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2002/02/04REGULAR COUNCIL MEETING Monday, February 4, 2002 Order of Business and Agenda Package REGULAR MEETING February 4, 2002 PRAYER: Alderman Victor Pietrangelo ADOPTION OF MINUTES: Regular Meeting of January 28, 2002. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a bdef explanation thereof will be made for the current Council Meeting at this time. MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS PRESENTA~ONS Nia,qara Falls Professional Fire Fiqhters Association The Niagara Falls ProfessionaI Firefighters Association, as a result of their chadtable fund-raising campaign, will make presentations to the Niagara Peninsula Children's Centre, Tender Wishes and Heart Niagara; a presentation will also be made to Mr. Zappitelli and the staff at the Sheraton Fallsview for their continued support of the fund-raising campaign. DEPUTA~ONS World Youth Day 2002 Ms. Franca Lanigan, Diocesan Youth Ministry Coordinator and Ms. Debra McCaffery, Associate World Youth Day Coordinator, will address Council on the World Youth Day 2002 and provide an outline of the activities. -2- REPORTS RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chair) COMMUNITY SERVICES MA TTERS 1. Chief Administrative Officer 2. Chief Administrative Officer MW-2002-19, Site Servicing Agreement between the City of Niagara Falls and Consulate Ventures Inc., Oakwood Ddve Servicing and Road Improvements. F-2002-01, Hazardous Materials. PLANNING MA TTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer - Public Meeting. PD-2002-15, Orchard Grove West Draft Plan of Subdivision;File:26T- I 1-2001-03; Owner'. 5277866 Ontado Limited; (Agreement of Purchase and Sale) PD-2002-16, Application for Site Plan Approval; SPC-28/2001, Ritz Motel Limited; Proposed Embassy Suites Hotel. PD-2002-11, Request for Approval of Consulting Services for the Sign By-law Review Study. MISCELLANEOUS MA TTERS Chief Administrative Officer Chief Administrative Officer CD-2002-03, Special Occasion Permits. CD-2002-05, Minutes of Council Meeting of August 11, 1997. -3- BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2002-32 To authorize the acceptance of an Offer of 527786 Ontado Limited O/A Metro Development to purchase part of Lots 135 and 138 in the former Township of Stamford, now in the City of Niagara Falls in the Regional Municipality of Niagara for $400,000.00. 2002-33 To authorize monies for General Purposes (February 4, 2002). 2002-34 To adopt, ratify and confirm the actions of City Council at its meeting held on the 4th day of February, 2002. NEW BUSINESS O NIAGARA FALLS PROFESSIONAL FIRE FIGHTERs ASSOCIATION 6493 ©RCHARD AYENUE PRESIDENT Wayne Willett SECRETARY-TREASURER Jim Hunter Mayor Wayne Thomson and City Council January 28, 2002 Mayor Thomson, The Public Relations Committee for the Niagara Falls Professional Fire Fighters Association would like to request to meet with you and council at your next meeting February 4, 2002. We are requesting this meeting as we are presenting two cheques for $3000.00 each. The Niagara Children Centre and Heart Niagara will be the recipients. We would also like to present Mr. Albert Zappitelli and the staff at Sheraton Fallsview with a fire fighter plaque for their continued support. We would not have been able to raise this amount of money for charity without the Sheraton Fallsview. Please contact Jeff Thususka at (905)680-8389 with your decision. Thank you for your consideration. Yours truly, Pat White Public Relations Committee MAKE EVERY WEEK FIRE PREVENTION WEEK PLEASE ADDRESS ALL CORRESPONDENCE TO THE SECRETARY YOUTH MINISTRY OFFICE The Diocese of St. Catharines RO, Box 875 St. Catharines, ON L2R 6Z4 905-684-0154 ext, 30 FAX: 905-684-2185 E-mail: youth@vaxxine.com Mr. Dean Iarfrida City Clerk City of Niagara Falls 4310 Queen St. Niagara Falls, ON L2E 6X5 January 21, 2002 Dear Mr. Iarfrida, The 17th World Youth Day (WYD) that is being celebrated in Toronto, Canada this July will impact all municipalities within the St. Cathadnes Diocese on a number of levels. Our first local event will be the Pilgrimage of the WYD Cross which was given to the Canadian delegation by the Holy Father. This Cross will be welcomed in the Niagara Region on Wednesday, February 13 and will travel throughout our diocese for five days. Prior to the events in Toronto; we will join dioceses across Canada in welcoming young pilgrims from around the world. Locally we expect to host approximately 6,000 young people from July 18-22. This will be a wonderful oppommity to showcase the hospitality of our Canadian culture. We also expect that as many as 500,000 will choose to visit Niagara either before or after the WYD events in Toronto (July 23-28). In discussion with Mayor Thomson, it was suggested that a presentation to council would be an expedient way of bringing everyone concerned up to date with local developments. We are pleased to formally request the opportunity to address council at the February 4th meeting. Our presentation includes a short video that will help capture the essence of WYD as well as hand-outs that will outline local activities. I will be accompanied by Debra McCaffery, our Associate World Youth Day Coordinator. Please feel free to call with any questions. I can be reached 905-864-0154 Ext. 30. Sincerely, Franca Lanigan Diocesan Youth Ministry Coordinator copy: Mayor Wayne Thomson Visit our web site: www. romancatholic.niagara.on.ca/youth.htm N,aga~a Falls Can~W Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on,ca Tel.: (905) 356-7521 Fax: (905) 357-2354 E-mail: m u nwks~city.niagarafalls.on.ca MW-2002-19 Ed Dujlovic, P. Eng. Director February 4, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: re: MW-2002-19 - Site Servicing Agreement between the City of Niagara Falls and Consulate Ventures Inc. Oakwood Drive Servicing and Road Improvements RECOMMENDATION: It is recommended that the City enter into an agreement with Consulate Ventures Inc. concerning the off-site servicing and future road improvements required on Oakwood Drive, south of McLeod Road. BACKGROUND: The Niagara Falls Committee of Adjustment, at its meeting of January 22, 2002, considered and approved an application (File No. B2/2002/NF to B4/2002/NF inclusive) from Consulate Ventures Inc. to sever its lands situated on the south side of McLeod Road and west of Oakwood Drive into five (5) major parcels (see attachment "A"). The approval was granted subject to seven (7) conditions, one of which is the focus of this report. Condition #3 requires the applicant to enter into a Development Agreement with the City to address the terms and conditions of some off-site servicing and road improvements required for the project. The site servicing involves the construction of new storm and sanitary sewers, streetlighting and sidewalks along the west side of Oakwood Drive. As future development occurs, improvements to the traffic signals and access controls will also be required. These works will be undertaken at the developer's expense and are currently estimated to cost $250,000. The owners have expressed their interest in proceeding with construction early this spring and require the timely execution of this Development Agreement to complete this severance application. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Businese Development · Building & By-Law Services February 4, 2002 - 2 - MW-2002-19 Upon registration of the agreement, Municipal Works staff will clear this Condition of Approval. The draft agreement(s) and corresponding by-law(s) will be provided at a future meeting for Council's consideration. Prepared by: Geoff Holman Manager of Development Respectfully submitted by: Chief Administrative Officer Ed Dujlovic, P. Eng. Director of Municipal Works GH:kk Attachment i I ONTARIO HYDRO LANDS - The City of Niagara Falls Fire Services 5809 Morrison Street Niagara Fails, ON L2E 2E8 web site: www.city.niagarafalls.on.ca Tel: (905) 356-1321 Fax: (905) 356-6236 E-mail: bruddell@city.niagarafalls,on.ca FS-2002-01 Colin Ruddell Acting Fire Chief February 4, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2002-01 Hazardous Materials Report RECOMMENDATION: For the information of Council. BACKGROUND: The events of September 11, 2001 have tested emergency response capabilities of many countries and have acted as a wake up call for addressing levels of service in Canada. In the Niagara Region, Niagara Falls stepped forwards as one of two municipalities to provide biological hazardous materials response for the entire Niagara Region, as many communities were much less prepared to address "white powder" calls. Most of these calls were located in the Niagara Falls and St. Catharines area. This Regional biological response arrangement continues today as an interim measure, until a permanent Regional hazardous materials response protocol is instituted. The Provincial Government has provided direction for emergency preparedness at Regional and Municipal levels. A Regional working group, consisting of fire, police, paramedic, health, hospital and emergency measures personnel, has been meeting on a regular basis to create a protocol for coordinated response capabilities within the Region to all types 6f hazardous materials calls. A Niagara Falls delegate sits on the four-person committee representing Regional fire departments for this purpose. The working ~TOUp has identified that the Niagara Region needs training and equipment in order to be capable of addressing hazardous materials response needs. There are standards that must be met in order to ensure adequate levels of competence for emergency responders. Enhancing training is initially costly to undertake and requires annual maintenance to be qualified to recognized standards. Enhanced equipment is also costly, requires frequent maintenance and in some cases has a shelf life. The current hazardous materials response in the Niagara Region varies by Municipality and includes a combination of internal and external capabilities to mitigate emergencies. Niagara Falls operates Smoke Alarms Save Lives - Check Your Smoke .41arm Working Together to Serve Our Community at a higher level but is restricted from performing certain activities and relies upon an outside contractor for these aspects of response. Although contractors have been helpful in these situations, they cannot achieve critical response times similar to local fire departments. Actions taken within the first few minutes are vital to properly assessing and determining courses of action at emergencies. The intention of a Regional haz-mat response is to provide a higher level of training to all fire departments so they can attain a minimum level of response within critical time frames. If a Municipality requires resources that exceed their own capabilities, they can call on mutual aid from neighbouring Municipalities, as they have done in the past. The difference is that they would be calling for assistance from those who are trained to a higher level for hazardous materials responses. Each Municipality has the option of determining the number of trained personnel in their own community. It is anticipated that larger communities with larger risk will wish to exceed the minimum number required to be trained. A draft business plan has been prepared to address Regional hazardous materials