works Department has had an opportunity to reviewthe above referenced application and would have the following comments to offer: Roadways The subject lands abut Drummond Road, Murray Street and Ash Street. All of the above right-of- ways are under City jurisdietinn. Drummond Road has an existing width of 20.12 meters (66.0') and a desired width of 26.21 meters (86.0'). The applicant will be required to provide the City with a 3.05 meter (10.0') road widening along Dnmunond Road completeJwith a daylighting triangle with 7.0 meter legs at the intersection Drummond Road and Ash Street. Murray Street has an existing insufficient width of 13.72 meters (45.0') and a desired width of20.12 meters (66. 0'). Due to the fact that the existing building is to remain, a road widening would be inappropriate at this lime. Ash Street has an existing width of 13.72 meters (45. 09 and a desired width of 20.12 meters (66. 0'). There has historic, ally been a problem with on street parking due to inadequate asphalt widths to facilitate two way traffic and a single row of parking in a safe manner. Staff is of the opinion that requesting a road widening in accordance with the City's Official Plan would not be appropriate at this point in time. However, to achieve a safe cross section that would consist of two lanes of traffic, on street parking on one side of Ash Street, curb and gutter, and a sidewalk complete with a minimal width boulevard for snow storage. The Municipal Works Department would require a minimum road widening of 1.67 meters (5.5'), which is substantially less than a 3.2 meter dedication which is the ultimate widening required to conform to the City's Official Plan. Cont'd Pg.2.. · -2- It should also be noted that the proposed vehicular entrance to Ash Street is located too close to the Drummond Road intersection to support safe traffic movemem. This will have to be relocated and can be addressed at the site plan stage. Underground Municipal Services The following underground municipal services are available: Murray Street - a 150 mm (69 diameter watennaln; - a 375 mm (15") diameter storm sewer; - a 675 rmn (27'') diameter sanitary sewer. Ash Street - a 200 mm (8") diameter watermain; - a 225 mm (9") diameter combined sewer. Drummond Road - a 200 mm (8'') diameter watermain; - a 1200 mm (48") diameter storm sewer; - a 450 nam (18'') diameter and a 250 mm (10'') diameter sanitary sewer. There is no storm sewer on Ash Street and the residents have been susceptible to basement flooding during rainfall events. As proposed, this development will undoubtedly increase the mn-offto Ash Street and aggravate the existing flooding. Therefore, to ensure that no negative impact is felt by the area residents, the applicant will be required to construct an adequate storm sewer across the entire frontage along Ash Street. This will involve extending a storm sewer fi:om Murray S,eet on the east side of Drummond Road. Due to the number of road cuts required on Ash Street to service the onstreet townhouses, the developer will be required to mill down the entire sen, ice area of the roads and place a single asphalt patch on the road. These concerns can be addressed during the site plan process. Sidewalks Sidewalks presently exist on Drummond Road, Murray Street and Ash Street, but only west of the subject lands. If approved, the applicant will be required to provide a connecting link to Drummond Road by paying for a sidewalk across the entire frontage along Ash Street. This can be addressed through a site plan agreement. Site Plan Control Planning staff has indicated that the applicant will be required to enter into a site plan agreement. Servicing and grading issues will be address in more detail at this time. Cont'd Pg 3.. -3- Development Charges The applicant will be required to pay the cost of the applicable development charges in place at the time of building permit issuance. The City's current Development Charges By-law indicates that no development charges will be taken on any residential lot registered prior to January 1, 1962. The subject lands include Lots 322 to 330 inclusive on Registered Plan 40. Therefore, the applicant will receive credit for the 9 residential lots. Relief of Part Lot Control It is understood that the applicant will be applying for relief from part Lot Control. At that time, the Municipal Works Department will be reviewing the need to imposing subdivision type conditions such as decorative street trees and the adequacy of street lighting. Conclusion The Municipal Works Department would have no objections to offer subject to the following conditions: 1. The City be dedicated a daylighting.triangle with 7.0 meter legs at the intersections of Drummond Road and Ash Street. 2. The City receive a 1.67 meter road widening along Ash Street. 3. The City receive a 3.0 meter road widening along Drummond Road. 4. The Developer coustmct a proper size storm sewer on Ash Street. 5. The developer should be required to widen the existing asphalt on the south side of Ash Street by approximately 1.2 meters to achieve minimum vehicular movement widths with on street parking, and construct full curb and gutter complete with any catch basin relocations required across the entire frontage; 6. The developer construct a 1.5 meter wide sidewalk along the Ash Street frontage. All of the above can be addressed through an external servicing agreement at the time of Site Plan Control. c. A. Kon R. Kallio M. Brown P. Corfield S. Felicetti The City of Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-106 December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-106, Zoning By-law Amendment Application AM-31/2001, 3109 Ussher Street Applicant: Mr. & Mrs. Willick Agent: Michael Allen Proposed Accessory Apartment RECOMMENDATION: It is recommended that Council deny the application to amend the Zoning By-law to permit an accessory apartment. THE PROPOSAL: Mr. and Mrs. Willick, of 3109 Ussher Street, have requested an amendment to the Zoning By-law to permit an accessory apartment (in-law apartment) within a proposed one-storey addition to their existing single-detached dwelling (see Schedule 1). Schedule 2 illustrates the details of the site. The land is currently zoned Residential Single Family (R1C). Site specific zoning provisions are requested to be added to the R1C zoning of the land to permit the accessory apartment (second dwelling unit) and to provide a 6.2 foot side yard where an 8-foot side yard is required. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, several government agencies and the public 5~r comments. City departments and agencies are not opposed to the application. Staff has received numerous telephone calls from area residents objecting to the application. A petition against the proposal from the residents has also been received and is included in Council's agenda. }Vorking Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development December 3,2001 - 2 - PD-200 i- 106 PLANNING REVIEW: The following is a summary of staff's analysis of the application. 1. The proposal is not within the intent and purpose of the Official Plan. The property is designated Residential in the Official Plan. The Plan states that residential development should occur in a manner that is compatible with the surrounding neighbourhood. The accessory apartment policies, which would have permitted accessory apartments as-of-right, were deferred from approval by the Province. The policies reflect Council's intent at the time, but have no status. The policies contain criteria which this application can be analyzed. · The accessory apartment is not subordinate in size to the principal use. The proposed apartment is to be comprised of a 576 sq. fi. addition to the rear of the dwelling plus the conversion of the 264 sq. ft. garage into living space for a total area of 840 sq. ft. This is approximately 70% of the area of the existing dwelling which is 1,213 sq. ft. in area. Although the apartment is of lesser size than the dwelling, at 70% of the original floor area, the apartment is not subordinate to the dwelling. The lot size and configuration are not sufficient to accommodate adequate parking, green space and amenity areas. As shown on Schedule 2, the property is an irregular, pie-shape with a lot depth of about 140 feet. The existing house is set back approximately 44 feet at the garage and has side yard setbacks of 4.67 feet and 6.17 feet. Parking for the existing dwelling is provided within a single car garage and on the driveway. The applicant proposes conversion of the garage which will eliminate a parking space. The Zoning By-law requires that there be one 8-foot side yard setback when a dwelling does not include an attached garage. This setback is to allow the opportunity for the driveway to be extended beside the house into the rear yard. Without adequate space to reach the rear yard, it removes another option for parking. The conversion will force all the parking to be located in fi'ont of the house. The required parking spaces will have to be provided in tandem (one behind the other). Such a situation is not desirable as the driveway will probably be widened to accommodate at least one more vehicle with free manoeuverability. Therefore, reducing the front yard area is not in keeping with the characteristics of the neighbourhood. The proposed building addition does not satisfy the single-detached zoning requirements. As noted above, the proposal requires relief from the Zoning By-law requirement of an 8-foot side yard setback. As such, the proposal, as designed, does not satisfy the requirements of the Zoning By-law. December 3, 2001 - 3 - PD-2001-106 · Any proposed building addition shall not detract from or alter the building form and/or character of the area. The lot size and configuration and the building location dictates that the intensification of the use will change the character of the lot by decreasing the required setbacks, reducing front yard landscaping, and extending the parking in the front yard. Therefore, the proposal is out of character with the surrounding area. Accordingly, the proposal does not satisfy the City's (deferred) policies for accessory apartments. 2. The long-term ramifications of the proposal are a concern. The application requests the permission to establish a second dwelling unit in the building. While the purpose is to house one of the applicant's parents, the Planning Act prohibits municipalities from regulating occupancy based on relationships. Therefore, the apartment could be occupied by anyone. Thus, the property should be capable of supporting two dwelling units without regard to family occupancy. CONCLUSION: The requested amendment cannot be supported for the following reasons: · The proposal is not within the purpose and intent of the Official Plan. · The accessory apartment is not subordinate in size to the existing dwelling. · The lot cannot properly accommodate parking. Permitting two dwelling units on the lot may result in long-term concerns respecting compatibility. and Deputy Director of Planning & Development Respectfully submitted:/ Recommended by: )ug Darbyson Director of Planning & Development Tony Ravenda Executive Director of Corporate Sen)ices JB/AH:am At~ach. S:~PDR~2001 ~PD2001 - 106.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79.200 Location: 3109 Ussher Street Applicant: Mr. & Mrs. Willick AM-31/2001 443 Eastchestet Road St. Catharines, ON L2M 6S2 tel (905) 984-5545 fax (905) 984-5542 e-mail: mda0en~npiec.on.ca michael d. allen architect inc. architect · urban planner ° interior design · project management ,SIT[ ~,c. ALIF- L" - 2z:~.o" November 13, 2001 Mr. Doug Darbyson Director of Planning & Development City Hall . 4310 Queen Street Niagara Falls, Ontario L2E 6X5 re: City File AM-31/2001 Dear Mr. Darbyson We have just been made aware of the proposed amendment to Zoning By-law No. 79-200 which would allow an accessoD' apartment at 3109 Ussher Street. There is no safeguard to prevent this 'apartment' from becoming a rental unit in the fature. As innocent as this application may be the implications for surrounding residents has to be considered. If this application is approved, others will follow. The character of the neighbourhood will change. We have lived on Ussher Street for 32 years and we are strongly opposed to any re-zoning. This area must remain Residential Single Family. Garry and Connie Anderson 3085 Ussher Street RECEIVED NOV 1 5 2001 Planning PAUL ff, NrINTEMUTE. Hen, B.A., LL.B. Barrister, ~olt¢flor, Nota~ Public Bus: (905) 68%7044 F x: (90s) 6s7.70ss 20 Lake Street, P, O, Box 638, St. Ca~fines, Ontario. L2R 6wg November 27~, 2001, DELIVER,ED BY FAX (905-356-2354 - 2 Pages) Director of Planning & Development, City Hall, 4310 Queen Street, Niagar~ Falls, Ontario. L2B 6X5 Dear Sir/Madam: Re: Ci.ty File AM-31/2Q0~ Please be advised that I am writing to you on behelfofmy clients, Mr. Albert Wintemute and Mrs. Margaret Wintemute who reside at 3096 Chipman Crescent, Niagara Falls, Ontario. As should be obvious, I am on a tack permanent retainer with these clients. They have asked me to review the zoning By-law amendment application and I have the following comments to make on their behalf Clearly, this neighborhood is currently zoned Residential Single Family (R1C). The applicants in this case are seeking a spot zoning for their Ussher Street property. At the time of the passage of the official plan for the City of Niagara Falls and the subsequent By- laws therein, there was s~onificant attempt to adequately plan for the locating of single family dwellings in this region of Chippawa. The broad planning ideas that made this a good idea at the time continue to thh day. Even the briefest of cauvasses of area residents, indicates a desire to maintain propet~ values and it can be successfidly argued that this particular By-law amendment application, which is calling for a spot zoning change, would represent the introduction of multiple family dwellings and would thereby depress property values in this particular area. The first grant of this kind of spot zoning would inevitably open the floodgates for other applications. Failure on the part of City Counsel to take a strong position against this particular request would diminish the impact of the By-law and render the planning process absurd. RECEIVED l,!nv 2 0 2001 I can imagine that other residents have pointed out to you the negative impact of multiple family situstion~, parldng issues, traffic issues, and the issues attended with renters as opposed to owners. All in all the decision in favour of this application would certainly.here a far l~atcr ~egative impac~ on a brier number of persons than would its rdhsal. Having stated that, it.is lr~umbent on City Council to be co~izant of the planning rules and to avoid some of the more difficult issues that have begun to impact upon Councils in Canada; precedent established in the United States wherein the responsibility for these references in the valuation ofproperties can in essence be attributed to the decisions made by Council and result in some litigation thereai~ter, And what of the applicants? Obviously they are tl!dng to take steps to have their home expanded and perhaps for the purpose ofheving other family members reside therein. Clearly, the Building Department at the City of Nia~oara Falls should be contacted to demonstrate that it is possible for a dwdling house of that nature to be expanded to an extent that additions are added to homes on a regular basis in the City oflqtagara Falls, that do not require changes to the zoning By-laws. Ideally, the applicants should be considering the expansion of their home to accommodate family members and bein__& family members it would be uanecessaty for there to be separate eisa-maces involved and it would be u~ for there to be requests to build an enormous structure that would require the accessory apartment to encroach onto the side yards as is pointed out in the details in the Schedule to the Public Meeting Notice. Sleps should be taken by the Council to advise the applicants of the other options they have that would not result in the disturbance of the zoning By-law and in essence the 8real work accomplished by this Council and previous Councils to create a zoning atmosphere in the City ofl'4ia&ara Faits that is adequate for all of its citizens. Indeed the Council should draw on its vast exp~enc~ with these matters and their ability to rule concerning the larser issue~ at hand wb. lch of course is a significant element of the function of any municipal governing body. In conclusion, it is the position of my clients that they are against the amendment application because of the change in the zoning and they impress upon Council the importance of maintaining the current residential single family zoning in the area. PAUL I, WIN'r~MU'I~. PIW/mlb The Director of Planning and iDevelopment Niagara Falls City Hall Nov 1 g, 2001 Flanning Mr. Darbyson Reference: City File AM-31/2001 Having been a resident of 3095 Ussher Street for almost 30 years now and having specifically purchased a proper that was zoned "Residential Single Family" I feel it is extremely unfair the city is even considering a rezoning application. What purpose is there in having different zoning categories if this is all that's needed to change a Bylaw that could affect all the residents in the immediate area. My wife and I spent considerable time and effort in choosing an area in which to purchase a house and raise our children. We chose Ussher Street because of the proximity to "Riverview Park" and the Niagara Parkway (we walked and biked aloug the fiver long before the NPC developed the recreational trail,) and even back then we made sure that the considerable financial investment that we finally committed to was (R1C). Over the years we have continued to improve and maintain out property and I feel strongly that the proposed change would be detrimental to the area, and sera president for furore changes in the zoning. The mailing I received claims the changes are "Site Specific", that would suggest the proposed changes affect the specified property only. I would argue that when you start altering the zoning in an area you affect the entire area. Looking for clarification on some questions I had after reading the notice your office mailed out I called (905) 356-7521 ext. 4247 on two occasions (Nov 9 and 12) and left my name and number but as of yet have not received a return call. If Council approves this diluting of the (RIC) zoning for this sweet will the residents see a reduction in their tax levy? I remain Jim Albon 3095 Ussher Street Niagara Falls, On L2G 6M3 Shirley Fisher Art Federow RECEIVED N 0V 2 6 2081 PIANNIN __ & DEVELOPMENT November 16, 2001 Planning I The Director of Planning and Development City Hall 4310 Queen St Niagara Falls, On L2E 6X5 RE: City file AM-31/2001 (Arnendment zoning by-law for 3109 Ussher Cr. Niagara Falls, On Dear Sir/Madam We object to this rezoning application based on the following: 1. Parking at residence is currently limited with cars parked on city street. An additional second dwelling unit would only create a safety concern with additional vehicles parking on city street and obstructing visibility. 2. We chose this neighborhood based on the fact it is zoned residential single family with owner occupied homes and no rentals. This rezoning would have a negative impact on our quiet area and a decrease in property value if multiple residence are allowed. If this rezoning is approved there is no guarantee other property owners will not follow suit. 3. ()ur sewer system is inadequate in this area and multiple family dwellings would only add to the problem. There has been no resolution to our sewer inadequacy in the 17 years we have resided here. Thank you for the opportunity to voice our concerns Linda Wall Larry Wall 3098 Chipman Cr., Niagara Falls, On RECEIVED NOV 2 0 2001 , VELOPMEN/ 3100 Chipman Crescent Niagara Falls ON L2G 6M5 November 16, 2001 To the Director of Planning & Development: This letter is in regards to City File: AM-31/2001, the proposed Zoning By-Law Amendment to 3109 Ussher Street in Chippawa. As the owners of 3100 Chipman, we are opposed to this proposed re- zoning. We purchased this home largely because of what a nice neighborhood this area currently is. Many people feel this to be a desirable area and the values of the properties are good. We are concerned that this re-zoning could lead to other re-zonings with an adverse effect on property values and our investment in our home. I believe our view is similar to the majority of other homeowners on both Chipman and Ussher. Once houses become rental properties, we are at the mercy of the landlords to maintain them, if they choose not to, the area deteriorates and property values drop. This could happen with 3109 Ussher if the current occupants decide to sell the house. We are proud to live in this nice quiet, single family residential area and fear that this proposed change threatens the future of this area. Ask yourself if you lived in a house on this street, would you want to open up the possibility of decreasing the appeal and value of your home? Sincerely, Ivanka, Karmelo and Daniel Ivankovac RECEIVED NOV 1 9 2001 PLANNING & DEVELOPMENT R E C E I V E D PETITION AGAINST RE-ZONING F,,.= NOV2 12001 / ZONING BY"LAW AMENDMENT CITY FILE: AM ' 31/2001 w= l .= ~DE~NED ~RE ~E NOT IN FAVOR OF ~E PROPOSED ~ENDMENT NOTED ABOVE, PETITION AGAINST RE-ZONING ZONING By,LAW AMENDMENT CITY FILE: AM - $112001 PURSUANT TO THE PROV~ION$ OF THE pLANNING ACT TO AMEND THE ZONING By-LAW No, 7m-200, CURRENTLy ZONED RESIDEN~AL 8INGLE FAMILY (RIC) TO PERMIT ACCESSORY APAR'IMENT (SECOND ~WELLINQ UNIT). LOCATED AT 3t 09 USSHER ST. WE THE UNDERglGNED ARE THE NOT IN FAVOR OF ~HE PROPOSED AMENDMENT NOTED ABOVE. NAME p~esse print AODRES$ PHONE NUMBER SlGNA~I~RE PETITION AGAINST RE-ZONING From: "Alan Willick" <awillick@cogeco.ca> To: <wthomson@city. niagarafalls,on,ca>, <wcam pbel@city.niagarafalls.on.ca>, <judyorr@city.niagarafalls.on.ca>, <klmc@city.niagarafalls.on.ca>, <jwing@city.niagarafalls.on.ca>, <g hendershot@city,niagarafalls,on.ca>, <ioannoni@city. niagarafalls.on.ca>, <nputtick@city. niagarafalls.on.ca>, <selina@city.niagarafalls.on.ca>, <kenferen@city.niagarafalls.on.ca>, <vpietran~city. nJagarafalls.on.ca>, <afederow~city.niagarafalls.on.ca>, <sfisher@city,niagarafalls,on.ca> Date: Thu, Nov 29, 2001 7:34 PM Subject: Re-Zoning Agenda Item for Dec. 3 Meeting This is written to provide some important information regarding an application for re-zoning (City File AM-31/2001) which is on the agenda for the December 3, 2001 meeting at 6:00pm. I trust that the attached documents will assist you in making an informed and thoughtful decision in this matter. Kindly acknowledge receipt of this email and do not hesitate to call me should you have any questions or comments. I look forward to seeing you on Monday evening. Regards, Alan Willick 3109 Ussher Street Niagara Falls, ON (905)295-4149 (905)353-8200 daytime business CC: "Michael Allen" <mdallen@npiec.on.ca> 0~:27 91~56808200 TALK WIRELESS PAGE Comments on Re-Zoning at 3109 Us~her Street, Niagara Falls 02/28 Thank you taking the time to read and consider the information that follows. I trust that you will gain a better understanding of our position in regard to our application tbr re-zoning (City File AM-31/2001) to be considered on December 3, 2001 at 6:00pm. 1. What this IS and what this IS NOT My in-laws, Bud and Brenda Atkin, are in their seventies. Enjoying reasonably good health they have been able to stay in their own home until now. Before their health erodes, they and we desire to create an independent living space for them on our property that would relieve them of the responsibilities of home ownership, and yet allow them independence in a residential neighbourhood. We choose to ~mmit ourselves to being their care~givers when required in the fatuxe because we love them deeply and believe we are called to hoanar our parents regardless of life circumstance. Aside from achieving these goals and pm'poses, we have ~m other need or interest in altering our property. 2. Aa Investment in People NOT Real Estate Om' motivations need to be made clear. Our great desire is to invest ourselves in the Iives of our parents for the balance of their days, in the same manner in which they have done m througltout our lives. There are no expectations on anyone's part that an addition to our home in Chippewa will bring any financial return. The Lruth oftbe matter is, that it is the choice of Bud and Brenda Atkin to use some oftbe equity from the em'rant home to create a new home with us. We are all well aware that ti,Ss will be an urtrecoverable financial expenditare -- but so is travelling the globe, a~ ninny sm~Jors do. The memories are what make it worthwhile. 