response protocol. All partners from the working group are included to assist in their area of jurisdiction and expertise. Fire has historically been the lead agency on hazardous materials calls and continues to be a lead agency in the proposed plan. The Region has approved funding of training courses for fire personnel and for equipment that can be centrally located and called upon when required by any Municipality. They have not approved costs of wages for fire personnel to attend initial and subsequent yearly maintenance training. The Region proposes that each Municipality be responsible for wage costs for training. A meeting was recently held by Regional fire chiefs to explain the proposal to area mayors. The response was supportive and on January 30~h the Region's Corporate Finance Committee supported the commitment of approximately $500,000 towards the equipment and training course costs (not wages). Once the Region's Budget Committee approves the funding, the next phase will include development of detailed response protocol. Consultation from all involved parties will take place and a subsequent report submitted to Council for approval to proceed. At this time, it is anticipated that the maximum wage costs for training personnel in Niagara Falls will be approximately $70,000 but this figure will be revised as final details of training requirements are determined. Prepar by: · Assistant Chief Foved by: E. P. Lustig Director, Fire Services by: Acting Fire Chief  ,lysubmi!t~d: , / nistrative Officer LS:rs The City of Niagara Falls Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 355-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca February4,2002 Doug Darbyson Director PD-2002-15 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Palls, Ontario Members: Re: PD-2002-15, Public Meeting Orchard Grove West Draft Plan of Subdivision File: 26T-11-2001-03 Owner: 527786 Ontario Limited (Agreement of Purchase and Sale) RECOMMENDATION: It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Orchard Grove West Draft Plan of Subdivision. BACKGROUND: The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning & Development will consider all comments received from the public, Region, agencies and City departments and prepare a recommendation report to Council at a future meeting. There is to be no decision made at the meeting held tonight. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. PROPOSAL: The applicant proposes to subdivide a 9.233 hectare (22.81 acre) site into 97 single-detached lots, a block for future residential use (mix of singles and townhouses) and a block for commercial use. The property is on the west side of Kalar Road, north of Lundy's Lane and south of the CNR tracks (see location map). The proposed road pattern connects with Kalar Road in 2 locations and also includes a cul-de-sac. The northerly street utilizes an unopened municipal road allowance. The City's Official Plan designates the majority of the property Residential which permits a variety of housing types. The proposed commercial block is designated Tourist Commemial in the Official Plan. The land is currently zoned TC (Tourist Commercial) through Zoning By-law 79-200. The applicant has requested a zoning change to a modified R1E (Residential Single Family) category for IVorking Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development February 4, 2002 - 2 - PD-2002-15 the single-detached lots and to DH (Development Holding) for the future mixed residential portion of the plan. The existing TC zoning is to remain for the commemial block. The related zoning by- law amendment (File AM-34/2001) will be subject to a Public Meeting at a later date. CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Prepared by: Richard Wilson Planner 2 Respectfully submitted: ,/ [ /JohnMac[~/ ChiefAd~Oir~.saltrdative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S:WDR~2002~PD2002-15 .wpd Proposed Plan of Subdivision Orchard Grove West 26T-11-2001-05 Location Ma Subject Land I:NTS The City of Niagara Falls !l~ll~/~ 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 February 4, 2002 Doug Darbyson Director PD-2002-16 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002o16, Application for Site Plan Amendment SPC-28/2001, 6740 Fallsview Drive Proposed Embassy Suites Hotel RECOMMENDATION: It is recommended that Council endorse the proposed changes to the approved site plan for the proposed Embassy Suites Hotel at 6740 Fallsview Boulevard, subject to the recommendations of the Architectural Peer Review report and addressing the zoning matters in this report. PROPOSAL: Ritz Motel Limited is requesting an amendment to the site plan agreement for the Embassy Suites Hotel at 6740 Fallsview Drive. The amendment is requested to change the external design and cladding of the hotel. Due to the significance in the changes to the hotel design, Council endorsement is being sought. BACKGROUND: Ritz Motel Limited originally submitted a Site Plan application in 2000 in conjunction with a Zoning By-law amendment application (AM-11/2000) for a hotel at 6740 Oakes Drive. A Zoning By-law amendment was passed (By-law 2000-103) which was subsequently appealed to the Ontario Municipal Board by the Niagara Parks Commission and Helias Enterprises Limited. The Niagara Parks Commission later withdrew its appeal based on revisions to the design of the proposed hotel, including a reduction in height to 30 stories, a reduction in building mass, and increased setbacks to the nearby Maniott Hotel and Minolta Tower. The Ontario Municipal Board subsequently dismissed the appeal by Helias and the zoning by-law came into fome. Council approved the site plan drawings and elevations, based on the OMB approval (see Schedule 2 for approved elevation drawings). Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development February 4, 2002 - 2 - PD-2002-16 In October 2001, a Site Plan Amendment application was submitted showing significant changes to the external design and cladding of the proposed hotel. The hotel tower had a more modem design, without the previous architectural treatments and roof feature which did not meet the intent of the Official Plan or the settlement reached at the OMB. A Series of meetings and revisions to plans occurred resulting in resubmission of the site plan drawings (see Schedule 3) on January 25, 2002. PLANNING REVIEW: The plans and drawings were reviewed by the Architectural Peer Review Panel and City staff. Architectural Peer Review Attached is a report from the Architectural Peer Review (APR) Panel dated January 30, 2002. The panel concluded "that the revised design dated January 25, 2002 is generally demonstrative of the excellence in urban design which TADS is intended to achieve". The Panel recommended acceptance of the design subject to four recommendations summarized as: That the horizontal projections shown on the surface articulation of the mid-tower section (4t~ to 15th floor) of the east and south elevations also apply to the north, north-west and west elevations; That the metal cornices shown at the 16~ and 29th floor levels be shown as having a horizontal projection beyond the building face of 1.5 metres at the 16t~ floor level and 1.2 metres at the 29th floor level, and brackets below the 16th floor level cornice be shown (similar to those below the 29~ floor level cornice); Design of the cornices incorporate the recommendations of the microclimate report done as part of the zoning amendment with respect to snow and ice accumulation; and Actual samples of the proposed metal and glass cladding be submitted ~ for tnfor.atton. Staff Review City staff accepts the report of the Peer Review Panel. It is noted in that report (pages 4, 5) that certain building setbacks and measurements shown on the drawings do not reflect the requirements of the zoning by-law. Staffhas noted that these differences range between 35 to 42 centimetres and are minor, affecting only 2 aspects of the design. In discussions with the architect, staff has confirmed that revisions will be made to the drawings to reflect the by-law requirements. Since these zoning matters will be addressed and the APR Panel is satisfied the objectives are then being met, staffsupports the revision to the site plan. Other Issues The Niagara Parks Commission previously raised concerns with changes to the design of the hotel from the Council approved version. At the time of the preparation of this report, comments had not been received from the Commission on the latest revisions. Any comments received from the Commission will be provided directly to Council. February 4, 2002 - 3 - PD-2002-16 CONCLUSION: The technical matters discussed can be dealt with as minor changes to the drawings and/or as notations. It is recommended that the revised design for the proposed Embassy Suites Hotel be endorsed subject to the recommended technical changes as discussed above. Prepared by: Planner 2 Recommended by: Doug Darb'yson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services AB/AH:am Attach. FILE: S:~PDRk2.002kPD2002-16,wpd GARWOOD-JONES & HANHAM ~ ~ Planning Architects 185 Young Street · Hamilton Ontario Canada L8N 1V9 · Tel (905) 540-8889 · Fax (905) 523-7600 January30, 2002 The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street, P.O. Box 1023 NIAGARA FALLS, Ontario L2E 6X5 ATTENTION: Mr. Doug Darbyson, Director Fax: 1-905-356-2354 SUBJECT: Embassy Suites Hotel 6740 Fallsview Boulevard Dear Sir: Further to our report to you of January 7, 2002; we are submitting our findings and recommendations regarding revised Drawings related to the above-noted proposed project which were submitted directly to our office by B+H Architects on January 25, 2002. Similar to our previous report, we have assessed whether the design illustrated in these Drawings is the "same building" as was approved in the Ontario Municipal Board (O.M.B.) decision regarding the re-zoning application for this property. By "same building", we are referring to height, massing, form and setbacks. We have also assessed whether the revised cladding is in accordance with the TADS guidelines, the intent of OPA 26, and the points of the OMB decision. BACKGROUND Garwood-Jones & Hanham Amhitects (GJH) are appointed by the Niagara Parks Commission (NPC) to serve on the City of Niagara Falls (City) Amhitectural Peer Review Panel (APRP) which includes James H.V. Douglas (Landscape Architect for the City) and the Kirkland Partnership Inc. (Kirkland) which chairs the Panel. Documents provided to GJH by the City for its use on while serving on the APRP include: · Tourist Area Development (TADS) Application Guide dated June 1999. · Niagara Falls Tourist Area Development Strategy (TADS) dated June 1998. · Amendment No. 26 to the City of Niagara Falls Official Plan (OPA 26). In January 2000, the APRP was requested to review an application by the Ritz Motel Ltd. for a proposed 30-Storey Hotel at the southeast corner of Oakes Drive and Portage Road. Review meetings were held with the applicant and its amhitect. The APRP's Report was submitted to the City on May 19, 2000 and recommended against acceptance of the application. On July 14, 2000; a meeting was held at the NPC offices including representation from the NPC, City, APRP, applicant and applicant's amhitect. GJH meeting notes indicate that 9 issues of non- compliance were identified and the applicant indicated their willingness to work on correction of these items. Trevor P. Garwood-Jones A Partnership Ross Hanham Dipl. Arch., RIBA, MRAIC, OAA of Corporations B.L.A., (Hon,), Dipl. Arch., OAA, NCARB garvvoodjones@gjharch.on.ca hanham@gjharch.on.ca GARWOOD- JONES & HANHAM Architects The City of Niagara Falls Canada Mr. Doug Darbyson January 30, 2002 Page 2 Subsequent to this meeting, GJH received a copy of a July 20, 2000 facsimile transmission from B+H to Kirkland on July 20, 2000 enclosing 2 hand sketches of design revisions in response to the issues of non-compliance. Subsequently, Kirkland prepared and issued a "Supplemental to the Amhitectural Peer Review Report" dated August 14, 2000, On August 25, 2000; GJH received a copy of letter from the NPC to the City advising its willingness to withdraw its appeal to the O.M.B. The letter infers that the NPC's decision included its consideration of the latest plans submitted by the proponents of the Ritz Motel and identified four conditions of this offer including incorporation of amendments contained within the APRP Report. Nothing further was heard regarding this application until September 12, 2001 at which time GJH was requested by the City of Niagara Falls to attend a meeting at City Hall involving the City, NPC, APRP, applicant and applicant's amhitect. The primary point of the meeting, as advised by the City, was the apparent significant revision of the building's exterior appearance since the original application evident in recently received drawings for site plan approval. The project was now named "The Embassy Suites". The revised design, as illustrated on Drawings dated November 26, 2001 was submitted for peer review. The APRP's Report dated January 7, 2002 indicated several areas of non-compliance with O.M.B. Decision/Order No. 1604 issued November 1, 2000 including By-law 2000-103, TADS guidelines and OPA 26 including: 1. The tower height exceeded 28 storeys and 80.5 m, 2. A roof feature was not provided and the proposed 29th and 30~h storeys were not contained within a roof feature. 3. The exterior cladding did not provide surface articulation or a choice of materials sufficient to distinguish the building and break up the apparent size of the large structure. The articulation and choice of materials were not considered appropriate to the high quality of development being sought under TADS. Subsequent to issuance of this Report, a working meeting was held involving representatives of the applicant's architect (B+H Architects) and the APRP (Michael Kirkland and Ross Hanham) at B+H offices on January 14, 2002. Several rudimentary design options for establishing a roof feature and for improving the quality of the exterior cladding were discussed. Following this meeting, the applicant's architect completed revision of their design concept and submitted it for APRP review on January 25, 2002 It is 25, 2002; which is the subject of this review: Coloured exterior perspective view · Coloured exterior elevations (2 unspecified views) · A0-0, Architectural Drawing List · A1-1, Site Plan · A2-P3, Underground Service Level · A2-1, Ground Floor Plan · A2-6, 5th Floor Plan · A2-9, Typical Floor Plan 16th- Penthouse 2 · A3-1, Cross Section · A4-1, East Elevation · A4-2, North Elevation · A4-3, North-West Elevation · A4-4, West Elevation · A4-5, South Elevation this revised design, as illustrated in the following Drawings by B+H Architects dated January GARWOOD - JONES & HANHAM Architects The City of Niagara Falls Canada Mr. Doug Darbyson January 30, 2002 Page 3 Additional design clarifications were sought and received in a telephone conversation between Mohsen Soctor of B+H and Ross Hanham of the APRP on January 29, 2002. FINDINGS Massinq, Setbacks & Relationship to Adiacent Buildinqs We have compared the revised design to the TADS requirements, the O.M.B. approved design, and By-law 2000-103 as follows: Criteria TADS By-law Oct 20/00 Jan 25/02 2000-103 Design Design Max Bldg Frontage~ 1-4 Max Btdg Frontage, 5-15 60 m 43,0 m 43.0 m 43.35 m Max Bldg Frontage, 16+ 40 rn 38.75 m 38.75 m 38.675 m Min Separation between Bldgs, 1-4 0 m 7.50 m 7.50 m Min Separation between Bldgs, 5-15 25 m Note 1 Note 2 Note 3 Min Separation between Bldgs, 16+ 35 m Note 4 Note 5 Min Side Yard Setback, 1-4 0 m 0 m 0 m 0 m Min Side Yard Setback, 5-15 12.5 m Note 6 Note 7 Note 8 Min Side Yard Setback, 16+ 17.5 m Note 9 Note 10 Note 11 Min Rear Yard Setback, 1-4 7.5 m 7.5 m 7.5 m 7.50 m Min Rear Yard Setback, 5-15 12,5 m 15.0 m 15.491 m 15.232 m Min Rear Yard Setback~ 16+ 17.5 m ,18.077 m 18.495 m Min Front Yard Setback, 1-4 ~ 0 m 0 m 0 m 0 m Min Front Yard Setback, 5-15 3 m 3.0 m 3.0 m 3.0 m Min Front Yard Setback, 16+ 6 m 6.0 m 6.0 m Max Height - Base Podium 4 storeys Note 12 Note 13 4 storeys +/- 13.25 m Max Height - South Canopy 6.0 m +/- 5.6 m Note 14 Max Height - Tower Base 15 storeys 15 storeys 15 storeys 15 storeys 47.0 m +/- 45.60 m +/- 46.0 m Max Height - Tower 30 storeys 28 storeys 28 storeys 28 storeys 80.5 m 79.4 m 80.7 m Min Height - Roof Feature 10.0 m 10.0 rn 16.0 m Max Height - Roof Feature 2 storeys 2 storeys 2 storeys 16.0m 16.0 rn 16.0m Min Setback at 5~n Floor along street 3 m 3.0 m 3.0 m 3.0 m GARWOOD-JONES & HANHAM The City of Niagara Falls Canada Mr. Doug Darbyson January 30, 2002 Architects Page 4 Notes to Table reqardinq Massinq, Setbacks & Relationship to Adiacent Buildinq,~: 1. Schedule 5 indicates 15 m to the south property line, which is the northerly limit of the adjacent Minolta Tower site. 2. Drawing indicates 15.491 m to the south property line, which is the northerly limit of the adjacent Minolta Tower site. 3. Drawing indicates 15.232 m to the south property line, which is the northerly limit of the adjacent Minolta Tower site. 4. Drawing indicates 18.077 m to the south property line, which is the northerly limit of the adjacent Minolta Tower site. 5. Drawing indicates 18.495 m to the south property line, which is the northerly limit of the adjacent Minolta Tower site. 6. Schedule 5 indicates 15.72 m to Oakes Drive and 9.95 m to the east property line. 7. Drawing indicates 15.724 m to Oakes Drive. 