3. We are here to stay For all but a t~w of my 44 years, Niagara Falls has heen my home. I grew up on Sodom Road. My wife, Debbie, grew up on Drunur~nd Road, in the home which my in-laws still own. We have chosen to raise our ~amily in the Chippawa area, beeaase for us, there is no better place to live. I own a company with an office in Niagara Falls and St. Catharines m~d employ local people from Niagara. We are very much involved in oar local church and community. My in-laws, Bud and Breada Atkin, have lived in Niagara Falls since the mid 1950's. They~ l~ke us, are deeply rooted here and, God willing, will end our days here. t~/9072801 89:27 9856e8@200 T&LK WIRELESS P~GB Comments on Re-Zoning a 3 ' ' t 109 Ussher Street, Niagara Falls Prepared by Alan Wtlllc~ (905)295.-4149 83/28 4. We understand our neighbours concerns Some ()four ~e'ghbours have expressed some concern about the rezoning of our property to permit a mufti-family addition. Their concern is two-fold: families and properties. Families: There is au underlying [;ear that a "peaceful neighbourhood" may be chaoged when a Pandora!s box of re~zooing is opm~ed which would allow t'he sing[e-family status of this neJghbourhood to erode. We have no desire to iqjure the fabric of our community. Rather, we believe that everyone's parents are an integral part of the tapestry of [~.milies, and we would encourage others who would consider making their aghag parents a pan of their family. Properties: There is a concern six)ut the precedent nature ofallowh~g a site specific zoning change to be made, and that somehow this will cause a cascade of future rezoning on other prope~xies. We trust that Niagara Falls City Council assesses each application on its own merit and would not treat this or may other re- zoniag as s reason to grant or deny others. In recegl3kion of some neighbourhood concerns, we would encourage city council to be creative in conditions or stipulatkms on the re-zx)ning which will allay those tears. 5. We are not alone in the pursuit of our goal The Government of Canada has empowered multiple councils and committees to address the rights and privileges of seniors. It is clear from their findings that our society needs to re-think the place for seniors in our communities mad families~ The challenge rests with municipalities to support these ideas in their planning and approval processes. a) The National Advisory Council on Aging (NACA): The Natilmal Advisory Cmmcil on Aging was created on May I, 1980, to assist and advise d~e Ministe* of Health o~ alt malters related to the aging of the Canadian population a;~d the quality of life of seniors. Among many things, NACA believes that: "Set~ion~ lgcn,e the right to be atttonomott~ while benefiting from interdependence and lo b) Natinnal Housing Research Cummittee (NHRC): ^ Working Group On SeItiol's 11/38/2881 89:27 905G808288 TALK WIRELESS PAGE Comments on Re-Zoning at 3109 Ussher Street, Niagara Falls Prepared by Alan WflI~.~ (005)295-4149 04/20 c) Canada Mortgage and Housing Corporation (CMHC): lt~is i~ tile goverllmcnt of Canada's national housing agency, helping Canadim~s gail~ access to a wide choice of quali~y, affordable homes. As such, they PlaY a major role th Canada's housing industry. CMFIC develops Ilow ways to finance home purehasea. They encourage inoovation in housing d~iga and technology. One of their initiatives is the "Act Program" where CMHC funds innovators i~* housillg solutions. A demonstration project on tvc~gen~'atitmal housing made these observanm~s: ~ge#erattonal bom'rog qf/~t;~ a number qf b~ nefits, by po ent ally. The full report is atlached. Please take a tbw moments to look at the areas I have highlighted. 6. This is about Independence Independence is defined a.s follows: We want to be that support system for om' pare~]ts as they lrmve always been for us. Will you help us? Thm~ you for taking lhe time to consider our point of view. On Behalf of the Willick & Atkin thmily, Alm~Willick 3109 UssherSt. Niagara FaUs, ON L2G6M3 (905)295-4149 il/30/2081 09:27 9856888200 TAU< WIRELESS PAGE 85/28 AFFORDABILITY AND CHOICE TODAY (A.C-T) DEMONSTRATION PROJECT Two-generational Housing L'Association provinctale des constructeurs al'habitations du QuEbec Anjou, Quebec Prepared for: Federation of Canadian Municipalities Canadian Home Builders' Association Canadian Housing and Renewal Association Canada Mortgage and Housing Corporation Prepared by: Energy Pathways Inc. Ottawa, Ontario June1997 11/30/2~01 60:27 9050808290 TALK WIRELESS PAGE 06/20 FOREWORD The prqject documented in this case study received funding assistance under the Affordability and Choice Today (A.CoT) Program. A.C.T is a joint initiative, managed by the Federatinn of Canadian Municipalities. the Canadian Home guilders' Association, and the Canadian Housing and Renewal Association, together with the funding agency Canada Mortgage and Housing Corporation. The AoCoT Program is administered by the Federation of Canadian Municipalities. AoCoT. which was launched In January 1990. was designed to foster changes to planning and building regulations and residential development approval procedures in order to improve housing affordability, choice and quality. Through AoC°T. grants are awarded to municipalities, private mtd non-profit builders and developers, planners and architects to undertake innovative regulaiory reform initiatives in municipalities across Canada, Three types of projects are awarded grants under the A- C · T Program: Demonstration Projects, Streamlined Approval Process ProJects, and Case Studies (of existing initiatives). to planning and construction regulations can improve affordabiltty, choice and quality. Streandtned Approval P~ocess Prqjects involve the development of a method or an approach that reduces the time and effort needed to obtain approvals for housing projects. Case Study grants are awarded for the documentation of existing regulatory reform iaitlattves. Change and Innovation require the participation of all the players In the housing sector. AoCoT provides a unique opportunity for groups at the local level to work together to identify housing concerns, reach consensus on potential solutions, and implement action. Consequently, a key component of A · C · T-sponsored projects is the participation and cooperation of various players in the housing sector In all phases of each project, froln development to realization. All projects awarded a grant under the A°C-T Program are documented as case studies in order to share information on the initiatives and the beoefits of regulatory reform with other Canadian communities. Each case study discusses the regulatory reform initiative, its goals and the lessons learned. Where appropriate, the cost savings resulting from modificatinns in various planning, development, and construction regulations are calculated and reported. 11/30/2~01 ~0:27 9056808200 TALK WIRELESS PAGE 0?/20 TABLE OF CONTENTS PROJECT OVERVIEW .................................................................................................................... 1.0 PROJECT DESCRIPTION ........................................................................................................... I 1.1 Two generatiomd Housing ........................................................................................... 1 1,2 Project Objectives .......................................................................................................... 1 /.3 Project Methodology ....................................................................................................... I PLANNING FOR TWO-GENERATIONAL HOUSING ................................................... 3 21 Design C onsidera tio~ls .................................................................................................. 3 2.2 Use and Occupancy Criteria ........................................................................................... 4 ?igure I. Two generational House--Front glevatior~ 5 F~gure 2. Two generational House Main Floor P/an 6 Figt~t'e 3. Two generational House---Second Floot P/an 7 F~gm-e 4. Two~gerletatiofml Adaptation- Front Elevation 8 Figure 5. Twogenera~ional Adaptation.- Eloo~ Pla~ 9 g.3 Reg~atow Approaches ................................................................................................ 10 2.4 Financing ................................................................................................................. 10 F~gure ~. FJnanda/Impact: First-Time tqomebuyer. 11 3.0 THE KEY PLAYERS ............................................................................................................... I 3.l £,'Assoc~adon provinciale des constructeurs d'bai~ital'/ims du QuEbec ............................................................................................... 12 3.2 COtlSttucLloll Oermon lnc ......................................................................................... 12 3.3 Daniel Arbour 4.0 REGUL/~TORY REFORM INITIATIVES AND iMPACT ON t lOUSING COST, CHOICE AND QUALITY ............................................. 13 11/30/2001 00:2? 9056000200 TALK WIRELESS PAGE 08/20 PROJECT OVERVIEW tn March 1990, Corrstr'uc/mn Germor~ /tlc,, of St. Jean Chrysotome, Quebec, submitted a "two-generational" housing design for ymmg families and seniors to the Canada Mortgage and Housing Corporation (CMHC) competition for excellence In housing, The firm won an honorable mention for Its innovative appr~ch ~ meeting the housing needs of the target market segments. A two-generational house is a single- family unit built or renovated to house two families, of two generations, in ~o distinct spaces, for a limited period of time for the older generation. Two-generational housing was conceived as a means to a~ist young couples in buying their own home while providing retired p~en~ with a comfortable and secure environment In which to live. Intended for single-family zones, the exterior architecture of a two-generational home conforms to that of a traditional single-family unit, while the interior ts designed to protect the independence and privacy of two separate households. In 1991, L'Associatmn provinciaJe des (APCHQ) was awarded an A.C.T grant to study how current planning regulattuns and regulato~ proce~es could be oh and the adaptation of existing dwellings into, two-generational homes. A second objective of the A.C.T project was to develop technical design and housing. APCHQ retained the consulting finn of Daniel Arbour & Associds to carry out the study with Construction Germon lnc, and the planning departmeuts of Verdun and Ste, Foy. The project would address zoning, site planrdng and building regulations and encourage Quebec municipalities to adopt regulations lhat would allow two-generational housing in single- family zones. The completed study provides model regulations that focus on exterior and interior design considerations for two- generational untts. It also dlscusse.s two approaches available to municipalities interested in adopting the regulations: · The traditional approach, based on standard planning regulations and by-laws · The siting and architectural integra- tion plan approach, which provides quality-control of housing projects using specifically developed criteria for construction, development, arid the integration of building projects into areas that are already developed Various financing solutions were also proposed, For example, both generations could share in the initial downpayment, the retired parents could rent the space converted by the younger couple, or both families could be co owners, In April 1994, APCHQ sent copies of the study to 40 Quebec municipalities to encourage them to adopt the proposed regulations for two-generational housing At the time of publication, the municipalities of Buckingham, Gatineau. Laplalne, Pr~vost and Sorel had adopted regulations for two-generatinnal housing, and Cartgnan, Otterburn Park, Lachenate. St-Hubert and Verdun were soon to adopt new regulations. 1.0 PROJECT DESCRIPTION 1.1 Two-generational Housing Young families in the 1990s are finding il: increasingly difficult to buy their own hmnes. Tight budgets, hick of job security, limited buying power, stria mortgaging requirements, and escalating housing prk:es have seriously curtailed their choice in housing. As a result, young couples may settle for something unsuited to their needs, hoping that in the years to come they will be able to buy a home that will accommodate their growing families. For many couples, that may not be possible. The parents of these young couples, on the other hand, may have homes that have become ~oo large for them to manage. They are retired, living on their own and growing older. Their house is thetr main asset and security, but one day they may have to sell it because it will be too difficult to maintain hoth physically and financially. In March 1990, Construction Germo~ fnc., submitted a "two-generational" housing design for young families and seniors to the Canada Mortgage and Housing Corporation (CMHC) competition for excellence in housing. The firm won an honorable mention for it.s innovative approach to meeting the housing needs of the target market segments. The two-generational housing concept was conceived as a temporary solution that would be advantageous to both families. Since the concept addressed two serious housing problems in Quebec, it received much media attention and public interest throughout the province. housing allows the older generation to familiar lifestyle for a longer period of home than they could normally afford. 1.Z Project Objectives In I991, the A,CoT Program awarded a (APCHQ) to develop model regulations building could be modified to permit the construction of, and adaptation of existing dwellings into, two-generational homes in single-family zones. Another objective was to develop · ensure the privacy and independence of the two households house, if desired municipalities to adopt the proposed 1.3 Project Methodology APCHQ worked on the project with & Associ~.s, and the planning departments of Ste, Foy and Verdun. 11/30/2001 09; 27 9056800200 TALK WIRELESS PAGE 10/28 The project team examined how current plaRning regulations anti regulatory processes could be modified to permit twn-generational homes in single-family zones by: identifying specific zoning, site planning, and building regulations that would have! to be adapted for two- generational homes preparing drafl regulations for review by municipal representatives and building contractors creating a regulatory process and control mechanism applicable lo all Qnebec municipalities finalizing model regulations The results of the project, discussed in the next section of this case study, are presented in a report entitled La i Osiderlce hi April 1994. APCHQ sent copies of the report to 40 Quebec municipalities, encouraging them to adopt the proposed regulations, As discussed in section 4.0, the response was largely positive. Daniel Atbour & Associds, (July 1992). Fhe report is available in French only. A copy may be obtained from Francois Berlxier, APCHQ, 5930, boulevard Louls-H. Lafontalne, AnJc~t (Quebec) HIM lS7. A copy may also be purchased or obtained orl loan fi:om the Canadian Houstrlg lnfbl~natlol~ Centre, 700 Montreal Road, Ottawa, Ontario, K1A 0P?, Tel: (613) 748-2367, Fax: (613) 748-4069, TrY: (613) 748-2143, 11/30/2E~01 09:27 9056808200 TALK WIRELESS PAGE 11/28 2.0 PLANNING FORTWO-GENERATIONAL HOUSING A two-generational house is a single- family unit built or renovated to house two families, of two generations, in two distinct spaces, for a limited period of time for the older generation. g.l Design Considerations The two-generational house design must ensure the privacy aod comfort of the two couples so that family ties are not strained by living under the same roof. Safety, too, is an important consideration. Design and construction criteria should ensure that the dwelling looks like a single-family home on the outside, and that the interior can be easiIy converted into a single-family home once two separate units are no longer required. Exter/0r Desig~ Considerations A new two-generational home or a converted existing unit must confarm to the planning regulations that apply to single-family zones. This includes the architecture and landscape development, which must integrate with surrounding single-family dwellings. · The building materials, particularly when converting an existing unit, must be ora stmilar or superior qualtty to that of the extsling unit and blend in well w~lh the existing material. · A two genaratlonal home should have only one ctvtc numbar posted. with a shared main eotrance and a passage leadtng to two separate living areas. Acress to the backyard should be provided I?or both households. While access should conform to existing single-family dwelling regulations, the proposed regulations provide t'or barrier-free accessibility that people with physical disabilities might requlre. No addi[ional parking space, other than that provided for single family units, should be created. The city parking regulations for single-family zones should be flexible enough to permit parking for the second couple. Fences and other separaltng elements should not he erected to gtve privacy to two separate households, since the extertor space of a two-generational home should conform to that of a single-family unit. However, a private area tn the hackyard could be reserved for the older couple that is not visible from the balcony, the porch, or the steps leading to the entrance allotted to the other ['amtly. Privacy coukt be ensured by building a wall that l'mrmonizes with the ar;chitecture of the house and that projects no more than three meters from the wall of the house. · There should be no need to enlarge the garden shed or other accessory buildings. Again, the same principles that apply to single-family units should apply here. · Ideally, there should be only one mailbox, one doorbell, one service entrance l'or water, gas, cable and telephone installations. Interior Design Considerations Since two generational housing targets seniors, care should be taken to adapt the interior to the needs of people with physical disabilities. The project team developed Iwo sets of interior design criteria based on those used by the provincial government for social housiog projects. The first set relates to the theme of comfort, privacy, and security that the converted rooms should reflect, The second set is concerned with acressibllity aimed at meeting the needs of the elderly parents, who may be handicapped itl a way that reduces their mobility, The figures on the following pages illustrate exterior and interior designs proposed. 2.2 Use and Occupancy Criteria In theory, lo a two-generational home, the space adapted for the parents would be incorporated into the home of the ymmger couple once it Is no longer required. However, the question naturally arises of whether the space could be rented to another family member or outsider. According to Ardcle 113 of the Quebec Land Use Planning arid Development Act, building use and occupancy regulations are determined by zone ooly. The law makes it very clear that it would be illegal to impose regulations regarding two-generational housing that would only allow for the shelter of retired parents. Furthermore, the Act prescribes that the rules that could regulate the conversion and use of the space cannot be applied in order to control occupancy. Despite the absence of municipal authority that would assure the reconversion of the adapted space once it is no longer required, there are certain factors that may discourage those wtshing to use it as a permanent two-family home, These disadvantages lie mainly in the mutual use of certain areas such as the main entrance, parking, and backyard, and the sharing of equipment and services such as electricity and the telephone, with Individuals to whom the homeowners are oot related. Figure 1. Two-generational House--Front Elevation MAIN ELEVATION (L~W ¢IggT ~LIT L~L) Figure Z. Two-generational House--Main Floor Plan Figure 3. Two-generatioual House.--Second Irloor Plan 2"~ FLOOF-. 11/30/2001 89:27 90560082~0 TALK WIRELESS PAGE 16/20 Figure 4. Two-generational Adaptation--Front Elevation ELEVATION 11/30/20~1 09:27 905B800200 TALK WIRELESS PAGE 17/20 Figure 5. Two-generational Adaptation--Floor Plan 11/30/2001 00~07 905G008200 TALK WIRELESS PA~E '18/20 2.3 Regulatory Approaches The project team identified two approaches to regulating two-generational housing, The Traditional Approach The traditional approach is based on following specific standard planning regulations and by-laws that are somewhat lacking in flexibility. Using the traditional approach to regulation would require authorizing the butldirig of two- generational homes in all zones that permit single-family dwellings. In regulatory terms, this would mean allowing a secondary or mixed use in a single-family home as In the case of basement bachelor apartments or daycare services. Municipalities wishing to permit two-generational housing using the traditional approach would need to re-define permfiled uses to include two- generational housing. The Siting and Archtt:eelurai h~tegratioo Plan Approach The second option is based on the siting and architectural integration plan approach that is provided for under the Quebec Loi sur ['am~na~ement et l'urbanisme (the provincial planning act). Compared to a traditional regulatory approach, this method provides quality- control of housing projects using specialtzx~d criteria. Although projects must meet standard ~egulations. municipalities can allow for more flexibility, if qualitative objectives can be met through the siting and architectural integration plan approach, Building permits for Individual projects are issued only when the planning committee of a municipality has made its recommendations to council, which in turn gives final approval, 2.4 Financing A number of options are available for financing a two-generational home: Both generations could share in the initial downpayment. · Rent could be paid by the parents in exchange for the use of the space converted by the younger couple, · Both couples could be joint owners, Another A·CoT project, carried out by Dovertel Construction Ltd.,z found that a This A,C .T prqject is doculllented in the case study entitled ~The Conv~.'rtible House: A Flexible Alternative~ available [Sxnr~ the Cm~adlan Housing hfformatlon Centre (footnote t contains the Cenlre's adcbe~s) 11/30/200i 09:27 90SB008200 TALK WIRELESS RAGE 19/20 cost more Io build and, therefore, sell at a higher price than a comparable amount of rent, amount of downpayrnent and interest rates--- rental income paid by the parents could lower considerably the qualifying Income required of flrst4ime homebuyers. As figure 6 shows, the increase in affordablltty can make two-generational housing a very attractive option. Figure 6. The Financial Impact of Conversion: First-Time Homebuyer I-louse Price' $115,000 Mortgage Principal $86,250 Monthly Carrying Cost: Mortgage Payment** $900 Mainlenam e/Utilities 1~ $1,150 $46,000 $285 $835 $315 $33,4(10 TALK WIRELESS PAGE 20/28 3.0 THE KEYPLAYERS 3.1 L'Association provtnciale des constructeurs al'habitations du Quebec For~ned in 196l, APCI-[Q is a nomproftt association of more than 10,000 companies active in the housing industry. APCHQ members are responsible for more than 80 percent of residential construction projects under taken in Quebec The Association is credited with the creation of numerous programs aimed at protecthlg the consumer, one being the Garantle des maisons neuves that, since 1976, has provided a warranty for more thae Z00,000 new homes in Quebec. Also, in 1985, the Association established the first warranty program in Canada for residential renovation. APCHQ is actively involved tn training, technology transtar and research, 3.2 Construction Germon Inc. COIIStFUCEiOn Germen inc. is a building firm located in St. Jean Chrysotome, Quebec. The cmnpany created the award- winning [wo generational housing concept, and participated in developing design criteria with other members of the project team. 3.3 Daniel Arbour & Associ~s Based in Montreal, Daniel Arbour & Associds is the largest consulting firm in urban planning iix Canada. Consultants from the firm worked closely with APCHQ to develop the propo~d regulations and prepare the final project report on two-generational houstng. Nm°r° Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-107 December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2001-107, Zoning By-law Amendment Application AM-32/2001, 5845 & 5851 Victoria Avenue Applicant: Enrico DiRisio Agent: Italia Gilberti Niagara Imperial Hotel RECOMMENDATIONS: It is recommended that Council: 1) approve the Zoning By-law Amendment application to amend the current TC-173 zoning for 5845 and 5851 Victoria Avenue conditional upon: ()~are' ~~re~; a;dmg 'nclu.~d!~g ns aug rem t for pa ing ( ) adc masonryw amentalf, ected ' ' elands z) require the owner to enter into a site plan agreement that includes details of the parking lot landscaping, landscape improvements along Victoria Avenue and along the west side of the building and of the existing site services and any modifications thereto; and 3) pass the amending by-law included on tonight's agenda, to implement the application. THE PROPOSAL: Enrico DiRisio has requested an amendment to the Zoning By-law for the lands known as 5845 and 5851 Victoria Avenue, the Love Boat restaurant and the Comfort Suites, respectively, as shown on Schedule 1. The amendment is requested to modifythe land's site specific Tourist Commercial (TC- 173) zoning in order to change the usability of the site so as to: Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development December 3, 2001 - 2 - PD-2001-107 · permit surface parking instead of an underground parking structure; amend the Zoning By-law's definition of a hotel, site specifically, by deleting the requirements for facilities within a hotel to be connected by an interior corridor and to eliminate the requirement to provide meeting rooms; and to delete or modify the current site specific provisions for the number of rooms, building height, landscaping and setbacks. A portion of the wing of the existing motel on the north side of the property is to be demolished in order to accommodate additional surface parking. Refer to Schedule 2 for details. New site specific zoning is requested to be applied to the lands, replacing the current site specific zoning. CIRCULATION COMMENTS: Information regarding the application was circulated to City departments, several government agencies and the public for comment. No objections to the application have been received. PLANNING REVIEW: The following is a summary of staff's assessment of the application: Modifications to the site plan with respect to landscaping must be introduced in order for the proposal to comply with the Official Plan. The subject property is designated Tourist Commercial in the Official Plan. The land is located within the Clifton Hill Tourist Subdistrict. The land was rezoned in 1988 for the existing 10-storey hotel. Part of this approval required the construction of a two-storey underground parking garage. The garage was never built. Parking was provided off-site on leased lands. As the lease has now lapsed, all of the required parking is to be provided on- site. The Official Plan requires that surface parking lots be designed in an aesthetically pleasing manner as they otherwise detract from the urban landscape. The draft Streetscape Master Plan contains guidelines for the treatment of surface parking lots. The most desirable solution is to provide 20 feet of landscaping with trees and low-level plantings between the streetline and parked vehicles. With anything less than 10 feet of landscaping next to a streetline, a decorative masonry wall or ornamental fence, with shrub planting, is to be provided. The parking lot, as shown on the attached site plan (Schedule 2), is deficient of landscaping and does not comply with the intent and purpose of the Official Plan. Approximately 9% of the entire property is landscaped. It would appear that the parking layout can be manipulated in order to provide for 5 feet of landscaping along the south side of the parking area and a 3-foot strip provided between the parking lot and Ellen Avenue. A 5-foot landscape strip exists along the north property line. This will increase the landscape coverage to about 11%. Because the landscaping which can be achieved along Ellen Avenue is less than 10 feet wide, a decorative masonry wall or ornamental fence will be necessary. By providing this December 3, 2001 - 3 - PD-2001-107 landscaping, compliance with the parking policies of the Plan's Tourist Commercial section will be achieved. Accordingly, it is recommended that the by-law include provisions for landscaping of the parking area and for a decorative masonry wall or ornamental fence to be erected along Ellen Avenue, and that details of this landscaping be included in the site plan agreement. The proposed configuration of the parking lot is not totally functional. There are certain modifications which can be achieved to improve access to the garbage enclosure which is not totally accessible in the current plan. Other changes to the orientation of the parking layout can occur to achieve better efficiency of the lot during the site plan review. The requested amendment is appropriate for the development. The land is currently zoned TC-173 which permits the 10-storey hotel and underground parking garage and establishes a number of site specific provisions. The approval, which dates to 1988, is based on the Hotel Study Interim Guidelines, the City's first attempt at establishing policies to guide and regulate high-rise tourist development. Because of these guidelines, the by-law contains provisions for the number of rooms, setbacks for any building, or part thereof, below 4 storeys and landscaping. Current rezonings for high-rise development must comply with the Official Plan's tourism policies. The tourism policies, introduced by TADS, permits a development to be built to the property lines and does not impose density regulations, a number of the existing by-law provisions affecting the subject property are no longer valid. As such, the request to delete these provisions has merit. In the absence of the site specific provisions, the standard TC zone provisions of Zoning By-law 79-200 will prevail. The applicant has also requested that the Zoning By-law definition for a hotel be modified site specifically to delete the requirements that all facilities be connected by inside corridors and that a hotel must contain public meeting rooms. There is merit to the site specific modification of the definition. By deleting the internal connection requirement, the Love Boat restaurant and the 8 rooms on the second floor of the restaurant can be considered as part of the hotel. Providing a restaurant within the hotel in order to meet the definition would be redundant. Inclusion of the Love Boat restaurant as part of the hotel would lessen the Zoning By-law requirement for parking as restaurants of a hotel have a lower parking requirement than independent restaurants and hotel units have a lesser parking requirement than motel units. The provisions of small meeting rooms does not satisfy today's market and a hotel of this nature does not service the market requiring such facilities. A new site plan agreement will be required. The current site plan agreement details the 10-storey hotel with the underground parking structure. Since this was not constructed and that landscape improvements are being recommended by staff, a new agreement will be necessary. The drawings are to provide details of the landscaping, decorative masonry wall or ornamental fence, parking configuration and site servicing. December 3, 2001 - 4 - CONCLUSION: The requested amendment can be supported for the following reasons: agreement. ~rrnsley ' Plam6er 2 Reconunended by: ~Doug Darbyson irector of Planning & Development Tony Ravenda Executive Director of Corporate Services JB:am Attach. SSPDR~2001 ~PD2001-107.wpd PD-2001-107 Modifications to landscaping will achieve compliance with the Official Plan; The requested amendment is appropriate; and Landscaping, parking layout and site servicing will be guaranteed through the site plan Respectfully submitted: Edward P. Lustig~' ~' Chief Administrative Officer SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 5851 & 5845 Victoria Avenue Applicant: Enrico DiRisio (Agent: Italia Gilberti) AM-32/2001 l :NTS BUILDING 'A' GARBAGE ENCLOSURE Niagara Falls Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Doug Darbyson Director PD-2001-111 Re.* PD-2001-111, Recommendation Report Miller Road Estates Draft Plan of Subdivision 26T-11-2000-05 (Revised) Official Plan & Zoning By-law Amendment Application AM-17/2000 727604 Ontario Limited RECOMMENDATIONS: It is recommended that: 1) the application to amend the Official Plan and Zoning By-law be approved as indicated in this report; 2) the Miller Road Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 3) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 4) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. PROPOSAL: The subject land is on the north side of Miller Road between Willoughby Drive and the Niagara Parkway (see the attached location map). The applicant proposes to develop the 32.02 hectare (79.12 acre) site as an estate residential subdivision. The plan contains 22 single-detached lots ranging in size from 1.01 hectares (2.5 acres) to 2.02 hectares (5.0 acres) and blocks for environmental protection areas and stormwater management. The proposed street system utilizes an unopened road allowance extending north from Miller Road and an internal street connecting to Miller Road at the west limit of the property. The subdivision layout is shown on Schedule 2. Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems Legal Planning & Development December 3, 2001 - 2 - PD-2001ol 11 The City's Official Plan (Willoughby Township) designates the majority of the site Rural with the floodplain of a creek on the land designated Environmental Protection Area. The property is zoned Rural and Conservation-Open Space through Zoning By-law 395/66, as amended. The applicant has requested changes to the Official Plan and Zoning By-law to provide site specific requirements to permit the proposed estate residential plan. BACKGROUND: The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on July 17, 2000. Several members of the public spoke at the meeting and written comments were submitted. Concerns were raised regarding drainage, increased traffic, road access to Willoughby Drive, standard of roadway construction, and the privacy of residents in the rural area (the whole area should not be opened up for subdivision development). All comments were referred to staff for technical review. The required Public Meeting for the Official Plan and zoning amendments is satisfied through tonight's meeting and provides another opportunity for public comment. PLANNING REVIEW: Various matters were considered in assessing the Official Plan amendment, zoning amendment and proposed plan of subdivision. The applications have been circulated to City departments, Region and agencies. Based on this analysis, approval is recommended subject to detailed conditions. The review of the applications is summarized as follows. Willoughby Land Use Study The City, Region and Niagara Parks Commission (NPC) hired a consultant in mid-2000 to determine development opportunities and appropriate land uses/policies for that portion of the former Township of Willoughby, south of Chippawa between the QEW and Niagara Parkway. The study was undertaken, in part, in recognition of development pressures likely to arise from the NPC golf course south of Chippawa. Council recently adopted a report on the proposed planning framework to finalize the study and initiate Official Plan amendments. The Miller Road Estates plan proceeded on a preliminary review basis during the early stages of the study and can now be evaluated in the context of the policy direction for the broader area. The subdivision is within the proposed Estate Residential designation of the Study. The framework for estate residential development is to be compatible and complementary to the surrounding golf course and rural character, be sensitively designed with regard to natural features and served by an internal roadway system. The design of the proposed subdivision is consistent with the study recommendations, by providing large lots (2.5 acres to 5.0 acres) on private services and preserving woodlots/hedgerows, both in keeping with the open space/rural character of the area. Official Plan Amendment Regional Policy Plan Amendment 113 was adopted in 1998 to redesignate the subject land from Good General Agricultural Area to Rural in the Region's Policy Plan. Through this review and approval process, the Region was satisfied with this land use change based on a soil assessment and December 3, 2001 - 3 - PD-2001-111 level of agricultural activity on the site and in the surrounding area. Special provisions attached to the Regional amendment require an amendment to the City's Official Plan and estate residential development proceed by plan o f subdivision. Several factors must be considered in the Official Plan amendment process as stipulated in the Region's approval, namely: need, suitability of the site, effect on adjacent properties, adequacy of private services, adequacy of road access, impact on Ussher's Creek, impact on woodlands and financial impact on the municipality. The Miller Road Estates applications implement the Regional decision. The City's criteria to assess the Official Plan amendment are similar to the conditions listed in the Region's earlier approval of the land use change. Issues of need, site suitability and compatibility have been addressed, in part, through the Regional Policy Plan change and results of the Willoughby Land Use Study. The site is not in agricultural use, contains bush and woodlot areas and was supported by a study concluding viable farming was not an option. The site is within an area identified as desirable to meet the demand for estate lots in proximity to the golf course. Development of the subdivision is to be on large lots so as to not create a demand for municipal services, and also uses a through road design integrated with the existing road network. Additional matters relating to services and environmental impacts/protection are discussed later in the report. The existing Rural and the Environmental Protection Area (EPA) designations on the land are proposed to be changed to a new Estate Residential classification with special policies and a refined EPA designation. The Estate Residential policies will be consistent with the Willoughby Land Use framework for large lots (ranging in area from 2.5 acres/1.01 hectares to 5.0 acres/2.02 hectares) for single-detached dwellings on private services and integrated with natural features. The extent of the EPA designation needs to be refined through an on-site survey of the 100 year floodline for Ussher's Creek. The EPA policies will specify that no structures shall be permitted within the designation. Ussher's Creek and Floodplain The protection of this watercourse is a key element of any development approval for the site. The Niagara Peninsula Conservation Authority CNPCA) and Region have provided detailed comments and conditions in this regard. The boundary of the floodplain must be surveyed to accurately determine the extent of Official Plan and zoning areas. The majority of Lot 22 appears to be within the floodplain according to NPCA information. The surveyed 100-year floodplain may affect the design and layout of certain lots. This watercourse is a "Critical (Type 1)" fish habitat and subject to the Federal Fisheries Act. The proposed street crossing of the creek and stormwater outlet require specific approval. The proposed drainage system for the plan involves roadside ditches, grassed swales, individual rear yard ponding areas and a stormwater management area (Block 25). Preliminary stormwater management data was submitted with the subdivision application but additional detailed calculations are required to determine the adequacy of the system and satisfy draft approval conditions. Approval of lot grading and drainage plans, as well as sediment and erosion control plans are necessary. Private Septic Systems The development is outside of the Urban Area Boundary and no extension of services is proposed or supported. In rural areas, the intensity and scale of development needs to be limited to ensure the December 3, 2001 - 4 - PD-2001-111 long term/sustainable function of private waste disposal systems. The Region has provided specific criteria for the approval of the individual private septic systems for this subdivision (see conditions). Regional Niagara Public Health Department requires a minimum 2 acre buildable area (outside the floodplain) for each lot to accommodate the septic system and spare tile bed area in case of failure, minimum 30 foot (9 metre) setback of the sewage disposal envelope fi.om any lot line and adequate separation/drainage from the proposed individual lot stormwater ponding areas. Subdivision Design The original submission of this plan contained 25 lots (minimum 2 acre area), an average lot size of 2.67 acres, cul-de-sac roadways and no secondary access fi.om the development. Stafffi.om the City, Region and NPCA met on several occasions with the developer to discuss the plan design. The revised plan is generally in accordance with municipal objectives and the direction fi.om the Willoughby Land Use Study. Lot sizes have been increased and a range of size has been provided with an average lot area of 3.2 acres, a curving street pattern is shown with a connection to Miller Road at the west limit of the property. The subdivision layout should be compatible with surrounding rural residential lots and the character of the area. The woodlot (area of Lots 16 to 21) and hedgerows (Blocks 27 to 30) on the site are to be protected by way of the plan design and possibly zoning and conservation easements. This woodlot extends to the north beyond the subject land and the Regional Tree Conservation By-law applies. A Tree Saving Plan is a condition of approval to define the boundary and identify areas of preservation. Street trees and cash-in-lieu of parkland dedication are required as standard conditions of draft approval. Miller Road provides access to the plan and is designated as a Major Collector in the Official Plan. The existing road allowance is undersized and a road widening abutting the land is required. Miller Road requires improvement to provide a rural road standard and suitable access to the site, and the developer must contribute to this construction cost. The Niagara Parks Commission (NPC) has jurisdiction over the Niagara Parkway to the east and requests an altemative connection to Willoughby Drive be completed rather than solely relying on their tourist-oriented scenic roadway. The NPC requests upgrading and roadway improvements at the Miller Road/Niagara Parkway intersection to address increased traffic resulting from this and future developments. The unopened municipal road allowance at the east boundary of the plan will be utilized and the developer is responsible for roadway construction. Zoning Amendment Site specific zoning standards will be created for a new Estate Residential zoning category to guide construction of dwellings, and an appropriate environmental protection/hazard zone for the floodplain of Ussher's Creek. The residential zoning will reflect the subdivision design with provisions for minimum lot area (2.5 acres/1.01 hectares) and lot frontages of approximately 60 metres (200 feet). Generous building setbacks from the roadways and property lines will be included to reflect the estate-quality intended for the development. Special setbacks from the floodplain boundary and separation from lot lines for septic systems as previously indicated will be required. The detailed provisions will be developed in consultation with the applicant. December 3, 2001 - 5 - PD-2001-111 CONCLUSION: The requested Official Plan amendment implements the Regional decision to redesignate the land Rural with special requirements in the Regional Policy Plan. The assessment criteria for the amendment are satisfied or will be addressed through the detailed conditions for the subdivision approval. The Miller Road Estates Draft Plan of Subdivision is an appropriate development of the site, is the first planned rural estate residential development in the City and is supported by the Council-approved direction to finalize the Willoughby Land Use Study. Special requirements for the floodplain, impact on fish habitat, stormwater management, septic system design and woodlot/hedgerow protection will safeguard the environment. Lotting within the subdivision may be modified as a result of such studies. The associated Zoning By-law amendment will provide guidelines for the construction of the dwellings. The required detailed conditions of subdivision draft approval are listed in the Appendix. Prepared by: Richard Wilson Planner 2 bmitted:, Respectfullys~,u J ~ Edward P. Lustig Chief Administrative Officer Recommended by: oug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:gd Attach. December 3, 2001 ~ 6 - PD-2001-111 APPENDIX Conditions for Draft Plan Approval Approval applies to the Miller Road Estates (Revised) Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Limited, dated August 27, 2001, showing 22 estate-sized lots for single-detached dwellings, Blocks 23 and 24 (watercourse), Block 25 (stormwater management) and 4 blocks delineating hedgerows. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. The subdivision be designed and constructed in accordance with City standards which, in part, include the following: a) construction of Street "A" to the City's rural road standard; b) construction of a rural road to the City's satisfaction in the road allowance between Concession One and Broken Front Concession Niagara River; c) dedication of the Street "A" road allowance to the City as public highway and the streets named to the City's satisfaction; d) provision of appropriate daylighting triangles at all intersections; e) dedication of a 3.05 metre (10 foot) road widening to the City along the north side of Miller Road abutting the plan; f) provision of an overall roadside drainage system for both major and minor storm events; and g) application of the City's Lot Grading and Drainage Policy. The developer contribute to the cost to construct Miller Road to the City's rural road standard. The developer pay the Development Charges in fome at the time of execution of the Subdivision Agreement. The developer grant the City and Public Utilities any easements required to service the subdivision. The developer pay the City cash-in-lieu of 5% parkland dedication. The developer provide boulevard trees in accordance with City policy. December 3, 2001 - 7 - PD-2001-111 10. 11. 12. 13. 14. 15. 16. 17. The developer submit a Tree Saving Plan for the review and approval of the Director of Parks, Recreation and Culture respecting the woodlot in the area of Lots 16 through 21. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter to Planning & Development confirming that all lots comply with the Zoning By-law. The developer provide six copies of the pre-registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. Final approval be received from Regional Niagara for the required amendment to the City of Niagara Falls Official Plan. The developer obtain Certificates of Approval from the Ministry of the Environment for the stormwater management system for this subdivision and that the Regional Planning Department be notified accordingly. Prior to approval of the final plan or any on-site grading, the developer submit two copies of a stormwater management plan designed and sealed by a suitably qualified professional engineer, to the Regional Planning Department for review by the Niagara Peninsula Conservation Authority and to the Ministry of the Environment indicating the following: a) the manner in which stormwater will be conveyed across and away from the site, in both major and minor systems, using stormwater management techniques in accordance with the "Stormwater Management Practices Planning and Design Manual", June 1994, Ministry of the Environment and Energy; b) a detailed engineering submission providing an assessment of any downstream and upstream constraints and how these constraints will be addressed (the stormwater management system should provide adequate protection for downstream fisheries resources); c) an erosion and sediment control plan for the development site indicating the means whereby erosion and sediment and their effects will be minimized on site during and after construction in accordance with the"Stormwater Management Practices Planning and Design Manual", June 1994, Ministry of Environment and Energy; d) site grading plans. The subdivision agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management, erosion and sediment control measures required in accordance with Condition 16, to the satisfaction of the Regional Niagara Planning Department and the Niagara Peninsula Conservation Authority. December 3, 2001 - 8 - PD-2001-111 18. 