8. Drawing indicates 15.303 m to Oakes Drive. 9. Schedule 5 indicates 17.50 m to Oakes Drive and 12.17 m to the east property line. 10. Drawing indicates 17.50 m to Oakes Drive and 12.172 m to the east property line. 11. Drawing indicates 17.131 m to Oakes Drive and 13.550 m to the east property line. 12. Schedule 5 indicates max 5 storeys and 23.0 m at east corner of tower, max 4 storeys and 15.0 m elsewhere. 13. Drawing indicates max 5 storeys and 19.0 m at east corner of tower, max 4 storeys and 15.0 m elsewhere. Height cannot be determined from Drawing provided. 14. With respect to massing, setbacks and relationship to adjacent buildings, the revised design appears to generally conform to TADS, By-law 2000-103 and the O.M.B. approved design. The design has been revised to include a distinctive roof feature, which was a significant component of the O.M.B. approved design and was a clearly-defined aspect of By-law 2000-103. As in the formerly-approved design, the applicant proposes to achieve a 29th and 30th floor of suites by incorporating these storeys within a roof feature which includes mansard roofs, dormers and cornices. As such, we suggest that the maximum allowable building height of 28 storeys and 80.5 m has been complied with in this revised design proposal and a distinctive roof feature has been provided. GARWOOD- JONES & HANHAM The City of Niagara Falls Canada Mr. Doug Darbyson January 30, 2002 Architects Page 5 Amhitectural Treatment By-law 2000-103 reinforces the intent of the TADS Design Guidelines and OPA 26 by stating: "The design shall include distinctive massing, surface articulation and a roof feature". TADS Guidelines ask the following to be assessed by the APRP: · Does the building articulation and choice of materials help distinguish the building and break up the apparent size of large structures? · Are the articulation and choice of materials appropriate given the high quality of development being sought? It is the opinion of the APRP, and the authorities who it represents, that these objectives were successfully met in the O.M.B. approved design which included numerous significant cornices at a variety of floor levels, pro-cast panels with and without reveals, and a mixture of vertical elements combined with punched-window wall planes. The required building elements of mid-tower, tower and roof were clearly distinguishable. The revised design currently under consideration also meets these objectives and By-law requirements. Significant cornices above the 15th similar to those provided in the O.M.B. approved design have been re-incorporated. The substitution of metal for glass spandrel panels in the wall areas below these cornices has been augmented with numerous horizontal projections and contrasting colour to distinguish the mid-tower from the tower elements of the building. The proposed cladding colours for the roof feature, tower and mid-tower sections of the building have been revised to be moro in keeping with those illustrated in the O.M.B. approved design. Streetscape Improvements Conformance to the requirement of By-law 2000-103 for the applicant to provide streetscape improvements, as detailed in the City's Tourist Aroa Streetscape Master Plan and in keeping with the City's Urban Design Standards, cannot be assessed. There is insufficient detail on the Site Plan for such a determination. RECOMMENDATIONS The APRP recommends acceptance of the submitted revised design dated January 25, 2002 with the following additional comments: The 2" x 2" continuous horizontal projections in the mid-tower, occurring at a frequency of approximately four per storey and shown in the East and South Elevations of the revised design submission, should be confirmed to also occur on the North, North-West and West Elevations The metal cornice elements illustrated at the 16th and 29~h floor levels should be confirmed to be more than "notional" with minimum horizontal projection beyond the building face of at least 1.5 m at the 16th floor level and 1.2 m at the 29th floor level. Their detailed design should be solid to strongly define the base of the roof feature and fully interrupt the vertical cladding between the tower and mid-tower areas of the building. The applicant should include brackets below the 16th floor level cornice similar to those illustrated below the roof feature cornice on the East and South Elevations. GARWOOD - JONES & HANHAM Architects The City of Niagara Falls Canada Mr. Doug Darbyson January 30, 2002 Page 6 2 contd The final design of these cornices should incorporate the recommendations of the RWDI Microclimate Design Review Assessment for this project of December 3, 1999 with respect to the risks of snow and ice accumulation. Actual samples of the proposed metal and glass cladding should be submitted for confirmation of the acceptability of colours, In the O.M.B. Decision/Order No. 1604, the author refers to the site of this project as "highly strategic since it directly overlooks Queen Victoria Park, the primary attraction and the main destination for visitors to Niagara Fails". The decision also notes that the site "sits also atthe top of the existing cable car People Mover and will abut a future public square, a key link in the Grand Boulevard envisioned by the Niagara Falls Tourist Area Development Strategy". It is the opinion of the APRP that the revised design dated January 25, 2002 is generally demonstrative of the excellence in urban design which TADS is intended to achieve. Yours very truly, Ross Hanham ' The Kirkland Partnership Inc. J. Michael Kirkland The Kirk~and Partnership Inc.