19. 20. 21. 22. 23. 24. 25. The location of the 100 year floodplain be established on-site and confirmation provided that no sewage system envelopes shall be located within the agreed upon floodplain location, to the satisfaction of the Niagara Peninsula Conservation Authority, the Regional Niagara Public Health Department and the Regional Niagara Planning Department. The useable (i.e. developable) land area outside the agreed upon floodplain limit and excluding any other topographical constraints or natural features shall not be less than 2 acres (0.8 hectares) for each lot, to the satisfaction of the Regional Niagara Public Health Department and the Regional Niagara Planning Department. The proposed sewage systems designs shall be based on fully raised Class 4 Sewage Disposal Systems with 100% spare reserve area based on a minimum of 4 bedroom, luxury type homes and having a minimum area of 2,500 square metres, to the satisfaction of the Regional Niagara Public Health Department. The proposed sewage disposal envelopes shall be designed and located no closer than 9 metres (30 feet) to any lot line on each individual lot thereby maintaining a minimum 18 metre (60 feet) separation distance between any 2 sewage disposal envelopes, to the satisfaction of the Regional Niagara Public Health Department and the Regional Niagara Planning Department. The developer submit a detailed, engineered master drainage plan indicating the methods of diverting stormwater away from the sewage disposal system envelopes for the fully raised tile beds required on each lot to the Regional Niagara Public Health Department, the Niagara Peninsula Conservation Authority and the Regional Niagara Planning Department for their respective review and approval. The individual lot grading plans for each lot in the subdivision shall be submitted to the Regional Niagara Public Health Department and the Niagara Peninsula Conservation Authority for their review and approval. Prior to final approval, all main drains for the development shall be constructed and connected in accordance with the approved master drainage plan to the satisfaction of the Regional Niagara Public Health Department. a) The developer shall submit on one plan final details for the following: i. all lots and proposed sizes; ii. size of building and amenities envelopes and sewage disposal envelopes with 100% spare area (minimum 2,500 square metres) with sewage envelope distances from proposed lot lines indicated; iii. the final approved drainage scheme; iv. the final approved grades for each lot; and v. the location and type of water supply for each lot. December 3, 2001 - 9 - PD-2001-111 26. 27. 28. 29. 30. 31. 32. 33. b) The above plan information shall be provided separately for each lot; and c) An approved engineering plan/design shall be provided for septic systems for each lot in the subdivision; All to the satisfaction of the Regional Niagara Public Health Department. The developer submit a Tree Saving or Preservation Plan prepared by a suitably qualified consultant to the City of Niagara Falls for review and approval and that the subdivision agreement between the developer and the City include wording whereby the developer agrees to carry out the recommendations of the approved plan. A copy of the Tree Saving or Preservation Plan is to be provided to the Regional Niagara Planning Department for information. The developer obtain appropriate permits from the Ministry of Natural Resources for the proposed street crossing of the Ussher's Creek tributary and the proposed stormwater outlet(s) to the tributary, if required by that Ministry. If required by the Ministry of Culture, Tourism and Recreation, the developer conduct an archeological assessment of the property and mitigate, through preservation or resoume removal, adverse impacts to any significant archaeological resources found. No demolition, grading, or other soil disturbances shall take place on the subject property prior to the issue of a letter from the Ministry and the Region to the City of Niagara Falls indicating that all archaeological assessment or mitigation activities have met licensing and resource conservation requirements. Note: A copy of the archaeological assessment report is to be submitted to the Regional Niagara Planning Department for information. All lands located within the surveyed 100 year floodplain shall be included within an environmental protection zone where no structural development is permitted. The developer submit detailed lot grading and drainage plans, delineating both existing and proposed grades and the means whereby major system flows will be accommodated across the site, to the Niagara Peninsula Conservation Authority (NPCA) for review and approval. The developer submit detailed sedimentation and erosion control plans, detailing methods proposed for the control of silt and erosion during the construction phase and restoration proposed for the site after construction, to the NPCA for review and approval. The developer obtain permit approval from the NPCA and the Department of Fisheries and Oceans for the road crossing and stormwater outfalls to Ussher's Creek. The developer agree in the executed subdivision agreement to: a) implement the lot grading drainage plans, sedimentation and erosion control plans, as noted in Conditions 30 and 31; December 3, 2001 - 10 - PD-2001-111 b) not place or dump material of any kind, whether originating on-site or off-site, in the Ussher's Creek floodplain, unless a work permit from the NPCA has been issued; c) obtain proper permit approvals for any road crossing and stormwater outfalls to Ussher's Creek as noted in Condition 32; d) during the construction phase, erect and maintain a sediment control fence 3.0 metres from the floodplain of Ussher's Creek; and e) revegetate or otherwise stabilize all disturbed areas immediately following the completion of construction. 34. The developer undertake improvements to the intersection of Miller Road and the Niagara Parkway to the satisfaction of the Niagara Parks Commission. 35. The developer submit lot grading and drainage plans for Lots 11, 12 and 13 to Canadian Niagara Power for review and approval. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City departments and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Planning and Development for Conditions 14, 15, 16, 17, 18, 19, 21, 22, 26 and 28. Regional Niagara Public Health for Conditions 18, 19, 20, 21, 23, 24 and 25. Niagara Peninsula Conservation Authority for Conditions 16, 17, 18, 22, 23, 29, 30, 31, 32 and 33. Ministry of the Environment for Condition 15. Ministry of Natural Resources for Condition 27. Ministry of Tourism, Culture and Recreation for Condition 28. Niagara Parks Commission for Condition 34. Canadian Niagara Power for Condition 35. Official Plan & Zoning By-law Amendment Proposed Plan of Subdivision Miller Road Estates 26T-11-2000-05 (Revised) & AM-17/2000 Location Subject Land NIA A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-rnail: plan@regional.niagara.on.ca November 21, 2001 File: D.10.M.11.21 PF-OPA-00051 D.10.M.11.23 PF-ZA-00208 D. 11 .M. 11.24 (26T-11-2000-05) Mr. Doug Darbyson, MCIP, RPP Director of Planning City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RECEIVED NOV 2 22001 PLANNING 0E ,VELOPMEN'r Re: Official Plan and Zoning By-law Amendment Applications Miller Road Subdivision 727604 Ontario Limited (B. Sinclair) Your File: AM-17/2000 City of Niagara Falls This application proposes to amend the City's planning dbcuments to permit Estate Residential development of the subject lands. The proposed development of 22 Estate Residential lots on a 32-hectare (79 acres) site on the north side of Miller Road west of the Niagara Parkway requires a local Official Plan Amendment and Zoning By-law Amendment. The proposed development will be on private water and sanitary sewer systems. In our letter dated November 13, 2001 (see attached), Regional Planning staff provided a detailed review of the related proposed plan of subdivision (26T-11-2000-05) and all matters which must be addressed prior to finalization of that plan. Normally, where a local official plan amendment is required to facilitate a subdivision application, it is Regional practice to recommend that subdivision applications not be granted draft approval until the related Official Plan Amendment has, at least, been adopted by the local municipality. Recommended Condition of Draft Approval No. 1 in our November 13th letter requiring Official Plan Amendment approval addresses this. The majority of the matters of concern addressed in our letter of November 13th also relate to the subject Official Plan and Zoning By-law Amendments. For that reason, we will not duplicate here what has already been stated. We will, instead, focus on how the proposed Official Plan and Zoning By-law Amendments could address some of the concerns as follows: all lots and proposed sizes; size of building and amenity envelopes and sewage disposal envelopes with 100% spare area (minimum 2500 m2) with sewage envelope distances from proposed lot lines indicated (to be not less than 30 ft.); the final approved master drainage scheme; the final approved grading for each lot; the location and type of water supply for each lot. A copy of Regional Public Health comments is attached. Detailed Health requirements have been included in the list of conditions recommended in Appendix I to this letter. Niagara Peninsula Conservation Authority Conservation Authority staff will be providing comments and recommendations on the Miller Road proposal separately. Based on the working agreement established between the Region and the Authority, the Authority in addition to its normal requirements pertaining to floodplain, creek crossing, fish habitat and other matters within its jurisdiction will also be responsible for reviewing all aspects of the stormwater management system proposed for this subdivision on behalf of Regional Planning. Reference to Authority requirements should be addressed accordingly. PROVINCIAL REVIEW To address Planning Act requirements, the Region and other agencies shall have regard to Provincial policy requirements. Regional Planning staff have reviewed the Miller Road plan in light of Provincial policy and provide the following comments: Affordable Housing The Provincial Policy Statement while encouraging housing forms and densities designed to be affordable to moderate and lower income groups also requires that provision be made in all planning jurisdictions for a full range of housing types and densities to meet projected demographic and market requirements of current and future residents. The Miller Road subdivision is not intended to provide affordable housing opportunities but will contribute to the range of housing available in the Niagara Falls and broader, regional market. Ministry of the Environment (i) Land Use Compatibility There are no industrial er other similar land uses in close proximity to the subdivision site. Accordingly, a land use compatibility concern does not exist. (ii) Private Services As noted, the Provincial Policy Statement indicates that individual on-site servicing systems may be permitted where communal systems are not feasible and where site conditions are suitable for the long-term operation of individual private systems. A communal system is not considered a feasible option for this subdivision as the Region is not capable of assuming ownership, operation and/or maintenance of communal systems in the event that future difficulties may arise regarding such systems. (iii) Stormwater Management 6 The Engineering Report (January 2000) circulated with this application includes some preliminary stormwater management information. The proposed storm drainage system will consist of roadside ditches, grassed swales, lot level contr~)ls, individual rear yard ponding areas and a centralized stormwater management facility on the east side of the Ussher's Creek tributary to provide quality and quantity controls for the street drainage system. In addition, sediment and erosion control measures are to be implemented to prevent the flow of silt into the creek during subdivision construction. While Regional Planning staff will assign the pdmary responsibility for the review and approval of the proposed stormwater management system and erosion and sediment control measures to the Niagara Peninsula Conservation Authority, Planning staff have identified some items which should be addressed clearly in the final (i.e. detailed) stormwater management plan for the subdivision. These include: · the location of the proposed central stormwater management facility in relation to the Ussher's Creek floodline; · the manner in which street drainage is to be handled on the west side of Ussher's Creek, and · provision of adequate separation distances between rear yard stormwater ponding areas and septic tile bed mantles. The submission of a detailed stormwater management plan will be required for this subdivision pursuant to the conditions recommended in Appendix I to this letter. In this regard the applicant should note that the stormwater management system should be designed in accordance with the Stormwater Management Practices Planning and Design Manual, Ministry of the Environment, June 1994. In addition, Ministry approval will be required for the proposed stormwater management facility and for the outfall(s) to the Ussher's Creek tributary. Ministry of Natural Resources The Ministry of Natural Resources has identified the Ussher's Creek tributary which crosses the site as "Critical" (Type 1) fish habitat. Accordingly, appropriate stormwater management and subdivision construction techniques will be required to ensure that there is no harmful alteration, disruption or destruction of fish habitat associated with the creek. Appropriate engineering documentation should be submitted to the Niagara Peninsula Conservation Authority in this regard, including details regarding the proposed Street "A" creek crossing. With regard to the latter, the issuance of a permit by the Ministry of Natural Resources may also be required pursuant to the provisions of the Lakes and Rivers Improvement Act. The same may also apply to the proposed stormwater outlet(s) to the creel(. The applicant should contact Ministry staff directly in this regard. A provisional condition with respect to the Ministry's possible interest in these items has been included in the recommended conditions attached as Appendix I to this letter. Ministry of Tourism, Culture and Recreation A review of the Ministry's criteria for determining the potential of this site for the discovery of archaeological remains indicates that the site may have moderate potential. This is based on the presence of the Ussher's Creek tributary on the site, its relatively close proximity to the Niagara River and events associated with the War of 1812 and the presence of some registered discoveries in the general area. Based on these indicators, Regional Planning staff have recommended the inclusion of an archaeological survey of the site as a condition of subdivision approval. However, the applicant may wish to pursue this matter further with Ministry staff. Any decision as to whether an archaeological survey should be conducted remains at the discretion of the Ministry. CONCLUSION Regional Planning staff can support draft approval of the Miller Road subdivision from a Regional and Provincial planning perspective subject to the conditions recommended in Appendix I to this letter. As an amendment to the City's Official Plan is also required in order to permit the proposed development to proceed, it is recommended that the City withhold granting draft plan approval until the amendment has been approved or at least until City Council has adopted the amendment. In addition, a condition of draft approval has been recommended requiring the final approval of the City's Official Plan amendment by the Region prior to the City's final approval of the subdivision. Please send notice of the City's decision regarding this application. Yours t~, Senior Planner Attachments: 1. Appendix I, Recommended Regional and Provincial Conditions 2. Regional Public Health comments 3. Regional Public Works comments C: Regional Councillor W. Smeaton Mr. B. Sinclair, 6617 Drummond Rd., Niagara Falls, ON L2G 4N4 Mr. G. Cook, 3357 Davey Court, P.O. Box 580, Vineland, ON L0R 2C0 Mr. P. Fisher, 4281 Mitchell Avenue, Niagara Falls, ON L2E 6R4 Mr. Z. Ali, Niagara Engineering, 18 Chessington St. St. Catharines, ON L2S 3R4 Mr. J. Durst, Area Supervisor, Ministry of Natural Resources, Vineland, ON Mr. N. Ferris, Regional Archaeologist, Ministry of Tourism, Culture & Recreation Ms. B. Ryter, Environmental Planning Officer, Ministry of the Environment Ms. S. Mclnnes, MCIP, RPP, Niagara Peninsula Conservation Authority Mr. D. Cherrington, Regional Public Works Mr. D. Beresh, Regional Public Health APPENDIXI Conditions of Draft Approval Miller Road Subdivision File: 26T-11-2000-05 City of Nia.qara Falls That prior to final plan approval, the required amendment to the City of Niagara Falls Official Plan receive final approval from Regional Niagara. That prior to final plan approval, Certificates of Approval be obtained from the Ministry of the Environment for the stormwater management system for this subdivision and that the Regional Planning Department be notified accordingly. That prior to approval of the final plan or any on-site grading, the owner submit two copies of a stormwater management plan designed and sealed by a suitably qualified professional engineer, to the Regional Planning Department for review by the Niagara Peninsula Conservation Authority and to the Ministry of the Environment indicating the following: the manner in which stormwater will be conveyed across and away from the site, in both major and minor systems, using stormwater management techniques in accordance with the "Stormwater Management Practices Planning and Design Manual", June 1994, Ministry of the Environment and Energy; a detailed engineering submission providing an assessment of any downstream and upstream constraints and how these constraints will be addressed (the stormwater management system should provide adequate protection for downstream fisheries resources); an erosion and sediment control plan for the development site indicating the means whereby erosion and sediment and their effects will be minimized on site during and after construction in accordance with the "Stormwater Management Practices Planning and Design Manual", June 1994, Ministry of Environment and Energy; d. site grading plans. That the subdivision agreement between the owner and the City of Niagara Falls contain provisions whereby the owner agrees to implement the approved stormwater management, erosion and sediment control measures required in accordance with Condition 3 above, to the satisfaction of the Regional Niagara Planning Department and the Niagara Peninsula Conservation Authority. That prior to final plan approval, the location of the 100 year floodplain be established on- site and confirmation provided that no sewage system envelopes shall be located within the agreed upon floodplain location, to the satisfaction of the Niagara Peninsula Conservation Authority, the Regional Niagara Public Health Department and the Regional Niagara Planning Department. That the useable (i.e. developable) land area outside the agreed upon floodplain limit and excluding any other topographical constraints or natural features shall not be less than 2 2 10. 11. 12. 13. acres (0.8 hectares) for each lot, to the satisfaction of the Regional Niagara Public Health Department and the Regional Niagara Planning Department. That the proposed sewage systems designs be based on fully raised Class 4 Sewage Disposal Systems with 100% spare reserve area based on a minimum of 4 bedroom, luxury type homes and having a minimum area of 2,500 square metres, to the satisfaction of the Regional Niagara Public Health Department. That the proposed sewage disposal envelopes shall be designed and located no closer than 9 metres (30 feet) to any lot line on each individual lot thereby maintaining a minimum 18 metre (60 feet) separation distance between any two sewage disposal envelopes, to the satisfaction of the Regional Niagara Public Health Department and the Regional Niagara Planning Department. That prior to final approval, a detailed, engineered master drainage plan indicating the methods of diverting stormwater away from the sewage disposal system envelopes for the fully raised tile beds required on each lot shall be submitted to the Regional Niagara Public Health Department, the Niagara Peninsula Conservation Authority and the Regional Niagara Planning Department for their respective review and approval. That prior to final plan approval, individual lot grading plans for each lot in the subdivision shall be submitted to the Regional Niagara Public Health Department and the Niagara Peninsula Conservation Authority for their review and approval. That prior to final plan approval, all main drains for the development shall be constructed and connected in accordance with the approved master drainage plan to the satisfaction of the Regional Niagara Public Health Department. That prior to final Plan approval, the applicant submit on one plan final details for the following: iii. all lots and proposed sizes; size of building and amenities envelopes and sewage disposal envelopes with 100% spare area (minimum 2,500 square metres) with sewage envelope distances from proposed lot lines indicated; the final approved drainage scheme; the final approved grades for each lot, and the location and type of water supply for each lot. b. That the above plan information be provided separately for each lot, and That an approved engineering plan/design be provided for septic systems for each lot in the subdivision. all to the satisfaction of the Regional Niagara Public Health Department. That prior to final plan approval, the owner submit a Tree Saving or Preservation Plan prepared by a suitably qualified consultant to the City of Niagara Falls for review and approval and that the subdivision agreement between the owner and the City include wording whereby the owner agrees to carry out the recommendations of the approved plan. A copy of the Tree Saving or Preservation Plan is to be provided to the Regional Niagara Planning Department for information. 3 14. 