- Michael Kirktand ~l'~C~-~ The City of Niagara Falls - James H.V. Douglas (fax: 1~905-356-7404) SCHEDULE 1 Subject Land Location Map Ritz Motel Limited 6740 Fallsview Boulevard Plan 59R-11398 City of Niagara Falls SPC-28/2001 1 :NTS m."g I EAST ELEVATION EAST £/~ v, qT~O~ The City of I - Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls:on.ca His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: February 4, 2002 Doug Darbyson Director PD-2002-11 Re: PD-2002-11, Request for Approval of Consulting Services for the Sign By-law Review Study RECOMMENDATION: It is recommended that Council approve the hiring of the MBTW Group to undertake the Sign By-law Review Study and authorize the expenditure of $39,100 for these consulting services. BACKGROUND: The City's Sign By-law dates back to 1964. Since then the by-law has been amended several times but has not been updated or amended on a comprehensive basis. Given this, the changes in signage and advertising trends, and the development pressures in many areas of the City, it is clear that the by-law is in need for a comprehensive amendment. THE SIGN BY-LAW REVIEW STUDY: A comprehensive amendment of the Sign By-law is a major undertaking. Staff of Planning & Development, Building & By-law Services, Legal Services and Municipal Works have met to discuss the matter and the amendment process. It is the opinion of staff that the work akeady completed by the MBTW Group on signage in the tourist districts, done as part of the Streetscape Master Plan, should be expanded to include a review of the City as a whole. The consultant has been requested to provide a quotation for the following: · analysis of signage in the City; · review of the existing by-law as to its performance and recommended modifications; · recommend Official Plan policies; prepare design guidelines; and · prepare the new sign by-law. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development February 4, 2002 - 2 - PD-2002-11 Currently, no Official Plan policies or design guidelines exist respecting signs. As such, staff is limited when it comes to the evaluation of a sign permit application, especially when applications are made that do not comply with the By-law. Official Plan policies and design guidelines, together with a new updated by-law, will assist in the assessment of applications and provide guidance to applicants as to the City's desired criteria for design, extent and location of signs. The MBTW Group proposes to conduct this work over a three-month period at a cost of $39,100. The work program will be completed by the end of April 2002. This work will involve a review of the existing by-law and the existing sign conditions in the City. From this, the consultant will prepare the design guidelines, a draft by-law and Official Plan policies. These documents will then be revised after consultation with staff, Council and the public. Once this work is complete, staff will finalize the Official Plan policies and prepare the necessary amendment for inclusion into the Official Plan. CONCLUSION: It is recommended that the MBTW Group be hired to conduct the Sign By-law Review Study. Expenditure of the $39,100 will be shared by both Corporate Services and Community Service due to the interdisciplinary nature of the work. ~amsley Planner 2 Respectfully submitted: Chief Administrative Officer Recommended by: Doug D~rbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services FILE: S:WDR~002kPD2002-11 .wpd Niagara Fall, Can~~ Corporate Services 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-mail: diorfida@city, niagarafalls.on.ca CD-2002-03 Dean Iorfida City Clerk February 4, 2002. His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: CD-2002-03 - Special Occasion Permits RECOMMENDATIONS: That Council indicate it has no objection to the issuance of Special Occasion Permits to the organizations listed in this report. BACKGROUND: Correspondence has been submitted by the following organizations and has been reviewed and approved by the Parks, Recreation & Culture; Building & Inspections Division; and the Fire Department. Council's concurrence with the Recommendation is requested. Stamford Skating Club Hockey Tournament Feb. 21 - 24, 2002 Stamford Arena. Mike Tychynski Ice Hockey Mar. 7 - 10, 2002 Stamford & Jack Memorial Hockey Tournament Bell Arenas Tournament Recommended by: City Clerk Respectfully submitted: / :na,d Do Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services DI:lw I~'orking Together to Serve Our Community Clerk's · Finance · Human Resoumes Information Systems Legal Planning & Development Niagara Fails canadj.