15. That prior to final plan approval, the owner obtain appropriate permits from the Ministry of Natural Resources for the proposed street crossing of the Ussher's Creek tributary and the proposed stormwater outlet(s) to the tributary, if required'by that Ministry. That prior to final plan approval, and if required by the Ministry of Culture, Tourism and Recreation, the owner conduct an archaeological assessment of the property and mitigate, through preservation or resource removal, adverse impacts to any significant archaeological resources found. No demolition, grading, or other soil disturbances shall take place on the subject property pdor to the issue of a letter from the Ministry and the Region to the City of Niagara Falls indicating that all archaeological assessment or mitigation activities have met licensing and resource conservation requirements. Note: A copy of the archaeological assessment report is to be submitted to the Regional Niagara Planning Department for information. Clearance of Conditions That the Miller Road plan of subdivision not be granted final approval for registration by the City of Niagara Falls until written notification has been received from the following agencies noting that their requirements have been addressed satisfactorily: · Regional Niagara Planning for Conditions 1, 2, 3, 4, 5, 6, 8, 9, t3 and 15 · Regional Niagara Public Health for Conditions 5, 6, 7, 8, '10, 1t and t2 · Niagara Peninsula Conservation Authority for Conditions 3, 4, 5, 9 and t 0 · Ministry of the Environment for Condition 2 · Ministry of Natural Resources, if required, for Condition 14 · Ministry of Tourism, Culture and Recreation, if required, for Condition 15 Subdivision Agreement Prior to registration of the Subdivision Agreement, a copy of the executed Agreement for the proposed development should be submitted to the Regional Niagara Planning Department for verification that the appropriate clauses pertaining to Conditions 3, 4 and '13 have been included. A copy of the executed Subdivision Agreement should also be submitted to the Niagara Peninsula Conservation Authority for review prior to its registration. NIA'~A PUBLIC HEALTH DEPARTMENT The Regional Municipality of Niagara 573 Glenridge Avenue St. Catharines, Ontario L2T Telephone: 905-688-3762 or 1-800-263-7248 Fax: 905-641-4994 ~=~ E-mail address: inspect(&reqional.nia~ara.on.ca October Regional Niagara Planning Department 2201 St. David's Road Thorold, Ontario L2V 4'17 Attention: Erie Conley Dear Hr. Conley: RE: Proposed Miller Road Estate Residential Subdivision Miller Road & Niagara Parkway~ Niagara Falls~ Ontario This letter will confirm our review of the above-mentioned plan proposal dated August 27, 2001, for the Hiller Road Subdivision and offer the following comments / recommendations. Our comments are based on both present and former requirements for subdivision development in a rural area. The applicants have proposed the subdividing of 30.50 hectares 97.5 acres) into 22 single-family estate lots. These lots range in size from 2.5 acres to 5 acres with luxury type, 4 bedroom homes on private sewage disposal systems and private wells or cisterns. Recommendations and Comments for Draft Approval A tributary of Ushers Creek traverses the property. One hundred-year flood level mapping has been included with the proposal. Plans should confirm, to the satisfaction of the Niagara Peninsula Conservation Authority, Regional Niagara Public Health and Planning Departments that sewage disposal envelopes are not proposed within the 100-year flood plain. Useable land area for all construction purposes in each lot should total approximately 2 acres, i.e., outside of flood plains, etc. Eric Conley, Regional Niagara Page two The proposed sewage systems designs are to be based on fully raised Class 4 Sewage Disposal Systems with 100% spare reserve area based on a minimum of 4 bedroom, luxury type homes. Sewage disposal envelopes should reflect a minimum of 2,500 square metres. By nature, this particular subdivision may invite larger residences than have been designed for. These proposals will have to be evaluated and approved of on an individual basis. Sewage disposal envelopes shall be designed and located no closer than 30 feet to proposed lot lines for each individual lot, i.e., maintaining a 60 foot separation between proposed sewage disposal envelopes. A detailed-engineered master surface water drainage plan must be provided. This plan must be approved by all agencies having jurisdiction, i.e., City of Niagara Falls, Niagara Peninsula Conservation Authority, Regional Municipality of Niagara, etc. This plan must indicate methods of diverting storm water away from sewage disposal system envelopes for each lot since fully raised tile beds are proposed for each of the lots in the subdivision. ]~ndividual lot grading plans must be submitted for each lot in the subdivision. This plan must be approved by agencies having jurisdiction over grading. Prior to final approval, it is recommended that all main drains for the development be constructed and connected in accordance with the approved master drainage plan. In order for surface water drainage to be diverted and exited from the proposed development site. (a) It is recommended that prior to final approval, the applicant submit on one plan final details for the following: i. All lots and proposed sizes; ii. Size of building and amenities envelopes and sewage disposal envelopes with 100% spare area (minimum 2,500 square metres) with sewage envelope distances from proposed lot lines indicated; iii. The final approved drainage scheme; iv. The final approved grades for each lot; v. The location and type of water supply for each lot. Eric Conley, Regional Niagara Page three (b) It is recommended that the above plan information be provided separately for each lot. (c) It is recommended that an approved engineering plan/design be provided for septic systems for each lot in the subdivision. Should you have any questions regarding the above, please do not hesitate to contact this Department. Yours truly, Dennis Beresh, ¢.P.H.I.(¢) Hanager, Food Safety & Healthy Environments For: Robin Williams, MD, DPH, FRCP(C) Hedical Officer of Health c.c. Doug Darbyson, Director of Planning, City of Niagara Falls DB:mf~ 2001DB18.LTR. DOC NIA~A 1#:t DATE: TO: SUBJECT: THE REGIONAL MUNICIPALITY OF NIAGARA October 10, 2001 Eric Conley Planning and Development Department Draft Plan of Subdivision Miller Road Estates (26T-11-2000-05) - REVISED Owner/Applicant: 727604 Ontario Ltd. 01rlan Sinclair) Proposed: 22-Single Family Residential Units Location: NS of Miller Road between Willoughby Drive and Niagara River Parkway In the City of Niagara Falls Our File: D.11.000 (208) (ID#551) The above-referenced Draft Plan of Subdivision proposes only a slight change to the number of lots from 25 to 22 and the area of subdivision from 75.24 acres to 79.12 acres. Therefore, our previous comments in our letter of July 14, 2000 (attached) still applies. / William J. S,.)f~en"i'7, CTE.T. - - Development & Approvals Manager VD/cm L:\Engineering-Planning-and-Development\Dopke-Vic\Niagara Falls\3974.e.conley. memo.doc Attachment ~. woNiagara rks NIAGARA /.! THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM DATE: TO: SUBJECT: July 14, 2000 Pat Busnello Planning Department Draft Plan of Subdivision Miller Road Estates (26T-11-2000-05) Owner: 727604 Ontario Ltd. (Brian Sinclair) NS of Miller Road between Willoughby Drive and Niagara River Parkway City of Niagara Falls Our File: D.11.000.(208) Regional Niagara Public Works staff reviewed the above-referenced draft plan of subdivision, which proposes 25-single family residential units and submit the following comments, noting that we would oppose this application if there is any requirement by the Ministry of the Environment to develop this subdivision, utilizing communal sewage disposal and water supply systems for which. Regional involvement is necessary, as we are not capable of assuming ownership, operation and/or maintenance of such facilities. 1. Servicing Information 'provided with this application indicates that the use of a private water well and septic tile leaching bed system is contemplated to service each lot. Approval of same is the responsibility of the Regional Public Health Department. Although we have no objections to the development proceeding utilizing individual private services, we would oppose the project if there is any requirement by the Ministry of the Environment to develop utilizing communal water supply and/or sewage disposal systems for which Regional involvement would be required. In this regard, Regional Niagara is not capable of assuming ownership, operation and/or maintenance of any communal water and/or sewer system to service this proposal. The Ministry's position on this matter should be stated prior to further consideration of this plan of subdivision. Also, a servicing report satisfactory to the Regional Public Health Department should be prepared to indicate the suitability of these lands to support residential development utilizing individual wells and septic system. Pat Busnello July 14, 2000 Page 2 Storm Drainage Storm water runoff is a local issue for which the responsible. City of Niagara Falls is · 3. Regional Roads This proposal neither abuts nor proposed access to any roadway under the jurisdiction of the Region. In summary, we have no objections to the approval of this plan on condition that the Ministry of Environment and Regional Niagara Pubfic Health Department approve the private water supply and sewage disposal systems for this development. Manager of Engineering Planning and Development DPJcm CC: D. Beresh, Regional Niagara Public Health D.. Darbyson, City of Niagara Falls P. Fisher, Phil Fisher & Associates Ltd. G. Cook, Gary Cook & Associates Z. Ali, Niagara Engineering L:\Engineedng-Planning-and-Development\Rusnak-Oave\Niagara Falls\2090.p.busnello.memo.doc Planning RECEIVED NOV 2 2 2001 & DEVELOPMENT The Niagara Parks Commission R0, Box 150, Niagara Fails, Ontario, Canada L2E 6T2 Brian E. Merrett Chairman John A.M. Kernahan Ontario General Mana~w Mr. Doug Darbyson Director of Planning City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 E-Mail: npinfo~niagaraparks.com Web Site: http://www, niagaraparks.com Tel~ph0ne 905/356-2241 Fax 905/354-6041 Engineering Fax: 9051356-7262 E-Mail: npceng@niagaraparks.com October 24, 2001 Dear Sir: RE: PROPOSED MILLER ROAD ESTATES SUBDIVISION (REVISED AUGUST 27, 2001) CITY OF NIAGARA FALLS, ONTARIO · We have reviewed the revised plans for the above noted subdivision and have the following comments: The Niagara Parkway is a controlled access highway under the Niagara Parks Act. Regulation 13- (11) states that no heavy vehicles are allowed within the Parks unless making deliveries to an owner abutting the Parks. Miller Road therefore must be improved to municipal standards westerly to Willoughby Drive for access to the site by trucks during construction and for future deliveries/ pick up. The upgrading of Miller Road to Willoughby Drive would also benefit future residents of the subdivision and service vehicles, by allowing them an alternative route to the primarily tourist orientated Niagara Parkway. Upgrading and intersection improvements including concrete curbs will be required at the Niagara Parkway / Miller Road intersection due to the additional traffic that this proposed subdivision, as well as other available building lots along Miller Road will generate. Thank you for circulating The Niagara Parks, and we would appreciate being kept informed of the status of this proposal. Yours truly, David Giilis Manager Planning and Properties NIAGARA PENINSULA CONSERVATION A U T I~ 0 R I T Y zSo ThoroM I~ad We~t, )~d R~m Tel (~) October 23, 2001 Sent by fax 1~905-356-2354 Our File No. MPR 6.9.107 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2.E 6X5 Attention: Mr. Rick Wilson, Planner Dear Mr. Wilson, Subject: Draft Plan of Subdivision Miller Road Estates File No. 26T-11-2000-05 Further to your letter of September 21, 2001, outlined below are our cotangents on the revised draft plan of subdivision dated August 27, 2001 as prepared by Matthews, Cameron, Heywood ~ Kerry T. Howe Surveying Limited. Please note that our comrr~nts from July 4, 2001 continue to apply as it appears that the majority of lot 22 is located within the floodplain. It appears that the base map used for the subdivision is the Authority's floodplain mapping for the area. The subdivision plan does not appear to include elevations surveyed in the field. The extent of the floodplain on site will need to be determined in the field by the developer. The Conservation Authority requires additional information about stormwater management on the site, including: Location of stormwater rcanagement facility to be confirmed and information (including catculations) provided to confirm that the revised stormwater management block is of a su~cient size to store the expected runoff; · Clarification of the means whereby stormwater runoff captured in street A's roadside ditches west of Ussher's Creek shall be treated for both quality and quantity; ' · location and means of stormwater conveyance to all proposed stormwater management facilities shatl be provided. We recommend that all paths of overland flow be subject to an easement. · Confirmation shall be provided that the City of Niagara Falls will assume ownership and maintenance of all proposed stormwater management facilities, Please give me a call if you have any questions. $incerety, Suzanne Mclnnes, M.C.I.P,, Watershed Planning Coordinator (ext_235) cc. E. Conley, Region of Niagara Planning Department, fax 905-641-5208 Niagara Engineering, fax 905-984-6906 /05/01 T}iU 08:08 FAX 905788~121 NPCA ~001 NIAGARA PENINSULA CONSERVAllON A U T H 0 R ! T Y July 4, 2001 Sent by fax 1-905-356-2354 Our File No. MPR 6.9.107 City'of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Mr. Rick Wilson, Planner Dear Mr. Wilson, Subject: Draft Plan of Subdivision Miller Road Estates File No. 26T-11-2000-05 City of Niaqara Falls Further to our letter of January 5, 2001 and our meeting on June 1, 2001 we would like to cladfy the 100 year floodplain elevations on the site. Our eadier letter indicated that the 100 year floodplain elevation was 569.71 feet G.S.C. This figure was incorrect. The floodplain mapping in attached and shows 3 elevations on the site, 575.32 feet G.S.C. near Miller Road, 574.51 feet G.S.C. north of the hedgerow between lots 15 and 16, 573.11 feet G.S.C. just south of Weaver Road. Please note that some of the lands within lot 22 as shown in the revised subdivision plan (provided to us at our meeting on June 1, 2001) are within the 100 year floodplain. It appears that the base map used 'for the subdivision is the Authority's floodplain mapping for the area. The subdivision plan does not appear to include elevations surveyed in the field. The extent of the floodplain on site will need to be determined in the field by the developer. Please give me a call if you have any questions. Sincerely, Suzanne Mclnnes, M.C.I.P., R.P.P. Watershed Planning Coordinator (ext.235) 2001 PLANNING CC, E. Conley, Region of. Niagara Planning Department, fax 905-641-5208 Niagara Engineering, fax 905-984-6996 jl/08/01 ffON 08:00 FA~ 90S788~21 NPCA ~001 .~J~ NIAGARA PENINSULA CONSERVAllON A U T H 0 R I T Y Janua~ 5,2001 Sent by fax 1-905-356~2354 Our Flle No. MPR 6,9,107 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Mr. Rick Wilson. Planner Dear Mr. Wilson, Subject: Draft Plan of Subdivision Miller Road Estates File No. 26T-11-2000-05 City of Niaqara Falls Further to the circulation of this plan of subdivision and rezoning applicatiofi, Conservation Authority staff have completed our review of the proposal and provide the following comments for your consideration. The property is located within the "Rural" designation in the Region of Niagara Official Plan and is located on the north side of Miller Road, east of Willoughby Ddve, between Willoughby Drive and Niagara River Parkway. It isour understanding that the property is located in an area that is the subject of the . "Willoughby Land Use Study". The proposal is to create a 25 lot residential plan of subdivision. Accordingly, Authority objectives when revieWing this proposal would pertain to ensudng that life and property is not affected by slope stability problems, that soil erosion and sedimentation is minimized, and that the natural integrity of the Ussher's Creek system are maintained over the long term. From our review of the subject property, it has been noted that Blocks 26, 27 and 28 incorporate the lands on the property within the 100 Year Flood elevation of 569,71 feet G,S,C. of the Ussher's Creek, and as such. would be subject to the current Floodplain Management Policies of the Authority. Street B crosses Ussher's Creek and Will require a work permit under the Conservation Authodty's Regulations. As well, the stormwater outlets to the Creek will require a work permit from the Conservation Authority. Both the crossing and the stormwater ouffalls will also require approvals under the Federal Fisheries Act, It should also be noted that the Conservation Authority has entered into an agreement with the Federal Department of Fisheries and Oceans to undertake proposal screening for that agency. Accordingly, projects involving work in or near watercourses which may have the potential to cause a harmful alteration, disruption, or destruction to fish habitat (HADD) are referred to DFO for their review and approval prior to approvals being issued by .the Conservation Authority. The Conservation Authority also acts as contact agency in this regard. Technical staff have reviewed the Engineering Report dated January 2000 as prepared by Niagara Engineering, The report proposes individual ponding areas for each of the subdivision lots. While conceptually it is a good idea to control stormwater at the source, there are a number of concerns that need to be addressed before we can suppor~ the proposal. Additional information is required, including: · calculations relating to pre and post development runoff for the site to determine the size of the ponding areas; a preliminary lot grading plan to determine lot drainage patterns; identification of the mechanisms to ensure that the ponding areas continue operating over time {the municipality may have to look at easements or other methods); and · satisfTing the Health department that the leachate from the septic beds (which in some cases are located very near the ponding areas) will not seep Into the ponding areas. The Engineering Report indicates that road drainage quality and quantity is proposed to be drained into a detention facility prior to discharge to Ussher's Creek. Additional Information (including calculations) is required to confirm that the area of Block 28 is of a sufficient size to store the expected runoff, The final ownership of the detention pond block and the foodplain blocks should be verified. We recommend that the City ultimately own these Blocks to ensure future maintenance and prevent unauthorized alterations. In fight of the above, Authority staff request that the following are included as conditions of subdivision approval for this development: 1. That all lands located within the floodplain be included within an Environmental protection zone where no structural development is permitted; 2, That detailed lot grading and drainage plans, delineating both existing and proposed grades and the means whereby major system flows will be accommodated across the site. be submitted to the Conservation Authority for our review and approval. 3. That detailed sedimentation and erosion control plans detailing methods proposed for the control of silt and erosion during the construction phase and restoration proposed for the site after construction be submitted to the Authority for our review and approval; 4. That permit approval be obtained from the Conservation Authority and the Department of Fisheries and Oceans for road crossing and stormwater ouffalls to Ussher's Creek, and 5, That the owner agrees in the executed subdivision agreement to: a) Include all lands located within the floodplain be included within an Environmental protection zone where no structural development Is permitted. b) implement the lot grading and drainage plans, sedimentation and erosion control plans, as noted in conditions to above; c) nol place or dump material of any kind, whether originating on-site or off-site in the Ussher's Creek floodplain, unless a work permit from the Conservation Authority has been issued, d) obtain proper permit approvals for any road crossing and stormwater outfalls to Ussher's Creek as noted in condition above e) during the construction phase, erect and maintain a sediment control fence 3,0 metres from the floodplain of Ussher's Creek; and f) revegetate or otherwise stabilize all disturbed areas immediately following the completion of construction. The Conservation Authority would like to receive a copy of Council's decision on the proposed subdivision and rezoning applications. Please give me a call if you have any questions. ~1/08/01 ~0N 08:01 FAX 905?381121 NPCA ~003 Sincerely, Suzanne Mclnnes, M.C.I.P., R.P.P. Watershed Planner (ext2$5) cc. Region of Niagara Planning Department, fax 641-5208 3uly 14, 2000 City of Niagara Falls Planning and Development Department P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Doug Darbyson Dear Sir RE: Miller Road Estates file no. 26T-11-2000-05 Canadian Niagara Power (CNP) has no objection to the approval of this development provided the conditions listed below are met. :1. That the drainage of, the operation of and access to our dght of way not be adversely affected. 2. That no structures, other than fences, are allowed within 5.0 m. of CNP's boundary with this development. 3. Any fences be restricted to less than 2.0 m, in height and be set back 0.3 m., from the boundary with CNP, upon the lands this development. 4. That no trees of a variety that will eventually grow into our lines be planted in a location that will allow this to occur. If you have any questions or require more information please call me at 1-905- 87:1-0330 Extension 3222. Sincerely COPY Richard A. (Rick) Berry RECEIVED SEP 2 4 2001 & DEVELOffi E U:\correspondence-2000~vh[ler Road Estates-02.doc The City of ~ 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-mai[: planning@city.niagarafal[s.on.ca Doug Darbyson Director PD-2001-108 December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-108, Updating the Tourist Area Development Application Guide RECOMMENDATION: It is recommended that the Tourist Area Development Application Guide be adopted and updated as outlined in this report. BACKGROUND: The C, ity's Tourist Area Development Application Guide effectively implements the municipality's Official Plan policies for high-rise development. The Guide sets out building design parameters governing the character, height and massing of high-rise buildings, requisite studies to support proposed applications and application procedures. Since the Guide was originally approved by Council, approximately three years ago, two matters have arisen necessitating the Guide's updating. 1) Ontario Municipal Board (OMB) Hearing As Council is aware, the OMB held a week long heating in September 2001 to consider appeals to two high-rise development applications: · AM-46/2000 - proposed 15 storey Lodge by the Falls, 6039 Fallsview Boulevard · AM-03/2001 - proposed 16-storey addition to the Days Inn Hotel, 6546 Fallsview Boulevard Rather than dealing with the planning merits of each application, the appellants challenged the status of the City's Tourist Area Development Application Guide and the City's use of same in evaluating high-rise development applications. While the OMB clearly dismissed the appellant's challenge in favour of the City, the Board was of the view that Council should formally adopt the Tourist Area Development Application Guide, thereby clarifying its status as a guideline document. Staff recommends the adoption of the by-law appearing on tonight's agenda which will confirm that Council has implemented built form and urban design guidelines as referenced in the City's Official Plan. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development December 3, 2001 - 2 - PD-2001-108 2) Building Design Changes The planning approval process for high-rise development applications inherently contemplates the construction of buildings in compliance with the approvals given. Various stakeholder groups, such as the Niagara Parks Commission, the general public, property owners in the immediate vicinity of an approved development, and the business community at large, rely on the approval process to ensure that developments are constructed as approved. In the event that a developer may wish to alter his building plans after formal approval has been given, an administrative procedure needs to be established in order to protect the integrity of the system. In this regard, staff recommends that an addendum be added to the Tourist Area Development Application Guide which would require a further review of the proposed changes by the Architectural Peer Review panel at the expense of the applicant. CONCLUSION: It has been the practice of the City to use the design guidelines of the Tourist Area Development Strategy (TAXIS) for all recent high-rise buildings in the tourist core. Formal adoption will implement the Official Plan policy in this regard and will clarify the intent of Council. Prepared and recommended by: oug Darbyson irector of Planning & Development Respectfully submitted: Edward P. Lustig Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services DD:tc F1LE: SSPDRk2001 \PD2001-108 wpd74 Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: vcww.city.niagarafalls.on.ca Tek (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca December 3, 2001 Doug Darbyson Director PD-2001-'109 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-109, Regional Policy Plan Amendment No. 166 MetCap Living RECOMMENDATIONS: It is recommended that: 1) Council advise the Regional Municipality of Niagara that it does not support Regional Policy Plan Amendment No. 166; and 2) a copy of this report be forwarded to the Regional Municipality of Niagara Planning and Development Department for its information. BACKGROUND: An application to amend the Regional Policy Plan has been received from MetCap Living. The purpose of the amendment is to permit a 160-bed long-term care facility for seniors on a 2.6 hectare (6.4 acre) parcel located on the southwest comer of Marshall Road and the Niagara River Parkway in the City of Niagara Falls. M. Radojcic, K. Radulovich, and M. Madulovich currently own the property. A site plan showing the location of the subject property is attached as Schedule 1. The applicants propose to service the facility by means of private water and by on-site private sewage treatment facilities. The Regional Policy Plan designates the lands as "Good General Agricultural Area". Policy 12.14, ho~vever, contains special policies for lands west of the Niagara Parkway in the City of Niagara Falls. Continued low-density residential development is permitted to a depth of 140 metres (450 feet) west of the Parkway. The applicant seeks a site specific amendment to the Regional Policy Plan to permit the proposed development. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development December 3, 2001 - 2 - PD-2001-109 The City of Niagara Falls Official Plan designates the site "Parkway Residential" that permits estate type residential development. The site has a draft approved plan of subdivision on the Niagara River Parkway frontage for 4 large estate residential lots (Parkway Acres Estate Subdivision). Applications to amend the City's Official Plan and Zoning By-law have been submitted. Planning staff' can process these amendments once the Region has dealt with the appropriateness of the proposed site at the subject location outside of the urban area boundary. The proposed development is premised on a funding allocation from the Ontario Ministry of Health and Long-Term Care in 1999 for the development of a 160-bed long-term care facility in the City of Niagara Falls. The funding is part of the Provincial government's announced $1.2 billion investment to expand and enhance long-term care facilities and community based programs. SITE AND SURROUNDING AREA: There is a single-family residential dwelling on the site. The majority of the site consists of bush and scrub vegetation. The property abuts the Niagara River Parkway and the recreation trail. To the south is an estate residential dwelling currently under construction and further south some existing estate residential development. To the west of the site are vacant scrub lands. Further west are four residential dwellings on the north side of Marshall Road, a north/south hydro corridor, Willoughby Drive and an auto parts recycling business. To the east of the site are the Niagara River Parkway and the Niagara River. To the north of the site is an estate residential dwelling fronting on the Niagara Parkway and on Marshall Road. The Mingle Estates Subdivision lands are to the north. PLANNING ISSUES: The following comments are submitted based on a review and assessment of the proposal. The proposal does not comply with the Official Plan policies. The lands are designated Parkway Residential in the Official Plan. The use of the land is limited to estate residential type lots. Institutional uses are not permitted within this designation and would not be in keeping with the character of the intended development for the immediate area. A letter of concern from a resident is attached as Schedule 2. The proposal is not consistent with the principles of "Smart Growth". Provincial Policy statements indicate the focus of growth should be directed toward cities, towns, villages and hamlets. The purpose of such policy is to allow cost effective, efficient development and prevent urban sprawl. This objective is a fundamental principle of "Smart Growth". The Parkway Residential designation is a unique linear designation which reflects historical rural residential development along the Parkway. The nursing home is considered to be an urban institutional use which should be directed to the urban area. December 3, 2001 - 3 - PD-2001-109 The application proposes that the 160-bed long-term care facility be serviced by private services with sewage leaving the facility being routed to an on-site sewage treatment plant at the rear of the property. After treatment, outflow will be pumped to the Niagara River. While it may be feasible to receive approvals from the Province for such a private servicing strategy, it cannot be considered "Sruart Growth" planning. The preferred method for servicing the proposed use are full urban services which can be provided within the urban area. Council is aware of the servicing problems which have been acknowledged by the Regional Health Services Department in the north/west quadrant of the City for urban development such as Club Italia and the Regency Motel. While technology for private services may have improved, the northwest quadrant is an example of what can happen when "Smart Growth" objectives are not applied and should be taken into consideration for this development. Other locations within the City should be more fully investigated. There are no strong arguments provided in the application as to why the proposed development cannot be accommodated within the urban area boundaries. The planning report submitted with the application indicates a variety of potential development sites were considered and dismissed based on parcel size, timing of servicing options and development approvals. No details on these potential development sites were supplied. In addition to the long term planning implications, the appropriateness of the proposed development's location may not be the best to serve the interests of the clientele. The subject property is situated further away from hospitals, ambulance service and fire protection. There is an existing parcel of land, approximately six acres in size, situated on the north side of Weinbrenner Road which was recently rezoned to accommodate a nursing home. The amendment requested was for 150 beds. This site is currently undeveloped. The proposal does not fit the adopted Willoughby Land Use Study framework for future development. As Council is aware, the subject property is situated within a larger area which has been the subject of the Willoughby Land Use Study. After considering all of the background material from the study, staff is suggesting the maintenance of the existing Parkway Residential development and its low density linear development. CONCLUSION: The proposed amendment to the Regional Policy Plan cannot be supported for the following reasons: the development does not conform with the Official Plan; the site does not represent "Smart Growth" and is an example of urban sprawl not in keeping with contemporary planning objectives; and · existing sites are available within the urban area. December 3, 2001 - 4 - PD-2001-109 Therefore, staff recommends Council inform the Region that it does not support the proposed amendment. Planner 2 Recommended by: ~Doug Darbyson irector of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services DH :gd Attach. S:~PDR~2001~PD2001-109 wpd Respectfully submitted: Edward P. Lustig Chief Administrative Offer SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Location: Comer of Marshall Road and Niagara River Parkway Applicant: METCAP LIVING AM-29/2001 1 :NTS SCHEDULE2 RECEIVED NOV 2 22001 & DEVEI,~ The City of ~l~ll~ ,,,ogor,:, o,s II1 :. I - Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls,on,ca December 3, 2001 Doug Darbyson Director PD-2001-110 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-110, Burnfield Lane Draft Plan of Condominium File: 26CD-11-2001-01 3241 Montrose Road Owner: Grey Forest Homes Ltd. RECOMMENDATIONS: It is recommended that: 1) the Burnfield Lane Plan of Condominium be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. BACKGROUND: The Burnfield Lane townhouse development is located on the west side of Montrose Road, south of Matthews Drive (see the attached location map). Construction of the 24-unit bungalow project was initiated in February 2001 and has been undertaken in stages. The unit layout and driveway location are shown on Schedule 2. The proposal has proceeded through various planning approvals and consultation with the public. Working Together to Serve Our Community Clea¢'s · Finance Human Resources Information Systems Legal Planning & Development December 3, 2001 - 2 - PD-2001-110 This site was subject to a rezoning application (AM-14/99) that was approved in principle in July 1999. The zoning by-law amendrnent (2000-31) was adopted by Council on February 7, 2000 and zoned the land R4 (Residential Low Density, Grouped Multiple Dwellings) with special provisions. The site plan for the project was approved on March 27, 2000 with area residents involved in the review process. The Site Plan Agreement was registered on title June 27, 2000. During 2001, applications to the City's Committee of Adjustment were approved to permit the extension of balconies at the rear of 5 units (Ao30/2001) and for a small lot addition to provide a sanitary sewer connection to Matthews Drive 0319/2001/NF). PLANNING REVIEW: The application for plan o£condominium subdivision will permit the individual ownership of each unit in the development with the common elements (e.g. open space, driveways) shared by the condominium corporation. The project has been designed for compatibility with surrounding land uses and contributes to the mix of available housing types in the area. The application for condominium is recommended for approval subject to certain conditions. Standard requirements for all subdivision developments are applied to plans of condominium including payment of cash-in-lieu of parkland dedication as permitted by the Planning Act. The land at the southerly portion of this development is part of a lot within the Mount Cannel 2 subdivision and has previously been assessed for parkland dedication. The provision of a sidewalk and street trees, as well as improventents to streetlighting, are required along Montrose Road in accordance with municipal policy. The designation of a fire access route through the site is also a condition of approval. Construction of the development has not been completed and a condition is included respecting confirmation of zoning by-law and site plan compliance when the project is finished. The submitted plan for condominium approval shows driveway and turnaround areas that do not match the approved site plan. The City has securities from the developer to ensure compliance with the Site Plan Agreement. The location of the residential units on the plan have greater rear yard setbacks than the minimum zoning by-law requirements (providing more amenity area and separation from abutting single-detached dwellings). However, the resulting distance between units #7 and #8 at the northwest comer of the site is slightly under the site specific zoning standard. The developer has submitted a minor variance application (A-58/2001) to be considered later this month to recognize the existing distance (approximately 7.62 metres - 25 feet). This development is located close to the QEW highway and requirements for noise attenuation were included through the site plan process (e.g. window specifications, air conditioning, solid wood fence along Montrose Road). Land intended for future residential development to the northeast adjacent to the QEW will require a berm/fence barrier. The Region's Planning & Development Department has indicated that a warning clause should be included in the Condominium Agreement to advise future homeowners of potential noise impacts. Such a warning clause is contained in the agreement for the townhouse condominium to the south. December 3, 2001 - 3 - ?D-2001-110 CONCLUSION: The Bumfield Lane townhouse development has received the appropriate zoning and site plan approvals. The proposed Draft Plan of Condominium will allow the separate ownership of the units. The conditions of approval are listed in the Appendix. Prepared by: Richard Wilson Planner 2 Edward P. Lustig Chief Administrative Officer Recommended by: ~oug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. S:~PDRk2001\PD2001 - I I 0wpd December 3, 2001 - 4 - PD-2001-110 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Bumfield Lane Draft Plan of Condominium prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Limited, dated October 31, 2001, showing 24 townhouse units. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the propertyto the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit a request to Fire Services to designate through municipal by-law the required fire access route on the property. 5. The developer provide information to Planning & Development to confirm compliance with the provisions of the Zoning By-law and Site Plan Agreement. 6. The developer construct a 1.5 metre wide sidewalk on the west side of Montrose Road from the southerly limit of the subject land to the existing sidewalk at Matthews Drive (estimated cost $9,800.00). 7. The developer provide street trees along Montrose Road abutting the project to the satisfaction of the Municipal Works Division (estimated cost $700.00). 8. The developer pay for the upgrading of streetlighting (2 streetlight arms, light fixtures, photo cells) to be mounted on 2 existing Hydro poles along Montrose Road (estimated cost $800.00). 9. The developer pay the City cash-in-lieu of 5% parkland dedication (excluding land credited through the portion of Lot 1, 59M-183 described as Parts 1 & 2, 59R-10783). 10. The developer provide 6 copies of the pre-registration plan to Planning & Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. 11. The following warning clause be included in the Condominium Subdivision Agreement and included in all offers of purchase and sale: "Purchasers are advised of the proximity of the QEW highway, and despite the inclusion of noise control measures within the individual building units, noise levels may become a concern, occasionally interfering with some activities of occupants." Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Departments and the following agency indicating that their respective conditions have been satisfied: Regional Niagara Planning and Development for Condition 11. Proposed Plan of Condominium Burnfield Lane 26CD-11-2001-01 Location Map Subject Land 1: NTSI No~mb~ 200 BUR_N.F_IE_L.D_L.ANE Par~ of Stamford Township Lot 55 & Pad of Lot 1, P~an 5gu-18~ & Community Services Department The City of Niagara Falls Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niaga rafalls.on .ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: fhiggins@city.niagarafalls.on.ca December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council Ci.ty of Niagara Falls Members: Ed Dujlovic, P. Eng. Director MW-2001-164 File 01-109-01 Re: MW-2001-164 Contract 2001-109-01 Valley Way, Longhurst Avenue and Garner Road Watermain Replacement RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Fine Grade Construction Ltd., be accepted and the by-law be passed. BACKGROUND: The Tender Opeaing Committee, in the presence of the Mrs. Lyrme Wilson, Secretary to Council, opened tenders on Wednesday, November 28, 2001 at 1:30 p. m. for the above noted contract. Tender documents were picked up by nine (9) Contractors and eight (8) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the eight (8) Contractors, together with the corrected bids * 1. Fine Grade Construction Ltd. 2. Alfidome Construction Ltd. 3. Provincial Construction Ltd. 4. Centennial Construction 5 DeRose Bros. Gen. Contracting 6. Condotta Construction Ltd. ( Niagara Falls ) ( Niagara Falls ) ( Niagara Falls) ( Niagara Falls ) ( Thorold ) ( Thorold ) *$467,610.30 ($467,610.50) $510,086.00 $511,728.50 * $512,205.00 ($512,259.00) $520,730.38 ($520,728.49) $538,114.38 ($530,681.01) Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development 2001-12-03 2 MW-2001-164 7. Alfred Beam Excavating ( Fort Erie ) $589,594.00 8. Vic Vatrt Contracting (Welland) $633,488.16 ($634,236.16) The lowest tender was received from Fine Grade Construction Ltd. in the amount of $467,610.30. This Contractor has not performed projects for the City. Staff contacted, both the City of St. Catharines and the Town of Fort Erie, where this contractor has performed watermaln projects. In both cases, they were satisfied with the contractors performance. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $475,000.00. Project Costs: Awarded Contract Miscellaneous Fees ( MOE ) Net G.S.T. 3% $467,610.30 $ 1,200.00 $ 14,028.31 Funding: TOTAL $482,838.61 Water Reserve $490,000.00 This project is scheduled to commence on January 21, 2002. All works are to be completed within 40 working days, with the exception of final restoration and Garner Road, where the City must wait until the completion of the Regional pumping station and related works. Council's concurrence with the recommendation made would be appreciated. Prepared by: Frank Higgins, C.E.T. Manager of Projects Ed Dujlovic, P. Eng. Director of Municipal Works proved by: acDonald ve Director of Community Services Chief Administrative Officer x. Niagara Fails Community Services Department 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-maih (905) 356-7521 (905) 357-9293 jmacdona@city.niagarafalls.on.ca CS-200'1-11 John MacDonald Executive Director December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: re: CS-2001-11 - Jolley Cut Recommendation: 1) That Council accepts the Niagara Parks Commission's recommendation that thc City and the Niagara Parks Commission jointly undertake ml~fiaafl-a planning review of the Jolley Cut that includes public and stakeholder input, ~r 2) That Council authorizes staff to work with Niagara Parks Commission staff to develop a Terms of Reference for the Jolley Cut planning review; 3) That Council reconsiders its decision to hold the Jolley Cut Public Meeting on December 10, 2001 to allow Canadian Niagara Hotels to complete its proposal and to allow the Niagara Parks Commission and the City to undertake a planning review of the area. Background: On August 7, 2001, Council approved report CS-2001-08 on the Jolley Cut. As a result, a public meeting has tentatively been scheduled for December 10, 2001 to provide an opportunity for Canadian Niagara Hotels to present its proposed development of the existing Jolley Cut and, at the same time, allow the public an opportunity to respond to the proposal. Recently, however, correspondence has been received from Canadian Niagara Hotels and the Niagara Parks Commission (copies attached). Canadian Niagara Hotels has indicated that it will not be prepared to submit its proposal on the Jolley Cut to Council on December 10. The Niagara Parks Commission has requested that the City work jointly with the Niagara Parks Commission to undertake a planning review of the Jolley Cut area. The intent of the planning review would be to provide for long term access between the Park and the City taking into account the concerns and needs of the public and surrounding stakeholders. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services CS-2001-11 - Jolley Cut - 2 - December 3, 2001 Therefore, staff is seeking Council's direction with regard to recommendations noted above. avCOmmended by: / e Director of Community JM:kk Attachments Services Re sp.e~tfully submitted: Edward P. Lustig ) Chief Administrative Officer// Ontario The Niagara Parks Commission Brian E. MerreLT Chairma', John AM. Kemahnn geetal ~n~jer Ri]. Box 150. Niagara F~lls, Ontario, ~anacla L2E §T2 E-Moil: npinfo~niagara~rks,co~ Web Site: htTp://www, niagaraparks.c~n Telephone gos/3~8-224'f Fax ~05/354-§041 November 23, 2001 By Fax Transmission: 905-356-2554 Mr. John MacDonald City Hall P.O. Box 1023 Niagara Falls, ON L2E 6X5 De~r Sir: RE: JOLLEY CUT As indicated in the recent Commission report it is the NPC's position that detailed planJfing in the ~rea of the Jolley Cut is desirable before any decisions are made regarding adjacent development. We recognize that this is not a new issue and acknowledge previous efforts have not provided results. It is our view, howevg, that development pressures in this area in the near future make it essential that we re-visit this issue now. We need a plan that provides for long term access between the Park and the City and at the same time takes into account the concerns and needs of the land owners along the top of the moraine. To this end we propose that the City of Niagara Falls and The Niagara Parks Commission jointly undertake a planning review for this area resulting in recommendations wh/eh are founded on public consaltation and stakeholder input. We would propose that the City and the NPC be funding partners and that staffbe authorized to develop the Terms of Reference at the earliest oppommity. i tmderstand that Council had anticipated dealk~g with this ma~er at its December 10* meeting. I would hope that if the joint planning proposal is acceptable that the December 10* meeting could be postponed until all the information is available. JIGrLc Yours truly, cc: B. Merrett CANADIAN NIAGARA H O T E L S I N C. EXECUTIVE OFFICE NOV ~3 '2001 ~ Ngvember 23, 2001 ,By Fax City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Mr. $ohn McDonald Dear Mr. McDon~d: Re: JOLLEY CUT As per our discussion ~vith you regarding Council Mcetisag on Monday, December 10, 2001 pertaining to Jolley Cut, this is to notify you that we are not prepared, at this time, to submit our proposal at this meeting. We are still in the process of preparing information, as well as having a planned informational meeting open to the public in order that our proposal can be presented and consideration be given to any concerns brought up at this meeting, h would bc premature for us to have a meeting with Council on December 10*. I will contact you once we have our presentation ready in a format to be presented to Council. Please call with any concerns in this regard. Sincerely, CANADIAN NIAGARA HOTELS INC, D~no A. DiCienzo President DAD:im 5685 [CALLS ~VENUn, NI^OARtx F^LLS, ON L21~ fiW? T~L (905) 3744444 FAX (905) 358-0443 ww,,,.xxiagaeafallshotels,com CLERK: Mayor Wayne Thomson Ed Lustig Ray Kallio Jotm Mae Donald Members of City Council City Hall P.O. Box 1023 Niagara Falls, Ont L2E 6X5 Nov 28, 2001 Jolley Cut Petition. The attached 2 732 names (164 pages) and signatures have been gathered from residents in favor of retaining public ownership of the Jolley Cut. I request that this petition, as well as the number of names on the attached petition be recognized at the City Council meeting on Dec 3, 2001. In addition to this, ! request that this letter and a copy oftbe first page of the petition be put in the agenda package for the Dec 3, 2001 meeting. I also request that this petition be kept on public record for reference at any future public meetings on the issue of Jolley Cut ownership. I wish council to recognize the strong public interest for the Jolley Cut to remain in public ownership, and the opposition to sale to private interests. Residents for Public Ownership of the Jolley Cut Jim Brown 3404 Sbeppard Ave Niagara Falls, Ontario L2I 3Y1 attached:164 pages PETITION IN FAVOR.OF RETAINING PUBLIC OWNERSIHP OF ~ JOLLITY CUT We the undersisaed residents of the City of. Niagara'Palls 0~t_-do oppose the sale of~4h~'ir0ad allowance onthe east end ot'Robimmn S~. ki'the City of Nhgara Falls commonly known as tho ~'olley Cut. We wish the. roa~Mlo~mce and pathway remain'in public ~.