__ llJ Clerk's Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Tel: Fax: E-mail: web site: (905) 356-7521 (905) 356-90s3 clerks~city.niagarafalls.on.ca www.city.niagarafalls.on.ca Dean lorfida City Clerk February 4, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2002-05 Minutes of Council Meetin~ of August 1L 1997 RECOMMENDATION: That Council authorize the amendment to the Minutes of the August 11, 1997 Council Meeting, as outlined in the report. BACK_.GROUND: Inadvertently, the Minutes of the Council Meeting, held on August 11, 1997, were approved with an error pertaining to the Ratification of Committee-of-the-Whole actions: The Minutes were recorded as follows: "ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following matters by Committee of the Whole, earlier this evening, be approved: That an appraisal be obtained of City-owned land of 100 acres north of Lundy's Lane between Beechwood Road and Garner Road" The error is that the motion should have read: "That the land be declared surplus and that an appraisal be obtained of City-owned land of 100 acres north of Lundy's Lane between Beechwood Road and Garner Road" CD-2002-05 -2- Staff seeks Council's approval of this amendment in order that the Minutes may be corrected. Prepared by: Barbara Muir Council Secretary Recommended by: City Clerk //~espectfully submitted: / // ChiefAdministrative Officer COMMITTEE. OF. THE. WH~I I= Committee Room ft2 August 11, 1997 Councg met on Monday, August 11, 1997 at 6:10 p.m. in Committee-of-the-Whole. All members of Council. were present. His Worship Mayor Thomson presided as Chairman. Following consideration of the items presented, the Commi~ee-of-the-Whote rose ' to report in open session. READ AND ADOPTED, MA YOR WAYNE THOMSON Council Chambers August 11, 1997 Council met on Monday, August 11, 1997 et 7:00 p.m. for the puq)ose of considerfng Planning and Regular Business Me,ers. All members of Council, were present. Alderman Norm Puffick offered the Opening Prayer. Prfor to dealing with Council matters, His Worship Mayor Thomson welcomed end inboducad Ms. Keren Kelly, the new Assistant Cily Solicitor to members of Counoil. DISCLOSURES OF PECUNIARY INTEREST~ Alderman Cummings indicated e pecuniary interest on Report PD-97-75, because a member of his family is employed by Niagara Parks Commission; and indicated a pecuniary interest on Report PD-97-81, because Acres Is involved. Aldermen Craitor and Cummings indicated pecuniary intemsts on Report CD-97-29, because they am Involved with organizations that operate bingos; end indicated pecuniary interests on Report F-97-48, Cheque Nos. M91952; M91966, 231135, 231010 because members of their families am employed by the recipient. Aldermen Cmitor indicated e pecuniary interest on Report R-97-46, because he is the Director for the charffabte foundation; and indicated a pecuniary interest on Report F-97-48, Cheque No. 231250 because a member of his family is employed by the finn. - 18- 2. That the City Solicitor be autho~zad to make appffcagen to the Trade. Marks Branch of the C~nadian Intellectual Pmp~ Office te have the said logo given public notice of an official mark and to pay the proscribed fee of $300.00; 3. That an Assignment of Cop~ght be entered into ~th Cynthia Roberls whereby Ms. Roberts would assign any copy~ght she had in the said logo to the Cib/ for nominal consideragon. ORDERED on the motion of Alderman Cummings, seconded by Aldermen Campbell, that the rapo~t be resa/wd end adopted. ~ RATIFICATION ~F C~'~Mtl"I~ OF THE WHOLE ACTIONp ORDERED on the moffon of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following matters by Comm~ea of the Whole, earlier this evening, be approved: ~ 1. That an appraisal be obtained of Clly-owned land of 100 acres north of Lundy's Lane bebveen Beenhwood Road end Garner Road' 2. That the Solicitor be authorized to oppose a motion brought by Norlham Investments regarding zoning in Divisional Court and that the Cily Solicitor be authorized to take all the ne~esssry steps in that regard; 3. That the 120 days deadline by West Niagara Capital Corp. w~th respect to the Monbosa Business Pa~k matter be extended by 60 days and that the Mayor and Clerk be eufhorizad to execute any such documents In that regard; 4. That the Southend De~t on Willoughby Drive be dacismd surplus and offered for The motion Carr~d with Alderman Susin voting contrary to the mo~en wfth respect to the extension to the Montmse Business Pan~ molter and with all others voting in favour. NO. $6. CUMMINGS. JANVARY. WHEREAS there exists e rceds~de ditch on the east side of Mentrose Road that nme from approximately Kinsmen Court to Delta Ddve; AND WHEREAS the residents affected by the ditch have concerns regarding safely end the aesthetics of their pmpertles; AND WHEREAS this stretch of Monbosa Road fells under the jurisdiction of the Regional Muntolpaiify of Niagara. NOW THEREFORE BE IT RESOLVED THAT ~he Region be requested to fill in the roadside ditch. AND the Seal of the Corporstlon be hereto affixed.. NO. $7. JANVARY. CA~PBEU, . WHEREAS the downloading from the Province to Mun~tpellffes has progressed rapidly; AND WHEREAS relisf from lisbilily is necessary to help or, et ~ cost of downloading from the Pmt4nce; AND WHEREAS relief from liablti~y for municipelltiss is in the gmater public interest NOW THEREFORE BE IT RESOLVED: THAT the Premier of the Province of Ontario, the Honourabis Michael Han~s and the Minister of Municipal Affairs, {fie Honoursbie Al Leach be requested to take such steps es are necessary, including stolutory reform, to relieve municipalities from liability in the areas of bullding inR~,~ions, occupiers liabitily and joint and several liabillly, as suggested in the a~ached matedal. THAT ell municipalities within The Regional Municipality of Niagara be requested to endorse this resolution. AND the Seal of the Corporation be hereto affixed. Carried Unanimous_ly Committee of the Whole Committee Room #2 August 11, 1997 Property Matter. L-97-64 - Offer to Purchase City-Owned Lands; Lot 135 off Lundy's Lane (Archie Thompson) - West of Garner Road & East of Beechwood Road ~ ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that this land be declared surplus and that an appraisal be obtained for these lands. Carded Unanimously.