-ds for public access'to Que~ ViOtmia Park. ' ]'he Ci~/of ~1~ Niagara Fall,s I - Corporate Services Department Human Resources 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tony Ravenda Executive Director HR 2001-05 Tel: (905) 356-7521 Fax: (905) 356-5110 E-mail: travenda@city.niagarafalls.on.ca December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: HR 2001 - 05; OMERS Pension Plan Adjustments RECOMMENDATION: That this report be received for the information of Council. BACKGROUND: On September 26, 2001, the Chair of the Ontario Municipal Employees Retirement System (OMERS) notified stakeholders of substantial changes to the OMERS Surplus Package. These adjustments were the result of the significant downturn in the economy over the past twelve months and the further impact on financial markets caused by the September 11 tragedy in the United States. The main changes include a much earlier end to both the Employer and Employee contribution holiday. Contributions will now be phased in over a three-year period commencing no earlier than July 2002 and would start at a 2% annual rate increasing to 4% in 2003 and 6% in 2004. This results in the Corporation's share of OMERS premiums increasing from $0 in 2001 to approximately $210,000 in 2002 and approximately $865,000 in 2003. Other revisions include the deferral of a proposed reduction of the OMERS CPP offset for pensioners and a decrease in the planned pension improvements for pre-1978 retirees. The current early retirement window has not been affected, and will continue to be gradually phased out ending in 2005. Manager of Employee Relations ieLufullys?9rnitted' ~ stig~ '~ ~ ~ Chief Administrative Officer Recommended by, Tony Ravenda Executive Director of Corporate Services IForking Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development 'l'he City of Corporate Services Department Finance 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: Fax: E-mail: (905) 356-7521 (905) 356-2016 kburden@city.niagarafalls.on.ca F-2001-75 Kenneth E. Burden Director December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2001~75 - Borrowing By-Law RECOMMENDATION: Thai: the Corporate Services Committee approve the borrowing of $23,000,000.00 for current expenditures and approve the borrowing orS 18,175,000.00 for the acquisition of the CNCP Railway Corridor BACKGROUND: Borrowing for Current Expenditures The Municipal Act makes provision for the Council to authorize the Mayor and Treasurer to borrow from time to time such sums as the Council considers necessary to meet the current expenditures of the Corporation for the year. The City of Niagara Falls may be required to borrow, from time to time, a stun or sums not exceeding in the aggregate $23,000,000.00. These temporary borrowings are necessary to pay for obligations prior to the collection of taxes. Staff recommends that the Corporate Services Committee approve the borrowing of a sum or sums not exceeding in the aggregate $23,000,000.00. This amount is the limit established originally in 1993. Borrowing for Acquisition of the CNCP Railway Corridor On November 5,2001, City Council approved Report F-2001-65 and enacted two borrowing by-laws (Nos. 2001-234 and 2001-235) that specifically refer to the acquisition of the CNCP Railway Corridor. Staff has received the information from the City's financial institution (The Bank of Nova Scotia) for the temporary borrowing. Staff advises that the borrowing by-law requires amendment to include the temporary borrowing for the railway acquisition. Working Together to Serve Our CommuniO: Cled~:'s Finance Human Resources Information Systems Legal Planning & Development k)ecember 3, 2001 - 2 - F-2001-75 As at this date, the due diligence investigation into the railway corridor acquisition is not complete. Staff advises the temporary borrowing will only be required when the purchase/sale agreement is closed. Summary Staff has prepared the borrowing by-law in conformance with the requirements for current expenditures and for the acquisition of the CNCP Railway Corridor. This by-law is available for approval given the Council's approval of the recommendation in this report. Recommended by: K.E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: Corporate Services Department Finance Division 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) 356-2016 E-mail: kburden@city,niagarafalls.on.ca F-2001-76 Ken Burden Director December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Mexnbers: Re: F-2001-76 - Municipal Accounts RECOMMENDATION: That City Council approve the municipal accounts totalling $2,786,979.96 for the period ending December 3, 2001. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. Recommended by: K.E. Burden Director of Finance Respectfully submitted: Edward P. Lustig // Chief Administrative Approved by: T. Ravenda Executive Director of Corporate Services KEB:jd Working Together to Serve Our Community Clerk's · Finance Human Resoumes Information Systems Legal Planning & Development The City of Con il Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X$ web site: www,city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: wwagg@city.niagarafalls.on,ca E.C. Wagg City Clerk CD-2001-13 His Worship Mayor Wayne Thomson and Members of the Municipal Council, City of Niagara Falls, Ontario Members: December 3, 2001. Re: CD-2001-13 2002 COUNCIL SCHEDULE RECOMMENDATION: That Council pass the By-law appearing on this evening's agenda adopting a schedule of meetings for Council for 2002. BACKGROUND: Members are reminded that the Procedure By-law, rule 2 requires that Council adopt a schedule of meetings to be held within any given year. Attached is a proposed schedule of meetings for Council's consideration. The identical schedule will form part of the By-law which is included on this evening's agenda for Council's consideration. Prepared by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: ~E. p~.'. Lustlg '~ ~/J ~ Chief Administrative Officer TR:lw Attach. V52001 COUNCIL/2001 12 03\CD-2001-13 2002 Council Schedule wpd Working Together to Serve Our Community Clerk's Finance Human Resources · Information Systems · Legal Planning & Development January 2002 Council Schedule 15 16 17118 19 22 23 24125 26 Printed by Calendar Creator Plus on 12/10/2001 February 2002 Council Schedule 1 2 3 10 17 24 4 6:00 PM Regular Council 11 5 12 6 13 7 14 8 15 6:00 PM Regular Council 18 6:00 PM Planning/ Council 25 19 26 OntarFo G06dX 20 21 27 28 ~ad~ onConveniFon 22 9 16 23 Printed by Calendar Creator Plus on 12/10/2001 March 2002 Council Schedule Break gular M T ~ S M ii 1 Printed by Calendar Creator Plus on 12/10/2001 April 2002 Council Schedule 1 Easter Monday 2 3 4 5 6 7 14 21 8 6:00 PM Regular Council 15 6:00 PM Planning/ Council 9 16 10 17 12 18 19 z22 6:00 PM Regular Council 23 24 25 26 13 20 27 28 29 6:00 PM Regular Council 30 Printed by Calendar Creator Plus on 12/10/2001 May 2002 Council Schedule S MT WT F S S MT WT F S 2 3 4 5 6 7 8 23 24 25 26 27 28 29 30 2 4 5 12 19 6 13 6:00 PM Planning/ Council 20 Victoria Day 7 14 21 8 15 22 9 16 23 10 17 24 26 27 28 29 30 31 18 25 6:00 PM Regular Council Printed by Calendar Creator Plus on 12/10/2001 June 2002 Council Schedule 2 3 4 5 6 8 9 15 16 22 23 29 I Printed by Calendar Creator Plus on 12/10/2001 July 2002 Council Schedule 1 Canada Day 2 3 4 5 6 7 14 21 8 15 6:00 PM Planning/ Council 22 9 10 16 17 23 24 11 18 25 12 19 26 13 20 27 28 29 30 31 S MT WT F S 2 3 4 5 6 7 8 23 24 25 26 27 28 29 30 S MT WT F S 4 5 6 7 8 9 10 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 12/10/2001 August 2002 Council Schedule 8 9 10 15 16 17 22 23 24 30 31 Printed by Calendar Creator Plus on 12/10/2001 September 2002 Council Schedule 1 2 3 4 5 6 7 Labour Day 8 9 10 11 12 13 14 15 16 17 18 19 20 21 6:00 PM Planning/ Council 22 23 24 25 26 27 28 29 30 ~~l~;~~lll Printed by Calendar Creator Plus on 12/10/2001 October 2002 Council Schedule 15 16 17118 19 , 22 23 2412526 Printed by Calendar Creator Plus on 12/10/2001 November 2002 Council Schedule 3 10 17 24 4 6:00 PM Regular Council 11 5 6 7 8 i9 12 13 14 15 Day 18 6:00 PM Planning/ Council 25 6:00 PM Regular Council 19 2O 26 27 21 28 22 29 16 23 30 Printed by Calendar Creator Plus on 12/10/2001 December 2002 Council Schedule m2 6:00 PM Regular Council 6:00 PM Planning/ Council 15 16 171181912021 6:00 PM Regular Council 22 23 24 12.5~~tr~my26 127~o~g~Y128 / oven er . / .anuary, _ ~ / SMTWTF S/ S MT WI F S/ ~~~17 18 19 20 21 22 23 19 20 21 22 23 24 25 Printed by Calendar Creator Plus on 12/10/2001 ~orporate ~erv~ces Department Clerk's Division 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) 356-9083 E-maih wwagg@city.niagarafalls.on.ca December 3, 2001. His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: CD-2001-14 E.C. Wagg City Clerk RE: CD-2001-14 - Appointments to Boards, Commissions and Committcca RECOMMENDATION: That Council select appointees to serve for various terms on Boards, Commissions and Committees and that the appointments be confirmed by the By-law to be passed at this meeting. BACKGROUND: It is necessary for Council to appoint Aldermanic and Citizen representatives to a number of Boards, Commissions and Committees for the period commencing 2002 and 2003. It is suggested that where applicable, the Citizen appointments be made by secret ballot with those obtaining the highest number of votes down to the number of appointments required being appointed and in the event of a tie vote, where both or all cannot be appointed, a secret ballot for the remaining appointments will be held amongst the names tied. (Preprinted ballots will be available to assist in the process). Arts and Culture COmmission Appointees required: Seven (7) Citizen Representatives for the 2002, 2003 Term. Applications Received: * Carol Cowlishaw ~ # Georg A. Kostyk ~ Philomena McCraken /N Pat Piccirillo ~ * Brian Smylski ~ * = incumbent # = has applied for appointment to more than one board CD-2001-14 Greater Niagara Transit Commission Appointees Required: Two (2) Citizen Representatives for 2002, 2003 Term Applications Received: Wm. Frank Brant # Georg A. Kostyk Ron Planche ~ * R. T. (Ted) Salci # Albert Scordino Lou Stranges * Ron Sunstrum John Warren Niagara Falls Board of Museums Appointees Required: Three (3) Citizen appointees for the 2002, 2003, 2004 Term Application Received: # GeorgKostyk ~ '~ Note: Insufficient applications were received to fill all three Citizen vacancies. Property Standards Committee Appointee Required: One (1) Citizen representative for the 2002, 2003, 2004 Term Applications Received: Sam B. Carrera Jeff Eidt * Sam LaRosa / Anna Lee * Albert Scordino Recreation Commission Appointees Required: Four (4) Citizen Appointees for the 2002, 2003 Term Applications Received: * Paul Campigotto ~ Donald (Don) W. Jackson * Janet Kilty 1/~ # Georg Kostyk * Tom Merrett / Anna C. Phillips Prepared by: T. Ravenda Executive Director of Corporate Services TR:lw Attach. Respectfully submitted: CD-2001-14 Chief Administrative Officer ARTS & CULTURE BOARDS, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE: NAME OF APPLICANT: CAROL C0~LISH&~ 3568 ARLINGTON AVEI~JE ADDRESS: NTAGARA FALLS, POSTAL CODE: L2J TELEPHONE NUNiBER: RESIDENCE: ~('~OS) '~.-~?'~R BUSINESS: (905) 356-8080 OCCUPATION: CLERICAL ASSISTANT . NIAC~A FALLS PHBLIC LIBRARY EDUCATION AND OTI~ER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE, ABOVE APPOINTMENT: B.A. (Honours) in ~usic (Brock University) Active member o£ Niagara Falls Concert Band Volunteer, Gallery Players Association An ~nterest ~n seeing the arts in N~agara promoted and the profile o~ the arts community raised YOUR REASONS FOR DESIRING THIS APPOINTMENT: and promoted to the£r fulL, potential. I would l~ke to do ~hat I can to , r~e~ the a~tuat~ono OTHER COMlVIENT$ RELATIVE TO THE APPLICATION: Signature of Applicant ~ Date Please complete and submit to: C1'1'¥ CLERK City Hall, 4310 Queen Street P.O, Box 1023 Niagar~ Falls, ON L2E 6XS Telephone: 90~-356-7521, ext. 4271 PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE POSTALCODE: TELEPHONE NUMBER: .us: ~c~--~ /$?7 OCCUPATION: ~'~,a ,.,,~'~)<.~'/~,..~?~,.~ ~,,..,~/4~'~ EDUCATION AND OTHER QUALIFICATIONS ~HICH YOU FEEL WODLb~E AN ~ET~__ · "2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Please complete and submit to: R.O. Kallio, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: RES: BUS: OCCUPATION: EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Sign~ure of Applicant ~,~,,'~ J~_~ / , ~.~,~ / Please complete and submit to: R. O. Kallio, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 PH. (906)358-~274 Philomena McCmcken Expedeflce Education Interests 1989 - Present Royal Bank of Canada ~ Selv~e Rel~ · Depcaits/Withdrawals · Handle current accounts, draft money orders , Certified cheques, travelers cheques 1994 - 2000 Gift Box / Victoria Vadety · Responsible for purchasing & displays · Scheduling, payroll, cashier · Bank deposits, accounts payable 1984 - 1988 Robinsons Ogilvy · Responsible for scheduling, inventory · Purchasing, receiving · Payroll, cashier 1977 - 1983 Rocky's Place Restaam~t Me,agra' · Responsible for scheduling, payroll · Purchasing, receiving · Cashier, waitress 1980- 1982 Niagara College · Night course in accounting, typing · Food and beverage control 1987 Niagara Falls C.V.I. · Night course in computers 1979 - Present Peterson Community Workshop · Art class teacher Reading, arts and crafts, yoga Knowledgeable in Vigilant, Word, Excel, Intemet Niagara Falls, ON Niagara Falls, ON Niagara Falls, ON Niagara Falls, ON Welland, ON Niagara Falls, ON Niagara Falls, ON The City of Niagara Fallsll~l~. PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT:~ ADDRESS: POSTAL CODE: TELEPHONE NUMBER: OCCUPATION: BUS: EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Please complete and submit to: R. O. Kallio, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 The City of ~'~Jll~ Niagara Falls I~11~' Please t~e or orint lctfibB/ APPLICATIONS EOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARDS, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE: NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMIlER: OCCUPATION: EDUCATION AND OTHER QUAL/FICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: -2- ¥o~ REASONS ~o~ D~sn~ Tins ~'POrNT~n~: OT~R COMMENTS RELATIVE TO ~ APPLICATION: Signature of Applicant Dat~' Please complete and submit to.' City Hall, 4310 Queen Street P.O. Box 1023 Niagara l~alls, ON LZE 6X5 Telephone: 905-3S6-7521, ext. 4271 NIAGARA TRANSIT Re City of Niagara Falls pLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: w~. Em~K Emit ADDRESS: 6068 VALLEYWAY NIAGARA FALLS ONTARIO L2E-1Y2 RES: (905)374~-1193 BUS: POSTAL CODE: TELEPHONE NUMBER: OCCUPATION: RETIRRn (t,~'A~CAC.'~R n~ n~jTZON) NIAGARA TRANSIT EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: 31 YEARS IN THE TRANSIT INDUSTRY SERVED ON THE ULTIMATE PEOPLE MOVER COMMITTEE COURSES INCLU~M- ARBITRATIONS WOP~INC ~TAMDAP~S ROUTE ASSESSMENT AND DEVELOPMENT OTHER TRANSIT RELATED SEMINARS YOUR REASONS FOR DESIRING THIS APPOINTMENT: . THE NEXT TWO TO THREE YEARS WILL HAVE A LOT TO DO ~J~TH THE 'FUTURE OF NIAGARA TRANSIT. THERE WILL HAVE TO MAJOR CHANGES TO ACCOMODATE THE PEOPLEMOVER SYSTEM. I FEEL WITH MY EXPERIENCE I WOULD BE AN ASSET TO THIS TRANSFORMATION, ~'~u~KE IS A POTENTIAL FOR A GREAT MODERN TRANSPOI%TATION IN THE MAKING AND IT SHOULD BE IN THE PLANNING STATE VERY SOON, OTHER COMMENTS RELATIVE TO THE APPLICATION: AS I AM RETIRED I DO HAVE THE TIME AND INTEREST TO HELP MAKE OUR TRANSIT SYSTEM A BENEFIT.--TO OUR LOCAL RESIDENTS AS WELL AS THE GROWING TOURIST'ii ~[ INDUSTRY. Please complete and submit to: S~'gna{ure of Applicant E.C. Wagg, City Clerk City Hall, 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521, Extension: 4271 Niagoro Foll$11Iia:. PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: /~. 74 T-~')<~ POSTAL CODE: Z', ,O ~ / ..~""F,.._~ TELEPHONE NUMBER: RES: BUS: OCCUPATION: EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Please complet~an~'su~mit to: E.O.~a~rR~"~ City Hall, 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521, Extension: 4271 THE CITY OF NIAGARA FALLS CANADA APPLICATION FOR APPOINTMENT FOR BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE GREATER N ~I~GARA TRANSIT COMMISSION NAME OF APPLICANT: ADDRESS: POSTAL CODE: Ron Planchc 6344 Forest Ridge Drive Niagara Falls Ontario, L2J 4K2 TELEPHONE NUMBER: FACIMILLIE: MOBILE: (905) 357-0809 (905) 357-6117 (905) 704-9244 E-Mail: ronplanche~cogeco.ca OCCUPATION: Director of Revenue Development EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: Education: St. Thomas University: Graduated - Bachelor of Arts -History Sheridan College - Creative Photography York University - Marketing Communications York University - Atkinson College - Art History Business: Crowmek Business Centres: National Sales Manager- CAD/Graphics Harvest Business Centres: Vice-President, Sales and Marketing Planche & Planche: Principal Community Seri, ice: · Governor, Sheridan College of Applied Arts and Technology · Regional Municipality ofHalton - Regional Councilor · Chair - Budget Review Committee · Chair- Regional Public Works Committee · Vice-Chair- Social and Family Service · Municipality of the Town of Oakville - Councilor · Planning Committee · Transit Committee · President, Rotary Club · President, Community Living Association · Founding Member/Director, The Centre for the Performing Arts · Founder/Director, The Children's Centre · Founding President, Haltun-Peel Youth Symphony Orchestra · Director, Chamber of Commerce · Director, YM-YWCA · Director, Children's Aid Society · Director, The Board of Health YOUR REASONS FOR DESIRING THIS APPOINTMENT: I wish to make a strong positive contribution to the community to which I now belong. Perhaps the many years of community service, an intense interest in smart community development, emerging transportation issues and a fi:esh new look may be of benefit to the Niagara Transit Commission. New opportunities will emerge in the next couple of years and council will benefit by having someone on the committee that has a strong understanding of budget, revenue generation and management issues to maximize, integrate and strengthen the municipal transit operation for the benefit of all. OTHER COMMENTS RELATIVE TO THIS APPLICATION: I have had the opportunity over the years to see some remarkable transit systems over the years in places Ilke Portland, Denver, Atlanta, Paris, New Orleans, San Francisco and a several smaller communities. Friday, November 23, 2001 Please complete and submit to: RiO. Kaillo, Acting City Clerk City Hall, 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 The City of Niagara Falls I1~._ PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMII'~EES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: RES: BUS: OCCUPATION: EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Please complete and submit to: Signature of Applicant Date E.C. Wagg, City Clerk City Hall, 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521, Extension: 4271 The City of J~iJ~ Niagara Falls ~ UUZ APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMIVIIS$ION AND CO1VIM/TTEE FOR WHICN APPLICATION NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: RES: fi05 770~6 -75~ · JPfimary: Administrative, Co-or~ator, Re.on of Nia~ OCCO~AltON.]~econ~: ~opfietOr Ti~ F~ci~ & A~inis~ative [ EDUOATION AND OTHER QUALIFIOATJON~~~ ~N ASSET FOR THE ABOVE A~POINTMENT; ' --- -- Please see attached resume for details concerning my qualifications education. , ...... -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: ~,..___ ~,~, .., ~e t,o.e, nn.ance the tradition of providing the citizens xn~agara vmls wtm anorrmole, convenient, timely, safe and reliable public transportation. OTHER COMMENTS RELATIVE TO THE APPLICATION: Recreation Commission Member I have been a member of the Niagara Falls, Recreation Commission for Several years. During my tenure as a member and v/ce-chaff of the conumssion I have gained valuable knowledge and experience that will serve me well in my role on the Transit Commission. Catholic School Board Trustee As a school Board Trustee I was constantly called upon to competently discUss and make difficult decisions concerning: multi-milton dollar , .... operational and capital budgets; policy development; human ~] resources and ~- collective bargaining. I propose that this experience will allow me t° competently and effectively contribute to the management of the Niagara Falls Transit. ' Signature oflAppl{cant -- Please complete and submit to: R. O, Kallio, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falle, Ontario, L2E 6X5 Telephone (905) 356-7521, Ext: 4243 ~8~2~[7o~ee ~.n_~li~[_.~_nt~lo_~ H 2~.N~---~ _ ~-~Phone 905-356-4898 Fax 905-356-9828 E-mail Istrangesl @cogeco.ca Lou Stranges Education: Ontario Association of Non-Profit Homes and Services for Seniors (OANHSS) Administrator Certification Ryerson University; Toronto, Ontario (1999) Master of Business Administration Degree (MBA). Niagara University; Niagara Falls, New York (1999 present) Honours Bachelor of Commerce Degree McMaster University; Hamilton, Ontario (1983-1987) Major: Finance Minor: Accounting Secondary School Honour Graduation Diploma A.N. Myer High School; Niagara Falls, Ontario (1979-1983) Professional Experience: Administrative, Co-ordinator The Regional Municipality of Niagara- Community Services Department-Seniors Division, Sunset Haven I D.H. Rapejle Lodge Home for the Aged; Welland, Ontario (1987-present) Assist the Administrator with the overall management of a 227 and 120 bed Long Term Care facility and various Home committees and task forces; Supervise and co-ordinate the provision of Home clerical and administrative support by evaluating the effectiveness and efficiency of support processes, functions, facilities, equipment, technology and telecommunications in relation to "customer" needs and continuous quality improvement programs (CQI); Hire, train, discipline, motivate, evaluate and manage Administrative department staff; Responsible for the homes' intake processes in terms of determination of rates and other financial & administrative arrangements; Ensure all administrative processes, financial reports and disclosures comply with the applicable government standards, regulations, and organizational polices; Manage resident information, trust, accounts payable and receivable systems by monitoring and overseeing the Inputting of data into Compucare, a computerized database system; Interpret and apply three collective agreements (ONA #9, CUPE 1287, CUPE 1263); Prepare and/or oversee the preparation and distribution of various documents, reports and correspondence; Respond to inquiries and complaints from residents, families, the public, staff, government, business and community agencies; Organize and co-ordinata special events as needed; Represent the Home and/or the Administrator on various committees, taskforces and meetings; Co-ordinate, prepare, monitor, and analyze annual Home/departmental Budget(s); Responsible for the homes accounting processes in-conjunction with the Corporate services accounting staff; Research and write comprehensive management reports, policies and procedures; Liaise with regional department(s); government, business and community agencies and associations; Assistant to the Administrator Continued: Assist in the development of Home strategic plans including the development and Implementation of goals and objectives; Assess, recommend and implement applicable office automation; Per~orrn account receivables collection functions ss required; Alternate Member of the Occupational Health and Safety Committee; Continuously monitor the ever-chang ng legislative, technological and societal environment to anticipate and strategically plan to meet current and future client and staff needs by employing entrepreneurial business techniques. Proprietor Titan Financial & Administrative Services; Niagara Falls, Ontario (Part-time; 1994-present) Financial consulting: loans, mortgages, Investments and tax avoidance strstegles Consult on and prepare personal and business income tax returns. Specialize in Seniors Income Security Programs General Manager Carousel Carts, Niagara Falls, Ontario (Summer 1983-1987) Profitably operated a 5-sita novelty ice cream and beverage operation within the Niagara tourist sector. Languages Spoken: English, Italian & French. Computer Knowledge: Intermediate and advanced knowledge of: Microsoft Office Suite, Ms-Windows, Interest Explorer, GEAC budgeting and General edger system, Cantax and Profile Tax preparation and Financial Planning, Ross Payroll System, and several desktop publishing programs; Database management: development and maintenance - Microsoft Access, Compucars -information, trust, accounts payable, billing and accounts receivable system; Pmgremming: Cobol and Basic Languages; Avid user of Intarnet resources. Special Education and Interests: Orientation to the Manager's role in successful process improvement; Ceom. pre. h. en, sive training and utilization of" value added through employee aaersn,p ' (VITEL) process Improvement techniques; Labour relations training Including coaching counseling and constructive discipline; Working knowledge of telecommunication systems programming, configuration and maintenance; Advanced knowledge of the Income Tax and Employment Standards Act; Advanced knowledge of the Occupational Health and Safety Act Successfully manage several rental propert es (1990-prasent}; Secretary - Treasurer for O.A.N.H.S.S Region #2 (1991-1999); Life Long lasmer and health enthusiast. Recent Career achievements: Successfully coordinated the implementation of appropriate Computer networks within and between two work sites; Successfully, researched recommended and mp emented several telecommunlcat ons systems within and between two work sites; Successfully and creatively restructured the administrative departments within and between two work sites to ensure the effective and efficient utilization of human resources and the delivery of services; Successfully, facilitated several stakeholder forums associated with the re- development of Sunset Home for the Aged; Trustee, Welland County Roman Catholic Separate School Board (1994-1997); Inductee, the Niagara Falls Sports Wall of Fame {1999); Volunteer Experience: Member, the Niagara Falls Recreation Commission (1993-present); Member, The Canadian Italian Professional and Business Association(CIPBA) Vice-chairperson of the Regional Municipality of Niagara's United Way Campaign (1991-1993); Master of Ceremonies for the 1998 and 1999 televised Niagara Falls Volunteer Recognition event; Member of the Stamford Centre Volunteer Firefighters Association (1993-1999); References Supplied Upon Request PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: OCCUPATION: RON SUNS TRUM 8089 MARCON STREET N IAG~dlA FALLS L2H 3A9 (905) 374-4266 RES: (905) 374-5200 ext. 5276,~ BUS: CREDIT llA2qAG E R EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: - DIPLOMA BUSINESS ADMINISTRATION - 6 YEARS SERVED ON NIAGARA TP~SIT AS SECRETARY TREASURER - WORK EXPERIENCE (31 YEARS) INCLUDE MONITORING COSTS & BUDGETS YOUR REASONS FOR DESIRING THIS APPOINTMENT: i WOULD LIKE TO CONTINUE SERVING',.'THE PEOPLE OF NIAGARA FALLS IN OVERSEEING THE DAY-TO-DAY OPERATIONS OF NIAGARA TRANSITAS IN THE PAST 6 YEARS. I HAVE MADE SEVERAL KEY CONNECTIONS WITH VARIOUS BUS COMPANIES WHICH USE OUR SERVICES WHILE IN NIAGARA OTHER COMMENTS RELATIVE TO THE APPLICATION: ~I BELIEVE CONTINUITY IS ESSENTIAL WHEN DEALING WITH CLIENTS. I FEEL I HAVE REPRESENTED OUR CITY VERY WELL OVER THE PAST 6 YEARS AND HOPE TO CONTINUE DOING SO. Please complete and submit to: Date EC. Wagg, City Clerk City Hall, 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521, Extension: 4271 .The Oily Of Niagara Falls II1~_ PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: OCCUPATION: BUS: EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Please complete and submit to: R.O. Kalllo, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMII'TEE$ BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: RES: ~;~O-.~-J 7/- O~-~-~ OCCUPATION: ~;)O~~-- ~- ~// ~. ~ EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: YOUR REASONS FOR DESIRING THIS APPOINTMENT: ,/ o?.,,-,,,,'~ ,-,d/ ,.z'. ,-/ OTHER COMMENTS RELATIVE TO THE APPLICATION: '~ ~p-plica nt 13nt~ Please complete and submit to: R. O. Kallio, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 BOARD OF MUSEUMS The City of ~JlJ~ Niogoro Fo,s llJ PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMXi'i'EE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: OCCUPATION: ~~ EDUCATION AND OTHER QLIALIFICATIONS-WI'IICH YOU FEELWOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: -2- YOUR REASONS FOR DESIRING THIS APPOIN'I::MENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Please complete and submit to: E.C. Wagg, City Clerk City Hall, 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521, Extension: 4271 PROPERTY STANDARDS 11/21/200l 10:50 BO52951Z~9 PLEASE TYPE QR PRINT LEGIBL' APPiLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMIT'IT,,~.,S BOARD, COMMISSION AND CONfMITI~E I~OR WHICll AI~PLICATION I$ RILING [~I)E k.~l,~.G.,A~ r~'ALL~ ~. ~ NAME OF APPLICANT: ADDRESS: POS~'rAL CODE: TELEPHONE NUMBER: BUS:_ ~ ~,~-~ E~,cr.~D,e, ED~ATION AND OTHER QUALIFI~TION8 WHICH YOU FEEL WOULD BE ~ ~SET FOR ~E A~VE APPOINTMENT: - ~~._ I~~o~/P~ ~~ y~ ~~ ~~ (o,~,p,~.o.) ..... OTHER COMMENTS RELATIVE TO THE APPLICATION: Please complete and submit to: Signature of Applicant R. O. I(ellio, Acting City Clerk Clty Hill, 4510 Queen Street P. O. Box I02:l Niagara Fails, Ontario. L2E 6X$ Telephone (905) 356-752~, Ex't: 4243 PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: OCCUPATION: ANNA LEE 4423 KATHLEEN CRES. NIAGARA FALLS L2H 3H8 905-3541558 RES: BUS: 905-374-2337 part own~ at Custom Brew EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: A REAL ESTATE DIPLOMA AT NIAGARA COLLEGE? AS WELL AS MARKETING. OTHER COURSES INCLUDE COMMERCIAL CONCEPTS? KNOW YOUR ?RODUC~?NEW HOUSE SALES, POS, REAL PROPERTY LAW. I SAT ON THE PROPERTY STANDARDS COMMITTEE FOR NIAGARA FALLS REAL ESTA~E~;BQARD FOR 2 TERMS. PRESENTLY I SIT ON THE MARKETING COMMITTEE FOR THE CHAMBER OF COMMERCE, THE ENVIRONMENTAL PLANNING AND GREENING COMMITTEE FOR THE CITY OF NIAGARA FALLS AND THE COMMUNITY RESOURCES CENTRE MANAGEMENT COMMITTEE FOR THE CITY OF NIAGARA FALLS. -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: WANTING TO BECOME MORE INVOLVED IN THE COMMUNITY~' MY LOVE THIS WONDERFUL CITY~/~ND THE DESIRE TO SEE IT PROSPER AND GROW. FOR PROPERTY STANDARDS IS A VITAL LINK TO UNIFORMITY WITH IN CITY BOUNDRIES · MIS~MMITTEE DOES MAKE A DIFFERENCE. FINALLY LOCAL POLITICS HAVE ALWAYS ~M~9~M~'[~INTMREST. OTHER COMMENTS RELATIVE TO THE APPLICATION: SITTING ON VARIOUS COMMITTEES HAS GIVEN ME THE EXPERIENCE NEEDED TO SIT ON THIS COMMITTEE, WITH THE BACKGROUND IN REAL ESTATE I KNO~ iT .~' ' WOULD BE A PERFECT FIT. A SUGGESTION: PLEASE LET US DOWN LOAD THESE APPLICATION FROM THE CITIES WEB SITE SO WE DO NOT HAVE TO USE A PORTABLE TYPE~'WRTTER~! Signature of Applicant Please complete and submit to: R. O. Kallio, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 ' 'The City of · Niagara FallsI PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE / · ..... *r" ' , , ~, ~...~,--. , ..... · ,, , ,.:× ~ , NAME OF APPLICANT: ADDRESS: POSTAL CODE: ~/~),~' TELEPHONE NUMBER: RES: ~o,r-- BUS: OCCUPATION: /~ o~ ~,~J /~#~ EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Si~..~ture of Applicant Please complete and submit to: R. O. Kalllo, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 November 12, 2001 R.O. Kallio Acting City Clerk City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Kallio: Re: Application for appointment to the Property Standards Committee Please find attached my application for an appointment to the Property Standards Committee for the City of Niagara Falls. In response to your first question on the application, I have attached my Personal Resume, which I trust expresses both my educational and professional qualifications that are relevant to the selection to this committee. This particular committee is of interest to me not only as a result of my professional background, but being a life long resident of Niagara Falls I am concerned with the direction to the city is heading. With all of the growth ahead of us and the wonderful prosperity that is knocking at our door, I would like to have some form of personal impact on the direction of this growth and to ensure that high standards are maintained. If you have any questions or concerns, please feel free to call me at anytime. Yours truly, Conrad Jeffrey Eidt 110 -3568MontroseRoad Niagara Falls, Ontado L2E 6S4 905-354-4607 905-351-1262 PROFESSIONAL EXPERIENCE 1997 to present St. Andrew's Niagara Housing Development Corp. Position: Property Manager · Enhanced the quality of life of the residents and increased resident satisfaction by opening channels of communication and nurturing conciliation and mediation · Increased accountability through the construction of a detailed and readable accounting operating system and enhanced the reporting format to the Board of Directors by creating several other distinct sets of financial statements · Established the format and reporting process for the preparation and the monitoring of the annual budgets · Developed and implemented written procedures for the maintenance and preventative maintenance programs · Authored a Policy and Procedure Manual, Fire Safety and Security Manual and an Emergency Evacuation Manual and ensured implementation to establish proper procedures · Introduced innovative partnerships with the Regional Governments Senior's Day Program and the Victoria Order of Nurses · Established a relevant and effective governance model which allows for Quality Assurance and informative reporting to the Board and residents · Train and develop staff to ensure quality performance and consistent high standards 1991 to 1997 Sanderson Property Management Inc. Position: Property Manager · Restructure the management and accounting of nine Non Profit Housing Corporations · Established proper channels of communication and levels of authority and governance for Boards and residents 1987 to 1991 Position: 1978 to 1987 Position: Ensured all operations were according to governmental guidelines and relevant parties were informed of decisions and policies Ganawageh Urban Homes Property Manager · Developed a computerized accounting program and rebuilt the financial history of the Corporation · Brought all of the financial and operational aspects under a co-ordinated control mechanism and ensured proper governance and approval for aifaspects of the operation · Developed a Policy and Procedure manual and Maintenance Manual and ensured consistent application · Created levels of communication to ensure that residents and Board members were aware of relevant areas of concern Children's Aid of the Niagara Region Assistant Business Administrator · Supervised accounting staff · Responsible for month end procedures, monthly financial statements, monthly reports to each department, payroll, investments and reconciliation's · Assisted in the preparation of the annual budget · Supervised maintenance staff and ensured that all maintenance activities were duly completed to a high standard EDUCATION Bachelor of Commerce, St. Mary's University University of Waterloo, completed accounting major Certified General Accounting Program - completed 4th year A.M.C.T.O. - completed required courses AFFILIATIONS Niagara Falls Rotary Club - Board of Directors and Chairman of several major fund raising events Victoria Order of Nurses - Board of Directors and member of the Finance Committee N.S.C.C. #1 - Board of Directors and Treasurer Ontario Non Profit Housing Association - Finance Instructor .T.h,e City of Niagara Fails llllt PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WltICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: Sam LaRosa 5765 Depew Avenue Niagara Falls, Ontario L2G 5M2 RES: 905 356 1400 BUS: 905 356 1922 Contractor OCCUPATION: EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: I feel I can still be of service to this Committee because I have filled this position f~r approximately Two Years after the vacancy created by the death of Michael Aceti. I have been in the Construction busihess for over Forty Years and I feel my experience in this {~etd would be an asset to this Committee. -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Please complete and submit to: Signature of Applicant Date E.C. Wagg, City Clerk City Hall, 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario F2E 6X5 Telephone: (905) 356-7521, Extension: 4271 · The City of Niagara Falls lie PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: OCCUPATION: EDUCATION AND FOR THE ABOVE APPOINTMENT: OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Please complete and submit to: R. O. Kallio, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 The City of ~. Niclgc~rc~ F(311s ~1~_ APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE: RECREATION COMMISSION NAME OF APPLICANT: ADDRESS: POSTAL CODE: PAUL CAt~IGOTTO 7666 Mount Carmel Blvd. NiaKara Falls, Ont. L2H 2Y3 TELEPHONE NUMBER: BUSINESS: OCCUPATION: RESIDENCE: (905) 354-7689 {905~ 374-5200 x 5560 Pavro]] Mana~mr Acres International Ltd. Niagara Falls EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: Please see attached YOUR REASONS FOR DESIRING THIS APPOINTMENT: We must ensure that the recreation of the citizens of Niagara Falls remains a priority.~ With cutbacks at all ~overnment levels~ volunteers will n~ed strong Recreation Commission support more than ever. The next few years in Niagara Falls will see many exciting changes. I request the opportunity to help make these changes to better our recreational community. OTHER COMMENTS RELATIVE TO THE APPLICATION: In over 30 years of volunteer work, I have gained valuable evperience. This translates to strong leadership, communication and organ4zmtional skills. I would like to continue to share this expertise with the Recreation Coa~nissJon. Thank you Please complete and submit to: Sig~Applicant Nov. 7, 2001 Date E.C. Wagg, City Clerk City Hall, 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521, Extension: '4271 Paul Campigotto Born and raised in Niagara Falls Graduated University of Western Ontario B.A. Economics 1975 Payroll Manager Acres International Ltd. since 1979 Served 23 years as executive member of Greater Niagara Baseball Association Awarded GNBA Life Membership in 1991 Awarded the "Canada 125" medal in 1992 for community service Received the George McPha~l award in 1999 for outstanding volunteer service in the city of Niagara Fails Serves as chair of the St. Paul High School Council In1998 1 was first appointed by council to the Recreation Commission. In 2000 and 2001 I was elected chair. To serve the Commission in this capacity has been both an honour and a privilege. I will not run for the position of chair in 2002. There are many good Commission members who deserve a chance to fulfill their ambitions as I did a few years back. I do, however, wish to continue as a member of The Recreation Commission. I hope my experience will be of benefit. During the four years, I have been very active on the Recreation Commission. It has been a great honour to host and emcee the past 2 volunteer recognition evenings. As chair, I have been able to host many new neighbourhood park official openings and Recreation Department seminars. I have helped at four Canada Day Celebrations and look forward to my fourth Santa Claus Parade. I was a member of the Millennium Committee and currently serve on the Wall Of Fame Board. It is my hope that the Recreation Commission can continue to provide our citizens with programs and facilities that are second to none. I feel that the Recreation Commission can and should take a more active role in decisions affecting recreation in our city. 11/24/2081 1G: 25 985-358-8446 JACKSON PAGE The City o! Niagara Falls Canada 02 APPUCATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE: I~.CRF..ATION COMMI~ION NAMF._O F APPLICANT: . ADDRESS: (~'/70 ~-z_ C~-,~. POSTAL CODE: TELEPHONE NUMBER: RESIDENCE: BUSINESS'. OCCUPATION: EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: ~/24/20~1~ ~6:25 905-358-844~ 5AC~SON PAGE 83 -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: Please complete and eubmlt to: R. O, Kellio, Acting City Clerk City Hell, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 Niagara Falls ~1~._ APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE: RECREATION COMMISSION NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONENUMBER: BUSINESS: OCCUPATION: RESIDENCE: EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: \ ~,c~-.,< ~w-,~.~ o__.~___~,.~.~ e~ ~ ~~ .~ ~ OTHER COMMENTS RESTIVE TO THE APPLICATION: Please complete and submit to: R. O. Kallio, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 Niagara Falls JJ~j~ PLEASE TYPE OR PRINT LEGIBLY APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMII~EES BOARD, COMMISSION AND COM1VII'I-IEE FOR WHICH APPLICATION IS BEING MADE NAME OF APPLICANT: ADDRESS: POSTAL CODE: TELEPHONE NUMBER: OCCUPATION: .z. o ,-='- /u~o /,/o EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Please complete and submit to: E.C. Wagg, City Clerk City Hall, 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521, Extension: 4271 ;l'he City of ~11~ Niagara Falls I - APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE: RECREATION COMMISSION NAME OF APPLICANT: '~O ~ ADDRESS: POSTAL CODE: L- ~ (T j-- ~ P 2- TELEPHONE NUMBER: RESIDENCE: BUSINESS: ~O~- ~ ~-7 OCCUpatiON: ~;~ ~ ~ EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: - ', ~x. ~(~1~c~ ~, (~ · Please complete and submit to: Signature,of Applicant ' R. O. Kallio, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X$ Telephone (905) 356-7521, Ext: 4243 APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES BOARD, COMMISSION AND COMMITTEE FOR WHICH APPLICATION IS BEING MADE: RECREATION COMMISSION N~v~E OF APPLICANT: ADDRESS: POSTAL CODE: ~ H TELEPHONE NUMBER: BUSINESS: OCCUPATION: RESIDENCE: · Ak k6 0 I~T. EDUCATION AND OTHER QUALIFICATIONS WHICH YOU FEEL WOULD BE AN ASSET FOR THE ABOVE APPOINTMENT: -2- YOUR REASONS FOR DESIRING THIS APPOINTMENT: OTHER COMMENTS RELATIVE TO THE APPLICATION: Signature of AppliCant Please complete and submit to: R.O. Kallio, Acting City Clerk City Hall, 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Telephone (905) 356-7521, Ext: 4243 Report of Body Rub Parlour Committee Re: Marijana Kovinic IN THE MATTER of a Heating pursuant to the lbiuntct£alAc! and By-law Nos. 1999-184 and 2001-91 AND IN THE MATTER OF a Hearing regarding Marijana Kovinic Stage 1 Eligibility requirements in her application for a Body-P~b Parlour Owner's Licence INDBX 2. 3. 4. Sur~m,~,'y of Bvid~ce ........................................................................... Pase St~mmAry of Arguments presanted by the parties .................................... Page F~nri;nEs of Fact ..................................................................................... Pase Recomrnelldations of the Committee with reasoils therel~or ..................... Page Page 1 of 4 1. SLrMMAKY OF EVIDENCE Application for Body-Rub Parlour Owner's Liceme ofMarijana Kovinic dated January 5, 2001; Copy of l~cter from Niagara Regional Police Service, dated March l, 2001; Copy ofl~ter from the City Clerk, dated April 18, 2001; Copy of lease betwee~ Jihad Ma[ak and Mafij~ua Kovinic, dated July 14, Copy of arnended leaze between Fthad Malak and Marijana Kovinic, dated July 14, 2000; Copy of letter from Crraydon Sheppard, representing Zika Kovinic, to Malcolm C'rah~m. rcpresenting Jihad Malak; Copy of Agreement of Purchase and Sale between purch~er Zika Kovinic, in tn~st, and vendor, Fthad Mils~. dated June 30, 2001; Statements of Mr. Ray Kaliio, solic/tor for the City of Niagara_ Falls; Statements of Mr. Luigi DeLisio, solidtor for Mmrijsna Kovinic; Testimony of Ms. Marijaua Kovinic. Page 2 of 4 SUMMARY OF ARGUlV~NTS PRESEN't'~D BY THE PARTIES Mr, Kallio for thc City of'Niagara Falis a. Mr. Kallio, as solicitor for thc City ofBFmgara Fal/s, claims that the Stage 1 application of Ms. Kovinic cs~not proceed because the lease which she submitted as part of her application for a Body-Rub Parlous Owner's Licence, dated Janua~/ $, 2001, was not in compliance with Section I1 (1) b el'By-Law 99-164. This section requires sumbission of a copy of the Icesc or any other document creating or affec~ the legal relationship betwecn the applicant and the registered owner of the property. b. Thc copy of the lease submitted by Iris. Kovinic on lanuary $, 2001, had expired on lanuary 4, 2001. c. Subsequently, Ms. Kovinlc ~ubmit~od the same lease as above, with the t¢lm changed, and to run from Fshma~y 1, 2001 to May 31, 2001. d. Mr. Kallio, on behalf of the City of Niagara Falls, claims that neither the expired lease nor thc amended [easc fult~l! the requirements of the By-Law. The first by virtue of beln~ expired was void and therefore unacceptable. The second was unacceptable because tho term of the leasc was for only 4 monihs, while the term of the license was for I year, The applicant did not demonstrate that she kad valid title to the property for the licencing period. c. Furthermore, there is nothing in law or in fact to indicatc that M_s. Kovinic had ally interest in the land except for the periods descn'oed in the lease, which did not corrcspood to the term of the license, f. According to Section 11 (1) (b) of the By-Law, there is no legal ril~ht to usc thc property because the term had expired. g. The termslofthe lease were also in doubt because Ms, Kovinic claimed in her testimony to have paid the landlord $1,350.00 monthly, and not the $~2,000.00 ' monthly prescribed in the lease document. Page 3 of 4 H Mr. DeLislo for Marijam Kovi~ic a. Mr. DeLisio argued that Ms. Kovinic's te~ncy contiuued on a month-to-month basis aider the term oftha lease had expired, and that this was s~t~cient to comply with Section 11 (1) (b) of the By-Law. FINDINOS OF FACT a. No evidence was submitted to the Commli'te~ to prove that Ms. Kovinic had title to the property. RECOMMENDATIONS OF COMMITTF~ WITH REASONS THR. RI~OR: a. The Committee finds that Ms. Kovinic did not comply with $f~ction 11 (1) (b) of the By-Law because sho did not prove that she had legal title to the property for the duration of the term of the lkense. b, The Committee recommends that Council direct the Clerk not to proceed with processin~ the application unless and ~ntil: i, Ms. Kovinic provides doct~m, entation on or before 4:30 p.m. on the et~eaflt-day ofigetob~r, 2001, that she is either the owner or tenant of the property, failint~ which the application will not be processed.,. ii. Suoh documentation must comply with Section 11 (1) (b) of thc By.Law' -and must be acceptable to the Clerk of the City of Niagara Falls. Page 4 of 4 Aldcrmm Art Federow Alderman Ga~ Hendershot Alderman ~arolynn loamloni Aldermma Selina Volpatfi (Chair) The City of Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagara falls.on.ca R.O. Kallio City Solicitor L-2001-70 December 3,2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-70, Establish Part 3 on 59R-11368 as a Public Highway to be known as Garner Road Our File No.: 2001-248 RECOMMENDATION: That thc road widening, described as Part 3 on Reference Plan No. 59R-11368, be established as a public highway to form part of Garner Road. BACKGROUND: As a condition of Committee of Adjustment approval, Frank Matthew Liefl and Elizabeth Catherine Liefl were required to convey a road widening to the City. The subject land is located on the west side of Garner Road and shown hatched on the plan attached. Staffis now recommending that the subject land be established as a public highway to form part of Garner Road. Prepared by: S.M. Daniels, A.M.C.T. Legal AssistanffProperty Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. Rec~...~ by: R O Kallio, City Solicitor. Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer. Working Together to Serve Our Communi~ Clerk's Finance · Human Resources Information Systems Legal Planning & Development E AMFORD S PIN 64264-0063(LT) PIN 64264-0064(LT) TOWNSHIP PIN 64264-0029 LOT PART 2 -- PiN 64264-0066(LT) INST, No. 2,5114B (FIRSTLY) PART 2 I 59R-6166 151 PART 2 -O E NOTES ALL FO(JND UONuM£NTA~;ON SHOWN ON ~4atthews, Comeron. Heywood. Kerry IMPERIAL NOT[: BEARING NOTE LEGEND Peri of Sfamford Tm CITY OF NIAGARA FALl REGIONAL MUNICIPALITY D ~RV[YOR'S C[RTWI~AT[ Niagara Falls Corporate Services Department Human Resources 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.dty.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-5110 E-maih travenda@city.niagarafalls.on.ca Tony Ravenda Executive Director HR 2001-06 December 3, 2001 COMMITTEE-OF-THE-WHOLE His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls MeTnbers: HR 2001 - 06; City Clerk RECOMMENDATION: That Council pass the appropriate by-law appointing Mr. Dean Iorfida to the position of City Clerk at the start rate for the position effective December 17, 2001. BACKGROUND: On December 31, 2001, Woody Wagg officially retires as the Corporation's City Clerk. After an extensive competition, Mr. Dean Iorfida, who is presently the Executive Assistant to the Mayor has been offered the job, subject to Council's approval. The: appointment of Mr. Iorfida will be conditional upon the following: 1. One year probationary period. Preg..ared & Recommended by, T. Ravenda Executive Director of Corporate Services Clerk's 2~. Enrollment/completion of AMCT designation. E~. p..ect fqlly~b~gd,~ C~i;f Adr~inistrative Officer) Working Together to Serve Our Community Finance · Human Resources Information Systems Legal Planning & Development